Ordinary Council - Shire of Augusta-Margaret River · 2018-01-25 · Corporate and Community Services, Ms Annie Riordan . The Director Corporate and Community Services disclosed an

Ordinary Council

MINUTES

FOR THE MEETING TO BE HELD WEDNESDAY, 24 JANUARY 2018

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 24 JANUARY 2018

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 24 January 2018, commencing at 5:30pm. Yours faithfully

ANNIE RIORDAN ACTING CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 6 2. ATTENDANCE ........................................................................................................................... 6 2.1 APOLOGIES ............................................................................................................................... 7 2.2. APPROVED LEAVE OF ABSENCE ........................................................................................... 7

3. DISCLOSURES OF INTEREST ................................................................................................. 7 3.1 ITEM 11.4.1 LIST OF PAYMENTS FOR NOVEMBER 2017 – FINANCIAL

INTEREST - DIRECTOR CORPORATE AND COMMUNITY SERVICES, MS ANNIE RIORDAN ................................................................................................................................... 7

3.2 ITEM 11.4.2 LIST OF PAYMENTS FOR DECEMBER 2017 – FINANCIAL INTEREST - DIRECTOR CORPORATE AND COMMUNITY SERVICES, MS ANNIE RIORDAN ................................................................................................................................... 7

3.3 ITEM 11.2.1 PROPOSED DAM AND EARTH WORKS - LOT 2812 BUSSELL HIGHWAY, WITCHCLIFFE – IMPARTIALITY INTEREST - DIRECTOR SUSTAINABLE DEVELOPMENT, MR DALE PUTLAND ........................................................... 7

3.4 ITEM 11.2.1 PROPOSED DAM AND EARTH WORKS - LOT 2812 BUSSELL HIGHWAY, WITCHCLIFFE – FINANCIAL INTEREST - CR GODDEN ..................................... 7

4. PUBLIC QUESTIONS ................................................................................................................ 7 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 7 4.1.1 RESPONSE TO KEN COLLINS - WITCHCLIFFE ECO VILLAGE ............................................ 7 4.2. PUBLIC QUESTION TIME ......................................................................................................... 9 4.2.1 MR DANIEL KOZYSKI - CULTURAL CENTRE REDEVELOPMENT ........................................ 7

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 9 6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 9 6.1 ORDINARY COUNCIL MEETING HELD 13 DECEMBER 2017 ............................................... 9

7. DEPUTATIONS ........................................................................................................................ 10 7.1 ITEM 11.2.1 PROPOSED DAM AND EARTH WORKS – LOT 2812 BUSSELL

HIGHWAY, WITCHCLIFFE – MR KEN COLLINS .................................................................... 10 7.2 ITEM 11.2.1 PROPOSED DAM AND EARTH WORKS – LOT 2812 BUSSELL

HIGHWAY, WITCHCLIFFE – MR WAYNE PRANGNELL..................................................... 10 7.3 ITEM 11.2.1 PROPOSED DAM AND EARTH WORKS – LOT 2812 BUSSELL

HIGHWAY, WITCHCLIFFE – MR MIKE HULME .................................................................. 12 7.4 ITEM 11.2.2 NATURE BASED CARAVAN PARK EXTENSION – MR WOLF KOBAN ........... 14 7.5 ITEM 11.2.2 NATURE BASED CARAVAN PARK EXTENSION – MR BENJI

LEGGATE ................................................................................................................................. 15 7.6 ITEM 11.2.4 USE OF WALLCLIFFE CAVES BY PERMIT HOLDERS AND PUBLIC –

MS HELEN LEE ........................................................................................................................ 15 7.7 ITEM 11.3.1 MANAGEMENT OF VEGETATION ON SHIRE LANDS – REVISION

OF POLICY 16 – MR MURRAY ALLEN ................................................................................... 16

8. PETITIONS ............................................................................................................................... 17 9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER....................................................... 17 10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ................... 17 11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................. 17 11.1. CHIEF EXECUTIVE OFFICER ................................................................................................. 18 11.1.1 NOTES OF COUNCILLOR AGENDA BRIEFING SESSIONS FROM 11 OCTOBER

2017 TO 13 DECEMBER 2017 ............................................................................................... 19 11.1.2 GENERAL MEETING OF ELECTORS 2017 ............................................................................ 25


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11.2. SUSTAINABLE DEVELOPMENT ............................................................................................ 28 11.2.1 PROPOSED DAM AND EARTH WORKS - LOT 2812 BUSSELL HIGHWAY,

WITCHCLIFFE .......................................................................................................................... 29 11.2.2 PROPOSED NATURE BASED CARAVAN PARK EXTENSION ............................................. 63 11.2.3 ESTABLISHMENT OF PLANNING ADVISORY COMMITTEE ................................................ 44 11.2.4 USE OF WALLCLIFFE CAVES BY PERMIT HOLDERS AND PUBLIC .................................. 49

11.3. INFRASTRUCTURE SERVICES ............................................................................................. 63 11.3.1 MANAGEMENT OF VEGETATION ON SHIRE LANDS - REVISION OF POLICY 16 ............ 63

11.4. CORPORATE AND COMMUNITY SERVICES ....................................................................... 69 11.4.1 LIST OF PAYMENTS FOR NOVEMBER 2017 ........................................................................ 70 11.4.2 LIST OF PAYMENTS FOR DECEMBER 2017 ........................................................................ 74 11.4.3 FINANCIAL ACTIVITY STATEMENT REPORT - NOVEMBER 2017 ...................................... 78 11.4.4 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES - 6

DECEMBER 2017..................................................................................................................... 78 11.4.5 WELCOME TO AND ACKNOWLEDGEMENT OF COUNTRY POLICY .................................. 91 11.4.6 TURNER CARAVAN PARK MASTERPLAN ............................................................................ 95 11.4.7 AMENDMENT TO FEES AND CHARGES - FAST 5 PROGRAM ........................................... 98

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ......................................... 101 12.1 BAN ON THE USE OF SPEAR GUNS IN GNARABUP BAY – CR PETER LANE ................ 101 12.2 REFUGEE WELCOME ZONE – SUPPORT FOR WESTERN AUSTRALIA’S PALM

SUNDAY WALK FOR JUSTICE – CR PAULINE MCLEOD ................................................. 101

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ..................................................... 102 14. NEW BUSINESS OF AN URGENT NATURE ....................................................................... 102 14.1 MEMBERS .............................................................................................................................. 102 14.2 CEO ........................................................................................................................................ 102

15. CONFIDENTIAL BUSINESS .................................................................................................. 102 16. CLOSURE OF MEETING ....................................................................................................... 102


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Minutes of the Ordinary Council Meeting held on Wednesday 24 January 2018, in Council Chambers, 41 Wallcliffe Road, Margaret River, commencing at 5.30pm

Ordinary Council Meeting

1. DECLARATION OF OPENING The Shire President welcomed all in attendance and declared the meeting open at 5.30pm The Shire President gave an Acknowledgement of Country: ‘I acknowledge and respect the Pibulmun Wadandi Yoongunjarli (the traditional custodians) of the past, present and future generations, whose lands we share.’ 2. ATTENDANCE

Shire President : Cr Pam Townshend

Councillors : Cr Ian Earl

Cr Naomi Godden Cr Peter Lane Cr Pauline McLeod Cr Julia Meldrum Cr Mike Smart

Chief Executive Officer : Mr Gary Evershed

Director Infrastructure Services : Mr Markus Botte

Director Sustainable Development : Mr Dale Putland Director Corporate and Community Services : Ms Annie Riordan Acting Manager Planning And Development : Mr Matt Cuthbert

Manager Asset Services : Mr David Nicholson (seated in public gallery) Coordinator Environment / Landcare : Mr John McKinney (seated in public gallery) Minute Secretary : Ms Claire Schiller

MEMBERS OF THE PUBLIC 23

MEMBERS OF THE PRESS Augusta Margaret River Times : Ms Terese Coleman


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2.1 Apologies Nil

2.2. Approved Leave of Absence Nil

3. DISCLOSURES OF INTEREST

3.1 Item 11.4.1 List of Payments for November 2017 – Financial Interest - Director Corporate and Community Services, Ms Annie Riordan

The Director Corporate and Community Services disclosed an interest in Item 11.4.1 List of Payments for November 2017, the credit card expenses which is certified by the Chief Executive Officer.

3.2 Item 11.4.2 List of Payments for December 2017 – Financial Interest - Director Corporate and Community Services, Ms Annie Riordan

The Director Corporate and Community Services disclosed an interest in Item 11.4.2 List of Payments for December 2017, the credit card expenses which is certified by the Chief Executive Officer. 3.3 Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe – Impartial Interest - Director Sustainable Development, Mr Dale Putland The Director Sustainable Development disclosed an impartiality interest in Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe, as his son-in-law is an employee of the owner of the Eco Village.

3.4 Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe – Financial Interest - Cr Godden Cr Godden disclosed a financial interest in Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe, as her partner has previously worked for the Eco Village and Cr Godden may work for them in the future.

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice

4.1.1 Ken Collins – Witchcliffe Eco Village Mr Ken Collins of 115 Rowe Road, East Witchcliffe, asked the following questions at the 13 December 2017 Ordinary Meeting of Council, in relation to the Witchcliffe Eco Village. The Shire President took the question on notice. Q1: How will the AMR Shire plan to implement the requirements that "all dams are to

be fitted with automated low-flow bypass mechanisms. The developer is to ensure there are no adverse impacts downstream of the development”. As such, as an ongoing condition of development, the development /strata management company will be required to regularly inspect and maintain the low flow bypass mechanisms to ensure they are functioning properly. The local government is responsible for administering the scheme and will ensure these requirements are fully met. The Minister for Transport, Planning and Lands, 23 June 2017?


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A1: The Shire will ensure that a low flow by-pass is fitted to any dam approved at the Witchcliffe Eco-village by: • Ensuring that any plans which are approved provide details of a suitable low flow bypass

mechanism • Placing appropriate conditions on any approval to ensure the approved plans inclusive of

the low flow bypass are implemented; and • Placing appropriate conditions on any approval issued to ensure that the owners of the

land maintain the low flow mechanism to ensure that it functions as intended at all times. Q2: Will the Shire review the existing dam low flow by-pass mechanism and ensure

it is operating according to the agreement made in 2004 as recommended by the DOW?

A2: The Shire, proponent and DoW (now DWER) are currently working collaboratively to achieve

an approved Urban Water Management Plan which will apply to the entire ecovillage development. The draft plan currently includes a commitment by the proponent to undertake monitoring of the performance of the bypass mechanism fitted to the existing dam.

Q3: Can a caveat or legal agreement be placed on the title of the property to ensure

that the above requirements are complied with observed and performed by the developer/strata management companies and all successors in title of the ecovillage property?

A3: A caveat or legal agreement could be imposed to secure performance against the conditions

of any approval issued, however would serve little value. The reason for this is that the approval in itself would be a requirement for the owner of the land to comply with the conditions, and the Planning and Development Act 2005 provides for severe penalties in the event of any non-compliance. A legal agreement would in effect be nothing more than a ‘promise’ by the land owner to comply with the conditions, which are applicable and enforceable notwithstanding any promise which might be made.

Q4: How can the Shire take a strong interest in ensuring that the regions

water assets are appropriately managed when these dams are partially being utilised for amenity?

A4: The Shire demonstrates its strong commitment to ensuring the regions water assets are

appropriately managed by ensuring that all dams approved are demonstrated as being sustainable based upon the expert advice of the relevant agencies including the DWER. The fact that the dams proposed may enhance the amenity of the property does not in and of itself lead to a finding that the dams should not be approved.

Q5: Can the two extra dams proposed for the ecovillage be constructed as each stage is

undertaken, as water will be retained unsustainably at the expense of the downstream environment and much of the water will be lost to evaporation?

A5: The application for one additional dam on the eco-village site is being considered

simultaneously with the application for the first stage of the eco-village subdivision. As such the staging of the dams relative to the residential subdivision are presently in sync.

Q6: Can the proposed dam which is presently before council for approval be voted on

by councillors and not delegated to shire officers? A6: Answer to this question depends on whether Council call this application in. *The above responses were provided to Mr Ken Collins on 19 December 2017. The abovementioned application is included in this agenda as Item 11.2.1 Proposed Dam and Earthworks – Lot 2812 Bussell Highway, Witchcliffe.


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4.2. Public Question Time

4.2.1 Mr Daniel Kozyski – Cultural Centre Upgrade

Mr Daniel Kozyski of 26 Tingle Court, Cowaramup, asked the following questions regarding the Cultural Centre Upgrade: Q1: What is the current assessment of the total building cost of the Cultural Centre? Q2: Could the community be given a clear breakdown of how the costs will be met, for

example, the exact figure to be drawn from community rates, developer contributions and grants?

Q3: Has there been any assessment to date of the cost of running, maintaining, refurbishing

and replacing the Cultural Centre into the future? Q4: What is the estimated running costs of the new development, including utility costs,

cleaning costs and all other running costs? Q5: What are the estimated annual maintenance costs of the new development? Q6: What will the annual depreciation of the new development be? Will this amount be put

aside in a reserve? Q7: At what stage in the future will a major refurbishment be required (flooring

upgrade/replacement, repainting, retiling, etc.) and what is the estimated cost? Q8: What is the expected life of the Cultural Centre redevelopment? Q9: If all of these Council expenses are annualised over the expected life of the building what

is it actually costing the community every year? Q10: Has Council taken into account these ongoing expenses in their support of this project? Q11: How does Council intend to fund these ongoing expenses into the future?

The Shire President took the questions on notice.

5. APPLICATIONS FOR LEAVE OF ABSENCE Nil

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 13 December 2017

MOTION / COUNCIL DECISION CR EARL, CR MELDRUM OM2018/1 That Council confirms the minutes of the Ordinary Council Meeting held on 13 December 2017 to be a true and correct record of the meeting.

CARRIED 7/0


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7. DEPUTATIONS 7.1 Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway,

Witchcliffe – Mr Ken Collins Cr Godden Left Chambers at 5.37pm as she disclosed a financial interest in Item 11.2.1 at Item 3.4. Mr Ken Collins of 115 Rowe Road, Witchcliffe, addressed the meeting in relation to Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe. A summary of his deputation is as follows: On the 18 July 2017, at the developer's request the Statutory Planning Commission removed the Shire' s notation in the Schedule of Modifications of the Structure Plan that the subdivision of Special Use Eco- village Agricultural Lots is conditional that ownership be restricted to Witchcliffe Eco-village residents only. In view of this change to the structure plan this could allow water from the existing and proposed new dams for purposes by outside owners use, on the approximately 50 - 60 acres of Special Use Eco- Village Agricultural Lot s. This change opposes the vision of the ecovillage of being self-sufficient and under the control of the strata management and the shire's recommendations .

The existing dam on the Ecovillage is adjacent to Stage 1 of the development. The approved dam to the south could be constructed when that stage is developed. The northern dam which is currently before Council should be delayed until Stage 1 is completed and the northern stage is ready for development. In this way water will not be retained unsustainably for visual amenity at the expense of the downstream environment, as much of the water will be lost to evaporation.

Quote from Minister for Transport, Planning and Lands, 23 June 2017, cc to CEO AMR Shire," As proposed by the local government, the amendment requires that "all dams are to fitted with automated low flow bypass mechanisms. The developer is to ensure there are no adverse impacts downstream of the development." As such, as an ongoing condition of development, the development /strata management company will be required to regularly inspect and maintain the low flow bypass mechanisms to ensure they are functioning properly. The local government is responsible for administering the scheme and will insure these requirements are fully met." The automated low flow bypass and environmental flows should be managed, monitored and reported by an independent contractor and strict conditions be embedded in the strata management documents. These should comply with normal State Government monitoring of developments and that the results should be independently audited and made publicly available to verify that the required amount of water is being bypassed to downstream properties. The bypass mechanism on this dam should release 333kL per day as recommended by the DoWER. A binding legal agreement should be entered into between the AMR Shire and the developer/ subsequent owners and/or strata management bodies to comply with, observe and perform all conditions of approval for the dam and be enforceable by the AMR Shire and embedded into an Urban Water Management Plan for the development.

The Shire President thanked Mr Collins for his deputation.

7.2 Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe – Mr Wayne Prangnell Mr Wayne Prangnell of 114 Ashton Street , Margaret River, addressed the meeting in relation to Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe. A summary of his deputation is as follows:

Sustainability of the Dam Sustainable Harvesting of Water When land is cleared for agriculture or converted to hard surfaces such as roofs and roads for urban development the amount of water runoff increases. We estimate that with urban development on our


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site, additional flows of about 1.8ML/Ha will be generated. Our dam is sized so that it is filled mainly by increasing urban stormwater runoff. The water balance for the dam previously endorsed by Council showed that 58ML or 96% of the capacity of the dam would filled from the increase in stormwater runoff from the developed site.

Impacts Down Stream There is a lot of concern about the impact of the dams on our natural creeks and streams but with appropriate sizing, dams are an important part of sustainable water management for urban and agricultural land and they can assist in reducing or preventing impacts downstream.

When land is cleared for agriculture or converted to hard surfaces such as roofs and roads for urban development the amount of water runoff and the intensity of peak runoff increases. Our dam is sized to collect the additional water created from the increase in runoff and the large volume of the dam acts to smooth out peak flows into the downstream waterways. The reduction in peak flows prevents erosion and flooding down stream.

The proposed dam has a catchment of 40Ha wholly located on the Witchcliffe Ecovillage site and a large proportion of the catchment will become urban development. With urban development of the site, stormwater runoff will increase from approximately 3ML/Ha/year pre development to 5ML/Ha/year after development. The pre development runoff from the catchment of approximately 117ML/year will increase by 58ML/year to approximately 175 ML/year. Even though under legislation the applicant has the rights to all water runoff from the site, approximately 96% of the water stored by this dam is provided by the increase in runoff from development and there is very little impact downstream. Use of Water to Improve Sustainability of Food Production The average Western Australian uses about 150Litres of water per day inside their house, and there is a lot of focus on reducing water consumption in the house. The elephant in the room is the water used to grow their food. The average Australian uses more than 10 times this amount of water in the food that they buy from the supermarket.

The Witchcliffe Ecovillage will dramatically reduce our offsite water footprint by growing the majority of its vegetables and fruit onsite, thus provision of water supply for growing food is essential. In our dry summers when a lot of our fruit and vegetables are produced, we require water for irrigation and without the ability to store water, we will be increasing our dependence on food grow offsite and other water sources that are less sustainable than the proposed dam.

In comparison to extraction from the Yarragadee aquifer, pumping groundwater on the Scott coastal plain or up the road in the Peel Harvey Estuary or the extraction of artesian water for industrial scale tomato growing in another state, capturing and using stormwater on site for food production is the most sustainable option Environmental Sustainability Despite what some neighbours opposed to our development may have put to you, this dam actually has a positive environmental impact including: • maintaining predevelopment flows down stream of the dam after development • reducing the impact of peak flows. When a site is cleared for agriculture and developed for urban

development, peak flows and flow velocities increase. When the dam is filling, the bypass pipe provides a steady streamflow downstream. When the dam has filled, the dam acts as a buffer smoothing out peak flows and the spillway provides flows more comparable to pre development streamflows.

• providing aquatic habitat for fish, frogs and crustaceans in the dam • providing stream zone habitat fringing the dam.

Economic Sustainability The dam will contribute to the economic sustainability of Witchcliffe by providing water that enables small farming ventures on the agricultural lots within the Witchcliffe Ecovillage. The agricultural lots


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are not permitted to have housing so cannot become unproductive lifestyle lots. They will provide sustainable income and employment in close proximity to the village. The dam also reduces household costs by enabling residents to grow their own food in the community gardens. Social Impacts The dam will contribute positive social outcomes including: • contribute toward healthy diets by enabling fresh fruit and vegetable production in the

community • walk trails around the dam will provide recreational opportunities for residents with other dams on

the site also providing water to irrigate a public oval. • provide amenity through water for irrigation of public areas such as road verges (which will also

produce food)

Summary This dam, together with the existing and approved dam on the Witchcliffe Ecovillage site, is an essential component of an integrated water management strategy for the Witchcliffe Ecovillage and the sustainability goals of the Witchcliffe Ecovillage. The dam has been referred to and assessed the Department of Water (now DWER). It has been advertised as part of the Witchcliffe Ecovillage Local Water Management Strategy and Structure Plan. There has been considerable scrutiny by Department of Water officers, Shire officers and Councillors and Council has unanimously endorsed the dams as part of the Witchcliffe Ecovillage Structure Plan. The dams are included as part of the overall water management strategy for the Witchcliffe Ecovillage included in the Urban Water Management Plan which has subsequently been supported by Shire officers and Department of Water and Environmental Regulation and now forms part of the subdivision application for the Witchcliffe Ecovillage.

We now ask that Council shows its support for the construction of a sustainable dam that is essential for creating a sustainable development in Witchcliffe. The Shire President thanked Mr Prangnell for his deputation.

7.3 Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe – Mr Mike Hulme Mr Mike Hulme of Sustainable Settlements , Margaret River, addressed the meeting in relation to Item 11.2.1 Proposed Dam and Earth Works – Lot 2812 Bussell Highway, Witchcliffe. A summary of his deputation is as follows:

Firstly, I would just like to clarify that the DA that is being considered this evening is just for our northernmost dam, which is required for stage 1 of the Ecovillage. The middle dam already exists, and the southern most dam already has an approved DA with the Shire. As Wayne has already pointed out, all three of the dams will provide capacity to store the additional stormwater generated by the development of the site into the Ecovillage. The dams are designed to both prevent the increased urban stormwater flow causing damage to downstream properties, and to allow the sustainable reuse of stored stormwater to grow fresh produce on the Ecovillage’s agricultural lots and in the community gardens. When you look at the actual water the Ecovillage will be saving due to the capture of 190 megalitres of stormwater in our three dams, you realise how worthwhile our design is. In fact it will be a nation-leading example of sustainable urban water management. You see, while it’s easy for us to put around 100,000 litre rainwater tank on each home in the Ecovillage to make them self sufficient in water for the year, the average family in Australia uses 100,000 litres of water in a week via the food they buy from the supermarket. This is created by the generally inefficient use of water in broad scale agriculture, and the packaging of mass-produced food; however, we are providing the infrastructure for all of our households to be self sufficient in fresh food produce from our dams and community gardens. So if one does the


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maths, we are actually saving around 1600 megalitres of water across all of the residents of the ecovillage. This is nearly ten times what we are storing in the 3 dams. The dams are an essential component of the Ecovillage’s Local Water Management Strategy (LWMS) and Urban Water Management Plan (UWMP,) and the full detail of these, including the dams, has been approved unanimously by Council in November, 2016, and has also been approved by the Department of Water (DoW) and recently completely approved by WAPC. You can have confidence that the dam that is before you tonight has been scrutinised and assessed well beyond any conventional agricultural dam that would come before the Council for approval. As this dam has already been through rigorous assessment and scrutiny by AMR Shire, DoW, DPaW and WAPC during a nearly 8 year planning process, we would like to give councillors, including those recently elected, a brief recap of the planning process we have undergone so far, as it relates to the Witchcliffe Ecovillage proposed dams. When Council was considering our Scheme Amendment in 2014, I made a deputation at the Council meeting in which I stated very clearly that the dams were essential to the viability of the project, and that Council shouldn’t approve the Scheme Amendment if they didn’t support the dams. The Scheme Amendment was endorsed by Council. We simply would not have committed to the time and expense of the 3 year Structure Planning process if we had not received the certainty of Council support for the whole project, specifically including the dams. Our Scheme Amendment was formally gazetted by the Minister for Planning in May 2017. We submitted our Structure Plan in January 2016, including our LWMS, which includes this dam as an integral part of our overall sustainable water management strategy. Having advertised the Structure Plan to all stakeholders, including DoW, and subjected it to a rigorous 10-month assessment period, the Shire planning officers provided a report to Council advising Council to approve the Structure Plan. Due to a small number of objections from neighbouring properties regarding the dams, there was considerable Councillor scrutiny of the dams, the water balance and the LWMS. Mr Collins made a deputation regarding the dams prior to the Council vote. The Structure Plan, including the LWMS and the proposed dams, was endorsed unanimously by Council and submitted to WAPC. On 18/07/17, WAPC approved the Structure Plan with minor modifications. Mr Collins made a presentation outlining his concerns about the dams to WAPC prior to the decision, however, these concerns were dismissed by WAPC due to the level of assessment undertaken and support from DoW. No modifications relating to the dams were requested by WAPC. The Structure Plan has recently been formally endorsed by WAPC. We submitted a license application to DoW in 2017 for this dam in conjunction with the central and southernmost dam. DoW carried out catchment modelling and provided confirmation that the proposed dam is sustainable, will not have adverse impacts downstream, and like the other two dams, does not require licensing. DoW cannot legally license any of the dams as all of the water captured originates on-site, i.e. we hold the rights to use this water under the Rights in Water and Irrigation Act 1914. DoW provided recommendations for bypass pipe flows to maintain environmental flow requirements downstream, which we incorporated into our design. We have always included provision for bypass flow mechanisms in our plans for all 3 dams. The UWMP, including detailed site geotechnical assessment, detailed stormwater modelling, water quality modelling, and dam engineering details, has been prepared and submitted to Shire and Department of Water and Environmental Regulation (DWER). Shire and DoW further reviewed our UWMP in Oct 2017, and the UWMP was further updated to address DoW and Shire comments, for which we received confirmation from DoW that the UWMP meets requirements on 18th October 2017. On the 5th December 2017, we also received confirmation from DoW that the dam design submitted to Council meets their recommendations including the dam bypass pipe and revised dam bypass inlet detail.


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It has now been 3 months since we lodged our planning application for this dam with the Shire. The dams have been endorsed by the AMRS Council and DoW repeatedly as part of the Scheme Amendment and Structure Plan approval process. We have made repeated deputations each time the project has gone up to Council for approval, each time confirming that the dams are both sustainable, and an integral part of the Ecovillage development, i.e., the development will not proceed without them. The dam application is totally consistent with the requirements of the provisions of LPS 1, and consistent with our Structure Plan and LWMS and UWMP. The LWMS and UWMP have provided all of the technical detail required to demonstrate that the proposed dams adhere to the requirements of this provision. We appreciate that the AMR Shire contains many dams that do not meet sustainability criteria, and have had significant impact on downstream flows, so we do understand the concern of our neighbours, and we tried to allay those concerns through consultation over many years. The difference between our proposed dams and any conventional agricultural dam, is that the Ecovillage will generate a massive increase in stormwater flow through the run off from the impervious surfaces that are created by the subdivision - roads, roofs, paving, paths, etc. Not slowing, filtering, storing and reusing this increased flow would create the kind of stormwater damage to downstream properties that has been experienced by landowners in the Ashton St area west of town, where urbanisation with inadequate drainage and stormwater management measures has created erosion downstream and dumped silt, topsoil, and rubbish into the Margaret River over a number of years. If we were to not create these dams, the downstream creeks would channel this additional flow and would erode. Our expectation was that the timing of this application would have allowed a generous 5-month approval process to allow us to proceed to construction of the dams in February 2018. As you would be aware, construction of dams in the area must be carried out in dry weather to facilitate construction and avoid environmental damage caused by erosion and silting. We are disappointed that we may have lost this opportunity. We are prepared to accept the conditions imposed by the planning officers report, providing that the details of the required monitoring plan are provided to us within a reasonable time frame, and that they are consistent with DoW recommendations. Finally, we would like to remind you that the provisions of our Scheme Amendment, which now sit in Schedule 10 of the Local Planning Scheme, under Structure Plan Area 34, include this provison: “In determining any Local Development Plans or application for development approval, the Local Government will have due regard for the specific landuses identified by the Development Concept Plan which forms part of the Structure Plan.” This dam is identified clearly in that Development Concept Plan, exactly as we have applied for it in our development application to the Shire. We would strongly request that you to approve the dam tonight and allow us to proceed, in line with all of the previous planning decisions made by the Council and by WAPC, with our plans to build an internationally significant sustainable development in Witchcliffe, as our neighbours’ continued efforts to stop us building such an outstanding model of a sustainable community is nothing short of pure nimbyism. The Shire President thanked Mr Hulme for his deputation. Cr Godden re-entered Chambers at 6.04pm

7.4 Item 11.2.2 Nature Based Caravan Park Extension – Mr Wolf Koban Mr Wolf Koban of 201 Bramley River Road, Osmington, addressed the meeting in relation to Item 11.2.2 Nature Based Caravan Park Extension. A summary of his deputation is as follows: Summary of main concerns: • Extremely high fire risk originating from the campground and spreading into our 40 ha bushland.

FMP are of little use, fire avoidance is the better option. People do silly things (campfires,


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smoking, barbecues). A 70% increase in caravan bays is another 70 % fire risk increase. • B.R.R. is a gravel road. At present, with 10 bays in operation the road is already unsuitable for

traffic just 3 days after grading on about 60% of the 4.6km between Osmington and Jindong Treeton. Vehicle movements from the property have increased 10-fold from 4 to 40 per day since its opening. A 70% increase in caravan bays increases daily passes to 68 and increase in dust and exhaust pollution by 70%.

• 70% increase in potential c crime (see recent M.R. police statement: we are not a small village anymore). How true with the crowds spreading to rural areas!

With regards to the approval process (officers report for Shire meeting Oct.4 2016) any increase in camping bays above 10 would be inconsistent with officer's statements, i.e. • "bays limited to 10. Any increase requires removal or cessation of use of the chalet on

site" (comment to subm. 1) • Road use and condition: "there is not sufficient demand to require a road upgrade” is

unrealistic and based on 10 caravan bays. • infrastructure: "impact on the B.R.R. pavement is minimal, given the park is only 10 bays." Actual road conditions tell a very different story and has been like this since the opening of

the park. • Clause 67 B,iv: Incorrect assessment on "...cause detriment to the existing and future

amenity of the neighbourhood" should state a YES. The Shire President thanked Mr Koban for his deputation.

7.5 Item 11.2.2 Nature Based Caravan Park Extension – Mr Benji Leggate Mr Benji Leggate of 232 Bramley River Road, Margaret River, addressed the meeting in relation to Item 11.2.2 Nature Based Caravan Park Extension. A summary of his deputation is as follows:

• Thank you Councillors for attending the site visit today. • Thank you to the Planning department for working with us over the last month. • Thank you for recognising the link between sustainable tourism and agriculture. • Thank you Wolf Koban for your deputation. I am honoured to be a landowner and use agriculture

to connect and inspire others. • It is a ‘nature based’ park, not a ‘caravan park’. • We are sharing our piece of Margaret River. The Shire President thanked Mr Leggate for his deputation.

7.6 Item 11.2.4 Use of Wallcliffe Caves by Permit Holders and Public – Ms Helen Lee

Ms Helen Lee of 351 Harmens Mill Road, Wilyabrup, owner of Bushtucker Tours, addressed the meeting in relation to Item 11.2.4 Use of Wallcliffe Caves by Permit Holders and Public. A summary of her deputation is as follows:

• The report 11.2.4 details Wallcliffe cave infrastructure, which is not the cliff cave that is the report’s focus. Wallcliffe cave is some 800 metres away behind Wallcliffe House.

• The environmental, geological, plus indigenous information about Wallcliffe cave in the report, is not relevant as it is not at the cliff.

• The actual cave in the report is 800 metres away, behind Wallcliffe House, and was closed to any public access in 2003/2004 by a joint consultation with local indigenous elders, Leeuwin Cavers Association, AMRSC and Bushtucker Tours. This cave has signage and is in the far back corner behind Wallcliffe House and Wallcliffe road. This cave has been gated off for some time.

• The tour business ‘Bushtucker Tours’ has longstanding business, environmental and indigenous relationships, with the river and its sites. The closing of a walk along the foreshore of Wallcliffe cliffs


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will seriously impact the business and be impossible to traffic/ inappropriate use. There is substantial use by local residents, water craft users, river residents and tourists on foot, swimming, hiring and enjoying a public river area.

• The tours do not include any indigenous storytelling as we have been requested not to. • The Bushtucker Tour operation was endorsed by George and Vilma Webb. • Proposing that the report and its recommendations be amended to include correct cliff cave

information. • That local concerned individuals and groups be consulted about the report information prior to

publish. • The report should be sent out for public comment to include all the community of Margaret River. The Shire President thanked Ms Lee for her deputation.

7.7 Item 11.3.1 Management of Vegetation on Shire Lands – Revision of Policy 16 –

Mr Murray Allen Mr Murray Allen of 12 Cygney Crescent, Augusta, addressed the meeting in relation to Item 11.3.1 Management of Vegetation on Shire Lands – Revision of Policy 16. A summary of his deputation is as follows: • Apart from the road reserve, on the eastern side of Cygnet Crescent between Cygnet Crescent and

Albany Terrace is an area of what I understand to be a Local Reserve for park and recreational purposes of about 2.5 hectares, which runs in a north-south direction along Albany Terrace from the small toilets/barbecue area near the Colourpatch Store to Chaudiere Place. Apart from the toilet/barbecue area and a small parking area, the Reserve is thick bush that extends all the way from Albany Terrace up a very steep slope to Cygnet Crescent. When constructed, Cygnet Crescent on its eastern side had a level gravel shoulder of about 1.5 metres width before the ground level fell away quickly by about 1.5metres in depth and then fell away further down the slope towards Albany Terrace. There is now no shoulder at all on the eastern side because bush and weeds now grow right to the edge of the bitumen and some shrubs and trees have branches that extend out over the roadway. Because of the height of the vegetation that has grown along the road in recent years it is now not possible to see a considerable part of the views to the south-east through to the north from the roadway

How has Cygnet Crescent been used? • The dominant feature of Cygnet Crescent is its outstanding views over the areas mentioned above.

Because of that, and apart from the obvious attraction of those views to the owners/residents, over the years Cygnet Crescent has been used as a public asset in the following ways: a) Members of the public (tourists and Augusta residents) have walked and driven along Cygnet

Crescent to enjoy the views. Because of the growth of the vegetation it is now a common occurrence for people in cars to stop and climb on top of their vehicle to look at the view or take photos, including whale watching.

b) Emergency Services (Fire Brigade and Sea Rescue) personnel often use Cygnet Crescent as a look out point when situations arise that require a view over Flinders Bay or the River mouth. Recent examples include the Adventure events in November 2017 and the sighting of a shark off Jay’s Beach when Sea Rescue personnel set up observation points from Cygnet Crescent (from the roof of a vehicle and from a spot where it is still possible to see down to the sea).

How has the Shire been involved in past vegetation management on Cygnet Crescent? • Although no mention is made of it in the Officers’ paper for this agenda item, it is my understanding

that for many years (indeed, several decades) the Shire undertook responsibility for maintaining the vegetation along Cygnet Crescent - by pruning that vegetation to about waist height at least once each year. This was the case during the 1980s and 1990s at least and into the 2000s, and I can only assume that the Shire accepted this responsibility because of the benefits to the community mentioned above. Just when that Shire action stopped I do not know - but I presume that Shire works records could throw some light on that point. According to the information provided to me by


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the family that owned 12 Cygnet Crescent from 1977, and from my own knowledge, owners were never asked to contribute financially or in any other way to that maintenance.

Bushfire hazard/risk • I am not calling for any particular action to reduce the fire risk in the reserve as a whole, but there

can be no doubt that as it stands it presents a considerable hazard. I suspect that if the reserve area were to be privately owned it would be of great concern to the Shire. Pruning a strip of vegetation along Cygnet Crescent would go some way to reducing, but not solving, the fire risk. I am not aware of whether or not the Shire has adopted a bush fire management plan for the reserve area. If it has it should publicise the contents of it to the residents living around the reserve. If it has not it should prepare one and publicise it as a matter of priority.

Conclusions • It would be wrong, in my view, to see the present issues around Cygnet Crescent as primarily about

private landowners wanting to reinstate or enhance a view, although it cannot be denied that the work sought to be approved would be of benefit to the owners. Rather, of equal or more importance would be the reinstatement of Cygnet Crescent as a location of great value to those people and organisations who wish to enjoy or utilise the views that were previously available. Cygnet Crescent should be seen as a public asset for the residents of and visitors to Augusta. The Shire should accept that it would be entirely consistent with its strategic principles to see the location in this way and to protect a spot of natural beauty and one that facilitates persons accessing the views that are an asset of the town.

Cygnet Crescent in 1993, 2004 and 2018.

The Shire President thanked Mr Allen for his deputation.

8. PETITIONS Nil

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER Nil

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN Nil

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1.

Chief Executive Officer


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11.1.1 NOTES OF COUNCILLOR AGENDA BRIEFING SESSIONS FROM 11 OCTOBER 2017 TO 13 DECEMBER 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/221 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

IN BRIEF • Council conducts bi-monthly as required Councillor Briefing Sessions which are run under strict

guidelines in compliance with the Department of Local Government, Sport and Cultural Industries (DLGSCI) Guidelines.

• Council’s policy for the conduct of the Councillor Information Briefing Sessions provides for the proceedings of the briefings to be brought to Council and for wider community awareness as a public record in the form of notes as an additional accountability mechanism.

• Notes of recent Councillor Briefing sessions are presented to be received by Council in accordance with Council’s adopted policy.

RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings from 11 October 2017 to 13 December 2017. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The purpose of Councillor Agenda Briefings and Concept Forums is to: 1. Provide relevant information so that Councillors are better informed when participating in Council

decision making processes. 2. Provide a forum for two-way communication between elected members and key staff members on

important Council related matters. 3. Provide an inclusive opportunity for general community members and the press to receive the

same information on Agenda Items being provided to elected members on a range of relevant topics

Agenda briefings and workshops sessions are centred on one or more of the following outcomes which can be classified under the DLGSCI Guidelines for Councillor Forums as either a Concept or an Agenda Forum: Concept Forums • capacity building and up skilling of Councillors • discussion of governance processes and effectiveness • a statement of principles on key issues • guidance to the CEO on further avenues of research • compiling a list of critical issues resulting from the briefing


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• the brainstorming of ideas • policy development and direction (but not adoption) • ongoing discussion of the Shire’s strategic direction Agenda Forums • breaking down of complex issues before Council • clarification of items on the Council agenda • requests for additional information on items on the Council agenda • confidential discussion of items which are on the agenda and which will be discussed with

members of the public excluded Agenda Briefing Sessions are open to all elected members and generally to all members of the public and press. The Chief Executive Officer is to be in attendance and other relevant Directors and staff as required by the CEO for the provision of information to elected members. Matters of a confidential nature to be included in a Council agenda will be discussed at closed briefing sessions (i.e. not open to the public). Otherwise normal briefing sessions will be open to the public at a suitable publicly accessible time. As recommended by the Department of Local Government, Sport and Cultural Industries, sessions considered by the CEO in consultation with the Shire President to be Concept Forums will be closed to the public to facilitate the open discussion of preliminary ideas and concepts by Councillors. CONSULTATION AND ADVICE External Consultation The Local Government Operational Guidelines Number 5 Council Forums have been considered and adapted for use in the Shire of Augusta Margaret River setting. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The following are the informal notes of the Councillor Agenda Briefings and Concept Forum Sessions recently held as recommended by Council’s adopted policy which is consistent with the DLGSCI Guidelines. Notes of Councillor Agenda Briefings and Concept Forum Sessions from 11 October 2017 to 13 December 2017 DATE: 11 OCTOBER 2017 Attendance: Crs: Earl, Kennaugh, Haynes, Lane, Townshend, Smart and Hastie, Officers: CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Infrastructure Services, Markus Botte, and Director Sustainable Development, Dale Putland. Briefing: 12 Burnside Road, Burnside - Application for Agriculture Intensive (Vineyard and Orchard) Winery, Rural Produce Sales (Cellar Door), Brewery, Licensed Restaurant and Retrospective Application for Works to a Dam and Bunds The Director Sustainable Development, Dale Putland and Manager Planning and Development, Nick Logan, briefed Council on Lot 12 Burnside Road. (There were approximately 4 members of the public present.) Closed Briefing: CEO Performance Review The CEO, Gary Evershed, briefed Council on the CEO Performance Review. This briefing was closed as it was related to the performance criteria for the CEO as per his contract of employment. (Directors were not present at this briefing)


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DATE: 25 OCTOBER 2017 There were no Councillor briefing sessions. DATE: 8 NOVEMBER 2017 Attendance: Crs: Earl, Godden, Lane, McLeod, Meldrum, Smart, Townshend Officers: CEO, Gary Evershed, Director Corporate and Community Services, Annie Riordan, Director Sustainable Development, Dale Putland, and Director Infrastructure Services, Markus Botte. Briefing: Strengthening Youth Plan The Community Development Trainee, Callum Noone, gave a briefing on the major review of the Strengthening Youth Plan. Also in attendance: Kirstie Davis Coordinator Corporate and Community Development, Nigel Anderson, Manager Human and Community Services and member of the press, AMR Times. Briefing: Walk and Mountain Bike Strategy The Manager Asset Services, David Nicholson, presented on the proposed project scope and the community consultation process. DATE: 22 NOVEMBER 2017 Attendance: Crs: Earl, Godden, Lane, McLeod, Meldrum, Smart, Townshend Officers: Acting CEO, Annie Riordan, Director Infrastructure Services, Markus Botte and Acting Director Sustainable Development, Nick Logan. Briefing: Shire’s Financial Performance Financial Consultant, Mr Ron Back, gave an overview of the Shire’s financial performance. Also in attendance: Manager Corporate Services, Andrew Ross, Member of the press from AMR Times. The Acting Director Sustainable Development was not present for this briefing. Briefing: Scheme Amendment No.59 – Addition to Small Bar Strategic Projects Officer, Matt Cuthbert, briefed Council on Scheme Amendment 59 as per Council’s resolution OM2017/265 at the 8 November 2017 Council Meeting. Also in attendance: Member of the press, from AMR Times. Cr McLeod was not in attendance at this briefing as she disclosed a proximity interest. Briefing: Cowaramup Drive Through Coffee Shop Actin Director Sustainable Development, Nick Logan, briefed Council on a proposed Shop, Show Room and Café at 90 Bussell Highway, Cowaramup. Also in attendance: Strategic Projects Officer, Matt Cuthbert, Community and Corporate Planner, Stacey Hutt and Member of the press from AMR Times. Briefing: Flinders Bay Protection and Management Plan Strategic Project Officer, Matt Cuthbert, and Senior Planning Officer, Matt Slocomb, briefed Council on the Flinders Bay Protection and Management Plan. Also in attendance: Coordinator Legal Services, Ian McLeod and Community and Corporate Planner, Stacey Hutt. Crs Smart and Meldrum were not in attendance during discussion on the masterplan as they both disclosed a proximity interest, however were present for discussion on the Flinders Bay Handrails. DATE: 6 DECEMBER 2017 Attendance: Crs: Earl, Godden, Lane, McLeod, Meldrum, Smart, Townshend Officers: CEO, Gary Evershed, Director Infrastructure Services, Markus Botte and Director Sustainable Development, Dale Putland. Briefing: Disability Access and Inclusion Plan


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Community Development Officer, Katie Taylor, presented on the major review of the Access and Inclusion Plan. Briefing: Planning Policies Manager Planning and Development, Nick Logan, gave an update on reviewed policies including holiday houses. Briefing: Leeuwin Naturaliste Strategy Manager Planning and Development, Nick Logan, gave an update on the Leeuwin Naturaliste Strategy. Also in attendance: Strategic Project Officer, Matt Cuthbert Briefing: Procurement and reporting the progress of Council decisions This briefing was requested by Councillors Smart and Meldrum. The Manager Corporate Services, Andrew Ross, presented on the Procurement and Reporting process. Briefing: Cliff Stability Report The Sustainability Planning Officer, Jarred Drummond, provided Councillors with an update on key recommendations from the report, including cliff safety signage, remediation works and coastal hazard zone mapping. Briefing: Witchcliffe Eco Village Strategic Projects Officer, Matt Cuthbert, gave an update on the progress of the Witchcliffe Eco Village. Cr Lane requested this briefing. Briefing: Youth Precinct The Manager Human and Community Services, Nigel Anderson, gave an update on the master plan and staging. Briefing: Wallcliffe Road Streetscape Projects Manager, Helen Whitbread, presented options for the Wallcliffe Road Streetscape. Also in attendance: Manager Human and Community Services, Nigel Anderson Closed Briefing: Main Street Redevelopment Update Projects Manager, Helen Whitbread, presented on the Margaret River Main Street Project Control Group and Design Team review of Detailed Design Update in response to the Margaret River Main Street Stage 2 Design, 2017 community consultation, commissioned reports and Shire Officers consultation. This briefing was closed as it relates to confidential contractual information. Briefing: Augusta Margaret River Clean Community Energy (AMRCCE) AMRCCE Chair, Lyn Serventy, briefed Councillors regarding an agreement reached between AMRCCE and the Lower Blackwood LCDC to assess the feasibility of an anaerobic digester, complementing the intermittent solar/wind energy, which would provide a best practice system for the treatment of agricultural effluent and a more environmental friendly fertiliser for farmers. DATE: 13 DECEMBER 2017 Attendance: Crs: Earl, Godden, Lane, McLeod, Meldrum, Smart, Townshend Officers: CEO, Gary Evershed, Director Infrastructure Services, Markus Botte, Director Sustainable Development, Dale Putland and Director Corporate and Community Services, Annie Riordan. Briefing: Site Inspection – Fearn Avenue Toilets Councillors attended a site visit to the new Fearn Avenue toilet facilities. (Crs McLeod, Meldrum, Smart and Townshend were not in attendance. The Director Corporate and Community Services and Director Sustainable Development were not in attendance) Also in attendance: David Gunn, Coordinator Asset Services


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Briefing: Site Inspection – Zone Room Councillors attended a site visit to the Zone Room. (Crs Earl and Townshend were not in attendance. The CEO, Director Sustainable Development and Director Infrastructure Services were not in attendance) Also in attendance: Community Development Trainee, Callum Noon, Manager Human and Community Services, Nigel Anderson and Convic Project Manager, Alexis Sartitsis. . Briefing: Community Consultation Cr Lane requested the briefing and presented to Councillors on Community Consultation. Closed Briefing: Cultural Centre Redevelopment Funding The CEO, Gary Evershed and Manager Corporate Services, Andrew Ross, presented on the Cultural Centre Redevelopment Funding. This briefing was closed as it relates to confidential contractual information. Briefing: Site Visit – Exmoor Drive As per Council resolution OM2017/289 at the 22 November 2017 Ordinary Meeting of Council, Councillors attended a site visit to Exmoor Drive. (The CEO, Director Infrastructure Services and Director Corporate and Community Services were not in attendance) Also in attendance: Acting Manager Planning and Development, Matt Cuthbert, Coordinator Landcare and Environment, John McKinney. Briefing: WA Surf Life Saving WA Surf Life Saving presented to Council on the potential start up of Surf Life Saving in Margaret River. (The Director Infrastructure Services was not in attendance) Briefing: Margaret River Senior High School Students from the Margaret River Senior High School presented to Council on their recent trip to Haining. (The Director Infrastructure Services was not in attendance) STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Kay Result Area 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.1: Attract and develop high quality Councillors that are able to lead and articulate the community’s aspirations Service level strategy/plan 5.1.1.5: Conduct Councillor briefing sessions prior to Ordinary Council Meetings and bring a record of briefings to Council meetings on a quarterly basis PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social


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Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefings from 11 October 2017 to 13 December 2017. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR EARL, CR GODDEN OM2018/2 That Council receives the Notes of Councillor Agenda Briefings from 11 October 2017 to 13 December 2017.

CARRIED 7/0


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11.1.2 GENERAL MEETING OF ELECTORS 2017 LOCATION/ADDRESS Shire of Augusta Magaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GRL/16 REPORT AUTHOR Claire Schiller, Council Minutes and Agenda Officer AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

IN BRIEF • The minutes of the General Meeting of Electors held on 13 December 2017 are to be considered

in accordance with section 5.33 of the Local Government Act 1995, and any decisions that were made at the Meeting of Electors are to be considered by Council at this meeting.

RECOMMENDATION That Council: 1. Receives the minutes of the 13 December 2017 General Meeting of Electors; 2. Notes the acceptance of the 2016.17 Annual Report in its entirety; and 3. Notes the acceptance of the 2016-17 Audited Financial Statements. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The General Meeting of Electors was held in Council Chambers, Margaret River, on Wednesday 13 December 2017 in accordance with the Local Government Act 1995 and was held within the prescribed 56 days following Council’s acceptance of the Audited Annual Financial Statement. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation CEO DISCUSSION / OFFICER COMMENTS The following decisions were made at the General Electors’ Meeting held 13 December 2017: MOTION / COUNCIL DECISION CR TOWNSHEND, CR EARL EM2017/1 That the General Meeting of Electors receives the 2016/17 Annual Report for the Shire of Augusta Margaret River.

CARRIED 7/0 and; MOTION / COUNCIL DECISION CR TOWNSHEND, CR LANE EM2017/2


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That the General Meeting of Electors receives the 2016/17 Audited Financial Statements for the Shire of Augusta Margaret River.

CARRIED 7/0 No other motions were moved from the floor, nor decisions made by electors at the meeting. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s5.27 (3), 5.31, s5.32 & s5.33 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 5.7: Measure and report on success and sustainability Strategic Response 5.7.2: Report on our success and sustainability to the community and stakeholders Service level strategy/plan 5.7.2.1: Implement Annual Reports consistent with the guidelines for the Department of Local Government, Sport and Cultural Industries’ Integrated Planning and Reporting Framework PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social The Annual Report provides the community with a report on the progress Council has made against the Shire’s Strategic Plan. Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the minutes of the 13 December 2017 General Meeting of Electors; 2. Notes the acceptance of the 2016.17 Annual Report in its entirety; and 3. Notes the acceptance of the 2016-17 Audited Financial Statements. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes to the General Meeting of Electors held 13 December 2017


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RECOMMENDATION / COUNCIL DECISION CR EARL, CR LANE OM2018/3 That Council: 1. Receives the minutes of the 13 December 2017 General Meeting of Electors; 2. Notes the acceptance of the 2016.17 Annual Report in its entirety; and 3. Notes the acceptance of the 2016-17 Audited Financial Statements.

CARRIED 7/0


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11.2.

Sustainable Development


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11.2.1 PROPOSED DAM AND EARTH WORKS - LOT 2812 BUSSELL HIGHWAY, WITCHCLIFFE LOCATION/ADDRESS Lot 2812 Bussell Highway, Witchcliffe APPLICANT/LANDOWNER Perron Developments Pty Ltd FILE REFERENCE P217531; PTY/1650 REPORT AUTHOR Matt Slocomb, Acting Coordinator Statutory Planning AUTHORISING OFFICER Matt Cuthbert, Acting Manager Development Services

Cr Godden left Chambers at 6.40pm as she disclosed a financial interest at Item 3.4. The Director Sustainable Development left chambers at 6.40pm as he disclosed an impartiality interest at Item 3.3. IN BRIEF • The proposal is an application for a dam and earth works at Lot 2812 Bussell Highway, Witchcliffe

(the Site), which is part of the Witchcliffe Eco Village Development. • As required by LPS1, the proposal was referred to nearby/adjoining property owners and

government agencies. Four objections were received from the community and feedback was provided by the Department of Water and Environmental Regulation and Main Roads.

• The dam location is consistent with the Witchcliffe Eco Village Structure Plan and the design has been supported by the Department of Water and Environmental Regulation.

• The earthworks proposed are consistent with the Witchcliffe Eco Village Structure Plan. • The proposal has been ‘called in’ for determination by Council after initially being recommended

for approval by the Shire’s Development Assessment Unit (DAU).

RECOMMENDATION That Council approves the application for a Dam and Earthworks at Lot 2812 Bussell Highway, Witchcliffe (the site), subject to conditions. PROPOSAL A planning application has been received for the construction of a Dam towards the eastern side of the site. The Dam is one of three dams shown on the approved Witchcliffe Eco Village Structure Plan that are to be used for village irrigation (community gardens and shared community spaces), irrigation of public open space, agricultural areas and for fire management. The dam is proposed to have a maximum capacity of 60 mega litres and will incorporate a low flow bypass in order to maintain flows downstream. The proposal also includes the placement of the overburden from the excavation of the Dam along Bussell Highway in the form of an earth bund, as well as the future oval site as identified on the endorsed structure plan. The maximum height of the bund will be approximately 2.5m and landscaped with native vegetation. The development plans are enclosed as an attachment to this report (Attachment 1). LOCATION The Site is located on the eastern side of Bussell Highway, to the north west of the Witchcliffe town site. The area the subject of the application comprises of an existing small dam located centrally towards the eastern side of the site. The Site is identified at Figure 1. TABLED ITEMS Nil


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Figure 1. Lot 2812 Bussell Highway, Witchcliffe BACKGROUND As previously discussed, the proposal is part of the Witchcliffe Eco Village Development. The Witchcliffe Eco Village Structure Plan has been adopted by Council and the West Australian Planning Commission pending modifications. It is understood that these modification have been made and that final endorsement of the Structure Plan is imminent. As previously discussed the Structure Plan outlines the location of three dams within the overall development. Throughout the structure plan process, the locations of these dams have already been assessed and supported by the relevant government agencies. In respect to the subject application, the Shire’s DAU considered the proposal on 12 December 2017. The DAU provisionally approved the proposal subject to conditions however, it has been requested that the item be brought before Council for final determination. CONSULTATION The proposal was advertised to nearby/adjoining property owners, as well as government agencies. At the conclusion of the advertising period six submissions had been received, four from community members and two from Government Agencies (Main Roads and the Department of Water and Environmental Regulation). The comments provided by community members are set out in detail in a schedule of submissions (Attachment 2), however the main issues raised can be summarised as relating to the perceived negative impact that the dams would have by reducing the flow of water through the down-stream environment. PLANNING FRAMEWORK In accordance with LPS1, development within the ‘Future Development’ zone shall have due regard to any structure plan adopted for the site. The number, size and location of dams permissible on the subject site have been established by the Witchcliffe Eco Village Structure Plan. The intent of a structure plan is to provide broad land use direction, with technical details being resolved through development/subdivision. The area along the highway where the proposed bund is to be located is consistent with the Landscape Master Plan prepared for the subdivision of the site. The plan indicates that this area is to accommodate

Dam Location


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vegetated earth mounds to provide noise and visual mitigation from Bussell Highway. The overburden being placed in the location of the future oval will contribute to its ultimate development as a sports field consistent with the Structure Plan. The proposal involves a variation to the 60m setback requirement from Bussell Highway specified in Schedule 9, and which relates to all development. Clause 4.33.2 allows Council to vary from this standard as follows: “…the local government may consider a reduction in the 60 metre setback where, in the opinion of the local government, a lesser setback: (a) is deemed to be absolutely necessary to facilitate the proposed development; and (b) would not result in a greater environmental, landscape or visual impact.” A reduction to the 60m standard is necessary in this case as by their nature, noise bunds are required to located immediately adjacent to the noise source. In response to point (b), the vegetated bund is considered to be preferential from a visual impact perspective, as opposed to expansive views from the road across the future urban development area. DISCUSSION Impacts on Environmental flows Issues associated with water catchment management are regulated by the Department of Water and Environmental Regulation (DoWER) who have undertaken a detailed assessment of the proposal and the low flow bypass. The applicant has worked in consultation with DoWER who has provided support for a low flow bypass designed to achieve a daily bypass rate of 333kL/day. DoWER has also requested that a monitoring plan be introduced for all dams on this site by way of the Urban Water Management Plan which will be required to be prepared and implemented as part of the future subdivision of the site. As this may be some time away, a condition of planning approval has been included to ensure the bypass flow is appropriately maintained and monitored in the interim period. Concerns raised by four members of the community regarding the impact of the dam on the natural environment are not shared by the DoWER, with the Shire being reliant on this agency for technical advice in this specialised field. Subject to installation of the approved low flow bypass and an ongoing monitoring regime, the DoWER support the proposal. CONCLUSION As discussed in the planning section of the report, the proposal is consistent with the relevant planning requirements applicable to a development of this nature. The size and location of the dam are consistent with the conditionally approved structure plan. The detailed design of the dam, inclusive of the low flow bypass device is supported by the relevant government agencies and on this basis conditional approval is recommended. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 3: – Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No.1 Service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental The proposal has been designed in such a manner that it will maintain environmental flows in the Upper Chapman catchment to the satisfaction of DoWER. The proposal involves minimal vegetation removal


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and has been thoroughly assessed by the relevant agencies through the assessment of the subject application and structure plan. Social The proposal is part of the Witchcliffe Ecovillage Development, which will result in considerable population growth in the Witchcliffe area. Economic The expansion of the Witchcliffe village will support increased economic opportunities and activity within the town site. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council grant planning approval for a Dam and Earthworks at Lot 2812 Bussell Highway, Witchcliffe subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below

and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications

P1 – P2 received at the Shire Offices on the 31 August 2017, P3 received at the Shire Offices on the 13 December 2017, P4 – P6 received at the Shire Offices on the 6 November 2017 and P7 received at the Shire Offices on the 28 November 2017

2. If the development, the subject of this approval, is not substantially commenced within two (2) years from the date of this letter, the approval shall lapse and be of no further effect. Where an approval has lapsed, development is prohibited without further approval being obtained. (P)

3. Earthworks or modifications are only permitted in the area approved for development as shown on the approved plans. No earthworks or fill are to encroach into the Bussell Highway road reserve. (P)

4. The Dam, the subject of this approval, shall be surveyed upon completion to confirm its total storage capacity up to a maximum of 60000KL. A copy of the survey shall be provided to the Shire and the Department of Water within three (3) months of final completion. (P)

5. The low flow bypass shall be installed and maintained as designed to the satisfaction of the Shire of Augusta Margaret River (refer to advice note b).

6. Prior to commencement, a monitoring plan should be prepared and approved which shall detail reporting requirements to the Shire of Augusta Margaret and Department of Water and Environmental Regulation to demonstrate that the low flow bypass is operating as designed.

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:

(i) This is not a Building Permit. A Building Permit must be issued by the relevant Permit Authority before any work commences on site as per the Building Act 2011;

(ii) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises; and

(iii) The Bush Fires Act 1954 as amended, Section 33(3), Annual Bush Fires Notice applies to this property.


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b) In respect to condition 5 & 6, the low flow bypass shall be monitored to ensure that meets the recommended daily bypass rate of 333kL/day.

ATTACHMENTS 1. Development Plans 2. Schedule of Submissions RECOMMENDATION CR EARL, CR SMART That Council grant planning approval for a Dam and Earthworks at Lot 2812 Bussell Highway, Witchcliffe subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed

below and endorsed with Council’s stamp, except where amended by other conditions of this consent.







6. Prior to commencement, a monitoring plan should be prepared and approved which shall detail reporting requirements to the Shire of Augusta Margaret and Department of Water and Environmental Regulation to demonstrate that the low flow bypass is operating as designed.

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other

legislation:




b) In respect to condition 5 & 6, the low flow bypass shall be monitored to ensure that meets

the recommended daily bypass rate of 333kL/day. 0/0


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Cr Meldrum moved the following amendment: AMENDMENT / COUNCIL DECISION CR MELDRUM, CR MCLEOD OM2018/4 That Condition 6 be amended to include the following wording as highlighted in red: 6. Prior to commencement, a monitoring plan must be prepared and approved which shall

detail reporting requirements to the Shire of Augusta Margaret and Department of Water and Environmental Regulation to demonstrate that the low flow bypass is operating as designed. The low flow bypass shall be monitored by an independent 3rd party to ensure that it meets the recommended daily bypass rate of 333kL/day with monitoring reports provided to Shire on an agreed regular basis and that all associated costs are the responsibility of the proponent.

CARRIED 6/0

REASON The amendment ensures ratepayers will not be facing costs related to issues that may arise as regards monitoring the water flow into the future and ensure regular reports are received on the same. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR EARL, CR SMART OM2018/5 That Council grant planning approval for a Dam and Earthworks at Lot 2812 Bussell Highway, Witchcliffe subject to compliance with the following conditions: CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed








6. Prior to commencement, a monitoring plan must be prepared and approved which shall detail reporting requirements to the Shire of Augusta Margaret and Department of Water and Environmental Regulation to demonstrate that the low flow bypass is operating as designed. The low flow bypass shall be monitored by an independent 3rd party to ensure that it meets the recommended daily bypass rate of 333kL/day with monitoring reports provided to Shire on an agreed regular basis and that all associated costs are the responsibility of the proponent.


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legislation:




CARRIED 6/0 Cr Godden re-entered Chambers at 6.51pm The Director Sustainable Development re-entered Chambers at 6.51pm


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11.2.2 PROPOSED NATURE BASED CARAVAN PARK EXTENSION LOCATION/ADDRESS 232 (Lot 2275) Bramley River Road, Osmington APPLICANT/LANDOWNER Able Planning & Project Management/B & H Leggate FILE REFERENCE P217436; PTY/5014 REPORT AUTHOR Matt Slocomb, Acting Coordinator Statutory Planning AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • The Shire has received a planning application for the expansion of an approved nature based

caravan park at 232 (Lot 2275) Bramley River Road, Osmington. • The proposal as originally requested an additional 11 full time caravan bays and 6 seasonal bays

to be situated within an olive grove alongside the 10 existing bays. • The proposal was advertised to nearby/adjoining property owners and four (4) objections were

received. • Following consultation and consideration by the Shire’s Development Assessment Unit, the

applicant has agreed to reduce the proposal to six (6) permanent bays and one ‘overnight’ bay. • The revised proposal is able to be provided within the existing footprint of the caravan park, does

not require additional services and can be conditioned to ensure that it remains incidental to the agricultural use on site. Accordingly, the proposal is recommended for conditional approval.

RECOMMENDATION That Council grant Planning Consent for the Caravan Park Extension at 232 (Lot 2275) Bramley River Road, Osmington subject to conditions. LOCATION PLAN


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TABLED ITEMS Nil BACKGROUND Planning approval was granted on 11 October 2016 for 10 caravan/camping bays in the northwest corner of the site (Reference P216249). Approval was initially sought for 12 bays but given the presence of an existing chalet on site this was limited to 10 bays as per LPS1. The proposal is an expansion of this use previously approved. The proposed 17 bay expansion was presented to the Shire’s Development Assessment Unit (DAU) and was recommended for refusal. Following the presentation to DAU the proposal was ‘called in’ for consideration by full Council. In the intervening period the applicant has agreed to reduce the number of additional bays to six with one overnight bay. THE PROPOSAL The Shire has received a planning application for the expansion of an approved caravan park at 232 (Lot 2275) Bramley River Road, Osmington. The proposal involves the creation of an additional 6 full time caravan bays and one overnight bay. The bays are to be located within an olive grove alongside 10 existing bays towards the north-west corner of the site. The overnight bay is intended to be used to allow travellers to stay overnight whilst the park is at capacity and other accommodation options are pursued. The substantial agricultural activity currently carried out on the site includes the breeding of cattle, sheep, pigs, production of table olives, eggs and on farm smokery & deli/ butchery. PLANNING FRAMEWORK Local Planning Scheme No.1 Chalets and Caravan Parks in the Priority and General Agriculture zones Clause 4.16.3 allows for the Shire to consider chalets/cabins or caravan/camping bays within the General Agriculture zone. This is limited to 6 chalets/cabins or 12 caravan/camping bays (cumulatively) on lots having areas greater than 20 hectares. In addition to the limitation on numbers within the zone, proposals are required to avoid areas of high agricultural value as well as meet the definition of low impact tourist development under the Scheme. A low impact Tourism Development is defined as follows: “development predominantly of a tourist nature that has been designed in such a manner that it does not detract from the rural and natural amenity of the locality, and includes the following criteria: (a) development being located so as to avoid ridge lines, escarpments or visually exposed sites and

situated where screening vegetation or landform can be utilised; (b) use and development being sensitively located and designed to minimise impact on vegetation,

watercourses, soil quality and existing land uses; (c) development being of a scale and nature so as to be self-sustaining on the lot or demonstrating

the ability to provide servicing without significant modifications to existing infrastructure; (d) development that by the nature of its scale, design, colours, materials, landscaping and use, has

minimal impact on its site and surrounding areas; and (e) where the land use and any development has a minimal off-site consequence. In addition to meeting the definition of low impact tourism development, clause 4.16.3(e)(i) requires that development be incidental to the principal use of the land for agricultural purposes.


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5.5 Variations to site and development standards and requirements Clause 5.5 allows Council to approve a proposal where it does not comply with a standard set by the Scheme. Clause 5.5.3 states that the power conferred by clause 5.5 may only be exercised if the local government is satisfied that: (a) approval of the proposed development would be appropriate having regard to the criteria set

out in clause 67 of the Deemed Provisions; and (b) the non-compliance will not have an adverse effect upon the occupiers or users of the

development, the inhabitants of the locality or the likely future development of the locality. With regard to part (b), the results of the consultation undertaken with surrounding landowners is detailed later in this report. Ten Mile Brook (Priority 3) Water Catchment Area The proposal is located within the Ten Mile Brook catchment Special Control Area (SCA) under the Scheme. The objective of the SCA is to ensure that land uses are regulated and managed to minimise the risk of pollution within a public drinking water catchment area, and the Shire often obtains technical advice from the Department of Water and Environmental Regulation (DoWER) to support its assessment. The subject proposal was referred to the DoWER who advised that the key risks with the proposal were the following: • Increased traffic movements that may disturb surface areas, resulting in soil erosion and turbid run

off; and • Potential increase of nutrients and or pathogens in the case of unregulated or accidental disposal

of wastewater, sewerage or grey water (sullage), or the lack of wastewater infrastructure maintenance.

Notwithstanding the above, DoWER advised that the commitments provided by the applicant in respect to water management are appropriate, and the proposal presents a low risk to water resources. While the Yarragadee bore is now used as the principle source of potable water, the Ten Mile Brook catchment remains a potable water source reserved for future growth and peak times. Development Standards The following setback requirements are applicable in the General Agriculture zone:

Setback Requirement Provided Front 30m 37m Rear 20m 716m Side (East) 20m 645m Side (West) 20m 28m

The additional bays are compliant with the above standards of the Scheme. Local Planning Strategy Local Planning Strategy outlines the broad policy areas for agricultural areas within the Shire. In respect to tourism development on agricultural land, the strategy states that there is a general presumption against supporting larger scale tourism development within agricultural zones as this is considered contrary to the protection of agricultural land for rural production purposes. The strategy states that small scale and low impact tourism opportunities and other limited but compatible non-agricultural land uses may be considered in certain circumstances, subject to these uses being incidental and complementary to the predominant agricultural use of the land. In cases where proposals are of a larger scale, the strategy states that scheme amendments to rezone rural land to tourism use will be required where the densities considered in the scheme are proposed to be exceeded.


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The applicant has an existing Chalet as well as 10 caravan/camping bays. The additional 7 caravan/camping bays are considered to be capable of meeting the Low Impact Tourism Development definition which is addressed in turn below:

Criteria Comment Development being located so as to avoid ridge lines, escarpments or visually exposed sites and situated where screening vegetation or landform can be utilised.

Proposal is located within an existing olive grove, the dispersed nature of the development and extent of olive trees retained on site means that the proposal has a minimal visual impact. The development area falls away from Bramley River Road, which combined with the substantive vegetation in the road reserve means external visual impacts are limited.

Use and development being sensitively located and designed to minimise impact on vegetation, watercourses, soil quality and existing land uses.

The revised design is limited to areas that have been previously cleared within the olive grove.

Development being of a scale and nature so as to be self-sustaining on the lot or demonstrating the ability to provide servicing without significant modifications to existing infrastructure.

The proposal caters for self-contained campers and does not require an increased level of infrastructure. Internal roadways are located in already cleared areas and there is an existing dump point that will be utilised by the proposed bays.

Development that by the nature of its scale, design, colours, materials, landscaping and use, has minimal impact on its site and surrounding areas.

Given that the intermittent use of the site by vehicles/temporary structures the development does not result in permanent or irreversible change to the landscape.

Where the land use and any development has a minimal off-site consequence.

The proposal will not result in any off site impacts.

The site is located within General Visual Management Area ‘C’ of the Shire’s Local Planning Strategy. Development within area ‘C’ may be visually dominant, however, should borrow from the naturally established form, line, colour and texture to be compatible with the existing landscape. The proposal is capable of meeting this requirement. State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP3.7) As per SPP3.7 Planning in Bushfire Prone Areas, the development would constitute a ‘vulnerable use’, which is defined as “a land use where persons may be less able to respond in a bushfire emergency”. Vulnerable land uses are required to be supported by a Bushfire Management Plan (BMP) and an Emergency Evacuation Plan, endorsed by the Shire and the Department of Fire and Emergency Services. DFES endorsed a BMP for the existing Caravan Park, however with the proposed expansion some changes to the existing approved plan have been requested by DFES and the Shire’s Emergency Services Staff. The requested changes relate to the siting and design of the development, water provision (provision for a dedicated tank for firefighting), access (provision of alternative access points onto Bramley River Road) and modifications to the Emergency Evacuation Plan (repositioning of Emergency Assembly Point to avoid traversing an area of bushfire risk). The applicant has subsequently modified to the BMP and Emergency Evacuation Plan in accordance with the advice provided by DFES and Shire Emergency Services Staff. CONSULTATION AND ADVICE Community Consultation The proposal was advertised to nearby and adjoining property owners and government agencies. At the completion of the advertising period, four (4) objections had been received. The concerns were primarily focused around the following:


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• Inadequacy of Bramley River Road to deal with traffic increases associated with expansion and associated amenity impacts (increased maintenance requirements, dust and noise impacts);

• View held that the area is unsuitable for caravan parks, expansion would no longer be low key as initially intended by policy provisions; and

• Land should be used for agricultural purposes as opposed to tourism purposes. A detailed description of the comments received is included in the Schedule of Submissions (Attachment 2). DISCUSSION / OFFICER COMMENTS The primary issue for Council’s consideration is whether the proposed variation to the extent of tourism development provided by the scheme should be permitted. The intention of the Scheme is to provide for smaller scale tourism operations in a value adding capacity to bona fide agricultural operations. The limit is in place to avoid the proliferation of tourist ventures in the agricultural area that would increase risk of land use conflict, lead to an increase in development over arable soils and pose a detrimental impact on agriculture more broadly. The applicants’ modified request for an additional 7 bays, is a 58% increase above what the scheme standard would otherwise allow. As detailed above, clause 5.5 of LPS1 allows Council to vary the standard. In this case, it is considered that an increase in 7 bays will have limited impact on adjoining properties and will continue to be incidental to the agricultural operations on site for the following reasons: • Additional bays are located within the existing caravan park area – further infrastructure is not

required to be put in place in order to cater for these bays; • The bays are located within already cleared part of the olive grove – the proposal will not require the

removal of any existing olive trees; • The bays do not encroach further towards Bramley River Road or other property boundaries; • The additional bays maintain the density and spacing of the existing use, which means vegetated

buffers separate the bays from one another minimising visual impact from the site and from Bramley River Road;

• The agricultural activity occurring on the site is substantial, and whilst the proposal represents a departure from the Scheme it will remain incidental to the agricultural use on site given the extent to which the land is used for intensive agriculture.

In order to ensure that the relationship between agricultural and tourism uses is maintained, a condition is recommended which provides a relationship between the extent of agricultural activity and the expansion. Should the extent of agricultural use decrease or cease then the approval for the expansion will cease to be effective. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 3: – Managing Growth Sustainably Community Outcome 3.1: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No.1 Service level strategy/plan: Provide planning services FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental


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Nil Social The proposal would provide additional tourism options within the Margaret River area. Economic The development provides for the opportunity to strengthen the economy of the Shire with additional economic activity. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council grant Planning Consent for the Caravan Park Extension at 232 (Lot 2275) Bramley River Road, Osmington subject to the following conditions: 1. The development is to be carried out in compliance with the plans and documentation listed below

and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 – P2 received at the Shire Offices on the 16 January 2018


3. The extension hereby approved is contingent on the ongoing level of agricultural use occurring on site which currently consists of the breeding of cattle, sheep, pigs, production of table olives, eggs, on farm smokery & deli/ butchery or an equivalent/comparative level of use. Should the agricultural use of the site decrease such that ceases to be the primary land use then this approval is of no further effect.

4. Extension of the caravan park is limited to an additional 7 caravan/camping bays, one of which is to be used only as an overnight bay.

5. Prior to works commencing a Stormwater Management Plan shall be provided, and thereafter

implemented to the specification and satisfaction of the Shire. 6. Prior to commencement of works a detailed engineering plan is to be submitted for approval

showing construction details including pavement levels, thickness, cross fall, gradients, drainage and parking bay dimensions and shall be designed, constructed, drained and thereafter maintained in accordance with Australian Standard AS 2890.1-1993 and the Shire’s standards and specifications, prior to occupation of the development.

7. The additional crossover shall be designed, constructed and drained in accordance with the Shire's

Standards and Specifications, prior to occupation of the development. 8. Prior to commencement of the use, implementation works set out in an approved Bushfire

Management Statement and associated Bushfire Emergency Procedure shall be undertaken to the satisfaction of the Shire.

ADVICE NOTES a) You are advised of the need to comply with the requirements of the following other legislation:



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(ii) Health Act 1911 and Department requirements in respect to the development and use of the premises; and


b) Works are prohibited within the road reserve including any pruning or clearing of vegetation without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

c) An amended management plan is to be submitted and approved by Environmental Health prior to operation. The amended management plan template is to contain details of infrastructure and amenities provided (or not provided), waste management, traffic management and justification for length of stay.

d) The development is subject to the provisions of the Caravan Parks and Camping Grounds Act

1995 and the Caravan Parks and Camping Grounds Regulation 1997 e) The development is subject to the provisions of the Nature Based Parks - licensing guidelines

for developers and local governments – published by the Department of Local Government and Communities (DLGC).

f) Applicant to apply for licence under the Caravan Park and Camping Ground Regulations 1997.

Application form is found at Schedule 1 of the Caravan Park and Camping Ground Regulations 1997 which can be accessed via the Shire’s website.

ATTACHMENTS 1. Development Plans 2. Schedule of Submissions RECOMMENDATION / COUNCIL DECISION CR LANE, CR MCLEOD OM2018/6 That Council grant Planning Consent for the Caravan Park Extension at 232 (Lot 2275) Bramley River Road, Osmington subject to the following conditions: 1. The development is to be carried out in compliance with the plans and documentation listed


Plans and Specifications P1 – P2 received at the Shire Offices on the 16 January 2018


3. The extension hereby approved is contingent on the ongoing level of agricultural use occurring on site which currently consists of the breeding of cattle, sheep, pigs, production of table olives, eggs, on farm smokery & deli/ butchery or an equivalent/comparative level of use. Should the agricultural use of the site decrease such that ceases to be the primary land use then this approval is of no further effect.

4. Extension of the caravan park is limited to an additional 7 caravan/camping bays, one of which is to be used only as an overnight bay.


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5. Prior to works commencing a Stormwater Management Plan shall be provided, and thereafter implemented to the specification and satisfaction of the Shire.

6. Prior to commencement of works a detailed engineering plan is to be submitted for approval

showing construction details including pavement levels, thickness, cross fall, gradients, drainage and parking bay dimensions and shall be designed, constructed, drained and thereafter maintained in accordance with Australian Standard AS 2890.1-1993 and the Shire’s standards and specifications, prior to occupation of the development.

7. The additional crossover shall be designed, constructed and drained in accordance with

the Shire's Standards and Specifications, prior to occupation of the development. 8. Prior to commencement of the use, implementation works set out in an approved Bushfire

Management Statement and associated Bushfire Emergency Procedure shall be undertaken to the satisfaction of the Shire.


legislation:


(ii) Health Act 1911 and Department requirements in respect to the development and use of the premises; and


b) Works are prohibited within the road reserve including any pruning or clearing of vegetation without prior written approval of the Shire. The Proponent shall submit and implement a Traffic Management Plan prepared by a licenced Traffic Manager in accordance with MRWA Traffic Management Code of Practice and Australian Standards AS1742.3-2002 for any works on or within the road reserve (including road).

c) An amended management plan is to be submitted and approved by Environmental Health prior to operation. The amended management plan template is to contain details of infrastructure and amenities provided (or not provided), waste management, traffic management and justification for length of stay.

d) The development is subject to the provisions of the Caravan Parks and Camping

Grounds Act 1995 and the Caravan Parks and Camping Grounds Regulation 1997 e) The development is subject to the provisions of the Nature Based Parks - licensing

guidelines for developers and local governments – published by the Department of Local Government and Communities (DLGC).

f) Applicant to apply for licence under the Caravan Park and Camping Ground Regulations

1997. Application form is found at Schedule 1 of the Caravan Park and Camping Ground Regulations 1997 which can be accessed via the Shire’s website.

CARRIED 7/0


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11.2.3 ESTABLISHMENT OF PLANNING ADVISORY COMMITTEE LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GOV/40 REPORT AUTHOR Dale Putland, Director Sustainable Development AUTHORISING OFFICER Annie Riordan, Acting Chief Executive Officer

IN BRIEF • There are currently five committees established by Council pursuant to section 5.8 Local

Government Act 1995 (LG Act) and s38 Emergency Management Act 2005. • In 2017, Council requested that the Shire prepare terms of reference and a report for establishment

of a Planning Committee. • The terms of reference has now been prepared and Council is requested to establish the Shire of

Augusta Margaret River Planning Advisory Committee (PAC) pursuant to section 5.8 Local Government Act 1995 (LG Act) and adopt the terms of reference.

• It is proposed that the role of the Committee will focus on providing strategic direction and advice to Council to ensure that the Shire’s land use planning policy framework remains current and adequately addresses contemporary issues.

RECOMMENDATION That Council: 1. Establishes the Shire of Augusta Margaret River Planning Advisory Committee pursuant to section

5.8 Local Government Act 1995 (LG Act); 2. Adopts the attached Instrument of Appointment and Delegation for the Planning Committee; 3. Resolves to appoint all Councillors as members of the Shire’s Planning Committee; and 4. Resolves that the Planning Committee is to meet on a bi-monthly basis, with additional meetings to

be scheduled on an “as required” basis. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire of Augusta Margaret River has five committees of Council. Four of these are established by the Council pursuant to section 5.8 Local Government Act 1995 (LG Act):

• Bush Fire Advisory Committee; • Sport and Recreation Advisory Committee; • Sustainability Advisory Committee; • Audit and Risk Management Committee;

Terms of reference for these committees are provided in the Committee’s Instrument of Appointment and Delegation. In 2017, Council requested that the Shire prepare terms of reference for establishment of a Planning Committee. An Instrument of Appointment and Delegation has been prepared for adoption by Council.


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CONSULTATION AND ADVICE External Consultation Nil Internal Consultation CEO Director Corporate and Community Services Director Infrastructure DISCUSSION / OFFICER COMMENTS The Shire’s planning staff are about to commence review of the Shire’s Local Planning Strategy and Local Planning Scheme No1. The review will be guided by the State’s Planning Framework, in particular the State Planning Strategy, South West Regional Planning Framework, relevant State Planning Policies and the (currently draft) Leeuwin Naturaliste Sub-Regional Strategy. Establishment of a planning committee will allow Council to dedicate additional time to briefings and discussions relating to the effectiveness of its strategic land use planning and policy framework and provide necessary advice to Council and planning staff to guide these reviews. The Shire requests that all Councillors participate as full members of the committee. In addition to updates on progress of the Strategy and Scheme reviews, the Committee meetings will provide an opportunity for Councillors to be briefed by planning staff on key issues, and will provide an opportunity for Council to receive briefings and submissions from community and industry groups and associations. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Council can establish committees comprising three or more persons to assist in the exercise of its powers and discharge the duties of Council in accordance with the requirements set out in the Local Government Act 1995. A committee is to have its members appointed by Council by absolute majority. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Keu Result Area 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.1: Attract and develop high quality Councillors that are able to lead and articulate the community’s aspirations Service level strategy/plan 5.1.1.6: Conduct election of Shire President and Deputy Shire President and appointment of Councillors to committees PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The main costs associated with running committees are staff time and wages involving mostly out of hours work. Other costs include catering in the form of food and beverage. Council members are also entitled to receive travel reimbursements and other costs in accordance with Council policy. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil


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Economic Nil VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council: 1. Establishes the Shire of Augusta Margaret River Planning Advisory Committee pursuant to section

5.8 Local Government Act 1995 (LG Act); 2. Adopts the attached Instrument of Appointment and Delegation for the Planning Committee; 3. Resolves to appoint all Councillors as members of the Shire’s Planning Committee; and 4. Resolves that the Planning Committee is to meet on a bi-monthly basis, with additional meetings to

be scheduled on an “as required” basis. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Instrument of Appointment and Delegation for the PAC


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ADDENDUM 11.2.3 ESTABLISHMENT OF PLANNING ADVISORY COMMITTEE This addendum provides a revised Attachment 1: Planning Committee Instrument of Appointment and Delegation. The Instrument of Appointment and Delegation has been revised to comply with the following requirements under the Local Government Act 1995, relating to term of membership and election of a Presiding Member.

• s5.12 LGA, members of a committee are to elect a presiding member and deputy presiding member from amongst themselves.

• S5.11(1)(d), a person’s membership of the committee continues until the next ordinary elections day.

RECOMMENDATION That Council: 1. Establishes the Shire of Augusta Margaret River Planning Advisory Committee pursuant to section

5.8 Local Government Act 1995 (LG Act); 2. Adopts the attached revised Instrument of Appointment and Delegation for the Planning Committee; 3. Resolves to appoint all Councillors as members of the Shire’s Planning Committee; and 4. Resolves that the Planning Committee is to meet on a bi-monthly basis, with additional meetings to

be scheduled on an “as required” basis.

ATTACHMENTS 1. Revised Instrument of Appointment and Delegation for the PAC RECOMMENDATION CR GODDEN, CR MCLEOD That Council: 1. Establishes the Shire of Augusta Margaret River Planning Advisory Committee pursuant to

section 5.8 Local Government Act 1995 (LG Act); 2. Adopts the attached revised Instrument of Appointment and Delegation for the Planning

Committee; 3. Resolves to appoint all Councillors as members of the Shire’s Planning Committee; and 4. Resolves that the Planning Committee is to meet on a quarterly basis, with additional

meetings to be scheduled on an “as required” basis. 0/0

Cr Godden moved the following amendment: AMENDMENT / COUNCIL DECISION CR GODDEN, CR MCLEOD OM2018/7 1. The following be added as point 5:

5. That in the second objective of the committee in the Instrument of Appointment the words ‘economic and social development’ are replaced with ‘environmental, social, cultural and economic sustainability’.

CARRIED 7/0 REASON Cr Godden stated that that the Instrument of Appointment and Delegation is great and that she is excited to be part of this robust process and looking at how the Scheme can be strengthened.


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This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR GODDEN, CR MCLEOD OM2018/8 That Council: 1. Establishes the Shire of Augusta Margaret River Planning Advisory Committee pursuant to

section 5.8 Local Government Act 1995 (LG Act); 2. Adopts the attached Instrument of Appointment and Delegation for the Planning Committee; 3. Resolves to appoint all Councillors as members of the Shire’s Planning Committee; 4. Resolves that the Planning Committee is to meet on a quarterly basis, with additional

meetings to be scheduled on an “as required” basis; and 5. That in the second objective of the committee in the Instrument of Appointment the words

‘economic and social development’ are replaced with ‘environmental, social, cultural and economic sustainability’.

CARRIED 7/0


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11.2.4 USE OF WALLCLIFFE CAVES BY PERMIT HOLDERS AND PUBLIC LOCATION/ADDRESS Reserve 41545 APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE RES/41545 LND/154 REPORT AUTHOR Lauren Bidesi, Senior Legal Officer & Emma Rogers, Permit Officer AUTHORISING OFFICER Dale Putland, Director Sustainable Development

IN BRIEF • The Wallcliffe Cliffs and Caves (the Caves), situated upstream of the Margaret Rivermouth and the

Margaret River are located on Reserve 41545 (the Reserve) which is under the care, control and management of the Shire.

• The Caves and River have cultural significance to local Indigenous people and Indigenous people with ancestral ties to the locality and are registered Aboriginal sites under the Aboriginal Heritage Act 1972 (AHA).

• There are a small number of businesses which operate in or near the Caves under permits granted by the Shire under its Local Government Property Local Law 2013 (Local Law Permit). In particular Bushtucker Tours (BTT) was granted a permit to operate canoe eco-tours from 1 December 2015 to 30 November 2018.

• In October 2016 the Shire received a number of complaints about entry into the Caves and damage to vegetation on the river bank near the Caves; however, there was no evidence linking any individual or group to the damage.

• Local Indigenous representatives and the Department of Planning, Lands and Heritage (previously the Department of Aboriginal Affairs) have requested that the Shire limit access into the Caves and along the river bank to prevent further degradation to the area.

• It is recommended that access to the Caves be limited by modifying the permit conditions of relevant permit holders and by making a determination prohibiting access under the Shire’s local laws.

RECOMMENDATION That Council: 1. Gives local public notice under clause 2.2 of the Local Government Property Local Law 2013 of its

intention to make a determination prohibiting: a. entry into the Caves; and b. the mooring of boats on the river bank other than in designated areas.

2. Consults with local Indigenous groups regarding: a. the erection of signs at the entrance to the Caves a safe distance from the burial sites and at

the Rivermouth advising the public of the above determination; b. the removal of climbing infrastructure and other means of restricting access to the site. c. a viewing platform for photography on the western end of the Reserve on top of the cliff;

3. Varies the conditions of any Local Law Permit holders who use the caves to: a. prohibit entry into the Caves; and b. designate sites on the river bank where canoes are permitted to be moored such as the Rowing

Club east of Wallcliffe House.


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LOCATION PLAN

BACKGROUND Wallcliffe Caves and Cliffs Reserve 41545, extends over a distance of approximately 5km from the Rivermouth in the north to Gas Bay in the south. The reserve is Crown land managed by the Shire pursuant to a Management Order for the purpose of “Recreation”. Reserve 41545 is an A-Class Reserve and contains a power within the management order to licence. The northern boundary of the reserve lies along the water’s edge of the river, abutting Reserve 8428, which is managed by Department of Parks and Wildlife (DPaW) and categorised National Park. Therefore the waterway of the Rivermouth falls within a DPaW managed reserve, but the land immediately south of the water’s edge providing access to the Rivermouth, toilet facilities and car park is managed by the Shire. The Caves and Cliffs are situated approximately 300 metres from the mouth of the Margaret River and adjoins Wallcliffe House on its western boundary. The site is bounded to the south by Wallcliffe Road, to the north by the Margaret River and to the west by the Margaret River- Rivermouth and Indian Ocean. The Cave is more than 100 metres in length and contains a chamber more than 20 metres across and 10 metres high. The cave is an integral part of the Wallcliffe karst system that encompasses the surface and groundwater catchment area of the limestone deposit in the Wallcliffe area.


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Inside the Cave there is a diversity of geological, biological and landscape attributes that enhance its significance, interest and value as a natural feature worthy of protection. Access is to the Cliffs and Caves is available by walk track from Wallcliffe Road, along a disused vehicle track or alternatively from the Margaret River via watercraft. According to Shire records, usage of the caves in 2002 was approximately 3700 visitations per year. This equates to an average of 10.14 persons per day (Wallcliffe Cave Management Plan 2002). Cultural significance of Caves The Margaret River and Cliffs and Caves at Wallcliffe are registered sites under the Aboriginal Heritage Act 1973. Nyungar people continue to maintain strong links with the area, particularly the river and cliffs and caves surrounding Wallcliffe House in relation to their mythology and burial sites in the area. The cultural values of the site are discussed further in relation to the Surveys and Management Plans below and under the heading of external consultation. There is significant discussion of the Aboriginal cultural values of the site in the Brad Goode Aboriginal Heritage Survey 2017, discussed below; however, these details haven’t been repeated in this report due to the confidentiality and cultural restrictions. Ecological/Environmental significance of Caves The Cave contains a number of narrow passages and low roofed sections where visitors must traverse in single file. The cave also contains fragile moonmilk deposits and stalactites that may be damaged. In these conditions it is difficult for a tour leader to effectively supervise a large group of people at all times. Extensive damage and destruction of speleothems (secondary mineral deposit) in the Cave has occurred caused by visitors touching, marking, inadvertently or deliberately breaking, trampling and muddying surfaces. The speleothems have considerable aesthetic appeal and are an important component of the natural resource and landscape values within the Cave. The limestone walls, ceiling and floor of the Cave are geological features of conservation significance. The limestone is soft and friable, and vulnerable to degradation by touching and trampling. Further, eroded soil is being transported into the Cave on visitors feet, where it may contribute to further soiling and degradation of formations. Over many years of visitation soil has been extensively tracked across clean formations, thus marring their appearance. The vegetation surrounding the Cave has been degraded through foot and canoe traffic, pruning for access, erosion and weed invasion. The Shire has recently appointed a consultant to develop a Foreshore Management Plan for the Margaret River between Bussell Highway and the Rivermouth. That plan will comprehensively assess foreshore condition and make recommendations for future management including rehabilitation where considered appropriate. It is likely that this plan will make recommendations relating to future environmental management of the foreshore and immediate surrounds of the cliffs and cave area. That plan is expected to be completed by June 2018. Safety and Stability The Wallcliffe Management Plan, notes that soil composition in the Wallcliffe area is generally stable, with the shallowness of the limestone soils having a high hazard rating in terms of erodibility. However, due to the variability of composition of the limestone it was difficult to accurately determine the stability of the system and degree to which uses will impact on the composition of the material. There is evidence to suggest the forms of limestone common among the Leeuwin Ridge are friable, subject to erodibility and collapse if trafficked on a regular basis. The Plan suggests further monitoring and research may be required to accurately determine the natural geomorphic and geological processes at work in this area. Surveys and Management Plans 1993 – The Wallcliffe Management Plan (1)


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Council considered preparing a management plan for the Wallcliffe area in 1993, by assessing the level of impact recreational use would have on the natural systems and to protect the features of the Wallcliffe Cliffs environment. This assessment was evidenced in The Wallcliffe Management Plan (the Plan). The Plan made some observations about the area and this included that access to the cliff base should be limited and access to high erosion areas such as the top of cliff faces should be prevented. The rationale being to avoid degradation from over use, protect vegetation from erosion and protect Indigenous sites. The top of the cliffs also provide a potential hazard as there is loose footing within the outcrop of the limestone. The Plan suggested that limited eco-tourism and caving activity should be encouraged at Wallcliffe with the emphasis being upon Aboriginal and nature based appreciation. This would enable the value of the site to be protected, prevent further damage to the Caves, recognise the significance of the Site within the tourism niche, and also protecting environmental aspects of the area. Local Indigenous organisation Gnuraren was consulted throughout The Plan process and revealed their preference for placing Wallcliffe off limits for the use of any activity that may have detrimental effect on the site. The Shire considered that data of the geological make up would confirm the cliff safety. The recommendation in The Plan to use walkways and decking to protect the environment was seen by the Shire as an invitation for greater public access, exposing more people to safety issues. Therefore The Plan was not adopted by Council as it saw incompatible uses of the Reserve. 2002 - Wallcliffe Cave Management Plan (2) Caveworks prepared the Wallcliffe Cave Management Plan (2002-2012) on behalf of the Shire. This plan was restricted to the Wallcliffe Cave and focused on environmental impacts associated with continued high visitation to the Cave. There were reports that significant damage was already evident within the Cave. Numerous submissions were received when the draft management plan was advertised for public comment. The submissions suggested Council should relinquish the management of the cave to Conservation and Land Management as they had a proven record of being able to effectively manage access to cave systems and expertise to ensure the cave environs are maintained in an environmentally acceptable manner, something the Shire had no resources to accomplish. The strategies to manage the caves outlined in this plan included: installation of a secure environmentally appropriate gate; installation of a sign at the cave entrance (explaining the reason for the gate, conditions of access and the managing authority); restricting cave entry to authorised groups or individuals; administration of cave entry through a permit system or licence arrangement; ensuring the conservation of historical resources in the cave; defining a route through the cave that all visitors must adhere to; setting a maximum number of visitors; monitoring visitor numbers and impacts; protecting and conserving the caves cultural heritage, geological features, landscape values, flora and fauna and cultural resources. When Council considered the final report in 2002 they decided to approach CALM and DOLA (now Landgate) to see if they were prepared to take over management of the Reserve to ensure the Cave was managed effectively. Correspondence since this date indicates Council resolved in 2004 to transfer a portion of the reserve to CALM for inclusion in the Leeuwin Naturaliste National Park however, nothing has been formalised and the Reserve remains in Shire control. 2017 – Brad Goode Aboriginal Heritage Survey The Shire engaged Brad Goode and Associates to conduct a Site Identification Ethnographic and Archaeological Aboriginal Heritage Survey in December 2017 (Survey) for several project areas within the Shire which included the Wallcliffe Recreation Area (Site) as identified on the Location Plan (this Site includes the Caves). The Survey states the following about the Site:


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• It is a mythological site originally reported to have once contained a Waugal (Rainbow Serpent). The Site was further reported to be associated with a specific mythological creation narrative where a dreamtime ancestor known as Wooditch was believed to have been responsible for making the Wooditchup (Margaret River) with his magic wand.

• The Site contains artefacts and rock shelters that are burial locations. The mythological component of this Site relates to how two mythological beings are buried side by side at Wallcliffe where a pile of stones marks their graves.

• All commercial users, community groups and the public who propose or currently conduct activities at the Site must comply with the AHA.

The findings and recommendations of the Survey are discussed under the external consultation part of this report. Wallcliffe Reserve Local Law and Repeal (the Repeal) Council unanimously resolved on 13 November 1997 to adopt the “Shire of Augusta Margaret River- Local Law Relating to Wallcliffe Reserve”. The effect of the local law was to ban entry to the cliff and cave area seeking to exclude climbers, cavers, eco-tourism groups and the general public from the cliffs and caves. This ban was a blanket prohibition of entry into an area of 10 metres surrounding the cliff face. Concerns over the total ban were raised from:

• WA Tourism Commission • Climbers Association of WA Inc • Bushtucker Tours

Subsequently there was a review by the Joint Standing Committee (The Committee) in June 1998 of the Local Law made under the Local Government Act 1995. The Committee believed the Shire should reconsider the Local Law and that a balance should be sought between competing interests for use of the Reserve. The Shire acknowledged that it lacked the resources to adequately enforce the Local Law. In summary The Committee disallowed the local law for a total ban on cave/cliff entry and stated that degradation of the Reserve and cliffs seems best addressed by a comprehensive and inclusive management plan of the area. Permit Holders In recognition of competing interests and corresponding capacity of certain Reserves, Council in 2009 resolved to limit the number of permits for eco tours and water-craft hire from the Rivermouth on Reserve 41545, and to award these permits following an expression of interest. Following this decision, Council called for expressions of interest in 2010, 2012 and 2015 and in each of the instances, permits were awarded to the following businesses with varying conditions:

• Bushtucker Tours • Josh Palmateer Academy • Outdoor Discoveries

This current list of permits issued by the Shire (and their relevant conditions) to businesses operating from the Rivermouth and along the Margaret River is included as an attachment. All permits are valid from 17 December 2015 to 30 November 2018 and permit eco-tours and hire of 10-15 canoes. The Shire has previously consulted with DPaW on the management of commercial activities at the Rivermouth and further upstream of the river to ensure that the level of commercial activity is compatible with the values of the Reserve and sites and to seek consistency between DBCA and the Shire in regards to licenses and permits. There are three permit holders which operate for approximately 20 weeks per year dependant on the weather conditions. Bushtucker Tours are the only tour group using the caves as part of their tour and would have approximately 2800 people accessing the caves during peak operation periods each year.


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Relevant conditions of the permits that the various operators conduct business under include:

• The permit holder is responsible for ensuring that the operations including the tour participants do not damage or remove native vegetation or cause disturbance to the banks of the river. ·

• The permit holder shall advise participants hiring canoes or other water-craft not to damage or remove vegetation or cause disturbance to the banks of the river.

• The Shire reserved the right to amend current permit holders permits to limit access to the Wallcliffe caves, a registered site under the Aboriginal Heritage Act 1973, should a decision be made by Council during the duration of this permit.

No permits or licences for abseiling or rock climbing at the Wallcliffe Cave complex have been issued by the Shire. The Shire’s Local Law Permit prohibits any “parachuting, hang gliding, abseiling or base jumping from or on to any local government property” without a permit. The Local Government Property Local Law 2011 also contains a provision that the local government may make a determination that no person is to climb on a cliff face, on local government property without prior written approval or deface a cliff face. Description of Operations of Current Permit Holders Bushtucker Tours (BTT), BTT began in 1988 as an environmental walk tour and began canoe tours at the Rivermouth in 1992. Presently, the canoe tour departs from the Rivermouth, for a 3-4 hour paddle on the Margaret River. The tour stops at two locations, mooring canoes at a clearing just south of the Rowing Club, and at a landing in front of the Caves. A bushtucker picnic is provided for participants. The tour visits the caves, and participants have the option of doing a ‘cave crawl’ inside a cavity of the caves.

Tour group entering the caves Bushtucker Tours have displayed reasonable environmental practices although there are a high number of canoes using the river. Their access to the river foreshore area creates potential for higher environmental impact. In consultation with the business they have provided some evidence of engagement with Indigenous people and acknowledgement of their cultural values. The permit has strict conditions in terms of the number of canoes on the river (limited to 15 at any time) and operates 1 tour per day, weather permitting predominantly in Summer. Any restriction on access to the Caves and anchoring points is likely to have a greater effect on Bushtucker Tours than it will on other tour operators. Josh Palmateer Surf Academy (JP) In 2007 JP acquired the watercraft hire business operating from the Rivermouth. The business now provides a range of canoes, SUPs and kayaks to hire out to individuals, adventure groups and school


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groups for use along the river. The business also provides lifeguards to accompany the school groups in their tours along the river. The group do not access caves with tour groups and advise all hirers to remain in watercraft at all times. Outdoor Discoveries Outdoor Discoveries provides outdoor education and recreational canoeing programs from the Rivermouth at non-peak times to school groups and other community groups. The business has been operating from the Rivermouth, on and off since 1999. The business takes between 10 to 12 groups per year in non-peak periods and travel along the Margaret River. The route taken varies depending on the groups age, experience, fitness and weather conditions. The majority of the time, groups only paddle as far as Wallcliffe House. The groups on this tour do not access the caves. Complaints and Environmental Damage The Department of Aboriginal Affairs received complaints in 2013 from a member of the Indigenous community about a number of issues related to watercraft being stored along the Margaret River banks and Cliffs at Wallcliffe. The Department of Aboriginal Affairs carried out an investigation and raised concerns with the Shire in relation to: the storage of water craft and anchor points in the river; damage to cliffs from climbing and abseiling anchor bolts; and graffiti in and on caves.

Graffiti on the cave walls A cultural monitoring survey of the Wallcliffe Cultural Complex (including the cliffs) was undertaken by a group of people who included the Wadandi Elders and Archaeologists (Wallcliffe Cultural Complex Incident Report- October 2016). The site visit conducted during the survey, identified a number of incidents of major concern to the traditional owners relating to impacts of the cultural and environmental values of the area. These included: damage to cliffs from climbing; graffiti and vandalising in caves; defecation in caves; playing of loud music in caves; and intentional damage to vegetation.


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Ashes from a campfire within the caves Reports were received by the Shire in November 2016 that tree pruning had taken place near the Wallcliffe Cave entry on the river bank. Shire Officers investigated the site and found evidence of recent pruning. Two very large branches of the same tree had been recently pruned with the cut branches pushed into the vegetation to the side or into the river. It appeared that the pruning was to make it easier for canoes to be tied up on the river bank as two large horizontal branches that would have made it difficult to access the river bank had been removed. The pruning provides riverbank access much closer to the Cave than was previously accessible. A Shire investigation was conducted into the illegal pruning and there was no witness to the pruning or any other evidence linking the damage to any person or permit holder. All three permit holders stated that they did not know who was responsible for the pruning.

Tour group mooring canoes at the damaged tree site


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CONSULTATION AND ADVICE External Consultation The Shire has recently consulted with the following groups and outline a brief summary of outcomes below:

• Bushtucker Tours (current eco-tour permit and water-craft hire permit) • Josh Palmateer Academy (current water-craft hire permit and eco-tour permit) • Outdoor Discoveries (current eco-tour permit) • Margaret River Rowing Club • Department of Planning, Lands and Heritage (Department) (previously Department of

Aboriginal Affairs) • Wayne Webb & South West Aboriginal Land and Sea Council (SWALSC) • Brad Goode & Associates- Site Identification Ethnographic and Archaeological Aboriginal

Heritage Survey (the Survey)

Bushtucker Tours Shire officers met with the business owner on 9 January 2017. The Shire was advised that the Caves and current anchoring points were not essential to their tours and that they were not opposed to restricting Cave access and designated mooring points. Josh Palmateer Academy The Shire received correspondence from JP in January 2017 and advised they instruct customers to stay in their watercraft at all times and not access the Caves. They feel the current condition of the Caves is not acceptable and would like to see the area preserved and protected. They suggest putting in signs with information about the Aboriginal significance of the area and history of the site. Closure of the Caves would not affect their business. Outdoor Discoveries The Shire received correspondence from the business in January 2017 who advised the groups on this tour do not access the Caves. They suggest following the DBCA approach to majority of caves in the South West and lock the Caves to prevent public access. They suggest this will assist with the Cave preservation. If Cave access was restricted in the future, their business would not be affected. Margaret River Rowing Club The Shire received correspondence from the Rowling Club in January 2017 and they advised that only financial members have access to the club building and they are all directed to enter and exit the river at the club’s storage shed. Members are also advised to not exit boats at any other point along the river. No other river users currently moor their boats at the club’s premises. The general public have access to use the river at their club site. To the club’s knowledge, members do not access the caves. If cave access were restricted the club does not foresee any obvious effect on the club or members. Traditional Indigenous Owners In November 2016 the Shire were contacted by Wayne and Toni Webb (Local Indigenous Elders and members of the South West Boojarah Native Title Claim Group) regarding the Wallcliffe Cliffs and Caves and specifically the issue around extensive tree pruning. Wayne Webb advised that the Caves had cultural significance to Indigenous people and were used as a burial site. He was concerned about damage and disrespect shown to the Caves, including the recent pruning. During this consultation, Mr Webb said he had no problem with canoes paddling the river but would like to see a ban on entry to the Caves by the public and tour groups. He does not want canoes moored on the river bank that provides access to the Caves and would like this area rehabilitated. He would like to see signage from the Shire and Department prohibiting access to the Caves. Mr Webb supports the mooring of canoes at locations which are already established or environmentally degraded such as the Margaret River Rowing Club. The following 10 representatives of the South West Boojarah (SWB) claimant group provided comments during for the Brad Goode and Associates Ethnographic Survey: Ms Ellen Hill, Mr Wayne Webb, Mrs


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Gwenda Chapman (nee Webb), Mrs Wendy Williams (nee Colbung), Mr Mark Colbung, Mr Franklin Nannup, Mrs Jenny Wallam (nee Harris), Mr Keith Harris, Mr David Pell, and Mr John Pell. The representatives of the South West Boojarah provided the following comments in the Survey:

• The Shire should either rescind the licences or limit the licences of tour operators so that they use the river only and only land at the Rowing Club where they can access ablutions and have lunch on the river embankments;

• Tour operators should be advised they cannot use Nyungar cultural stories as part of their tour information without seeking consent from the SWB working party as this cultural information is intellectual property of the Nyungar community and not for commercial use without consent;

• Shire should limit access to the cliffs from climbing groups and inform the groups that driving steel spikes into the cliffs may be a breach of the AHA;

• Public access and use of the area should be further discussed with the SWB working party. The aim is to limit or control public access to the Cliffs and Caves and possibly provide the public with a viewing platform and provision of a canoe landing near the Rowing Club east of Wallcliffe House with the provision of some cultural interpretation at an agreed location a safe distance from the burial site. As part of this plan, the provision by the Shire of a Nyungar Ranger to monitor use of the area and enforce compliance was recommended.

Brad Goode & Associates The Shire’s recent engagement of Brad Goode and Associates to conduct the Survey specifically considered commercial and recreational use of the Site and provided recommendations for the Shire to consider. As a result of this Survey, the following recommendations in relation to the Cliffs and Caves at Wallcliffe were made:

• Permits to commercial tour operators be rescinded or amended to not allow access to an area where substantial Aboriginal cultural values exist;

• Commercial tour operators are to be advised that they cannot use Nyungar cultural stories as part of their tour information without consent from the South West Boojarah (SWB) working party;

• Cliff access to climbing groups be limited and advise provided to such groups that driving steel spikes into the cliffs may be a breach of the AHA;

• The management of public access to the area be discussed with the SWB working party for further advice and the Shire incorporate heritage protection measures into the Margaret River Foreshore Management Plan;

• The Shire is to consider the request from SWB Native Title Claim group that they employ a Nyungar Ranger to monitor use of the area to enforce compliance with the AHA.

Internal Consultation Officers from Infrastructure Services, Legal Services, Sustainable Development and Corporate and Community Services Directorates were involved in the consultation and report preparation. DISCUSSION / OFFICER COMMENTS Visitor impacts encompass a diversity of processes that contribute to the deterioration of Cave and surrounding area values. Impact such as breakage may be obvious but other impacts are subtle and difficult to measure. Some impacts may be easily repaired such as soil erosion outside the Caves, however impacted areas inside the Cave have a more limited capacity for recovery if at all. In-Cave impacts tend to be gradual but incremental over the longer term. The Caves history of visitation has already resulted in considerable irreparable damage and cumulative degradation. Based on the evidence of environmental damage, the significance of Aboriginal heritage that exists in the area and the recommendations taken from the recent reports, the Shire recommends to limit access to the Caves and designating set points along the river for mooring of boats to the satisfaction of the local Indigenous groups. This recommendation will not impact the current permit holders, except for BTT who are not opposed to such restriction.


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Pursuant to the conditions of current permit holders, including the condition specifically allowing the Shire to limit Cave access, the Shire would be acting appropriately by amending current permits to impose such limitation on Cave access. STATUTORY ENVIRONMENT/LEGAL IMPLICATIONS Permits for commercial activities operating at the Rivermouth are granted under the Local Law Permit. Under the Local Government Property Local Law 2011 the following are relevant sections for consideration:

• Section 2.1 the local government may make a determination in accordance with clause 2.2 as to any matter ancillary or necessary to give effect to a determination.

• Section 2.2 sets out the procedure for making a determination which includes giving local public notice (stating the purpose and effect of the determination) of its intention to make a determination.

• Section 2.8(1)(h) a person may be prohibited from traversing sand dunes or land which has environmental value warranting protection either absolutely or by provided paths for that purpose.

• Section 3.6 permit holders need to comply with their permit conditions which may be varied by local government.

• Section 3.16(c) a permit holder shall report any damage or defacement of local government property to the local government.

• Section 4.4 a person must not remove, damage or interfere with any flora, cut any tree or clear any vegetation on local government property unless authorised to do so.

• Section 4.8 local government may erect a sign specifying any conditions of use which apply to that local government property.

The Aboriginal Heritage Act 1972 (AHA) applies to any sacred, ritual or ceremonial site, which is of importance and special significance to persons of Aboriginal descent. It also includes any place which is or was associated with the Aboriginal people and which is of historical, anthropological, archaeological or ethnographical interest and should be preserved because of its importance and significance to the cultural heritage of the State. Pursuant to the AHA the caves and cliffs are registered Aboriginal sites. The Local Government Act 1995 (LGA) section 3.54 states the local government can do anything for the purpose of controlling and managing local government land it considers necessary, which includes fencing or enclosing, improving or ornamenting the land. STRATEGIC PLAN/POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017- 2021 Key Result Area 1: Valuing, protecting and enhancing the natural environment Community Outcome 1: Ecology and biodiversity protection Strategy 3: Consult with Aboriginal people on Indigenous knowledge of land and water management Key Result Area 1: Valuing, protecting and enhancing the natural environment Community Outcome 4: Continued unique and iconic coastal landscapes Strategy 2: Manage responsibly coastal areas under the Shire’s control Key Result Area 2: Welcoming, inclusive and healthy communities Community Outcome 1: Diverse cultural values are respected and adopted. Strategy 3: Engage with the Wadandi and other communities to ensure that the culture and heritage values of Traditional Owners are well managed. Key Result Area 4: Vibrant and diverse economy Community Outcome 2: Sustainable tourism and other local industries Strategy 2: Work with the tourism sector to further promote and develop ecologically sustainable, cultural and agricultural tourism, including respectful tourism based on environmental and cultural values.


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PLANNING FRAMEWORK Local Planning Scheme No. 1 (LPS1) These commercial uses would generally require planning approval under LPS1. As an itinerant use that otherwise requires a local law permit there is no purpose in duplication of approval requirements. State Planning Policy 6.1 Leeuwin-Naturaliste Ridge (SPP6.1) This policy promotes sustainable development, conservation, and land and resource management. An objective is to respect and conserve the outstanding natural and cultural heritage and environmental values of the area. The Shire’s recommendations are consistent with this policy to protect and maintain vegetation and conserve places of Aboriginal heritage. FINANCIAL IMPLICATIONS If cave access in this area were limited, the implications to the eco-tour operators appears minimal as the current permit holders have advised that there will be minimal to no impact to their current business activities. SUSTAINABILITY IMPLICATIONS Environmental The aim is to ensure that commercial use does not unduly impact the primary users of the land and the environment while at all times respecting the provisions under the Aboriginal Heritage Act 1972 and Local Laws. Restricting of access to the Caves and providing designated mooring points along the Rivermouth aims to minimise the need for revegetation and minimise the impact on the environment. The current level of impact on the Cave will need to be curtailed and extensive rehabilitation undertaken to provide a safe environment and one that will have minimal impacts on the caves ecosystem. Social Having access to Caves for the general public is a large part of the tourism industry in the South West and provides high interest to those that participate in eco-tours. However, preserving land of Aboriginal significance for the benefit of the local Indigenous people and future generations is a very important influence on what restrictions the Shire places in the area. Economic The aim is to allow permit operators to continue their business operations throughout the region without undue restrictions whilst at the same time preserving the natural heritage of the area with respect to the local Indigenous culture. Restricting Caves access and providing designated mooring points along the Rivermouth will allow the tour operators to continue to use the area. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Gives local public notice under clause 2.2 of the Local Government Property Local Law 2013 of its

intention to make a determination prohibiting: a. entry into the Caves; and b. the mooring of boats on the river bank other than in designated areas.

2. Consults with local Indigenous groups regarding: a. the erection of signs at the entrance to the Caves a safe distance from the burial sites and

at the Rivermouth advising the public of the above determination; b. the removal of climbing infrastructure and other means of restricting access to the site. c. a viewing platform for photography on the western end of the Reserve on top of the cliff;

3. Varies the conditions of any Local Law Permit holders who use the caves to: a. prohibit entry into the Caves; and b. designate sites on the river bank where canoes are permitted to be moored such as the

Rowing Club east of Wallcliffe House.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Permits - Bushtucker Tours Josh Palmateer Academy Outdoor Discoveries 2. Example sign RECOMMENDATION CR, CR That Council: 1. Gives local public notice under clause 2.2 of the Local Government Property Local Law 2013

of its intention to make a determination prohibiting: a. entry into the Caves; and b. the mooring of boats on the river bank other than in designated areas.

2. Consults with local Indigenous groups regarding: a. the erection of signs at the entrance to the Caves a safe distance from the burial

sites and at the Rivermouth advising the public of the above determination; b. the removal of climbing infrastructure and other means of restricting access to the

site. c. a viewing platform for photography on the western end of the Reserve on top of the

cliff; 3. Varies the conditions of any Local Law Permit holders who use the caves to:

a. prohibit entry into the Caves; and b. designate sites on the river bank where canoes are permitted to be moored such as

the Rowing Club east of Wallcliffe House. 0/0

Cr Meldrum moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR MELDRUM, CR MCLEOD OM2018/9 That the item be deferred to seek clarification.

CARRIED 6/1 CR LANE VOTED AGAINST

REASON The deferral allows for verification of statements made by Ms Helen Lee in her deputation at Item 7.6.


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11.3. Infrastructure Services


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11.3.1 MANAGEMENT OF VEGETATION ON SHIRE LANDS - REVISION OF POLICY 16 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENG/75 REPORT AUTHOR John McKinney, Coordinator Environment and Landcare Services AUTHORISING OFFICER Markus Botte, Director Infrastructure Services

IN BRIEF • Council adopted Infrastructure Policy 16 Management of Vegetation on Shire lands on 26

November 2014. • A key element of the policy is to permit pruning for views in certain circumstances. • An application has been received to prune for views an area of vegetation approximately 1,700 m2

in size adjacent to Cygnet Crescent in Augusta. • A number of minor issues exist with the adopted policy. • Policies that permit pruning for views are uncommon, and the policy can be seen to legitimise illegal

pruning. • In light of the strong values to protect and enhance the environment in the Shire’s Community

Strategic Plan 2036, it is considered appropriate that the application and an alternative policy is formally considered by Council.

RECOMMENDATION That Council: 1. Adopts the revised Infrastructure Policy 16 as presented in Attachment 3 to the agenda for the

purpose of public consultation for a 28 day period; and 2. Refuses the application relating to Cygnet Crescent as it relates to and would reaffirm a previous

act of unauthorised vegetation clearing, an illegal activity that could have resulted in prosecution of the offenders.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In July 2013 Council considered an instance of illegal vegetation clearing adjacent to Cygnet Crescent in Augusta. The offenders had admitted to the clearing and officers recommended that the offenders were prosecuted and large signs be installed advising vegetation had been removed illegally. Council did not adopt the officer recommendation and resolved: CR SMART, CR EARL OM1307/9 That Council requests the CEO to have a report prepared that outlines the issues associated with the management of trees within council reserves as they relate to views, privacy and fire safety and that recommendations be given as to ways to provide a satisfactory resolution to the matter. CARRIED 4/0


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A draft policy was prepared for advertising in June 2014 and following the advertising period, on 26 November 2014, Council resolved CR EARL, CR SMART OM2014/258 That Council adopts the Management of Vegetation on Shire Lands Policy as presented in the attachments to the agenda.

CARRIED 7/0 A copy of the current policy is attached (Attachment 1). A key element of the policy is to permit pruning for views in certain circumstances. Clause 3 of the policy states: Consent for removal or trimming of vegetation from reserves will be considered where: a) Vegetation is causing damage to private property; b) Vegetation is an identified weed species; or c) Vegetation is causing an unacceptable risk to public safety; d) Where views previously existed and evidence can be provided of such views Five applications for pruning for views have been received and approved under delegation since adoption in 2014. An application has been received to prune an area of vegetation approximately 150 metres long by between 5 and 14 metres wide adjacent to Cygnet Crescent in August down to 1.5m in height. The area is estimated to be approximately 1,700 m2. A number of minor issues exist with the adopted policy. Furthermore, Local Government policies that permit pruning for views are uncommon. In light of the strong values to protect and enhance the environment in the Shire’s Community Strategic Plan 2036, it is considered appropriate that the application and an alternative policy is formally considered by Council as the current policy can be seen to legitimise illegal clearing. CONSULTATION AND ADVICE External Consultation It is proposed to adopt the draft policy for public consultation for a period of 28 days. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Current application It should be noted that there have been multiple instances of pruning/clearing on Cygnet Crescent between the policy adoption and the current application. No applications were received for the works and it is presumed that they were undertaken by adjacent residents, however insufficient evidence exists upon which a prosecution could be pursued. An application was received on 11 August 2017 with additional information submitted on 06 October 2017 to prune an area of vegetation approximately 150 metres long by between 5 and 14 metres wide adjacent to Cygnet Crescent in Augusta down to 1.5m in height. The area is estimated to be approximately 1,700 m2 and currently varies in height from 2 to 5 metres in height. The proposed site plan is shown in Attachment 2 (site plan). The vegetation proposed to be removed consists primarily of Marri and Peppermint woodland that is heavily wind pruned. It is in very good to excellent condition apart from minor invasion of weeds on the edge. It shows significant evidence of previous pruning with heavy coppicing of regrowth. It should be noted that the views created by the historical and proposed pruning/clearing on Cygnet Crescent benefit not only the residents but also the general public including tourists who at times will stop on the road verge which provides views over the Hardy Inlet and the Southern Ocean.


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The application relating to Cygnet Crescent seeks to legitimise historical and ongoing illegal pruning. While the application is consistent with the intent of Council when the policy was adopted in 2014, the adopted policy does not differentiate between view impinging vegetation that has grown subsequent to previous illegal pruning, natural disasters such as fire, intentional planting or natural regeneration. Officers have assessed the application against the current policy and determined that it meets the current policy provisions. However as noted below, it is considered appropriate to review the existing policy prior to determining the application as the application would essentially endorse an act of illegal activity that has previously been undertaken. Proposed revisions to policy There are a number of matters that have arisen since adoption of the policy that require consideration and potential revision to the policy.

• The policy allows applicants to seek permission from the Shire to clear vegetation that would ordinarily require a clearing permit under the Environmental Protection (Clearing of Native Vegetation) Regulations 2004. As the works are required on Shire managed lands, it is not considered appropriate to grant consent to works that potentially require a Clearing Permit unless a permit application is submitted as part of the application.

• The Shire’s Community Strategic Plan 2036 provides clear direction from the community regarding improved management and protection of the environment and it is considered that the current policy provision that allows pruning for views is inconsistent with this newly adopted plan.

• The adopted policy does not differentiate between view impinging vegetation that has grown subsequent to previous illegal pruning, natural disasters such as fire, intentional planting or natural regeneration. This has the consequence of supporting illegal pruning/clearing.

• The adopted could potentially be applied in a broad range of landscapes including along coastal areas, along rivers including the Margaret River and the Blackwood River and could set a precedent for endorsing activities that are prohibited under other legislation.

• An fee of $66.00 applies for applications under the policy as per the adopted Schedule of Fees and Charges 2017-18. For relatively simple matters such as clearing for fence line management, this fee is considered appropriate. However, complex matters such as applications to regain previous views require substantial officer time, including multiple site inspections and customer liaison, which is not recovered from the current fee.

• Reduction of fire fuel load on Shire land to permit development on private land is not supported. • Management of matters relating to traffic management, insurance and supervision of the works

have at times been problematic and a minor revision to the process is suggested. • A number of small grammatical and typographical changes are proposed to improve clarity and

to reflect changes in names and structure of various State Government departments.

In order to address these issues, a revised policy is presented in Attachment 3. Key changes are:

• Inclusion of ability to seek consent for clearing for fence line erection and maintenance; • Removal of elements relating to fire management as all fuel load modification to permit

development should occur within the private lot; • Clarification on process of undertaking works if approved; and • Removal of clauses relating to pruning for views.

There are valid exemptions under the State Environmental Protection (Clearing of Native Vegetation) Regulations 2004 relating to clearing required to erect or maintain a fenceline. The previous policy did not specifically refer to consent being considered in such circumstances. The amended policy clarifies that such applications will be considered. It is necessary for formal approval via a Local Law permit for such clearing to ensure that the clearing is undertaken in accordance with local laws and OSH requirements and to provide a formal record. The current policy permitted the Permit Holder to undertake the work themselves, or to employ a contractor approved by the Shire to undertake the works. However this resulted in uncertainty relating


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to supervision, insurances, liability and procurement processes. It is proposed that all works should be funded in advance by the Permit Holder and the Shire’s preferred Tree Services Contractor then undertake the works. This will ensure the works are conducted safely, strictly in accordance with approvals and with minimal damage to surrounding vegetation. It is also recommended to remove clauses relating to pruning for views as it is not considered appropriate to allow individual property owners benefit from removing native vegetation given the clear direction in the newly adopted Community Strategic Plan 2036. The existing policy will remain in force until a revised policy is formally adopted by Council. Further information on the recommended application fee will be provided to Council following the public advertising period. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Local Government Act 1995 specifies the key roles of the Council. Under Section 2.7 of the Local Government Act 1995 Council has four main roles: 1. Direct and control the local government's affairs; 2. Be responsible for the local government’s functions; 3. Oversee the allocation of the local government’s finances and resources, and 4. Determine the local government’s policies. Policy determination is a key role of the Council. Policies are guidelines to provide a consistent approach and framework for Council decision making and for the CEO and staff to action Council’s requests. Policies are not legislation and there may be circumstances where a position needs to be taken which is at variance with an existing policy. In these circumstances Council should make a decision which departs from an existing policy. Clause 4.4 (1) of the Local Government Property Local Law 2013 states:

Unless authorised to do so under a written law or with the written approval of the CEO or an authorised person, a person must not –

(a) remove, damage or interfere with any flora that is on or above local government property; (b) cut any tree or clear any vegetation; or (c) plant or deposit any flora on local government property.

Clause 3.4 of the Shire of Augusta Margaret River Local Planning Scheme No. 1 states

3.4.1 A person must not: (b) Commence or carry out development on a Local Reserve, without having first obtained Planning Approval under part 10 of the Scheme.

Clearing of native vegetation in Western Australia is regulated under the Environmental Protection Act 1986 and Environmental Protection (Clearing of Native Vegetation) Regulations 2004. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 1: Valuing, protecting and enhancing the natural environment Community Outcome 3: Healthy forests and natural landscapes Strategy: 1 Ensure habitats, corridors and refugia are identified and protected utilising land use planning incentives, community partnerships and operational activity. PLANNING FRAMEWORK The Shire of Augusta Margaret River Local Planning Scheme No. 1 states

3.4.1 A person must not: (b) Commence or carry out development on a Local Reserve, without having first obtained Planning Approval under part 10 of the Scheme.


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Various exemptions under the LPS 1 are available including for dead or dangerous vegetation. If the works are undertaken by the Shire then they are exempt from requiring planning approval as they are considered Public Works. FINANCIAL IMPLICATIONS Further information on the recommended application fee will be provided to Council following the public advertising period. SUSTAINABILITY IMPLICATIONS Environmental Vegetation on Shire reserves provides many important environmental functions including biodiversity protection, erosion control, fauna habitat, amenity and sense of place. Having a policy that clearly defines how vegetation will be managed will assist in maintaining these values while providing clear guidance to the community. Social This policy will ensure there is a clear and transparent process for applications to remove vegetation on Shire reserves. Economic Applicants are required to fund the cost of any vegetation management works. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Adopts the revised Infrastructure Policy 16 as presented in Attachment 3 to the agenda for the

purpose of public consultation for a 28 day period; and 2. Refuses the application relating to Cygnet Crescent as it relates to and would reaffirm a previous

act of unauthorised vegetation clearing, an illegal activity that could have resulted in prosecution of the offenders.

ADVICE TO APPLICANT / PROPONENT That the application received be deferred until the revised Policy is adopted by Council. ATTACHMENTS 1. Existing Policy 16 Management of Vegetation on Shire Reserves 2. Application P217574 Site Plan 3. Draft Policy 16 Management of Vegetation on Shire Reserves RECOMMENDATION CR GODDEN, CR TOWNSHEND That Council: 1. Adopts the revised Infrastructure Policy 16 as presented in Attachment 3 to the agenda for

the purpose of public consultation for a 28 day period; and 2. Refuses the application relating to Cygnet Crescent as it relates to and would reaffirm a

previous act of unauthorised vegetation clearing, an illegal activity that could have resulted in prosecution of the offenders.

0/0 During debate Cr Smart proposed an alternative motion. Cr Townshend withdrew her seconding of the officers recommendation to allow Cr Smart put his alternative.


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MOTION CR GODDEN, CR That Council: 1. Adopts the revised Infrastructure Policy 16 as presented in Attachment 3 to the agenda for

the purpose of public consultation for a 28 day period; and 2. Refuses the application relating to Cygnet Crescent as it relates to and would reaffirm a

previous act of unauthorised vegetation clearing, an illegal activity that could have resulted in prosecution of the offenders.

0/0 The motion then lapsed for want of a seconder. Cr Smart then moved his alternative motion: ALTERNATIVE MOTION CR SMART, CR MELDRUM That Council

1. Supports the retention of existing infrastructure Policy No 16 Management of Vegetation on Shire Reserves;

2. Requests that the application relating to Cygnet Crescent is considered in line with the current policy; and

3. Asks that the effectiveness of the policy be monitored and if considered necessary be reviewed in three years time.

0/0 REASON Cr Smart stated the policy has been in place for 3 years and has been quite effective according to the officers and is important as it effects a small number of people in the community. During debate on the alternative motion, Cr Townshend foreshadowed the following amendment: FORESHADOWED AMENDMENT That the words ‘prior to 2005’ be added to clause 2 of the existing policy. Debate continued, then Cr Townshend moved the following procedural motion: PROCEDURAL MOTION / COUNCIL DECISION CR TOWNSHEND, CR LANE OM2018/10 That the item be deferred.

CARRIED 4/3 CRS SMART, MELDRUM AND EARL VOTED AGAINST

REASON Cr Townshend stated the deferral would avoid the potential of making policy ‘on the run’. Cr Earl disclosed an impartiality interest in this item as his mother owns a property that may come under the policy. Cr Earl stated he would vote fairly and impartially. Cr Earl did not speak on any of the motions for this item.


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11.4.

Corporate And Community Services


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11.4.1 LIST OF PAYMENTS FOR NOVEMBER 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Anja Gerganoff, Accounts Payable Officer AUTHORISING OFFICER Annie Riordan, Director Corporate Community Services

Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. Cr McLeod questioned whether she should disclose a financial interest as a payment to Margaret River Bookshop, owned by Cr McLeod, is contained within the list of payments. The CEO advised that under the Local Government Act, it is not necessary to disclose a financial interest for a purchase that has been made. IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the November 2017 List of Payments for $3,018,848.10 as certified correct by the Chief Executive Officer. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2016-17 and 2017-18 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name;


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(b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42241-42254 $16,796.25 $16,796.25

EFT 61860-62353 $2,052,848.71 Direct Debits $949,203.14 $3,002,051.85

TOTAL $3,018,848.10

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT/DD TOTAL PMTS CUMULATIVE CHEQUES EFT/DD TOTAL PMTS CUMULATIVE

2016-17 2016-17 2016-17 PAYMENTS 2017-18 2017-18 2017-18 PAYMENTS

JULY 26,818.42 3,666,885.36 3,693,703.78 3,693,703.78 11,911.90 4,058,767.09 4,070,678.99 4,070,678.99 AUGUST 23,160.39 3,700,179.99 3,723,340.38 7,417,044.16 12,189.23 3,345,515.25 3,357,704.48 7,428,383.47

SEPTEMBER 19,330.43 8,310,023.78 8,329,354.21 15,746,398.37 22,462.49 9,460,770.44 9,483,232.93 16,911,616.40 OCTOBER 17,878.48 5,011,969.93 5,029,848.41 20,776,246.78 14,248.57 6,213,632.69 6,227,881.26 23,139,497.66

NOVEMBER 11,582.39 2,527,108.13 2,538,690.52 23,314,937.30 16,796.25 3,002,051.85 3,018,848.10 26,158,345,76 DECEMBER 28,503.44 2,694,198.73 2,722,702.17 26,037,639.47 JANUARY 19,943.84 2,512,461.38 2,532,405.22 28,570,044.69

FEBRUARY 7,590.17 2,504,279.74 2,511,869.91 31,081,914.60 MARCH 13,729.92 2,804,922.72 2,818,652.64 33,900,567.24 APRIL 25,312.62 4,964,872.34 4,990,184.96 38,890,752.20 MAY 14,188.22 3,048,755.54 3,062,943.76 41,953,695.96 JUNE 100,397.03 4,009,569.24 4,109,966.27 46,063,662.23

308,435.35 45,755,226.88 46,063,662.23


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the November 2017 List of Payments for $3,018,848.10 as certified correct by the Chief Executive Officer. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for November 2017 RECOMMENDATION / COUNCIL DECISION CR EARL, CR MELDRUM OM2018/11 That Council notes the November 2017 List of Payments for $3,018,848.10 as certified correct by the Chief Executive Officer.

CARRIED 7/0


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11.4.2 LIST OF PAYMENTS FOR DECEMBER 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Anja Gerganoff, Accounts Payable Officer AUTHORISING OFFICER Annie Riordan, Director Corporate Community Services

Director Corporate and Community Services discloses interest in the credit card expenses which is certified by the Chief Executive Officer. IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the December 2017 List of Payments for $3,503,095.58 as certified correct by the Chief Executive Officer. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2016-17 and 2017-18 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.


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In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH

MODE OF PAYMENT CHEQUE / EFT NUMBERS SUB-TOTAL AMOUNT

Cheques (includes reimbursement of credit cards) 42255-42262 $16,784.55 $16,784.55

EFT 62354-62829 $2,508,302.34 Direct Debits $978,008.69 $3,486,311.03

TOTAL $3,503,095.58

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS

MONTH CHEQUES EFT/DD TOTAL PMTS CUMULATIVE CHEQUES EFT/DD TOTAL PMTS CUMULATIVE

2016-17 2016-17 2016-17 PAYMENTS 2017-18 2017-18 2017-18 PAYMENTS

JULY 26,818.42 3,666,885.36 3,693,703.78 3,693,703.78 11,911.90 4,058,767.09 4,070,678.99 4,070,678.99 AUGUST 23,160.39 3,700,179.99 3,723,340.38 7,417,044.16 12,189.23 3,345,515.25 3,357,704.48 7,428,383.47

SEPTEMBER 19,330.43 8,310,023.78 8,329,354.21 15,746,398.37 22,462.49 9,460,770.44 9,483,232.93 16,911,616.40 OCTOBER 17,878.48 5,011,969.93 5,029,848.41 20,776,246.78 14,248.57 6,213,632.69 6,227,881.26 23,139,497.66

NOVEMBER 11,582.39 2,527,108.13 2,538,690.52 23,314,937.30 16,796.25 3,002,051.85 3,018,848.10 26,158,345,76 DECEMBER 28,503.44 2,694,198.73 2,722,702.17 26,037,639.47 16,784.55 3,486,311.03 3,503,095.58 29,661,441.34 JANUARY 19,943.84 2,512,461.38 2,532,405.22 28,570,044.69

FEBRUARY 7,590.17 2,504,279.74 2,511,869.91 31,081,914.60 MARCH 13,729.92 2,804,922.72 2,818,652.64 33,900,567.24 APRIL 25,312.62 4,964,872.34 4,990,184.96 38,890,752.20 MAY 14,188.22 3,048,755.54 3,062,943.76 41,953,695.96 JUNE 100,397.03 4,009,569.24 4,109,966.27 46,063,662.23

308,435.35 45,755,226.88 46,063,662.23


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position Service level strategy/plan: Continue to monitor and analyse monthly, year to date and annual financial performance. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the December 2017 List of Payments for $3,503,095.58 as certified correct by the Chief Executive Officer. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for December 2017 RECOMMENDATION / COUNCIL DECISION CR EARL, CR MCLEOD OM2018/12 That Council notes the December 2017 List of Payments for $3,503,095.58 as certified correct by the Chief Executive Officer.

CARRIED 7/0


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11.4.3 FINANCIAL ACTIVITY STATEMENT REPORT - NOVEMBER 2017 LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • The monthly financial activity statement report is a standard financial reporting item prepared in

accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

• Council is to consider the financial results for the period ending 30 November 2017. RECOMMENDATION That Council receives the Monthly Financial Report – November 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt each year a material variance threshold. At the Ordinary Meeting of Council on 26 July 2017 (OM2017/190) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000.


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DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation (2) (b) that requires commentary on material variances to the Statement of Financial Activity at the nature/type, program or business unit level. The Statement of Financial Activity shows a year to date actual closing position at 30 November of $19.442 million ($0.724 million lower than last month). This result was higher than the expected year to date budgeted position of $14.683 million. The following details the main reasons for this favourable variation to Budget. Operating revenue is $0.572 million or 2.1% above budget (last month $0.518 million or 2% above budget). The main contributors to this favourable result are higher than budget property rates, interest on investments, building permit income, waste fees and charges and profit on sale of assets. Operating expenditure on a year to date basis is $1.708 million or 10.9% below budget (last month $1.447 million and 11.2% below budget). Contributing factors are materials and contracts being $1.260 million or 29% below budget (last month $1.035 million or 28.7% under budget) and employee expenses being $0.168 million or 2.8% under budget (last month $0.202 million or 4.2% under budget). Optimistic budget profiling and the delayed commencement of projects has contributed to materials expenditure being under budget for a number of business units including Asset Services, Community Buildings, Community Planning and Development, Corporate and Community Services Directorate, Fitness Centre, Gloucester Park, Human Resources, Information Technology, Landcare, Members of Council, Parks & Gardens, Rangers, Town Planning, Turner Caravan Park and Waste Services. Staff leave, extended timeframes to fill vacant positions and seasonal work have contributed to under budget labour for Infrastructure Services Directorate, Rangers, Town Planning and Turner Caravan Park. This has been partly offset by over budget labour for Outside School Hours Care and Maintenance. Grants for capital works are $0.114 million or 10.4% under budget (last month $0.440 million or 51.7% under budget). The main reasons are:

• grants for some bushfire brigade equipment and building works were not approved; • the Main Roads WA direct grant was reduced by the State Government; • Roads to Recovery and Regional Road Group grants for road projects are to be received; and • the Pool Revitalisation grant is no longer available.

These under budget variances have been partly offset by Developer Contribution Plan contributions being received earlier than expected, the claim for the Lotterywest grant for the Margaret River Youth Precinct being higher than was profiled in the budget and a special purpose grant for the Warner Glen Road bridge not being included in the budget.

Capital expenditure of $0.980 million was incurred during the month compared to the budget for the month of $1.627 million. On a year to date basis capital expenditure is $3.459 million under budget (last month $2.812 million under budget). The major causes of this variation are:

• the Margaret River Youth Precinct is $0.789 million under budget as the budget profiled expenditure to commence in July, however the project commenced in October;

• replacement of Bushfire Brigade buildings and equipment is $0.068 million under budget; • various community building projects are $0.557 million under budget with works in progress for

the Fearn Avenue toilet block and Margaret River football club change rooms but other projects have been delayed while approvals are obtained;

• parks and gardens projects are only $0.077 million under budget overall, however, some individual projects such as playground equipment replacement and the Lower Western Oval development are under budget due to community consultation requirements and delays obtaining approvals;

• infrastructure upgrade projects are $0.305 million under budget but are offset by infrastructure renewal projects being $0.066 million over budget;

• plant purchases are $1.049 million under budget although procurement is underway or has been approved for a number of large items such as two trucks and a grader; and

• various capital projects for caravan parks are $0.284 million under budget.


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Capital expenditure for the month included the following. • $132,262 to replace the light tanker for the Kudardup Bush Fire Brigade; • $184,907 for various community building projects including $74,775 for design and construction

plans for the Cultural Centre redevelopment and $110,982 for the upgrade of the Fearn Avenue toilet block.

• $123,265 on the replacement bowling greens for the Margaret River Bowling Club. • $36,543 on various parks and gardens projects. • $303,718 on road related projects of which $44,228 was spent on infrastructure upgrade

projects and $259,490 was spent on infrastructure renewal projects. The Margaret River main street project, depot vehicle shed, Ellis Street jetty carpark, gravel resheeting, reconstruction of Carters Road, Rosa Brook Road and Rosa Glen Road were the main items of expenditure.

• $80,300 to replace a triaxle low loader and $100,000 to purchase a self propelled 5 unit gang mower.

• $5,932 on works for Turner Caravan Park was primarily for infrastructure. Financial performance against budget is shown in the following charts.


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Following is the Statement of Financial Activity for the year ending 30 November 2017.


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 November 2017

BUSINESS UNITS 2016-17 2017-18 2017-18 2017-18 2017-18 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget November Budget Actual >10% & Comments$ $ $ $ $ >$10,000

Net Current Assets at 1 July surplus/(deficit) 2,420,988 4,041,229 0 4,041,229 4,331,506 Includes advance payment of FAGs for 2017-18

Revenue from Operating ActivitiesRates 19,955,664 20,658,008 53,751 20,499,758 20,681,933 0General Financing 2,979,832 1,324,424 238,870 569,537 684,109 114,572 Timing/Perm: Interest on investments & diesel rebateMembers of Council 0 0 (640) 0 80 0Chief Executive Officer 4,400 40,000 0 0 31,724 31,724 Perm: Grant refund & Wildcats event incomeDirector Corporate & Community 9,559 7,800 1,315 3,000 9,450 0Director Sustainable Development 83,850 0 0 0 450 0Director Infrastructure 0 0 0 0 0 0Finance 194,757 44,100 6,947 2,500 7,953 0Records 959 0 0 0 90 0Corporate Services 2,211 2,000 39 1,000 1,526 0Customer Relations 197,283 223,400 13,890 95,600 71,750 (23,850) Timing: Sale of number platesInformation Comm. Technology 5,955 0 741 0 1,041 0Human Resources 54,357 20,000 0 0 0 0Community Planning & Development 50,500 25,260 (27) 7,330 9,036 0Emergency and Fire Services 636,887 377,481 203 195,436 165,004 (30,432) Perm: Position allocated to Busselton by DFESRangers 195,897 212,920 31,288 84,150 75,712 0Libraries 41,518 36,200 2,811 15,410 15,670 0Health 110,417 110,965 10,813 80,005 86,082 0Outside School Hours Care 325,641 305,500 28,647 131,900 188,687 56,787 Perm: Vacation programWaste Services 4,517,215 4,566,051 81,089 4,150,843 4,342,346 0Town Planning 443,434 368,400 11,296 153,500 125,942 (27,558) Perm: Less applications due to exemptionsCommunity Buildings 45,532 0 351 0 1,363 0MR Recreation Centre 843,857 849,000 89,295 377,000 339,014 (37,986) Timing/Perm: Fees & charges to be raisedCultural Centre 6,879 6,720 707 2,800 5,300 0Augusta Recreation Centre 38,529 42,000 3,390 19,500 15,903 0Gloucester Park 70,324 309,400 2,731 279,950 279,279 0Parks and Gardens 32,133 4,000 0 4,000 4,360 0Asset Services 113,682 134,200 181 43,000 78,411 35,411 Timing: Billing of sign feesLandcare 4,800 0 0 0 0 0Maintenance 17,888 0 6,275 0 6,727 0Plant Program 29,425 13,023 0 10,788 47,511 36,723 Timing: Profit on asset disposalsCaravan Parks 1,962,088 2,133,524 149,159 432,200 393,936 0Building Control 211,865 225,000 23,419 93,750 123,034 29,284 Timing/Perm: ApplicationsWorks Overheads 2,273 0 (6,275) 0 328 0Plant Operation Costs 5,336 0 0 0 6,983 0Other Property and Services 35,415 20,000 2,305 8,000 32,517 24,517 Perm: Limesand royalties

33,230,360 32,059,376 752,571 27,260,957 27,833,248 572,292Expenditure from Operating Activities

Revenue (340,793) (457,448) (20,405) (123,076) (115,770) 0General Financing (565,047) (580,030) (13,876) (155,141) (142,460) 0Members of Council (298,261) (376,943) (30,101) (210,833) (124,350) 86,483 Timing: Contribution for Cowaramup HallChief Executive Officer (1,011,730) (1,121,359) (68,170) (424,892) (383,562) 41,330 Timing: Public Relations projectsDirector Corporate & Community (395,892) (421,998) (25,763) (226,973) (182,430) 44,543 Timing: Release of contributions & project in progressDirector Sustainable Development (619,423) (693,809) (50,427) (306,612) (300,318) 0Director Infrastructure (258,515) (258,678) (21,953) (108,967) (57,259) 51,708 Perm: Director started in OctoberFinance (929,327) (997,864) (40,061) (709,485) (670,355) 0Records (180,253) (189,690) (14,285) (80,240) (76,844) 0Corporate Services (245,396) (265,620) (26,880) (105,350) (108,236) 0Customer Relations (504,543) (554,400) (47,538) (234,308) (224,850) 0Information Comm. Technology (985,511) (1,059,755) (49,032) (622,607) (589,830) 0Human Resources (601,635) (669,977) (47,753) (297,349) (232,412) 64,936 Timing: OSH initiatives & Org. Devpmt programsCommunity Planning & Development (566,369) (609,530) (44,650) (285,866) (247,633) 38,233 Timing: ProjectsEmergency and Fire Services (2,240,641) (1,057,215) (139,639) (499,766) (480,386) 0Rangers (631,910) (719,968) (59,770) (327,489) (243,055) 84,434 Perm/Timing: Vacant position & contract servicesLibraries (964,305) (929,844) (69,823) (396,984) (360,655) 36,329 Timing: Stock, publications, printing & stationeryHealth (534,046) (548,649) (42,372) (232,270) (215,379) 0Outside School Hours Care (399,709) (343,658) (31,039) (146,847) (186,688) (39,841) Perm: Vacation program offset by increased incomeWaste Services (2,197,189) (2,911,507) (182,536) (1,134,559) (884,519) 250,040 Timing/Perm: Site reviews, waste servicing costsTown Planning (921,495) (1,026,237) (63,001) (453,116) (385,301) 67,815 Timing : ProjectsCommunity Buildings (1,974,011) (1,923,421) (145,255) (811,084) (714,209) 96,875 Timing: Building maintenanceMR Recreation Centre (2,045,931) (2,286,460) (187,683) (998,159) (905,260) 92,899 Perm/Timing: Depreciation, utilities, projectsCultural Centre (396,680) (410,887) (17,482) (186,467) (211,431) (24,964) Perm: Depreciation increase after fair value adjustmentAugusta Recreation Centre (100,385) (106,992) (7,552) (46,057) (40,132) 0Gloucester Park (175,539) (213,700) (13,406) (90,750) (67,879) 22,871 Timing: Maintenance, utilities & consultantBeach Lifeguards (100,705) (119,558) (164) (12,580) (1,103) 11,477 Timing: Life saving audit, maintenance & equipmentParks and Gardens (2,494,734) (2,575,821) (205,242) (1,111,883) (966,682) 145,201 Timing: Reserves maintenance, top dressing deferredAsset Services (918,270) (1,134,401) (75,312) (508,634) (352,563) 156,071 Timing: Labour & projectsLandcare (303,047) (543,353) (15,623) (275,790) (66,350) 209,439 Timing: ContributionsConstruction 0 0 0 0 0 0Maintenance (8,078,630) (8,235,725) (647,581) (3,423,531) (3,540,631) 0Plant Program (32,329) (105,345) (2,504) (79,943) (37,535) 42,408 Timing: Loss on asset disposalsCaravan Parks (1,170,516) (1,455,342) (105,761) (631,759) (456,794) 174,965 Timing: Seasonal labour, projectsBuilding Control (165,672) (172,919) (11,761) (72,646) (67,189) 0Works Overheads (156,333) (54,061) (42,634) (247,093) (408,551) (161,458) Timing: Under recovery of overheadsPlant Operation Costs 126,491 300,498 39,431 (88,866) 33,910 122,776 Timing: Budgeted recovery understatedOther Property and Services (196,023) (104,000) (8,674) (68,500) (13,432) 55,068 Timing/Perm: Land sale did not proceed

(33,574,306) (34,935,666) (2,536,274) (15,736,471) (14,028,125) 1,708,346


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 30 November 2017

BUSINESS UNITS 2016-17 2017-18 2017-18 2017-18 2017-18 YTDLast Year Approved Month of YTD YTD Variance

Actual Budget November Budget Actual >10% & Comments$ $ $ $ $ >$10,000

Operating activities excluded from BudgetDepreciation on assets 8,805,609 9,046,640 748,885 3,783,600 3,807,838 0(Profit)/Loss Asset Disposal 1,442,741 151,322 2,504 128,155 (19,307) (147,462) Timing/Perm: Disposal of plant, vehicles and landMovement in deferred pensioner rates 17,378 0 0 0 0 0Movement in employee benefit provisions (non-current) (81,159) 0 0 0 0 0Loss on revaluation of non current assets 0 0 0 0 0 0

10,184,569 9,197,962 751,389 3,911,755 3,788,531 (123,224)

Amount attributable to operating activities 12,261,612 10,362,900 (1,032,314) 19,477,469 21,925,161

INVESTING ACTIVITIESNon Operating Grants & Contributions

Community Planning & Development 0 2,217,333 354,971 200,000 354,971 154,971 Timing: Lotterywest grant for MRYPEmergency and Fire Services 412,301 847,237 167,412 276,659 228,671 (47,988) Timing: BFB equipment & building grantsTown Planning 415,788 150,000 0 0 91,741 91,741 Timing: DCP contributions earlier than expectedCommunity Buildings 500,000 3,200,000 0 0 0 0MR Recreation Centre 32,000 32,000 0 32,000 0 (32,000) Perm: Pool revitalisation grant not availableGloucester Park 13,030 0 13,030 13,030 0Parks and Gardens 3,371 332,207 0 0 0 0Asset Services 29,091 50,000 0 0 0 0Construction 8,426,604 2,803,819 44,500 571,055 290,172 (280,883) Perm/Timing: Direct grant reduced/others in progress

9,819,155 9,645,626 566,883 1,092,744 978,586 (114,158)Capital Investment

Purchase Land Held for Resale (1,000) 0 0 0 0 0Purchase Land and Buildings (1,155,459) (8,432,887) (444,610) (1,765,804) (1,035,258) 730,546 Timing: Scheduling of various building projectsPurchase Infrastructure Assets - Other (929,740) (7,033,083) (49,345) (2,583,079) (1,193,099) 1,389,980 Timing: MRYP project, waste, caravan parksPurchase Infrastructure Assets - Roads (10,389,255) (6,504,200) (303,718) (1,086,189) (847,663) 238,526 Timing: road and related projectsPurchase Plant and Equipment (1,643,277) (3,346,368) (180,300) (2,036,615) (981,081) 1,055,534 Timing: Plant & Vehicle purchases Purchase Furniture and Equipment (52,684) (163,000) (1,600) (50,000) (15,295) 34,705 Perm/Timing: Shelter for Bomag/hooklift bins delayProceeds from Disposal of Assets 472,384 2,136,000 12,910 676,000 235,576 (440,424) Timing: Sale of land did not proceed

(13,699,031) (23,343,538) (966,663) (6,845,687) (3,836,820) 3,008,867

Amount attributable to investing activities (3,879,876) (13,697,912) (399,780) (5,752,943) (2,858,234)

FINANCING ACTIVITIESRepayment of Debentures (600,922) (708,195) (24,161) (196,608) (200,223) 0Advances to Community Groups 0 (5,200) 0 (5,200) (5,200) 0Proceeds from Self-Supporting & IF Loans 21,386 12,700 0 6,310 6,310 0Proceeds from New Loan 0 2,450,000 350,000 1,350,000 350,000 (1,000,000) Timing: Loans not drawdownTransfers to Cash Reserves (4,399,431) (2,747,795) (38,626) (195,958) (195,958) 0Transfers from Cash Reserves 928,738 4,333,502 420,000 0 420,000 420,000 Timing: Transfer for TCP chalets construction

Amount attributable to financing activities (4,050,229) 3,335,012 707,213 958,544 374,929 (580,000)

Net Current Assets Surplus (Deficit) 4,331,506 0 (724,881) 14,683,071 19,441,856 Investments At 30 November 2017 the Shire’s cash on hand, deposits and investments totalled $36,917,579 (an increase of $1,470,869 to last month’s total of $35,446,710) and total investment interest earned for the year was $298,284 and exceeded the approved budget of $229,600.

Term Deposits – Cash Management At the end of November the Shire had the following short-term facilities (term deposits).

Term Days Maturity Institution (ADI) Principal

$ Interest Rate Interest

$ 270 16/3/18 Bankwest 1,500,000 2.50% 27,740 365 11/4/18 National Australia Bank 2,500,000 2.60% 65,000 365 18/7/18 National Australia Bank 1,500,000 2.50% 37,500 364 27/7/18 National Australia Bank 1,000,000 2.50% 24,932 365 16/8/18 Bankwest 4,000,000 2.54% 101,600 274 5/6/18 AMP Bank 2,500,000 2.60% 48,795


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297 28/6/18 ING Direct 2,500,000 2.50% 50,856 365 6/9/18 Bankwest 2,000,000 2.53% 50,600 265 13/9/18 National Australia Bank 5,000,000 2.60% 130,000 99 4/1/18 Members Equity 1,000,000 2.30% 6,238 181 28/3/18 Bank of Queensland 1,000,000 2.50% 12,397 92 2/1/18 Bendigo Bank 1,000,000 2.25% 5,671 182 2/4/18 Bendigo Bank 1,000,000 2.40% 11,967

26,500,000 573,296 During the month, no term deposit transactions occurred. The average rate of interest to be paid on all of the term deposits is 2.49%.

The Shire also has an Overnight Cash Deposit Facility (OCDF) with WA Treasury Corporation (WATC) which is used to hold the Royalties for Regions funds allocated for the main street


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redevelopment project. The South West Development Commission are a joint signatory for this facility. During the month interest of $6,432 was earned and the current balance of the investment is $5.404 million. The current rate of interest earned on this facility is 1.45% and is set at 5 basis points lower than the Reserve Bank’s cash reference rate.

In-Kind Support At 30 November 2017 fee waivers and financial assistance sponsorships totalled $9,892 and included $6,900 of sporting sponsorships, $2,142 of fee waivers and $850 of donations. During the month no fees were waived under delegation, $600 was provided in sponsorships for sports representatives and a donation of $450 was provided for Naidoc Week initiatives. Reserves Movement to reserves represent interest earned on reserve funds and the transfer of $420,000 from the Caravan Park Upgrade reserve for the construction of the chalets at Turner Caravan Park. Loans During the month Loan 193 for $350,000 was drawn down to partly fund the Margaret River Youth Precinct. The lender was WA Treasury Corporation and a fixed interest rate of 2.97% applies for the 10 years loan term. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective strategy, planning and asset management Strategic Response: Ensure the Shire’s financial performance is well managed and leads to a strong financial position. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The overall financial performance of the Shire is as summarised in this report. SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic As stated in the report. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – November 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units

RECOMMENDATION / COUNCIL DECISION CR SMART, CR LANE OM2018/13 That Council receives the Monthly Financial Report – November 2017 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

CARRIED 7/0


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11.4.4 SPORTS AND RECREATION ADVISORY COMMITTEE MEETING MINUTES 6 DECEMBER 2017 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE REC/36 REPORT AUTHOR Hannah Waters, Executive Assistant Corporate and Community

Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • On the 6 December 2017, the Sports and Recreation Advisory Committee (SRAC) held its bi-

monthly meeting. • Elections for the Chairperson and the Deputy Chairperson were held. • The meeting dates for 2018 were confirmed. • Delegates provided updates on their clubs. RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held

6 December 2017; and 2. Notes Brian Warbey and Colin Clarke have been elected as the Chairperson and Deputy

Chairperson for the committee respectively. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Sports and Recreation Advisory Committee meetings are held bi-monthly on the first Wednesday of the month. CONSULTATION AND ADVICE External Consultation SRAC delegates Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Election of the Presiding Member and Deputy Presiding Member The Recreation Operations Manager under delegated authority from the Chief Executive Officer conducted the elections for the Chairperson and Deputy Chairperson of the Sports and Recreation Advisory Committee’s in accordance with s5.44 Local Government Act 1995. Brian Warbey was nominated unopposed to the position of Chairperson and was unanimously appointed to the position. Colin Clarke was nominated unopposed to the position of Deputy Chairperson and was unanimously appointed to the position.


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SRAC meeting dates for 2018 Committee members were advised of the dates, times and locations for all Sports and Recreation Advisory Committee Meetings in 2018. Due to the large number of committee members attending, future meetings will be held in the Margaret River Council Chambers. The change in venue will comfortably accommodate the full committee. It was also noted that the meeting in October would be held on the third Wednesday of the month so it does not fall during the school holidays. Updates from the Clubs The delegates provided updates on their clubs/associations. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 5: Effective leadership and governance Community Outcome 5.1: Effective governance and corporate leadership Strategic Response 5.1.5: Develop effective partnerships and strategic alliances to maximise community benefits Service level strategy/plan 5.1.5.2: Hold regular meetings with the Sport and Recreation Advisory Committee PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Sporting groups provide members of the community the opportunity for physical fitness and socialisation. Economic Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting held

6 December 2017; and 2. Notes Brian Warbey and Colin Clarke have been elected as the Chairperson and Deputy

Chairperson for the committee respectively. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Unconfirmed Sports and Recreation Advisory Committee meeting minutes and attachments – 6

December 2017.


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RECOMMENDATION / COUNCIL DECISION CR MELDRUM, CR MCLEOD OM2018/14 That Council: 1. Receives the unconfirmed minutes of the Sport and Recreation Advisory Committee meeting

held 6 December 2017; and 2. Notes Brian Warbey and Colin Clarke have been elected as the Chairperson and Deputy

Chairperson for the committee respectively. CARRIED 7/0


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11.4.5 WELCOME TO AND ACKNOWLEDGEMENT OF COUNTRY POLICY LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/213 REPORT AUTHOR Susan Elton, Community Development Officer AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF

• In 2009, the Shire developed an Aboriginal Reconciliation Policy that articulated the Shire’s commitment towards continuing to build mutual respectful relationships and opportunities between Aboriginal and non-Aboriginal Australians.

• Following on from this, development of the Shire’s Welcome to Country Policy wa itemised in the Corporate Plan 2016-2020 in relation to to Goal 2: Welcoming and Inclusive Communities: Outcome 2.1: Sense of Identity and Belonging: 2.1.1: Foster participation in cultural events and activities that encourage a sense of identity and belonging: 2.1.1.3: Develop a Welcome to Country Policy.

• The draft policy has been created in consultation with the Executive Leadership Team and the Senior Leadership Team.

• The objective of the policy is to provide direction and support to Councillors and officers of the Shire in delivering an Acknowledgement of Country or consulting with a Traditional Owner to provide a Welcome to Country.

• Of paramount importance in developing this policy was consultation with the wider community and specifically the local Wadandi and Pibulmun people.

• The draft Welcome to and Acknowledgment of Country was endorsed by Council for public comment on 9 August 2017.

• Public consultation ran for three weeks from the 14 August until 8 September 2017. Three submissions were received during this time.

• Once the Welcome to and Acknowledgment of Country Policy has been endorsed by Council the procedure of use will need to be implemented in a timely manner.

RECOMMENDATION That Council adopts the Welcome to and Acknowledgement of Country Policy as per Attachment 1. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire’s Aboriginal Reconciliation Policy, developed in 2009, articulated the Shire’s commitment towards continuing to build mutual respectful relationships and opportunities between Aboriginal and non-Aboriginal Australians within the Shire of Augusta Margaret River. In addition, it aims to raise awareness and knowledge of Aboriginal history and culture and encourage positive steps towards reconciliation between all Australians. The Shire recognises Aboriginal and Torres Strait Islander people as the traditional custodians of the land that the Shire of Augusta Margaret River is now situated on our website, which links through to a guide for Indigenous Communities, developed by the Western Australian Department of Local Government, Sport and Cultural Industries.


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The Welcome to and Acknowledgement of Country Policy, therefore, serves as the Shire’s positive next step towards reconciliation. This policy aims to provide direction and support to Councillors and officers of the Shire in delivering an Acknowledgement of Country or consulting with a Traditional Owner to provide a Welcome to Country whilst clearly articulating the type of events that a Welcome to Country or Acknowledgement of Country should be included in official proceedings. CONSULTATION AND ADVICE External Consultation The draft Welcome to and Acknowledgement of Country was advertised for public comment from the 14 August 2017 – 8 September 2017. It was also sent to the Undalup Association, Koomal Dreaming and the Wardan Aboriginal Cultural Centre directly to ensure local Aboriginal people had an opportunity to influence this policy. Feedback could be provided via Your Say, email or hard copy submission (available from Customer Service or the Libraries). Over this time three submissions were received, two for and one against the endorsement of the policy with the following reasons provided;

Decision Comment For I agree with the Policy and it reads well. My only comment is that it is not clearly stated

that an Aboriginal person with direct links to the local area should be contracted to perform a Welcome to Country. If an Aboriginal person from outside the traditional boundaries presents it is still considered an Acknowledgment of Country.

For Totally support the policy. Against We need less divisive actions and more actions to recognize that we are all equal.

Internal Consultation The Welcome to and Acknowledgement of Country Policy was developed in consultation with the Executive Leadership Team and the Senior Leadership Team. DISCUSSION / OFFICER COMMENTS The Community Planning and Development Team (CPD) have developed the draft Welcome to and Acknowledgement of Country Policy harnessing guiding reference from the following sources, Reconciliation Australia, South West Land and Sea Council, Creative Spirits Australia, Kaartijin Noongar and the School of Indigenous Studies UWA. Direction from these sources has enabled the policy to clearly articulate when a Welcome to Country or Acknowledgement of Country should be included in official proceedings. As described by Creative Spirits (2017) incorporating a welcome or acknowledgement protocol into official meetings and events recognises Aboriginal peoples as the First Australians and custodians of the land. It promotes an awareness of the past and ongoing connection to place and land of Aboriginal Australians. This practice of inclusion of Aboriginal people in events, meetings and national symbols shows respect, and this is a good base on which Aboriginal and non-Aboriginal Australians can make positive steps towards reconciliation. In addition, it is important to note that policies are to be as clear and concise as possible and clearly differentiate high level Council policies and do not include day today operational procedures and instructions. As such, it is recommended that, once endorsed, this policy be followed in quick succession by the Welcome to and Acknowledgement of Country Procedure of Use. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Local Government Act 1995 specifies the key roles of the Council. Under Section 2.7, Council has four main roles: 1. Direct and control the Local Government's affairs; 2. Be responsible for the local government’s functions; 3. Oversee the allocation of the local government’s finances and resources, and 4. Determine the local government’s policies. Policy determination is a key role of the Council.


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Policies are guidelines to provide a consistent approach and framework for Council decision making and for the CEO and staff to action Council’s requests. Policies are not legislation and there may be circumstances where a position needs to be taken which is at variance with an existing policy. In these circumstances, Council should make a decision that departs from an existing policy. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 2: Welcoming and Inclusive Communities Community Outcome 2.1: Sense of Identity and Belonging Strategic Response: Foster participation in cultural events and activities that encourage a sense of identity and belonging Service level strategy/plan: Develop a Welcome to Country Policy PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS In providing cultural services such as a Welcome to Country, Aboriginal people are using their intellectual property and should be appropriately remunerated. Fees will be negotiated with the Elder who is engaged to provide a Welcome to Country. Financial allocations for Welcome to Country Protocols to be observed will be included in the Shire’s budget on an annual basis. SUSTAINABILITY IMPLICATIONS Environmental This policy support good governance, which aids sustainability. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the Welcome to and Acknowledgement of Country Policy as per Attachment 1. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Welcome to and Acknowledgement of Country Policy. RECOMMENDATION CR MCLEOD, CR SMART That Council adopts the Welcome to and Acknowledgement of Country Policy as per Attachment 1.

0/0 With the consent of the mover and seconder, the motion was amended to include two changes to the Instrument of Appointment and Delegation. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR MCLEOD, CR SMART OM2018/15 That Council adopts the Welcome to and Acknowledgement of Country Policy as per Attachment 1 with the following amendments:

a) Under the heading 'Scope', 'Welcoming each newly elected Council' be included as an additional dot point; and

b) Under the heading ‘Implementation’, the words ‘that may’ be added to read: ‘major Shire and civic events that may include:’


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CARRIED 7/0


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11.4.6 TURNER CARAVAN PARK MASTERPLAN LOCATION/ADDRESS Lot 858 and Lot 35 Blackwood Avenue, Augusta APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE CPT/6 REPORT AUTHOR Nigel Anderson, Manager Human and Community Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Council resolution OM2017/197 provided for a masterplan to be developed for Turner Caravan Park

and that two Council members (at the time Crs Hastie & Smart) would form part of the design group. • Council elections have since being held of which Cr Hastie was not re-elected leaving only Cr Smart

to represent Council on the design group. • Due to the level of importance that this masterplan will have in shaping the future of Turner Caravan

Park, it is recommended that a replacement Councillor be nominated to represent Council on the design group.

RECOMMENDATION That Council nominates Cr _________ to represent Council with Cr Smart on the design group. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Council is committed to having a masterplan completed for Turner Caravan Park that will inform future development and provide a cost effective approach to upgrading the existing ageing infrastructure within the Park. Council had previously resolved the following: RECOMMENDATION / COUNCIL DECISION CR HASTIE, CR TOWNSHEND OM2017/197 That Council:

1. Develops a masterplan for the Turner Caravan Park for future infrastructure upgrades inclusive of chalet development;

2. Notes that a design group will be formed to progress the master planning; and 3. Nominates Crs Hastie and Smart to represent Council on the design group.

CARRIED 6/0 Procurement works have commenced and a Request for Quotation has been drafted and distributed to contract a suitably qualified design consultant to support the design group to develop the masterplan. CONSULTATION AND ADVICE External Consultation Several consultation meetings have already taken place with TCP short and long term stay guests, with an over whelming call from these users requesting that the Shire provide greater certainty beyond their current annual 12 month lease arrangement.


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Internal Consultation A Council visioning exercise was undertaken with a number of Councillors attending site meetings and providing their vision for both Turner Caravan Park and Alexandra Bridge Campground. The Councillor input was collated and presented to Council at a briefing session in September 2017. The key visioning themes included the following:

• Undertake little change and retain the low key informal layout • Promote family friendly aspects • Provide affordable camping options • Chalet accommodation to be provided on a small footprint • Deliver a sustainable operation • Value add to the Augusta economy particularly in the shoulder season.

DISCUSSION / OFFICER COMMENTS Whilst there has been several attempts by various parties at developing a suitable masterplan for Turner Caravan Park unfortunately, none has been consistent with Council’s vision for the Park and hence not adopted. Turner Caravan Park finds itself in a renewal and upgrade stage now with its ageing infrastructure in need of desperate repair and being brought up to a modern day standard. This makes it critical to have an adopted masterplan that will direct those necessary infrastructure renewal works and any new development. Having Council representatives involved in the design process will ensure that a masterplan will be developed consistent with Council’s vision. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Caravan Parks and Camping Grounds Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Key Result Area 4: Vibrant and diverse economy Outcome: 4.2 Sustainable tourism and other local industries Strategy 4: Provide family friendly caravan and camping grounds to encourage visitors to extend their stay Service level strategy/plan: Develop masterplans for Turner and Flinders Bay Caravan Parks and Alexandra Bridge Campground. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The 2017-18 budget has provisions for master planning as follows:

• TUE006, $80,000 - towards a site layout master plan that includes feature survey and service location works

• TUE007, $15,000 – towards a park tree risk assessment and pick up • TUE008 $15,000 – towards a power capacity assessment.

SUSTAINABILITY IMPLICATIONS Environmental

• Protection and regeneration of the natural environment within our Park • Promote energy efficient and sustainable design principles • Promote the conservation of remnant vegetation and conservation of those significant fauna

species within the locality.


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Social • Create an affordable and family friendly holiday stay option for our guests • Provide a diverse range of accommodation options to support all our guests • Create a safe holiday environment for our guests • Promote greater universal access and inclusion opportunities at TCP

Economic

• Increase economic activity in Augusta particularly during the off-peak season through increased intrastate, interstate and international (i.e. China ready) tourist visitation

• Increase the duration of visitor stays by developing suitable alternative accommodation options that are suitable for the off-peak season

• Increase the marketing potential for Augusta overall. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council nominates Cr _________ to represent Council with Cr Smart on the design group. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil Cr Townshend verbally nominated Cr Earl, Cr Earl accepted the nomination. Cr Smart verbally nominated Cr Meldrum, Cr Meldrum accepted the nomination. A vote was then conducted by a show of hands. Cr Earl received a vote count of three (Crs Townshend, McLeod and Townshend voted for). Cr Meldrum received a vote count of four. (Crs Smart, Meldrum, Lane, Godden voted for). Cr Earl then moved the recommendation with Cr Meldrum as representative: RECOMMENDATION / COUNCIL DECISION CR EARL, CR GODDEN OM2018/16 That Council nominates Cr Meldrum to represent Council with Cr Smart on the design group.

CARRIED 7/0


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11.4.7 AMENDMENT TO FEES AND CHARGES - FAST 5 PROGRAM LOCATION/ADDRESS 51 Wallcliffe Road, Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE REC/2 REPORT AUTHOR Sebastian Miller, Coordinator Recreation Services AUTHORISING OFFICER Annie Riordan, Director Corporate and Community Services

IN BRIEF • Fees for a new sporting competition, Fast 5 to be held at the Margaret River Recreation Centre are

proposed. • Under S6.16 of the Local Government Act 1995 (the Act), Council may impose or amend the fees

and charges from time to time during a financial year. • As the Shire is intending to impose and amend fees and charges for 2017-18, s6.19 of the Act

requires the Shire to give at least 14 days local public notice of its intention to impose the 2017-18 fee on 14 February 2018.

RECOMMENDATION That Council imposes the 2017-18 fee listed in this report and gives 14 days local public notice prior to the imposition of the fees and charges on 14 February 2018. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire’s draft Schedule of Fees and Charges for 2017-18 was approved for advertising at the Ordinary Council Meeting (OCM) on 24 May 2017 (OM20170524). The Schedule was subsequently advertised for the minimum period of 14 days from Friday 2 June 2017. Council adopted the 2017-18 fees and charges at the OCM on 28 June 2017 to be implemented from 1 July 2017. Under section 6.16 of the Act, fees and charges are to be imposed when adopting the annual budget but may also be imposed or amended from time to time during a financial year. CONSULTATION AND ADVICE External Consultation Netball WA Internal Consultation Legal Services Recreation Services Officers DISCUSSION / OFFICER COMMENTS The Margaret River Recreation Centre has proposed to launch a Fast 5 Netball competition as a sub-licensee of Netball Australia’s program. Fast 5 is a shorter, faster, innovative and more flexible format of netball that encourages people to play netball, keep fit, and have fun with friends without the commitment of traditional team sports. By delivering Fast 5 as a licensed Provider the Shire has access to the use of Fast 5 Netball Intellectual Property, Game Management System, and marketing resources.


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Notable changes to the format include shortened quarters, modified scoring rules and positions, rolling substitutions, power plays, and an additional scoring circle. Games will be scheduled to run in conjunction with the school term and will be held on Monday nights from 7:00pm. All registrations and payments are taken through the Fast 5 app with Recreation staff required to cross check player details at the commencement of each game. In developing the player game payment fee the Shire based the fee on research undertaken by Netball Australia which showed that participants felt $10 per player was as a fair and reasonable price to play Fast 5 netball and encouraged participation. This fee includes royalties, staffing costs, court fees, profit, and has been benchmarked against four other recreation centres in Perth, which are charging between $10 and $12.50 per player. Fee and Charge Fee

$ GST

$ Total

$ Player game payment fee - Fast 5

9.09 0.91 10.00

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 A Provider sub-licence agreement has been signed between the Shire and Netball WA. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2017-2021 Kay Result Area 2: Welcoming and inclusive communities Community Outcome 2.5: Active and healthy lifestyles Strategic Response: 2.5.1 Maximise participation in physical activity and promote the benefits of healthy lifestyles. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS The Shire through the Provide sub-licence agreement is required to pay a royalty fee to Netball Australia for the use of the Fast 5 participation product which equates to a payment of $2.50 plus GST and processing fees of 1.75% plus $0.30 including GST. Participants in the competition will register and make payment through the Fast 5 app and royalty payments and fees will be deducted with the balance of the game payments made directly to the Shire’s bank account on a weekly basis. SUSTAINABILITY IMPLICATIONS Environmental Nil Social The social and community development benefits of the competition could include:

• Increase sporting activity within the Shire • Increase the diversity of sporting programs and promote opportunities for social inclusion and

interaction • Increase the level of physical and mental health wellbeing within the community.

Economic Revenue generated from fees and charges are a vital component of the overall 2017-18 budget. VOTING REQUIREMENTS Absolute Majority


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RECOMMENDATION That Council imposes the 2017-18 fee listed in this report and gives 14 days local public notice prior to the imposition of the fees and charges on 14 February 2018. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil RECOMMENDATION / COUNCIL DECISION CR EARL, CR GODDEN OM2018/16 That Council imposes the 2017-18 fee listed in this report and gives 14 days local public notice prior to the imposition of the fees and charges on 14 February 2018.

CARRIED BY ABSOLUTE MAJORITY 7/0


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12.1 Ban on the use of Spear Guns in Gnarabup Bay – Cr Peter Lane On 29 November 2017, the Chief Executive Officer received notification from Cr Lane of his intention to move the following motion. At the 13 December 2017 Ordinary meeting of Council, the motion was deferred (OM2017/355). MOTION That, on behalf of the Shire, the Shire President writes to the Minister for Fisheries to instigate a ban on the use of spearguns in Gnarabup Bay. MOTION CR LANE, CR EARL That, on behalf of the Shire, the Shire President writes to the Minister for Fisheries to instigate a ban on the use of spearguns in Gnarabup Bay.

0/0 Cr Lane moved the following amendment: AMENDMENT / COUNCIL DECISION CR LANE, CR EARL OM2018/17 That the following wording be added: ‘and restrictions on jet skis, either local council or state government imposed, in both Gnarabup and Cowaramup Bays.’

CARRIED 7/0 REASON To include investigation into jet ski restrictions. This then became the primary motion: PRIMARY MOTION / COUNCIL DECISION CR LANE, CR EARL OM2018/18 That Council requests the CEO investigate the possibility of a ban on spear fishing in Gnarabup Bay and restrictions on jet skis, either local council or state government imposed, in both Gnarabup and Cowaramup Bays.

CARRIED 7/0 12.2 Refugee Welcome Zone – Support for Western Australia’s Palm Sunday Walk for Justice – Cr Pauline McLeod On 9 January 2018, the Acting Chief Executive Officer received notification from Cr McLeod of her intention to move the following motion: MOTION As a Refugee Welcome Zone Council, our Shire join other Refugee Welcome Zones in Western Australia and show support for Western Australia’s Palm Sunday Walk for Justice on Sunday 25th March organised by the Uniting Church of WA by the provision of our Shire’s logo to show our support for the event. MOTION / COUNCIL DECISION CR MCLEOD, CR GODDEN OM2018/19 As a Refugee Welcome Zone Council, our Shire join other Refugee Welcome Zones in Western Australia and show support for Western Australia’s Palm Sunday Walk for Justice on Sunday


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25th March organised by the Uniting Church of WA by the provision of our Shire’s logo to show our support for the event.

CARRIED 7/0 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING Nil

14. NEW BUSINESS OF AN URGENT NATURE 14.1. Members

Nil

14.2. CEO Nil 15. CONFIDENTIAL BUSINESS

Nil 16. CLOSURE OF MEETING The Shire President thanked all in attendance and declared the meeting closed at 8.14pm.

Documents

Ordinary Council - Shire of Augusta-Margaret River · 2018-01-25 · Corporate and Community Services, Ms Annie Riordan . The Director Corporate and Community Services disclosed an