adopted report governance & administration committee meeting · 6/21/2016 · 1 oceo...

718 Adopted Report

of the

Governance & Administration Committee Meeting

held

Tuesday 21 June 2016 at

9am

City of Gold Coast Council Chambers 135 Bundall Road Surfers Paradise

718th Council Meeting 24 June 2016 2 Governance & Administration Committee Meeting 21 June 2016 Adopted Report

Index Adopted Report

Governance & Administration Committee Meeting Tuesday 21 June 2016

Item Direct. File Page Subject

1 OCEO LG115/1328/01/2016(P1) 6 Governance And Administration Committee Action List And Forward Planning Schedule

2 CS CS433/408/07(P1) 8 Management Of Trees On Council Land Policy

3 CS LG426/1174(P2) 30 Nomination From City Of Gold Coast For Darling Downs - Moreton Rabbit Board

4 OS HR829/02(P1) 44 Travel And Travel Related Expenses Councillors And Staff 1 January – 31 March 2016

5 OCEO LG113/580/20(P1) 52 Operational Plan 2015-16 Corporate Performance Report Quarter Three

6 OS LG314/254/16/039(P1) 57 Contract No. LG314/254/16/039 - Stormwater Relining Program 2016-2018

7 OS LG314/411/16/034(P4) 63 Contract No.LG314/411/16/034 - Trustee Permit To Operate Markets On Council Controlled Land

8 OS LG314/690/17/004(P1) 72 Contract No. LG314/690/17/004 - Supply And Delivery Of Cationic Rapid Setting Bitumen Emulsion

9 OS LG314/621/16/100(P1) 78 Contract No. LG314/621/16/100 - Principal's Engineer For The Long Term Recycled Water Release Plan

10 OS LG314/690/16/030(P1) 85 Contract No. LG314/690/16/030 - Vegetation Maintenance At Waste And Recycling Centres And Landfills

11 OS LG314/411/16/019(P2) 92 Contract No. LG314/411/16/019 - Supply And Delivery Of Industrial Hardware Cleaning Products And Personal Protective Equipment

12 OS LG314/411/16/035(P3) 107 Contract No. LG314/411/16/035 - Collection, Transportation And Processing Of Bulk Green Waste From Waste Management Facilities

13 OS LG314/-/-(P5) 118 City Contracting Plan 2016-17

14 OS PN163893/20/03(P2) 174 Proposed Lease Extension - Part Of Council Freehold Lot Comprising The Stapylton Landfill Site - LMS Energy Pty Ltd

718th Council Meeting 24 June 2016 3 Governance & Administration Committee Meeting 21 June 2016 Adopted Report

Item Direct. File Page Subject

15 OS PN327338/20/03(P2) 178 Proposed Broadwater Parklands Lease - Cafe And Restaurant Facility In Existing Pavilion

Closed Session

16 OS PN93697/16/CF(P1) 187 Application For Purchase - City Freehold Lot 6 On RP844070, Remembrance Drive, Surfers Paradise

KEY: OCEO - Office of the Chief Executive Officer CI - City Infrastructure GCW - Gold Coast Water CS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects PE - Planning & Environment

718th Council Meeting 24 June 2016 4 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ADOPTED BY COUNCIL 24 JUNE 2016 RESOLUTION G16.0624.027 moved Cr Owen-Jones seconded Cr Caldwell That the Report of the Governance & Administration Committee Recommendations of Tuesday, 21 June 2016, numbered GA16.0621.001 to GA16.0621.015, be adopted with the exception of:- Recommendation Numbers GA16.0621.007 and

GA16.0621.012 which were specifically resolved.

CARRIED (Item 16 was resolved separately) ATTENDANCE Cr W M A Owen-Jones (Chairperson) Cr D I McDonald Cr D Gates Cr K L Boulton Cr D M Crichlow OAM Cr G M Tozer Cr P A Taylor departed at 10:29am Visitor Cr P C Young Cr G J Baildon AM Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr G Potter Director Organisational Services Mr B Madden Manager Property Services (part) Ms S Wilton Manager Corporate Planning & Performance (part) Mr P Morichovitis Chief Procurement Officer (part) APOLOGY / LEAVE OF ABSENCE Nil PRESENTATIONS Nil

718th Council Meeting 24 June 2016 5 Governance & Administration Committee Meeting 21 June 2016 Adopted Report The information below is extracted from the Procurement Policy and Guidelines. Refer to the Policy and Guidelines for complete details.

QUOTATIONS TO LOCAL BUSINESSES FOR CONTRACTS WORTH LESS THAN $200,000 (EXCLUDING GST) If the best value pricing submission is not from a Gold Coast business or business with a branch office on the Gold Coast and there is a Gold Coast business or business with a branch office on the Gold Coast directly employing a minimum of 10 FTEs with a pricing submission within:

30 per cent of the best value pricing submission for quotations up to $50,000, 25 per cent of the best value pricing submission for quotations between $50,000 and

$100,000, 20 per cent of the best value pricing submission for quotations between $100,000 and

$200,000,

then the Gold Coast business or business with a branch office on the Gold Coast directly employing a minimum of 10 FTEs submission will be deemed to be more advantageous and this supplier chosen.

TENDERS FOR CONTRACTS WORTH MORE THAN $200,000 (EXCLUDING GST) Local Content Scoring for Tenders Weighting % Score Description

15 100% 15 Developing or established Gold Coast business

15 80% 12 Branch office on the Gold Coast directly employing a minimum of 10 FTEs

15 60% 9 Branch office on the Gold Coast, established for a minimum of six months, directly employing less than 10 FTEs

15 27% 4 Adjacent local government (Logan, Scenic Rim, Redland or Tweed Shire) business 15 13% 2 Queensland business 15 7% 1 Interstate business 15 0% 0 Overseas business

Gold Coast Business Excellence Awards Scoring for Tenders Weighting % Score Description

2 100% 2 A winner of the Gold Coast Business Awards within the past 4 calendar years

2 50% 1 A finalist of the Gold Coast Business Awards within the past 4 calendar years 2 0% 0 All other businesses

Where a tenderer has qualified for the Gold Coast Business Excellence Awards’ Hall of Fame and as a result is not eligible to enter the annual awards, this tenderer will score full points (i.e. 2 out of 2). TENDERS LEADING TO CONTRACTS WITH AN ANNUAL VALUE BETWEEN $200,000 AND $1,000,000 (EXCLUDING GST) Council will provide a 15 per cent pricing advantage to Gold Coast businesses or businesses with a branch office on the Gold Coast directly employing a minimum of 10 FTEs.

718th Council Meeting 24 June 2016 6 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 1 OFFICE OF THE CHIEF EXECUTIVE OFFICER GOVERNANCE AND ADMINISTRATION COMMITTEE ACTION LIST AND FORWARD PLANNING SCHEDULE LG115/1215/01/2016(P1) Item Action Officer &/or

Branch Action/Previous Resolution

(719) Governance and Administration Committee 21 July 2016

Contracts Awarded under Delegated Authority – 1 January 2016 to 30 June 2016

Procurement

Contract No. LG314/411/16/001 - Supply and Delivery of Office Products

Procurement

Contract No.: LG314/411/16/035 – Collection and Transportation of Bulk Green and Food Waste including the Food Waste Treatment Services

Procurement

Contract No. LG314/690/16/061 – Lifeguard Surveillance Tower Maintenance

Procurement

Contract No.: LG314/690/17/001 – Pressure Cleaning of Footpaths

Procurement

Contract No.: LG314/690/16/062 – Lift Maintenance of Council Buildings

Procurement

Contract No. LG314/411/16/001 - Supply and Delivery of Office Products

Procurement

(720) Governance and Administration Committee 4 August 2016

Contract No. LG314/254/17/001 – Kerb and Channel and Associated Works

Procurement

Contract No: LG314/254/16/062 – Water Sensitive and urban design and waterbody assets

Procurement

Contract No.: LG314/690/17/002 – Christmas Decorations and Banners

Procurement

Contract No. LG314/1185/16/004 – Support and Ongoing Enhancement of Sewer and Water SCADA Systems

Procurement

(721) Governance and Administration Committee 18 August 2016

LG314/411/16/021 Management Services for City of Gold Coast Tourist Parks

Procurement Confidential Report

Contract No. LG314/690/16/035 – Cleaning Of New Venues – Coomera Indoor Stadium & Carrara Sports And Leisure Centre

Procurement

Contract No. :LG314/690/16/034 – Event Security Crowd Control Bag Check Accreditation Checks

Procurement

RECOMMENDATION It is recommended that Council resolves as follows:

That the list of proposed Agenda Items for the Governance and Administration Committee be noted. Authorised by: Joe McCabe Chief Operating Officer TRACKS REF: # 54648256

718th Council Meeting 24 June 2016 7 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 1 (Continued) GOVERNANCE AND ADMINISTRATION COMMITTEE ACTION LIST AND FORWARD PLANNING SCHEDULE LG115/1215/01/2016(P1) COMMITTEE RECOMMENDATION GA16.0621.001 moved Cr Tozer seconded Cr McDonald That the list of proposed Agenda Items for the Governance and Administration Committee be noted.

CARRIED

718th Council Meeting 24 June 2016 8 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 COMMUNITY SERVICES MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) Refer: Attachment 1 Management of Trees on Council Controlled Land Policy Attachment 2 Visual Tree Assessment Form 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT To consider amendments to the management of Trees on Council Controlled Land Policy. 4 PREVIOUS RESOLUTIONS Ex minute GA16.0303.021 refers 1 That the Management of Trees on Council Controlled Land Policy be reviewed to

ensure that all relevant factors (including tree health, potential liability and insurance matters, public safety, actual or potential traffic and pedestrian hazards) are given due consideration in order to achieve the most appropriate outcome when determining whether a tree should be removed from Council controlled land.

2 That a report be presented to Council via the Governance, Administration and Finance Committee on the outcome of the review, identifying any recommended policy amendments to achieve the appropriate outcome referred to in (1) above.

5 DISCUSSION The Management of Trees on Council Controlled Land Policy has been in effect since its last major review by Council in September 2014. The policy discusses the criteria for tree removal which includes factors such as tree health and behaviour, species, liability, traffic and pedestrian hazards, amongst other things. It further discusses unacceptable criteria for tree removal. There are often diverse views of residents with regard to tree removal or retention. In response, the policy outlines a decision review process which includes an independent appraisal to assist Council to make a final decision regarding a proposed tree removal. It is considered that this process is essential in managing trees in the city, as it provides Council with the foundation for informed decision making. Without this, Council may lack adequate justification for retaining or removing trees. Officers representing Council’s management areas for urban trees, insurance and policy development have reviewed the policy and agreed it adequately addresses factors required to make informed decisions regarding tree removals / retention in line with the above listed factors contained in Council’s resolution (GA16.0303.021). Where tree matters are the subject of insurance claims, these will be dealt with directly between Parks & Recreational Services as the asset custodian of trees and Council’s Insurance section. If required the decision review process outlined within the policy will be used.

718th Council Meeting 24 June 2016 9 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) Attachment 1 is a copy of the current Management of Trees on Council Controlled Land Policy. Attachment 2 includes a checklist available to staff when undertaking tree assessments. In consulting councillors regarding the recent resolution to review the subject policy, it revealed that the more specific issue related to the process for addressing trees on leased areas. On occasions trees on land leased from Council are drawn to our attention under this policy. It should be noted that there are very few areas with trees that are under lease. Where it is determined a tree should be removed, the lessee is informed and requested to take necessary action to remove what can often be a safety hazard. This initial approach is taken as the lessee is legally responsible for the maintenance of a leased area. In some circumstances the lessee may not have the resources required to fund a tree/s removal and seek Council support. Where the Divisional Councillor wishes to support the lessee under these circumstances, the option exists to use their Divisional Allocation as a Community Facility Contribution under Council’s Community Grants Policy. Delegations and authorisations are in place to expedite the monetary allocations required to effect a ready tree removal especially where safety is paramount. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN 1.2 We live in balance with nature We manage quality rural and urban living while looking after the future of the city’s rainforest, bushland, waterways and open space. 7 COMMONWEALTH GAMES IMPACT Not applicable 8 FUNDING AND RESOURCING REQUIREMENTS Initial tree removal assessments are carried out by internal resources. Where occasional independent third party assessments are carried out, these are funded by Council’s Tree Maintenance budgets. The City budgets for tree removal on Council controlled lands, however such budgets exclude leased areas. It is considered that if the city undertook tree works on leased areas that may have the potential to generate further requests for assistance (e.g. mowing, cleaning, repairs) and over time generate requests from multiple other lessees expecting similar levels of service. 9 RISK MANAGEMENT The subject policy includes a risk management methodology. 10 STATUTORY MATTERS The policy makes reference to appropriate legislation to assist in its execution.

718th Council Meeting 24 June 2016 10 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) 11 COUNCIL POLICIES The Management of Trees on Council Controlled Land Policy references other related policies to assist in its execution. In respect to leased areas, Council Leasing Policy – State Reserves and Council Freehold Land for Sporting, Recreational, Community Services and Educational Purposes states: 12. MAINTENANCE OF LEASED PREMISES (1) The Lessee shall, at the Lessee’s cost, maintain all improvements within the leased area so as to enable those improvements to be utilised for the purposes permitted under the lease. Council’s Community Grants Policy states: Leaseholder organisations can request funding assistance either via the relevant asset custodian or Divisional Councillor. 12 DELEGATIONS A number of appropriately qualified staff holds the following delegated power: Delegation DEO1907 refers: To make tree assessments and determine tree removal requests on Council controlled land in accordance with the provisions of the Management of Trees on Council Controlled Land Policy. Condition: on-delegation by CEO requires delegates have appropriate qualifications and/or experience in tree management. 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

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

Manager Park & Recreational Services

Community Services Yes

Coordinator Parks & Open Space Services

Community Services Yes

Coordinator Corporate Governance & Policy

Office Of CEO Yes

Coordinator Insurance Office of CEO Yes 14 STAKEHOLDER IMPACTS Decisions with regard tree removals often involve liaison with external stakeholders who can have strong views with regard tree removal or retention. Using qualified and accredited city officers and the option for a qualified third party assessment has been beneficial in reaching informed decisions and which in turn are more generally accepted by the community. 15 TIMING The times taken for tree assessments can vary, however, where safety is issues are a concern these assessments are given high priority.

718th Council Meeting 24 June 2016 11 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) 16 CONCLUSION Upon review of the subject policy, it is considered that relevant factors (e.g. tree health, potential liability and insurance matters, public safety, actual or potential traffic and pedestrian hazards) are contained within the policy in order to achieve the most appropriate outcome when determining whether a tree should be removed / retained on Council controlled land.

The policy also provides for a decision review process and that assists Council in making informed tree removal decisions where initial decisions may be challenged.

Where a Councillor wishes to provide financial support to a lessee to execute tree works, the option exists to use Division Allocations through a Community Facility Contribution.

17 RECOMMENDATION It is recommended that Council resolves as follows: That the report be noted. Author: Authorised by:Ross Greenwood Colette McCool Executive Coordinator Parks Director Community Services 18 May 2016 TRACKS REF: #54048582 COMMITTEE RECOMMENDATION GA16.0621.002 moved Cr Owen-Jones seconded Cr Gates That the report be noted.

CARRIED UNANIMOUSLY

718th Council Meeting 24 June 2016 12 Governance & Administration Committee 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) Attachment 1 Management of Trees on Council Controlled Land Policy

DETAILS Council Admin Effective from: September 2014 Contact officer: Coordinator Parks and Open Spaces Services Next review date: July 2020 File reference: CE196/423/05 iSpot #

This policy 23743572 Value Proposition 48378993

OBJECTIVES AND MEASURES Objectives In regard to trees on Council of the City of Gold Coast (Council)

controlled lands ensure public safety preserve and protect trees ensure minimal disruption to roads and infrastructure facilitate a consistent and coordinated approach to operational

procedures and best practices. Performance Measures In regard to trees on Council controlled lands

number of incidents of public safety and/or disruption to public infrastructure and/or private property.

annual number of complaints number of litigations against Council

Risk assessment Low

POLICY STATEMENT Council of the City of Gold Coast (Council) is committed to preserving and maintaining the City’s valued urban forest, as well as providing adequate tree growing space in its built environment. Every effort will be made to preserve and protect existing trees within road reserves and parks until such time as tree removal is appropriate. Attachment A – Standards and Procedures for Managing Trees on Council Controlled Land is to be read in conjunction with statutory requirements and forms the basis for consistency among Council employees and contractors in decision making, resource allocation and overall tree management. The Australian Standards (AS4970-2009: Protection of Trees on Development Sites) is to be utilised for determining the most appropriate measures for the protection of worthy tree specimens on Council controlled lands by a suitable qualified Arborist. A Significant Tree Register will be managed and maintained by the Manager Parks and Recreational Services. The purpose of this register is to identify and recognise significant trees on Council controlled lands and that will duly influence their management and protection for future generations. Tree asset maintenance work will be prioritised in the following order to facilitate decision making and direct prioritisation of resources:

1. risks to public safety 2. risks to property or infrastructure 3. hazard reduction, fire safety and/or storm clean up 4. genuine nuisance issues 5. establishing and maintaining healthy and structurally sound trees 6. maintaining semi-natural habitat for wildlife


All trees proposed for removal are to be assessed by a suitable experienced/qualified Arborist. A tree which has a diameter greater than six hundred (600) millimetres at 1.3 metres above natural ground level and/or a highly significant classification (Appendix 1) which does not pose an immediate risk of failure requires an escalated level of approval (section 5.3 of the policy – Tree works requiring approval) for any related tree works. In the case of emergencies the assessment/s are to be documented and forwarded to the relevant asset custodian. Tree removal works on Council controlled land is to be undertaken by Council officers or an approved Council contractor or where approval has been gained via operational works upon consent of the asset custodian.

SCOPE The policy provisions apply to the management of all trees under Council’s direct responsibility on Council controlled lands (i.e. parks, natural areas, dunal areas, cemeteries, tourist parks, urban precincts, road reserves, parks and open spaces). The policy provisions do not apply to trees on privately owned land.

DEFINITIONS Arboriculture is the cultivation, management, and study of individual woody plants/trees. It is both a practice and a science. Asset Custodian is responsible for ensuring that assets under their custodianship are managed and maintained according to the Councils policies and standards. Australian Qualification Frameworks (AQF) is a quality assured national framework for education and training. It provides nationally recognised and endorsed qualifications through a competency based training system. Clonal propagation is the reproduction via vegetative means from the parent plant to duplicate the parent plant. Consulting Arborist (internal or external) is a technical specialist in the cultivation and care of trees, including tree surgery, diagnosis, treatment, and prevention of tree diseases including the control of pests with a minimum qualification of AQF level 5, with a minimum 3 years consulting experience including tree hazard assessment and report, to a standard that satisfies Council. Council – Council of the City of Gold Coast. Council controlled land is land under Council freehold ownership or Crown Land managed by Council under trust BUT NOT (1) State and Federal controlled reserves (e.g. National Parks, State Forests) or (2) bush-land areas subject to Council’s ‘fire management’ strategies. Delegated officer is a person suitably qualified, appointed by the CEO, and holding the appropriate delegated power to provide approval on behalf of Council. Impervious surface is a surface which is not permitting, penetrating or passage; impermeable. Merchantable tree has harvest timber suitable for milling and/or woodworking purposes. Pervious surface is a surface which has the ability for admitting of passage or entrance; permeable.


Public Open Green Space generally refers to land that is undeveloped and is accessible to the public. Road Reserve generally refers to the area between the private property boundary and the road kerb. Rural road is a road with no kerb and channel. Spotter Catcher is any person holding a current rehabilitation permit licence under the Qld Nature Conservation Act 1992. The permit authorises the holder to take a protected animal other than a Koala, whose habitat is about to be destroyed by human activity. Tree register: is the gathering of accurate information on the health, structure, risk levels and diversity of the community forest. Trade Arborist (internal or external) is a suitable experienced person with a minimum qualification of AQF level 3 in Arboriculture, who has a detail understanding of tree pruning/surgery principles. Tree is a woody plant equal to, or in excess of 75mm diameter measured at 1.3m at natural ground level. An urban tree may be either a native or non-native species and is expected to exceed 3m in height under normal growing conditions, typically with a single dominant trunk. Tree Worker (internal or external) is a suitable experienced person with a minimum qualification of AQF level 2 in Arboriculture. Urban forest is the sum of all trees and associated vegetation in and around dense human settlements which are managed for the purpose of improving the urban environment.

RELATED POLICIES AND DELEGATIONS City of Gold Coast Planning Scheme (PS) 03 – Version 1.2 Chapter 36 Vegetation Management Code Local laws 6, 7, 8, 9, and 11 and Local law policies 7.4, 9.1 and 9.2. (Council of the City of Gold Coast) Park Usage Policy (Temporary Park Occupation and Traverse for Construction Purposes PS Policy 12 Landscape Strategy Part 1 – Landscape Character: Guiding the Image of the City PS Policy 13 Landscape Strategy Part 2 – Landscape Works Documentation Manual Delegation - The CEO and his appointed officers are delegated the power to make tree assessments and determine tree removal requests on Council controlled land in accordance with the provisions of the Management of Trees on Council Controlled Land Policy .

LEGISLATION Queensland Environment Protection Act 1994 Queensland Land Act 1994 Queensland Local Government Act 2009 Queensland Nature Conservation Act 1992

SUPPORTING DOCUMENTS Australian Standards (AS 4373-2007, Pruning of Amenity Trees) Australian Standards (AS 4970-2009, Protection of Trees on Development Sites) Engineering Services Standard Operating Procedures Manual Landscape Strategy Part 3 – Information Sheets Attachment A-Standard and Procedures for Managing Trees on Council Controlled Land

Appendix 1-Tree Classification Table Appendix 2 – Individual Tree Risk Rating Methodology for Urban Trees Appendix 3 Recoverable Timber Process


RESPONSIBILITIES Community Services Director Community Services Owner Manager Parks and Recreational Services

VERSION CONTROL Document Date Approved

Amendment

23743572 v4 27.03.15 COO refer ispot #48378993 Minor amendment Appendix 2 – previous Risk Rating methodology has been reversed

23743572 v3 17.09.14 COO #45687890 Include appendix 2 – Individual Tree Risk Rating Methodology for Urban Trees

23743572 v2 03.12.2013 CC13.1121.007/G13.1203.012 Adopted major change

23743572 v1 02.12.1999 R99.1202.006/ G99.1210.026

718th Council Meeting 24 June 2016 16 Governance & Administration Committee 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1)

Management of Trees on Council Controlled Land Policy Attachment A – Standard and Procedures for Managing Trees on Council Controlled Land

GUIDING PRINCIPLES Council’s urban forest is made up of trees and associated vegetation within streets, parks and open space areas, covering an area of approximately 1400 square kilometres, with a growing residential population of around 520,000 people. The Gold Coast region remains one of the most bio-diverse, with woodland, marine and freshwater habitats being home to more than 604 native animals and 1672 native plant species. Aside from the habitat value trees provide, they are also valued for their shade, scenic amenity, natural cooling, carbon storage/sequestration, capital enhancement and contribution to water quality and erosion control. It is within the framework of this policy to protect Council controlled trees from needless removal with every effort being made to preserve and protect existing trees. The guidelines and supporting procedures in conjunction with statutory requirements form the basis for consistent Council decision making, resource allocation and over-all tree management. The delivery of the Management of Trees on Council Control Land Policy will be primarily through six (6) key areas:

1. Tree protection 2. Tree planting and selection 3. Tree asset management 4. Tree removal 5. Tree removal process and authorisation 6. Salvaging valuable timber

1.0 TREE PROTECTION The safeguard of trees will be given high priority in all aspects of Council’s activities.

1.1 Significant Tree Register Council will recognise and protect trees/vegetation that contribute to the environmental, cultural and social character of the city through the development of a Significant Tree Asset Register (includes proposed heritage/highly significant tree register) utilising the criteria outlined in Appendix 1 (Tree Classification Table). The Significant Tree Register will be managed and maintained by the Parks and Recreational Service Branch.

1.2 Tree retention Trees are to be protected from activities that are likely to have an adverse effect on tree health, structure and long term viability. The Australian Standards (AS 4970-2009, Protection of Trees on Development Sites) is to be utilised for determining the most appropriate means of protection for worthy tree specimens utilising the criteria outlined in Appendix 1 (Tree Classification Table) throughout the following stages of construction/development:

site investigation and survey design and documentation construction and monitoring



2.0 TREE PLANTING AND SELECTION Proposed tree planting will be consistent with the landscape character of the locality and form alliance with Council’s current Land Development Guidelines and Landscape Strategies. Tree planting and selection will engage with the unique qualities of the City’s natural and built environment such as the diversity of landforms and ecosystems, locally unique flora and fauna, indigenous culture and post European settlement heritage as well as the resort lifestyle, beaches, canals, waterways and contemporary urban values. Tree/palm species will be selected for planting based on site suitability, aesthetics, functionality, biological attributes, performance and potential to contribute to the urban forest. All proposed tree planting activities require consultation and approval from the asset custodian. 2.1 Tree planting and species selection for Road Reserve Environments

promote tree lined roads, including feature tree/palm specimens (native or exotic)

contribute to local streetscape quality, storm water management, foot/bike-path and bus stop shade coverage

concentrate on strategic whole-street planting along the entire street in preference to more costly individual plantings

encourage community involvement in juvenile tree care activities

encourage collaboration and develop innovative design approaches and green engineering that provides improved available water infiltration and soil volumes

enhance heritage character streetscapes

consideration of CPTED principals

2.2 Tree planting and species selection for Public Open Green Spaces (Parks)

conserve and enhance historically significant plantings

promote shade and amenity at picnic nodes, spectator areas, playgrounds, car parks and along pedestrian and cycle routes

offer opportunities for education and help to promote human health

use the placement and grouping of trees/palms to minimise maintenance and risk exposure

enhance and protect habitat and waterways

encourage community involvement in tree planting and tree care activities

Note: while endemic tree species are the most appropriate for restoring habitat, some non-native species are part of the landscape character and botanical history of the Gold Coast’s urban forest. Council will only use quality nursery stock which is based on AS2303-2013 Trees shall be a minimum 45 Litre at planting (excluding natural area restoration activities where tube stock or similar is preferred) and all trees planted are subject to a planned establishment programme for a minimum period of twelve (12) months from installation to ensure long term survival. Trees deemed to have not survived shall be replaced with new tree(s) of the same size at time of original planting. Replacement tree(s) shall comply with the same maintenance and replacement warranty as the original replacement tree(s) and the warranty period will continue for the remainder of the maintenance period (12 months).



3.0 TREE ASSET MANAGEMENT The urban forest is a living asset subject to growth and decay. As an asset it will be managed by adopting a holistic approach that plans for maintaining and renewing the vegetation within appropriate levels of service. The magnitude of tree works will depend on, but not be limited to, the following factors:

tree risk tree health tree structure tree species tree location tree classification (see Appendix 1)

3.1 Tree pruning Tree pruning will be undertaken by a suitable qualified person (Trade Arborist - AQF Level 3 or above) and in accordance with Australian Standards (AS 4373-2007: Pruning of Amenity Trees) to help promote tree health and structure. Where appropriate, Council will formatively prune juvenile trees to assist in the creation of a more suitable tree form, minimise the potential for future liability and reduce associated maintenance costs.

3.2 Pests and disease Council endeavours to implement best practice and techniques for tree related pest and disease control. Wherever possible Council

minimises the use of chemical controls promotes plant health care practices that focus on improvements to the soil and plant ecosystem monitors the performance and health of the urban tree population

3.3 Tree root management A healthy tree relies on a strong and active root system. Wherever reasonably possible and appropriate Council

avoids interfering with tree roots provides adequate space for both current and future tree root growth actively manages the below ground environment to help improve the growing conditions for tree

roots and associated soil biology reduces impacts caused by tree roots introduces soil mediums and techniques to facilitate healthy sustainable tree growth

Note: interference with tree roots must always be the last resort.

3.4 Tree maintenance Tree asset maintenance work is prioritised in the following order to facilitate decision making and direct prioritisation of resources:

1. risks to public safety 2. risks to property or infrastructure 3. hazard reduction, fire safety and/or storm clean up 4. genuine nuisance issues 5. establishing and maintaining healthy and structurally sound trees 6. maintaining natural habitat for wildlife



4.0 TREE REMOVAL In all tree removal requests Council explores all possible options for tree preservation. Removing a valued, healthy, structurally sound, functional tree should only be considered as a last resort.

Note: where trees have important/heritage value or uniqueness, clonal propagation is to be utilised where tree removal is deemed necessary. It is acknowledged that public safety is paramount, however, it is desirable to protect selected hollow bearing trees given they provide a range of habitat characteristics that are essential components of other plants and animal life cycles. This may be achieved by incorporating appropriate setbacks, landscaping and/or fencing to limit access and mitigate the associated risks to an acceptable level.

Note: for pre assessment of habitat trees before and during removal (if required) a DEHP (Department of Environment and Heritage Protection) approved Spotter Catcher is required.

4.1 Criteria for tree removal There are many reasons why trees may need to be removed and requests for removal are considered on a case by case basis. All trees proposed for removal are required to be assessed by a suitably experienced/qualified arborist considering the following criteria for tree removal: Tree health and longevity are to be considered when assessing the subject tree for removal against the following criteria: Where the tree:

is in irreversible decline, dead, or irreparably diseased or where the structural integrity of the subject tree has been compromised, and now poses an unacceptable level of risk to person or property, as determined by Council’s Individual tree risk rating methodology for urban trees.

cannot be reasonably managed by moving the object or managing the subject tree through

industry accepted arboricultural practices and offers little amenity value (except in an open space area where a declining or dead tree may provide nesting opportunities, and /or other habitat to associated organisms.

Tree behaviour and ongoing property damage are to be considered when assessing the subject tree for removal against the following criteria: Where the tree or roots or other parts of the subject tree:

are demonstrated to be causing measurable damage or safety concerns, to a person or property, or proven recurrent nuisance and cannot be abated, nor further damage be prevented in the near future applying industry accepted arboricultural practices, or reasonable redesign.

Tree species are to be considered when assessing the subject tree for removal against the following criteria: Where the tree is:

a species which qualifies for removal under the Memorandum of Understanding (MoU) between Council and Energex in relation to managing trees under or adjacent to power lines, or

recognised as a state declared pest plant species, poisonous or identified as an environmental weed within the Environmental weeds of the Gold Coast booklet, or

not a Council recommended species or not planted in accordance with Council’s Landscape Strategy, and satisfying at least one other criteria from removal.

Note: the removal of identified weed tree species which are providing significant landscape amenity or which have cultural and/or heritage values will be considered on a case by case basis by the asset



custodian’s Arborist in consultation with the local area Councillor. If a weed species is removed it will be replaced with an appropriate Council approved species. Traffic and pedestrian hazards are to be considered when assessing the subject tree for removal against the following criteria: Where the tree is:

blocking traffic signage or signals, needs to meet the Australian Standard, (AS1743 – 2001, Road Signs – Specifications). Road Signage that cannot be mitigated by moving the sign or ongoing maintenance, tree pruning in a cost effective manner will be considered on a case by case basis by the asset custodian’s Arborist.

Shrubs are to be considered when assessing the subject tree for removal against the following criteria: Where:

a request is received to trim or remove a shrub on the footpath, and it is not a recognised/ Council approved species or significant plant/planting. It is desirable for the Council officers to pursue the removal of the shrub and replace it with a suitable tree that meets Council’s planting guidelines/standards.

4.2 Unacceptable criteria for tree removal Tree removal is not justified where minimal remedial tree pruning or root/soil management options would avoid genuine nuisance or liability whilst retaining the natural treescape, and where tree maintenance activities are a valid alternative. The following reasons do not justify tree removal:

private landholders personal preference is for no tree to be present, or leaf, flower, fruit drop, and minor stick deadwood or shading of dwelling or landscape elements, or improvement of views from private property, or solar access - where reasonable solar access can be provided by better positioning of solar

capture devices, or the subject tree/palm pre dates the solar device, or TV, radio, satellite reception – where reasonable access can be provided by better positioning of

the device(s), or the subject tree/palm pre dates the TV, radio, satellite antenna, or swimming pools where tree parts (leaf, seed, etc.) are effecting the pool area or filtration system

where reasonable covering and/or devices can be employed, or tree is providing habitat for permanent or temporary shelter for animals, provide breeding sites,

provide forage or provide refuge from predators, or views to advertising billboards/signage.

4.3 Negotiated outcomes Where the proposed tree removal does not meet the criteria outlined in 4.1, or the subject tree is classified as highly significant, a negotiated outcome is required in consultation with the asset custodian. An example is capital works program where the subject tree is in conflict with approved future works (such as major roads and drainage projects) where all other design, construction and relocation alternative options have been exhausted. Where the subject tree cannot be abated or remedied to avoid genuine nuisance or liability as outlined in 4.2, and the interference is determined as substantial and unreasonable, a negotiated outcome is required with the asset custodian. The asset custodian will explore (“the plaintiff”)’s right to the use and enjoyment of their land and consider things like the locality of the tree, the duration, frequency of land use or extent of the interference of the time of day.



5.0 TREE REMOVAL PROCESS AND AUTHORISATION A significant tree (see Appendix 1) or trunk Diameter greater than 600mm measured at 1.3.m above natural ground level) removal or pruning requests that are likely to result in a significant canopy loss (more than 30%), will be enhanced by community consultation and aiming to highlighting the reasons for tree removal or excessive pruning in consultation with the asset custodian and local Councillor. Tree removal works on Council controlled land must be undertaken by Council or an approved Council contractor or where approval has been gained via operational works upon consent from the asset custodian.

5.1 Tree Assessment To achieve policy objectives and fulfil Council’s obligations and commitments to ensuring compliance with the values presented within Australian Standards (AS 4373, Pruning of Amenity Trees), and Australia Standards (AS 4970-2009, Protection of Trees on Development Sites), Council requires the following qualifications for any person undertaking tree assessments/tree surgery/general tree works which are subject to the provision of this policy.

assessment and specifications of appropriate tree works are to be carried out by a person with minimum AQF level 5 (Consulting Arborist – internal or external), in Arboriculture or equivalent recognized knowledge, skills and experience to a standard that satisfies Council.

supervision of any specified tree root pruning works within the Structural Root Zone (SRZ) are to be undertaken by a person with minimum AQF level 5 (Consulting Arborist – internal or external), in Arboriculture or equivalent recognised knowledge, skills and experience to a standard that satisfies Council.

supervision of any of the specified above-ground tree works to be undertaken by a person with minimum AQF level 3 (Trade Arborist – internal or external), in Arboriculture or equivalent recognised knowledge, skills and experience to a standard that satisfies Council.

5.2 Tree removal delegation Tree removal must be approved by a delegated Council officer.

5.3 Tree works requiring consent A tree which has a diameter greater than six hundred (600) millimetres at 1.3 metres above natural ground level and/or a highly significant classification (Appendix 1) which does not pose an immediate risk of failure requires approval from asset custodian for any related tree works. In the case of emergencies the assessments are to be documented and forwarded to the relevant asset custodian.

5.4 Decision Review The following process will act as a catalyst to facilitate an appeal process under the guidance of The Manager, Parks and Recreational Services or delegate.

Step one: Objections to a delegated Council officers’ finding will be escalated to the Director of Community Services together with all other relevant information.

Step two: An external independent arboricultural consultant will be engaged for a professional opinion, together with all other relevant information which is to be completed within 2 weeks.

Note: before selective tree removal can is resolved by Council the standardised procedures for a decision review (step one and step two) must be followed to ensure the Council’s opposition to or support has adequately been appraised.



6.0 SALVAGING VALUABLE TIMBER On rare occasions merchantable trees are removed on Council controlled lands. Prior to the removal of a tree, the delegated Council officer may deem the subject tree as suitable for salvage timber purposes. The delegated Council officer is required to consult with the local area Councillor and local interested community groups and allocate the timber to the local community groups on a responsible rotational basis. All requirements for merchantable timber to be salvaged on Council controlled lands will be evaluated and negotiated on a case by case basis in conjunction with Council and the approved nominated tree contractor, including specifications for removal, cartage and collection in alliance with the timber recovery process as outlined in Appendix 2 (Timber Recovery Process).

7.0 CARBON SEQUESTRATION All parts of a tree capture carbon dioxide (CO2) from the atmosphere and store it. The capture of CO2 will remain locked up within the tree until the relevant tree parts are destroyed and/or decompose to release the CO2 back into the atmosphere. The Significant Tree Register guides municipal forest management practices and aids Council in estimating the carbon storage/sequestration for a single tree or an entire area.

8.0 ENCROACHMENT OF PERMEABLE SPACE Trees are considered an important component of the city’s infrastructure. Impervious surfaces have major implications for urban hydrology, tree longevity and soil biodiversity. Impervious surface material located in the road reserves or within public open space which is not in accordance with the Land Development Guidelines and removes an opportunity for tree planting or reduces the soil permeability affecting an established tree requires design/engineering solutions to offset the loss or reduction of growing space. Any requirements for design/engineering solutions will be evaluated and negotiated on a case by case basis in conjunction with the applicant and relevant asset custodian.


Management of Trees on Council Controlled Land Policy Appendix 1 Tree Classification Table

Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue

Page 23 of 1

Tree Classification Rating

Biodiversity Functional/significance/other

(achieves 1 or more of the deliverables) Highly Significant

Endangered and vulnerable species. Endangered regional ecosystems (remnant and disturbed), Habitat trees

Heritage tree listed in the state heritage act

or Council of the City of Gold Coast Heritage Register;

Historical/memorial tree e.g. war, ceremonial tree planted by government or global leaders, or can be linked to the city’s earlier botanical planter/community social group

High aesthetic value- tree demonstrates high significance in size/colour and shade

High cultural value- linked to indigenous culture, current or earlier lifestyle.

Significant

Near threated species and native species of citywide significance as indicated on Council’s Flora & Fauna database Vulnerable and Of Concern Regional Ecosystems (remnant and disturbed) and Not of Concern Regional Ecosystems (remnant) Poorly represented vegetation community types (as defined by Council’s Vegetation Community Representation Project)

Moderate Aesthetic value - tree

demonstrates reasonable significance to size/colour and shade

Forms part of a recognised boulevard or landscape theme

Healthy and sound tree(s) which play a significant functional role to the local community and/or contributes to the over streetscape/landscape feature.

Desirable

Local native species Not of Concern Regional Ecosystems (disturbed) Well represented in the local area

Healthy and sound tree that contributes to

the streetscape or parkland

Un-desirable

Declared Pest Plan species, poisonous or identified within Council’s Environmental Weeds on the Gold Coast handbook weed species

Diseased or declining tree Undesirable species (weedy species) Not contribute to the overall streetscape or

park theme Presents additional conflict with the

infrastructure or safety that cannot be resolved through arboricultural treatment


Management of Trees on Council Controlled Land Policy Appendix 2 Individual Tree Risk Rating Methodology For Urban Trees

The following assessment outlines a process to quantify tree risks using information and techniques from nationally/internationally recognised tree assessment systems such as Visual Tree Assessment (VTA), and Tree Hazard Rating, and then applying that information to align with Gold Coast City Council’s Corporate Risk Management Policy and the International standard AS/NZS ISO 31000:2009 Risk Management – Principles and Guidelines.

Definitions: Hazard – a source or a situation with a potential for harm in terms of human injury or ill-health, damage to property, damage to the environment, or a combination of these. Trees are subject to decline and collapse, and can be physically damaged or invaded by harmful organisms. Risk – the likelihood that a harmful consequence (death, injury or illness) might result when exposed to the hazard. This will include the level of use of the areas surrounding trees, and the proximity of roads, buildings and other structures.

Likelihood Assessment Criteria

Almost Certain

The event is expected to occur in most circumstances, once a year or more frequently. The subject tree has considerable structural damage, unsupported active split trunk(s), unsupported splintered /hanging branches, and dead branches/trunks and therefore failure is almost certain to occur in most circumstances

Likely

The event will probably occur in most circumstances, between one (1) and three (3) years. The subject tree indicates signs of disproportionate lateral branch weight, decay threshold has been compromised, root damage, supporting heavily embedded included bark, supporting fractured branches, major declining branches/trunks and therefore failure is likely to occur in most circumstances

Risk Score Matrix Table Consequence

Likelihood Insignificant Minor Moderate Major Catastrophic

Almost Certain M 10 M 17 H 21 E 24 E 25 Likely L 5 M 12 M 18 H 22 E 23 Possible L 3 M 11 M 14 H 19 H 20 Unlikely L 2 L 6 M 13 M 15 M 16 Rare L 1 L 4 L 7 M 8 M 9 Extreme (23-25)

Extreme Risk: Intolerable. Exposure to these risks would normally be immediately discontinued except in extreme circumstances. Decision making authority ELT/Director

High (19-22)

High Risk: Intolerable without treatment. Exposure to these risks should be discontinued as soon as reasonable practicable until approved control measures are implemented. Decision making authority Risk Owner, Manager/Executive Coordinator

Medium (8-18)

Medium Risk: Tolerable with continual review. Exposure to these risks may continue provide it has been appropriately assessed and mitigated to as low as reasonably practicable (ALARP) Decision making authority Risk Owner, Manager, Executive Coordinator

Low (1-7)

Low Risk: Broadly Acceptable with periodic review. Exposure to these risks is acceptable by the relevant endorsing officer. Decision making authority Risk Owner, Coordinator, Supervisor



Possible The event might occur sometime, between four (4) and ten (10) years. Mature to aged tree specimen in declining condition, structure concerns, decay apparent, history of branch shedding, and therefore failure may possibly occur at some time

Unlikely The event could occur at some time, between eleven (11) and thirty (30) years. The subject tree appears healthy and has a potential to develop only minor deadwood and therefore failure is unlikely to occur except in exceptional circumstances

Rare The event may occur in exceptional circumstances, between thirty one (31) and one hundred (100) years or more. The subject tree appears healthy, has no apparent signs of disease or damage, or is not of a size or condition to pose a threat, and therefore failure would occur rarely and only in exceptional circumstances

Note: These guidelines are intended to aid the process of judging the potential likelihood of a risk; they are not intended to be comprehensive or exact. In many cases the assessment of risk may require aggregating of various likelihoods.

Consequence Level

Community Health, Safety & Wellbeing

Service Delivery Financial Impact

Catastrophic Loss of life or permanent incapacitation (major disability)

All Council business activities cease or loss of ability to deliver more than 50% (16-35) of Council’s critical operations for over 5 days or, High profile Infrastructure asset is inoperable for a period exceeding 5 days, resulting in Catastrophic service disruption

$60m

Council budget impact;

> 4% to 100%

Major Life-threatening injury arising

from serious crime , accident, flood or bushfire widespread and/or life-threatening disease; a major increase in the rate of serious crime (e.g. assault, robbery).

Stoppage of delivery of 25% (5- 15) or more critical operations over 5 days E.g.; the loss of a major administration building or major depot or, High profile Infrastructure asset is inoperable for a period of 2 - 5 days, resulting in Major service disruption

>$12m < $60m


> 0.8% to < 4%

Moderate Injury requiring medical attention arising from crime, accident, flood or bushfire; serious but treatable disease; a moderate increase in the rate of serious crime (e.g. assault, robbery).

Moderate disruption to service levels (stoppage of 5% 2-4 critical operations) leading to reduction in service level and timeliness of service or, High profile Infrastructure asset is inoperable for a period of up to 24 hrs, resulting in moderate service disruption

$1.5m


> 0.08% to

< 0.8%

Minor Minor (first aid treatable) injuries or disease; an increase in less serious crime (e.g. theft); an increase in perceptions that the City (or an arefoua within) is unsafe

Minor disruption to service delivery leading to reduction in service level and timeliness of service impacting 1 critical operation or, Medium / Low profile Infrastructure asset is inoperable for a period of at least 24 hrs, resulting in minor service disruption

$120k


> 0.008% to

< 0.08% Insignificant Injuries or illness not requiring

first aid treatment; possible increase in perceptions that the City is unsafe dealt with by community education campaigns; increased opportunities for crime.

Low disruption to service delivery leading to reduction in service level or, Medium / Low profile Infrastructure asset is inoperable for a period of up to 24 hrs, resulting in low service disruption

$12k


< 0.008%

Risk Score Recommended time-frame for remedial action

Extreme (23-25) Immediate remedial works required



High (19-22) Urgent remedial works required within 5 working days

Medium (8-18) Remedial works required within 60 days

Low (1-7) Remedial works only required if/when identified as a part of routine pro-active maintenance program

It should be recognised that the professional assessment is merely a snapshot of the subject trees condition and estimated risk at a given point of time and that environmental conditions may alter the condition of the assessed tree(s) within a relatively short timeframe. The assessment should provide the foundation for an ongoing monitoring and/or tree management program within Gold Coast City Council controlled land.

Land/tree management concepts should be considered to mitigate risk such as remedial canopy works, understorey planting, fencing and frequent inspection etc., prior to granting tree removal.

718th Council Meeting 24 June 2016 27 Governance & Administration Committee 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1) Management of Trees on Council Controlled Land Policy Appendix 3 Recoverable Timber Process

Is the subject tree suitable species for timber recovery NO

YES

Is the trunk and/or branches of a considerable size (450mm or greater diameter) that warrants timber recovery

YES

Has the subject tree any significant defects that potentially creates the trunk or branch timber region unsuitable for timber milling

NO

YES the subject tree has significant defects

No significant defects identified within the subject tree

Can the subject tree be felled and/or extracted in sizable portions (min 4.5m clear trunk or branches) suitable for timber recovery

NO

Process the trunk/branches with a wood chipping machine or similar, store/stock pile the wood chip for use on GCCC landscape/tree preservation projects

YES

The Delegated Council Officer is to approach the local community group who may have interest in the trunk and/or branch regions

NO interest from the local community group

The Delegated Council Officer is contact GCCC procurement department and to identify the correct procurement processes

NO interest from the procurement process

YES interest from the local community group

The Delegated Council Officer is to arrange with the tree team (internal/external) collection and delivery of the recoverable timber to the local community group

YES interest from the procurement process

The Delegated Council Officer is to discuss the value of the recoverable timber with the Asset Custodian in a view of offsetting against the project/job costs

OR

Use the recoverable timber for a GCCC project

718th Council Meeting 24 June 2016 28 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1)

Attachment 2

Visual Tree Assessment Form

718th Council Meeting 24 June 2016 29 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 2 (Continued) MANAGEMENT OF TREES ON COUNCIL CONTROLLED LAND POLICY CS433/408/07(P1)

718th Council Meeting 24 June 2016 30 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 COMMUNITY SERVICES NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 Refer Four Page Attachment 1 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT The purpose of this report is to seek the Council of the City of Gold Coast’s endorsement for Councillor Gail O'Neill and Councillor Glenn Tozer to be considered as its nominated representative on the Darling Downs - Moreton Rabbit Board. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION The Queensland Minister for Agriculture and Fisheries, The Honourable Leanne Donaldson MP, has invited the Council of the City of Gold Coast (the Council) to nominate up to two representatives of Council for the Darling Downs - Moreton Rabbit Board (the Board). The Board comprises of six Directors, and nominees have been requested from each of the eight local governments who contribute towards funding the Board’s activities. Queensland Government policy requires at least one female nominee. Each nominee is required to provide: A short curriculum vitae of no more than two pages A short statement (maximum 200 words) from each nominee, stating how they are a

suitable candidate for the role of Director, including any desirable attributes. By way of background, the Board’s existence is currently provided for under the Land Protection (Pest and Stock Route Management) Act 2002 (the LP Act), and from 1 July 2016, the continuation of the Board is provided for under the Biosecurity Act 2014. Presently, the City of Gold Coast (the City) is one of eight local governments within the operational area of the Board (see Figure 1). Managing wild and domestic rabbits on private land and coordinating management on public lands in the operational area is the responsibility of the Board.

718th Council Meeting 24 June 2016 31 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174

Figure 1: Operational area of the Darling Downs - Moreton Rabbit Board. Under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982, the Board represents the State and is a statutory body. The Board’s function is to take reasonable steps to ensure the Darling Downs - Moreton Rabbit District is kept free from rabbits. This function is achieved largely by maintaining a rabbit barrier fence and taking control measures to destroy rabbits within the operational area. Under the LP Act, the Council is obligated to pay the State Government a contribution towards the cost of operating the Board. Table 1 below, shows the previous payments made by the City to State Government and the proposed payment for the 2016-17 financial year.

Financial Year DDMRB Contribution ($/Year) % Increase $ increase 2009-2010 81,575 2010-2011 87,575 7.4 6,000 2011-2012 92,742 5.9 5,167 2012-2013 97,843 5.5 5,101 2013-2014 101,267 3.5 3,424 2014-2015 105,824 4.5 4,557 2015-2016 110,057 4 4,233 2016-2017 114,459 4 4,402

Table 1: City of Gold Coast Funding of Darling Downs - Moreton Rabbit Board. The City’s financial contribution to the Board is somewhat contentious on value for money grounds and, arguably, might be better spent funding rabbit control activities entirely within the Gold Coast. However, it remains one of the eight local governments funding the Board’s

718th Council Meeting 24 June 2016 32 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 activities, despite Council making several requests to the State Government to have it removed from the District. Left uncontrolled, feral rabbit populations can cause erosion, loss of native animal and plants species, damage to public infrastructure and productivity losses in the agricultural sector as well as encourage artificially high populations of predators such wild dogs and feral cats. The available evidence suggests the rabbit fence, which the Board was created to maintain, does help to limit rabbit movement and incursion into south-east Queensland. However, the city is not directly protected by the fence. The terms of the Board’s current Directors will expire in July 2016. One of these Directors is Councillor Glen Tozer of the City of Gold Coast. Given the Council is required to remain in the District, it is in its best interests to continue having a local Councillor appointed to the Board to ensure that it is run as efficiently and effectively as possible. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN 1.0 The best place to live and visit 1.2 We live in balance with nature. We manage quality rural and urban living while looking after the future of the city’s rainforest, bushland, waterways and open space. Implement the Pest Management Plan to protect local ecosystems and increase native vegetation cover 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Recurrent funding for Council’s contribution to the Darling Downs – Moreton Rabbit Board for the 2016/17 financial year is provided in cost centre 482. Costs for Capital Works and Service Proposals Not Applicable.

People and Culture Not Applicable. 9 RISK MANAGEMENT CO000412 - State and Federal Government position resulting in cost shifting to Council.

Advocate on behalf Council to both Federal and State Governments and other related agencies on significant issues impacting on the City.

718th Council Meeting 24 June 2016 33 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 CO000447 – Declared pest plant and animals causing damage to the environment. Management program on private and public land for pests animals.

10 STATUTORY MATTERS Land Protection (Pest and Stock Route Management) Act 2002 187 Minister may require local government to make annual payment (1) The Minister may, by written notice, for a financial year, require a local government to

pay an amount to the chief executive for services provided or to be provided by the chief executive for pest or stock route network management in the local government’s area.

(2) The amount must not be more than the maximum amount fixed under a regulation for the local government.

(3) In recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive in the local government’s area, including, for example, whether—

(a) a declared pest fence benefits land by protecting agricultural production in the area; or

(b) part or all of the area is in the operational area for rabbits; or (c) land in the area may benefit from pest control programs undertaken by the State including, for example, emergency control action.

(4) The notice must state the period in which the amount required under the notice must be paid.

(5) The local government must pay the amount to the chief executive in the stated period. Chapter 6 Pest operational boards Part 1 General 213 Establishment of pest operational boards (1) A regulation may establish a pest operational board to carry out pest management activities for a particular area (the operational area) identified in the regulation. (2) The regulation must—

(a) name the board; and (b) state the declared pest to be managed by the board; and (c) identify the board’s operational area; and (d) state the number of directors of the board.

214 Legal status A pest operational board—

(a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name.

215 Pest operational boards represent State (1) A pest operational board represents the State. (2) Without limiting subsection (1), a pest operational board has all the privileges and

immunities of the State. 216 Application of particular Acts to pest operational boards (1) A pest operational board is a statutory body under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982.

718th Council Meeting 24 June 2016 34 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B states the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

Part 2 Function and powers 217 Function (1) A pest operational board’s function is to take reasonable steps to ensure the board’s operational area is kept free from declared pests managed by the board. (2) The function is to be achieved mainly by—

(a) taking control measures to destroy the pests in the board’s operational area; and (b) developing and implementing works programs to maintain, as far as practicable, the board’s operational area in a pest-free condition.

218 General powers (1) A pest operational board has all the powers of an individual and may, for example, do the following—

(a) enter into contracts; (b) acquire, hold, deal with and dispose of, property; (c) appoint and act through agents and attorneys; (d) charge, and fix terms, for goods, services and information it supplies; (e) employ staff and engage consultants; (f) do anything else necessary or convenient to be done for, or in connection with, the performance of its function.

(2) Without limiting subsection (1), a pest operational board has the powers given to it under this Act.

219 Ministerial directions (1) The Minister may give a pest operational board a written direction about the performance of the board’s function or the exercise of its powers if satisfied it is necessary to give the direction in the public interest. (2) The board must ensure the direction is complied with. (3) However, before giving the direction, the Minister must consult with the board. (4) The Minister must gazette a copy of the direction within 21 days after the direction is

given. 213 Establishment of pest operational boards (in part) (1) A regulation may establish a pest operational board to carry out pest management

activities for a particular area (the operational area) identified in the regulation. 217 Function (1) A pest operational board’s function is to take reasonable steps to ensure the board’s

operational area is kept free from declared pests managed by the board. (2) The function is to be achieved mainly by—

(a) taking control measures to destroy the pests in the board’s operational area; and (b) developing and implementing works programs to maintain, as far as practicable, the board’s operational area in a pest-free condition.

Part 3 Board of directors Division 1 Establishment and role 220 Board of directors A pest operational board must have a board of directors.


221 Role of board of directors (1) The board of directors is responsible for the way the pest operational board performs

its function and exercises its powers. (2) Without limiting subsection (1), it is the role of the board of directors to ensure the

pest operational board performs its function in an appropriate, effective and efficient way.

Division 2 Provisions about directors 222 Appointment The directors must be appointed by the Minister.

223 Chairperson (1) The chairperson of the board of directors is the director chosen as chairperson by the directors. (2) If the chairperson is not chosen within 1 month after the date appointed for the first meeting of the board of directors, the chairperson is the director chosen by the chief executive. (3) The chairperson holds office until the annual meeting of the board of directors next following the director’s selection as chairperson.

224 Qualifications for appointment (1) A person is not qualified to be, or to continue, as a director if the person—

(a) is affected by bankruptcy action; or (b) is, or has been, convicted of—

(i) an indictable offence, whether on indictment or summarily; or (ii) an offence against this Act.

(2) For subsection (1)(a), a person is affected by bankruptcy action if the person— (a) is bankrupt; or (b) has compounded with creditors; or (c) as a debtor, has otherwise taken, or applied to take, advantage of any law about bankruptcy.

(3) Also, a regulation establishing a pest operational board may prescribe residential or land ownership or occupation requirements as qualifications for appointment as a director.

224A Investigations about eligibility for appointment (1) The chief executive may make investigations about a person to decide whether the

person is eligible for appointment as a director. (2) Without limiting subsection (1), the chief executive may ask the commissioner of the

police service for a written report about the criminal history of the person. (3) The commissioner must give the report to the chief executive. (4) However, the report is required to contain only criminal history in the commissioner’s

possession or to which the commissioner has access. 224B Criminal history is confidential document (1) An officer, employee or agent of the department must not, directly or indirectly,

disclose to anyone else a report, or information contained in a report, given under section 224A. Maximum penalty—100 penalty units.

(2) However, the officer, employee or agent does not commit an offence against subsection (1) if—

(a) disclosure of the report or information to someone else is authorised by the chief executive; or


(b) the disclosure is otherwise required or permitted by law.

(3) The chief executive may authorise disclosure under subsection (2)(a) only to the extent necessary to perform a function under or in relation to this Act.

(4) The chief executive must destroy the report as soon as practicable after considering the person’s eligibility.

225 Term of appointment (1) Subject to subsections (2) and (3), a director is appointed for the term, of no more

than 3 years, stated in the director’s instrument of appointment. (2) The director continues holding office after the director’s term of office ends until the

director’s successor is appointed. (3) If a person is appointed to fill a casual vacancy in the office of a director, the person is

appointed only for the remainder of the director’s term of office.

226 Termination of appointment The Minister may remove a director from office if—

(a) the director ceases to be qualified to be a director or is absent from 3 consecutive meetings of the board of directors without the board’s leave and without reasonable excuse; or (b) the Minister is satisfied the director—

(i) is incapable of performing the duties of a director because of physical or mental incapacity; or (ii) performed the director’s duties carelessly, incompetently or inefficiently; or (iii) commits misconduct of a kind that could justify dismissal from the public service if the director were a public service officer

227 Vacation of office A director’s office becomes vacant if the director—

(a) dies; or (b) resigns by signed notice of resignation given to the board; or (c) is removed from office under section 226.

Division 3 Directors’ duties 228 Disclosure of interests (1) This section applies to a director if—

(a) the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board of directors; and (b) the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.

(2) As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the board of directors. Maximum penalty—20 penalty units.

(3) The disclosure must be recorded in the board’s minutes. (4) Unless the board of directors otherwise decides, the director must not—

(a) be present when the board considers the matter; or (b) take part in a decision of the board on the matter. Maximum penalty—20 penalty units.

(5) The director must not be present when the board of directors is considering its decision under subsection (4). Maximum penalty—20 penalty units.

(6) Another director who also has a direct or indirect financial or personal interest in the matter must not—

(a) be present when the board of directors is considering its decision under subsection (4); or


(b) take part in making the decision. Maximum penalty—20 penalty units.

(7) In this section— financial or personal interest, for a person nominated by an entity for appointment as a director, does not include an interest the person has in common with members of the entity represented by the person.

229 Director to act in pest operational board’s interest A director, in exercising powers and performing functions, must act in the best interests of the pest operational board. 11 COUNCIL POLICIES Not Applicable. 12 DELEGATIONS Not Applicable. 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

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

Chief of Staff to Mayor Office of the Mayor Consulted Councillor Gail O’Neill Division 14 Consulted Councillor Glenn Tozer Division 9 Consulted Executive Coordinator Directorate Finances

Corporate Finance Yes

Right to Information (RTI) and Information Privacy (IP) Legislation 2009 Not Applicable. 14 STAKEHOLDER IMPACTS External / community stakeholder Impacts Effective management of feral rabbit populations is essential for protecting public infrastructure, the natural environment and agriculture. Given the Council is required by the State Government to contribute financially towards the Board, the community is likely to appreciate having a local representative appointed to safeguard the city’s interests and ensure the Board operates as effectively and efficiently as possible. Internal (Organisational) Stakeholder Impacts Nominal increases in the City’s operational costs are associated with supporting rabbit management. 15 TIMING The current Board Directorships will expire in July 2016.

718th Council Meeting 24 June 2016 38 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 Presently, Directors are appointed for up to three years. However, future Board appointments will be for terms of up to four years to ensure consistency with local government electoral terms. 16 CONCLUSION The Darling Downs - Moreton Rabbit Board is a statutory body set up by the State Government. The Board is established under the Land Protection (Pest and Stock Route Management) Regulation 2003, and from the 1 July 2016, the continuation of the Board is provided for under the Biosecurity Act 2014. The above legislation identifies that the City of Gold Coast is within the operational area of the Board. The operational area includes eight local governments. The City has a legislative requirement to make an annual payment to the State that is used, in part, to fund the Board’s management of rabbits. The Queensland Minister for Agriculture and Fisheries has invited the City to nominate up to two Board representatives from the Council for the Minister’s consideration. Queensland Government policy requires at least one female nominee. Each nominee is required to provide: A short curriculum vitae of no more than two pages A short statement (maximum 200 words) from each nominee, stating how they are a

suitable candidate for the role of Director, including any desirable attributes. Both Councillor Gail O’Neill and Councillor Glen Tozer have expressed an interest in serving on the incoming Board. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council endorses Councillor Gail O’Neill and Councillor Glenn Tozer as its two

nominees for possible Directorships on the next Darling Downs - Moreton Rabbit Board.

2 That the Chief Executive Officer (Director Community Services) advise the State Government of the nominations of Councillor Gail O’Neill and Councillor Glenn Tozer for the position of Director on the next Darling Downs – Moreton Rabbit Board.

Author: Authorised by:Iain Jamieson Colette McCool Senior Pest Management Specialist Director Community Services 13 June 2016 TRACKS REF: #55246157

718th Council Meeting 24 June 2016 39 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 3 (Continued) NOMINATION FROM CITY OF GOLD COAST FOR DARLING DOWNS - MORETON RABBIT BOARD LG426/1174 COMMITTEE RECOMMENDATION GA16.0621.003 moved Cr Tozer seconded Cr Boulton 1 That Council endorses Councillor Gail O’Neill and Councillor Glenn Tozer as its

two nominees for possible Directorships on the next Darling Downs - Moreton Rabbit Board.

2 That the Chief Executive Officer (Director Community Services) advise the State Government of the nominations of Councillor Gail O’Neill and Councillor Glenn Tozer for the position of Director on the next Darling Downs – Moreton Rabbit Board.

CARRIED


Attachment 1

718th Council Meeting 24 June 2016 44 Governance & Administration Committee Meeting 21 June 2016 Adopted Report ITEM 4 ORGANISATIONAL SERVICES TRAVEL AND TRAVEL RELATED EXPENSES – COUNCILLORS AND STAFF 1 JANUARY – 31 MARCH 2016 HR829/02(P1) Refer 4 page attachment A Refe

adopted report governance & administration committee meeting · 6/21/2016 · 1 oceo...

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