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FNQROC - Far North Queensland Council Water Alliance, Meeting No. 13 - 12 August 2016

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AGENDA

Meeting No. 13

Meeting Far North Queensland Council Water Alliance

Date 12 August 2016

Time 10 am

Venue Committee Meeting Room, Level Three, Cairns Regional Council

1. Attendance

2. Apologies

3. Guests Dept. of Energy and Water Supply – Regulator Ted Aldred and Pushpa Ginge.

• Performance reporting changes and workshop dates;

• Upcoming Audit of the DWQMP’s.

4. Acceptance of previous minutes – meeting No.11

5. Actions from Previous Meeting No. 11

No. ACTION OWNER COMPLETED?

11.1 A Compliance permits/license workshop to be facilitated with EHP. Workshop to: • Discuss and commence identification process of prescriptive or out of date permits with a view of engaging EHP staff for review and amendment.

FNQROC

11.2 Draft letter for Dept EHP of the effect on council’s resources in addressing PIN’s within five working days.

FNQROC

11.3 Carry action over to next meeting - Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

All members

11.4 Arron Hieatt to forward synergies report for distribution. (Arron please provide official title for this report)

LGAQ

11.5 Mark Wuth to amend draft Terms of Reference – Steve Cosatto to distribute with minutes.

CRC/FNQROC

6. Alliance Licencing Workshop 29 July, update – Steven Cosatto.

7. Healthy Water Ways – Cairns Regional Council

8. Overview of Qldwater North Queensland Conference 20 July – Mark Wuth

9. Update Mareeba Waste Water Treatment Plant (currently under construction) – Morris Hamill.

10. Identification of synergies or opportunities for collaboration/resource sharing

FNQROC - Far North Queensland Council Water AllianceMeeting No.13 - 12 August 2016

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10.1. Member councils to advise group of current priorities for Water or Waste Water.

11. General Business

11.1. Review of proposed key agenda items for QWRAP Coordinators and Chair forum – 26 Oct

Water Security as a key aim for the State government.

Summary of QWRAP research projects.

Future directions for QWRAP and each region.

Further needs/opportunities in each regions and collaboratively.

Opportunities for greater communications/support.

12. Next meeting

Next meeting will be:

Venue Date

Cairns 4 November

With the exception of motions and explicit request to be named, this meeting operates under Chatham House Rule: Everyone present is free to use the information received, but they cannot reveal the identity or affiliation of the speaker or any other participant. The Chatham House Rule allows people to speak as individuals, and to express views that may not be those of their organisation. It encourages free discussion.

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FNQ Water Alliance Meeting No. 11 - Minutes

Date: Friday 20 May 2016 Time: 10:15am – 2:20pm

Location: Cairns Regional Council - level three Committee meeting room.

1. Welcome and Apologies.

2. Department of Environment and Heritage Protection.

Presentation - Regulation and Compliance – Department of Environment and Heritage Protection

Rob Lawrence Executive Director Minerals & North Queensland Compliance and Chris Hill Director Industry and Development.

Focus on developing a business center model to improve consistency across the state

Business center’s - Cairns, Emerald, Toowoomba, Brisbane

Compliance center’s - on the ground resources dispersed across all regional offices to maintain responsiveness.

EHP regulatory Strategy remains a priority – aware of many outdated permits which are overly prescriptive.

Transitioning to more outcomes focused conditions – Monitoring performance and responding to performance issues

Attendees Name Org Steve Cosatto FNQROC Arron Hieatt LGAQ Geoffrey Smart Cassowary Coast Regional Council Irvine Darlene FNQROC Morris Hamill Mareeba Shire Council Graham O'Byrne Cairns Regional Council Ray Kirkman Croydon Wouter Van der Merwe Douglas Shire Council Wuth Mark Cairns Regional Council Steven Porter Cairns Regional Council Brad Bakker Tablelands Regional Council Page Simon Cairns Regional Council Observers Rob Lawrence Dept of Environment and Heritage

Protection

Chris Hill Dept of Environment and Heritage Protection

Apologies Rob Fearon Qld Water Dawn Lake Yarrabah Aboriginal Shire Council Michael Czarnecki Cook Shire Council Peter Martin Hinchinbrook Shire Council

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Compliance steering committee - consists of executive directors and a range of senior officers

Recommendations in relation to serious compliance issues and to ensure consistency, PINs are reviewed by Compliance Steering Committee

EHP are concerned with the systemic issues

Attempting to achieve more consistent regulation and compliance.

Amendments can be made to council permits by negotiation.

EHP Comment that it has been a long standing process that Councils have the ability to amend permits, may not be well known.

If there old permits with prescriptive conditions there are options to amend/to modernise.

Due to the transition process EHP aware of teething issues regarding turnaround time for compliance issues.

EHP - current KPI of 15 business days to respond to clients. EHP aware that at times they are not meeting those requirements.

Query:

Councils only being provided with 5 business days to respond, public holiday’s included.

Comment that not all issues were not fully discussed at time of conversation ie on site visit or phone discussion.

EHP advised:

perhaps some miscommunication as – EHP does not consider public holidays to be business days.

Councils should do what they are able and provide correspondence to acknowledge there is an issue and that they are working on the issue articulating what is going to happen.

General discussion:

Councils don’t mind more of a regulatory approach as it is more black and white ie assists in getting projects through councils.

Move with the green tape reduction very positive

EHP aware of resource constraints within EHP. Eg aware of councils desire to amend permit regarding landfills away from old EA to a green tape arrangement. EHP is currently unable to expedite process. However this response is being investigated and EHP will discuss with the relevant council.

Query:

What happens if council is in between an amendment and an audit when councils know that they will be non compliant.

EHP advised:

Council should highlight during a compliance inspection if there are relevant amendments in train. The compliance staff are in contact with the relevant assessment staff

Query:

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Some exceedence issues which are in reality minor is resulting in harsh correspondence from the department as if it is a serious issue. This results in a negative view and relationship between council staff and department staff.

There are some notifications that aren’t as critical – capturing more data than is needed. Ie items that aren’t going to cause environmental harm.

EHP advised:

EHP aware that there are standard warnings with direct terminology.

Councils are encouraged to engage with department to review permits - assessment team lodgment team

Calibration of the licenses which are important and which aren’t

ACTION: A Compliance permits/license workshop to be facilitated.

Workshop to:

Commence identification process of prescriptive or out of date permits with a view of engaging EHP staff for review and amendment.

ACTION: Draft letter for Dept EHP of the effect on councils resources in addressing PIN’s within five working days.

Presentation ended at 11:15

3. Graham O’Byrne confirming his acceptance of his role as chair of the FNQ Water Alliance.

4. Review of Actions from previous meeting.

ACTION Org Responsible Complete

a) Mark Wuth (CRC) to provide feedback on behalf of councils at Performance Reporting KPI Steering group meeting 10 March. (Mark to send email request to members)

CRC At meeting

b) Steve Cosatto to distribute DEWS presentation to group. FNQROC √

c) DEWS (Ted Aldred) to forward current link to register of pre-qualified certified auditors.

DEWS/FNQROC √

d) Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

All Councils

e) Darlene Irvine to contact Rob Lawrence (EHP) to attend group’s next meeting. FNQROC √

f) Steve Cosatto to distribute CRC Replacement Rate for Water and Waste Water Assets presentation to group.

FNQROC

g) Morris Hamill to provide contact details to Swiss Farms MSC √

h) Geoff Smart to provide contact details to Celtic Construction & Utility Services - CCUS.

CCRC √

i) Amanda Hancock to provide Bio-solid and Pump research update at FNQ QWRAP meeting Friday 20 May.

FNQROC

j) Steve Cosatto to finalise draft ToR and distribute to councils prior to next meeting.

FNQROC √

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ACTION Org Responsible Complete

k) As per FNQROC communication strategy each member council responsible to circulate Draft document to relevant internal council officers for comment.

All Councils √

l) Each Council to review Action Statement and Plan to identify opportunities for collaboration.

All Councils held over to next meeting due to meeting overrun.

Refer action item 4 a)

Mark Wuth to provide feedback on behalf of councils at Performance Reporting KPI Steering group meeting 10 March. (Mark to send email request to members)

Mark Wuth advised:

The KPI steering committee meeting fortnightly

DEWS is reviewing feedback of KPIs

Attempting to marry KPIs between States ie attempting to align to National Performance Reporting (NPR)

Clearer definitions

Review of reporting process.

If there issues regarding internal contacts within councils ie finance, councils can provide those details.

Estimating forecasting of KPIs

Timetable for reporting

Arron Hieatt advised

Avoiding unnecessary or duplicate reporting is the goal - less burden on councils

Funding may be tied to KPIs in future to ensure it’s going where it needs to go.

The group asked why DEWS has created its own benchmarking report for the KPIs, when qldwater has been doing a comparative report for several years. The duplication is temporary since the mandatory reporting of KPIs have just started. There will likely be a single report in the future. The qldwater report is designed to assist councils in benchmarking against other organisations of a similar size whereas the aim of the DEWS report is not yet decided. Qldwater will continue producing their report for as long as it is useful for members and this will depend on the structure of future DEWS reporting.

Reporting definitions and response times have been an issue, but DEWS has a working group with council representatives working through them and improving the KPIs

Refer action item 4 d)

Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

LGAQ advises to cost of auditor not applicable for LGAQ funding however costs of procurement would be.

ACTION: Carry action over to next meeting - Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

Refer action item 4 f)

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Steve Cosatto to distribute CRC replacement rates for Water and Waste Water Assets presentation to group.

S. Porter advised that a variety of assumptions that need to be made regarding rates - associated caveats, assumptions, substantiation of values and revaluations.

Difficult to develop a centralised register due to these variances.

Geoff Smart commented that rates would be handy when discuss rates with consultants and auditors.

Agreed that councils would contact Steven Porter (CRC) to discuss Asset Valuations where required.

5. Update from LGAQ – Arron Hieatt advised:

DEWS views on QWRAP: qldwater tour included a visit to Palm Island. The tour included Paul

Simshauser, Director General from DEWS. When the council asked for assistance in developing a

strategy to dealing with water security issues the DG offered to include the council in the Regional

Water Supply Security Assessment Program (RWSSA). In a conversation between Arron and the DG

afterwards the DG stated that it is up to the councils to determine how they will deal with security

issues, and that QWRAP was the best way for councils to do this.

LGAQ State Budget letter: LGAQ has written to the Treasurer in advance of the coming State budget to

seek funding support for several initiatives. One of the items proposed is a dedicated resource to

support councils in demand management and security planning. The current RWSSA program will only

evaluate large cities, and there is nothing for smaller towns. The funding will support “Snap shot

assessments” that will provide information for councils to make decisions on water security issues.

The LGAQ is also seeking funding support for a mandatory certification program for water operators.

Certification will ensure that training is tailored for the Service provider, and is appropriate for the

treatment systems operated.

Advisory Group: LGAQ will seek EOIs for the Water and Sewerage Advisory group in August.

SunWater Bulk Water Pricing: Work regarding bulk water pricing of SunWater is still being progressed.

The Jacobs report has been reviewed by Synergies Consulting, as requested by DEWS. A meeting

between LGAQ, qldwater, DEWS, and SunWater is being arranged to discuss both reports.

ACTION: Arron Hieatt to forward Synergies Economic Consulting review of LGAQ report re Asset Values for

distribution.

Next QWRAP regional coordinator funding becomes available July 1 2016, while bid pool funding for

specific projects is available at any time.

Advice on guidelines regarding the two categories of funding.

Fund is underspent and the group should consider projects to submit for funding.

Pumping station code of practice ERA 63

Qldwater is continuing to meet with DEHP regarding the Code. They met with the new DG of

DEHP last week and discussed the Code, and the DG confirmed that he supported the adoption

of the Code and removal of the current requirements. The recommendation is with the

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Minister for a final decision. Unfortunately, there is still no timeframe for the decision about

the removal of current requirements.

Terms of Reference FNQ QWRAP

Steve Cosatto advised that CRC had developed an alternative draft for consideration which was emailed to

representatives 9.45am this morning. Mark Wuth provided a hard copy for committee review.

The group then reviewed the alternative draft provided by CRC at the meeting. Attached is a tracked changed

copy of the draft alternative based on the discussions held.

General discussion:

Group should adhere to FNQROC guidelines and policies and operate as a technical committee

underneath the FNQROC /Board.

Formalised document providing clarity to how the committee will operate.

Development of an Annual work plan by March of each year as part of the FNQROC operational plan

and report on the following August – it is anticipated this document would sit outside the ToR and

would be reviewed quarterly.

Darlene Irvine advised the Board would be conducting a strategic workshop towards the end of the

year. The intent of the workshop is to develop a five year strategic plan. This would provide the Water

alliance with an opportunity to provide strategic recommendations to the Board.

ACTION: Mark Wuth to amend draft Terms of Reference – Steve Cosatto to distribute.

6. Regional Procurement update – Amanda Hancock FNQROC

7. Member councils to advise group of three Water or Waste Water priorities – (Identification of

synergies or opportunities for collaboration between councils or regionally).

Item to be carried over to next meeting.

8. Proposed FNQ Water Alliance Meetings, 2016.

Venue Date

Cairns Early July – date to be advised.

Cairns 4 November

9. Meeting closed at 2:20

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10. Summary of Actions:

ACTION Org Responsible

A Compliance permits/license workshop to be facilitated with EHP.

Workshop to:

Discuss and commence identification process of prescriptive or out of date permits with a view of engaging EHP staff for review and amendment.

FNQROC

Draft letter for Dept EHP of the effect on council’s resources in addressing PIN’s within five working days.

Carry action over to next meeting - Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

All members

Arron Hieatt to forward synergies report for distribution. (Arron please provide official title for this report)

LGAQ

Mark Wuth to amend draft Terms of Reference – Steve Cosatto to distribute with

minutes.

CRC/FNQROC

NB: Although not an action it was agreed, that councils would contact Steven Porter (CRC) to discuss Asset Valuations where required.

END OF DOCUMENT

FNQROC – FNQ Water Alliance Licence workshop, Meeting No.12 - 29 July 2016

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MINUTES

Meeting No 12

Meeting FNQ Water Alliance Licence workshop

Date 29 July 2016

Time 11am

Venue Committee meeting room, level three, Cairns Regional Council

The meeting opened at 10:00am.

1. Attendance

Name Organisation Name Organisation

Steven Cosatto FNQROC Arron Hieatt LGAQ

Lynne Powell Cairns Regional Council John Bishop Cairns Regional Council

Amy Yates Mareeba Shire Council Peter White Douglas Shire Council

Morris Hamil Mareeba Shire Council Geoffrey Smart Cassowary Coast Regional Council

2. Apologies

Name Organisation Name Organisation

Steven Porter Cairns Regional Council Brad Bakker Tablelands Regional Council

Simon Page Cairns Regional Council Will Kerwin Croydon Shire Council

Mark Wuth Cairns Regional Council Wouter Van der Merwe Douglas Shire Council

3. Background:

At the last Water Alliance meeting (meeting #11, 20 May) representatives from the Department of Environment and Heritage Protection (EHP) provided a presentation regarding EHP’s transition process and changes to their Regulation and Compliance areas and processes. Following their presentation, Water Alliance members acknowledged that:

The move to the green tape reduction was very positive. (The “Greentape Reduction” (Greentape Reduction Act) amendment to the Environmental Protection Act 1994 (EP Act), which commenced in 2013, had simplified the way in which applications for environmental authorities were assessed - process allows for approval requirements to be proportional to the environmental risk of the activity).

The transition process had created teething issues regarding turnaround time for compliance issues.

A more regulatory approach by EHP should be simpler for Alliance members to interpret, as it is more black and white.

That majority of Alliance members had similar issues in their dealings with EHP. Essentially these issues could be broken down into two areas:


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Inconsistent dealings/advise from EHP which at times can create angst for both parties and at times a

Lack of understanding from both parties regarding the other’s processes and/or ability to respond/address issues.

Subsequently the Water Alliance agreed that FNQROC should facilitate a workshop to discuss the matter in further detail to scope out the issues from Alliance members identifying commonalities and then looking at where (regionally) the Alliance could play a role to help resolve these issues and set a direction forward.

4. General discussion:

Council experiences with:

Green Tape process - general conditions

Amendment process

Environmental Regulation Authority ERA63

Issues

Opportunities

Actions

5. Identified areas of concern:

Interpretations of wet and dry weather.

Resolving/clarification of definitions – Percentile definitions.

EHP staff located in South East Qld reviewing amendment submissions – Issue: those

staff not being abreast of site specific matters - Annual audit process would be an

opportunity to discuss, on site, with the EHP compliance officer the relevance of onerous

conditions; the compliance officer could provide comment within their audit report

which council could reference in a submission if required. This could also reduce

inconsistency between EHP staff.

Legacy issues, where origins of requirements within licences are unknown – issue -

evaluating EHP officer is therefore unwilling to amend.

EHP querying LG annual reports – up to eleven months later.

Regionally some Alliance members were providing reports to both Department of

Science, Information Technology and Innovation (DSITI) and EHP some only providing to

DSITI.

The process associated with Environmental Authority numbering and the amalgamation

with the existing integrated EA number requires review as it is cumbersome.

Interpretation of clause/permits/licences can differ, dependant on EHP officer’s

interpretation eg some amendments can take up to 12 to 18 months to process same

type of amendment with a different EHP officer can take only a few months eg

Cassowary Coast Bypass amendment, while Cairns and Douglas are still involved in

negotiations.

General discussion:


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Acknowledged, that within the region a more informal relationship/forum needed to be developed between Alliance members and EHP, to provide a platform to better inform both parties.

Interaction between parties is inconsistent and at times created angst and between parties.

This inconsistency often required resources, from Alliance members and EHP, which could be better utilised.

Opportunity: In 2015 the FNQ Water Alliance faced a similar example of inconsistent interaction and communication between councils and the Regulator from the Department of Energy and Water Supply (DEWS). NB This inconsistency could be attributed to both parties.

The Region successfully submitted an application to the Regulator to reduce the number of DEWS officers interacting with Alliance members, with the primary aim of achieving consistency. NB: there were six officer’s pre June 2015 compared to two post June following application. The Regulator established a Regional representative (Puspha Ginge) who regularly attends Water Alliance general meetings. This provides the Regulator with the opportunity to deliver a consistent message and address queries from all Water Alliance members (ten).

Members identified that there would be many benefits to members and EHP should EHP adopt a similar approach and appoint regional officer/s for Assessment and Compliance such as:

1. Improved and consistent assessment and compliance across the region, reducing risks to consumers.

2. Reduce duplication across the region for the EHP and Alliance members.

3. Provide EHP with a forum to influence water and waste water issues facing Councils in the Far North region and provide them with a greater ability to deliver a consistent message to the region’s Alliance members.

4. Prov id ing Counc i l s opportuni ty to rev iew resource shar ing opt ions across Councils, in the assessment and compliance process saving time and money

It is envisaged that specific Assessment and Compliance meetings could be facilitated to address council concerns.

ACTION 12.1 Steve Cosatto to contact Rob Lawrence (EHP) Executive Director Minerals & North

Queensland Compliance to discuss the option of Regional EHP representatives.

ACTION 12.2 Arron Hieatt (LGAQ) to liaise with other QWRAP committees to identify if similar

Assessment and Compliance issues with EHP exist – The matter to be placed on the October 26

QWRAP Chair and Coordinator Forum agenda.

ACTION 12.3 Lynne Powell to forward amendment submission documentation to Steve Cosatto

for distribution with minutes.

ACTION 12.4 Geoff Smart to forward Bypass amendment submission to Steve Cosatto for

distribution with minutes.

ACTION 12.5 Alliance members to provide Steve Cosatto with Council officers contact details

(phone and email) responsible for Environmental Approvals and Compliance.

ACTION 12.6 Steve Cosatto to establish sub-committee of Environmental Approvals and

Compliance Officers and distribute contact details for regional collaboration.


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ACTION 12.7 Arron Hieatt to provide diagram identifying LG legislative requirements and

linkages between LG’s and State Government Departments. (Refer Appendix A)

6. Next meeting – Dependant on response from EHP and action’s from QWRAP Chair and

Coordinators forum.

Date and time to be advised

The meeting closed at 2pm.

Minutes prepared by Steven Cosatto FNQROC Infrastructure Coordinator.

ACTION ITEM(S) –

No. ACTION OWNER COMPLETED?

12.1 Steve Cosatto to contact Rob Lawrence (EHP) Executive Director Minerals & North Queensland Compliance to discuss the option of Regional EHP representatives.

FNQROC

12.2 Arron Hieatt (LGAQ) to liaise with other QWRAP committees to identify if similar Assessment and Compliance issues with EHP exist – The matter to be placed on the October 26 QWRAP Chair and Coordinator Forum agenda.

LGAQ

12.3 Lynne Powell to forward amendment submission documentation to Steve Cosatto for distribution with minutes.

CRC

12.4 Geoff Smart to forward Bypass amendment submission to Steve Cosatto for distribution with minutes.

CCRC

12.5 Alliance Members to provide Steve Cosatto with Council officers contact details (phone and email) responsible for Environmental Approvals and Compliance.

ALL

12.6 Steve Cosatto to establish sub-committee of Environmental Approvals and Compliance Officers and distribute contact details for regional collaboration.

FNQROC

12.7 Arron Hieatt to provide diagram identifying LG legislative requirements and required linkages between LG’s and State Government Departments. (Refer Appendix A)

LGAQ


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Appendix A: Diagram identifying LG legislative requirements and required linkages between LG’s and

State Government Departments

For noting: There are a minimum of 6 State Government departments and more than 16 pieces of

legislation that have power over water and wastewater services in Queensland.

Diagram provide by LGAQ.

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Terms of Reference – FNQ Water Alliance (DRAFT)

Cairns Regional Council (CRC)

Cassowary Coast Regional Council (CCRC)

Cook Shire Council (CSC)

Croydon Shire Council (CrSC)

Douglas Shire Council (DSC)

Etheridge Shire Council (ESC)

Mareeba Shire Council (MSC)

Tablelands Regional Council (TRC)

Wujal Wujal Aboriginal Shire Council (WWASC)

Yarrabah Aboriginal Shire Council (YASC) 2016 Version

http://www.wujalwujalcouncil.qld.gov.au/documents/40551978/0/WWASC%20logo.jpg?t=1458016723153

http://yarrabah.qld.gov.au/

2

Table of contents

Agreed terms ------------------------------------------------------------------------------------------------- 3

1 Definitions and interpretation ---------------------------------------------------------------------3

1.1 Definitions 3

2 Term --------------------------------------------------------------------------------------------------4

3 General principles -----------------------------------------------------------------------------------4

4 Relationship between parties ----------------------------------------------------------------------5

5 Key Objectives ---------------------------------------------------------------------------------------5

6 Annual Work Plan -----------------------------------------------------------------------------------5

7 Obligations of the parties --------------------------------------------------------------------------5

8 Management of Alliance ----------------------------------------------------------------------------5

8.1 Alliance Committee 5

8.2 Composition of Alliance 6

8.3 Attendance at meetings 6

8.4 Authority of Alliance 6

8.5 Chairperson 6

9 Intellectual Property --------------------------------------------------------------------------------6

9.1 Existing Intellectual Property Rights 6

9.2 New Intellectual Property Rights 6

10 Costs --------------------------------------------------------------------------------------------------6

11 Additional Member Councils -----------------------------------------------------------------------7

12 General -----------------------------------------------------------------------------------------------7

12.1 Amendments 7

13 Execution --------------------------------------------------------------------------------------------7

3

Terms of Reference

Dated 20 May 2016

Background

A The Water Industry in regional Queensland is facing unprecedented challenges.

B The Queensland Water Regional Alliance Program is an industry-led review of potential collaborative arrangements within the water industry. The program was developed by LGAQ,

with the Queensland Water Directorate appointed as the program manager and funded by the State Government.

C The experience within the Industry suggests that a collaborative approach can provide significant benefits both directly (through skill sharing and improved economies of scale) and

indirectly (via proactive and consistent engagement with State Government agencies and other

stakeholders).

D The parties wish to work together in a cooperative, coordinated and proactive manner to engage

with the State and other stakeholders concerning reform of the water industry in Far North Queensland.

E The parties have agreed to form a strategic alliance that will enable them to work together in a

cooperative, coordinated and proactive manner that is beneficial to the water businesses operated by the parties and the customers of these businesses.

F The alliance is a technical committee guided by the policies adopted by the FNQROC Board.

G The parties have agreed to the terms of reference to document, at a high level, the key

objectives and agreed actions of the proposed strategic alliance.

Agreed terms

1 Definitions and interpretation

1.1 Definitions

In this document:

Term Definition

Agreed Actions means the actions listed in the Annual Work Plan.

Alliance means a strategic alliance between FNQROC member Councils

where the parties will work together in a cooperative, coordinated and proactive manner, relevant to the direction,

structure and scope of water reform, in a manner that is beneficial to both the water businesses operated by the parties

and the customers of these businesses.

Commencement Date means the date of execution of this document and if this document is executed on different dates then the date when the

last party executes this document.

Councils means CRC, CCRC, CSC, CrSC, DSC, ESC, MSC, TRC, WWASC

and YASC.

CRC means Cairns Regional Council, a local government constituted

4

Term Definition

under the Local Government Act 2009 (Qld).

CCRC means Cassowary Coast Regional Council, a local government constituted under the Local Government Act 2009 (Qld).

CSC means Cook Shire Council, a local government constituted under

the Local Government Act 2009 (Qld).

CrSC means Croydon Shire Council, a local government constituted


DSC means Douglas Shire Council, a local government constituted


Intellectual Property Rights

means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright,

moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered

plant breeder’s right, trade secret, know how, right in relation to semiconductors and circuit layouts, trade or business or

company name, indication or source or appellation of origin or

other proprietary right, or right of registration of such rights.

Key Objectives has the meaning stated in clause 5.

MSC means Mareeba Shire Council, a local government constituted under the Local Government Act 2009 (Qld).

Members mean those persons appointed by a party as that party’s

representatives on the Alliance.

State means the State of Queensland.

TRC means Tablelands Regional Council, a local government constituted under the Local Government Act 2009 (Qld).

Terms of Reference or ToR

means this document.

Term has the meaning in clause 2.

WWASC means Wujal Wujal Aboriginal Shire Council, a local government constituted under the Local Government Act 2009 (Qld).

YASC means Yarrabah Aboriginal Shire Council, a local government constituted under the Local Government Act 2009 (Qld).

2 Term

The term is the period from the Commencement Date until otherwise agreed to by the members and to be reviewed on an as-needs basis.

3 General principles

The parties recognise and agree that the achievement of the Key Objectives will be best served by working cooperatively together in a coordinated and proactive manner to further the Key

Objectives through the development and implementation of strategies that have the capacity to

assist in the direction, structure and scope of water reform in Far North Queensland in a manner that benefits both Far North Queensland’s water service customers and the water businesses

operated by the Councils.

5

4 Relationship between parties

The provisions of this Terms of Reference will not give rise to any joint venture, consortium, partnership or agency between the parties. Each party will be exclusively responsible for its

employees, agents, consultants and subcontractors.

5 Key Objectives

The parties will, during the term, work together to achieve their key objectives which are to:

a) Sharing information about programmes and projects in participating water businesses

to ensure timely awareness of emerging issues and opportunities

b) Identifying, creating and pursuing opportunities for cross local government (and other agencies and industry) alignment and coordination in service delivery

c) Provision of timely and comprehensive advice to participating local governments

d) Enhancing management and operational capacity and capability of water services

e) Promoting and supporting professional development among staff within the region

f) Provide advice to the FNQROC board on policy and procedures for urban water services.

6 Annual Work Plan

The parties agree:

(a) The Annual Work Plan will be developed for the purpose of progress monitoring and

reporting to member councils. (b) The work undertaken by the FNQ Water Alliance will be based on actions contained in an

Annual Work Plan.

7 Obligations of the parties

The parties will:

(a) fully disclose to the other parties any conflict of interest or duty that exists or may arise in connection with the performance of the Agreed Actions and not participate in any

decision that relates to a matter which may give rise to a conflict unless and until it has been fully disclosed to the other parties; and

8 Management of Alliance

8.1 Alliance Committee

The Alliance will be managed as a technical committee guided by the policies adopted by the

FNQROC Board.

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8.2 Composition of Alliance

(a) Each Council may nominate (at least) one representative to be a member of the

Alliance Committee

(b) The Members nominated can be changed by their appointing party at any time.

8.3 Attendance at meetings

(a) Where a Member is unable to attend a meeting in person, he or she may attend by

any available electronic means or may nominate a proxy.

(b) The Alliance will operate on a consensus basis.

(c) It is not an imperative that all parties agree with each individual initiative. Each

Council has the prerogative to opt in or out af projects at any stage

(d) Alliance meetings will be held quarterly unless otherwise agreed by the parties.

(e) Alliance meetings will be coordinated by FNQROC and the Chairperson.

8.4 Authority of Alliance

The Members may make decisions at Alliance meetings (where a Member or Members have

delegated authority to do so) on:

(a) any matter relevant to the achievement of the Key Objectives and undertaking of the

Annual Work Plan;

Decisions that exceed member delegation or have a potential political impact will be directed to

the FNQROC Board for approval

8.5 Chairperson

(a) The Members must elect one Member to be the Chairperson of the Alliance; and

(b) The Chairperson shall preside at all Alliance meetings at which he or she is present.

(c) The appointment of the Chairperson will continue for a period of 12 months.

(d) When the Chairperson is not present at an Alliance meeting, those Members then

present must appoint one of their members to preside as Chairperson at that meeting.

9 Intellectual Property

9.1 Existing Intellectual Property Rights

Nothing in this Terms of Reference affects any existing Intellectual Property Rights of a party.

9.2 New Intellectual Property Rights

Title to any new Intellectual Property Rights that come into existence as a consequence of the parties co-operating to achieve the Key Objectives will, unless otherwise agreed in writing by all

of the parties, vest jointly in the parties upon its creation.

10 Costs

(a) Each member will bear its own costs in relation to:

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(i) the negotiation, preparation, and execution of this Alliance;

(ii) attendance at Alliance meetings; and

(iii) otherwise performing its obligations under this Terms of Reference.

(b) The parties will, derive a consensus funding agreement, based on the nature and

extent of the work required for:

(i) costs of external advisers engaged to provide advice to the parties on the Key

Objectives or the Agreed Actions or on any issues arising;

11 Additional Member Councils

Each party recognises and agrees that:

(a) other councils may wish to participate in the FNQ Water Alliance; and

(b) any approval to increase membership or provide information will be decided by the FNQROC Board.

12 General

12.1 Amendments

This document may only be amended by written agreement between all parties.

13 Execution

The parties have executed this Agreement on the dates set out below.

CAIRNS REGIONAL COUNCIL signed this ____ day of ____________

2016 by _________________________, the

Mayor Cairns Regional Council

) )

) )

)

...................................................... Mayor Cairns Regional Council

**NAME** COUNCIL signed this ____ day of ____________

2016

by _________________________, the (Position Title)

) )

)

) )

......................................................

(Position Title)

**NAME** COUNCIL

signed this ____ day of ____________ 2016

by _________________________, the

(Position Title)

)

) )

)

)

......................................................

(Position Title)


2016


) )

)

) )

......................................................

(Position Title)

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**NAME** COUNCIL



)

) )

) )

......................................................

(Position Title)


2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)

**NAME** COUNCIL



)

) )

) )

......................................................

(Position Title)


2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)

**NAME** COUNCIL



)

) )

) )

......................................................

(Position Title)


2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)

agenda - far north queensland · agenda meeting no. 13 meeting far north queensland council water...

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