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Shire of Capel

AGENDA ATTACHMENTS

26 July 2017 13.1 Code of Conduct and Statement of Business Ethics 13.2 Better Practice Review Program 14.1 Extractive Industry - Lot 1 South Western Highway, North Boyanup 14.2 Policy 2.31 - Compliance 14.3 Capel Civic Precinct Stage 3A - Lease for Future Car Park 15.3 Financial Statements for 30 June 2017 15.4 Adoption of Budget and Differential Rates for 2017/18

ATTACHMENT TO ITEM 13.1

Code of Conduct and Statement of Business Ethics

Attachment 1: Draft Code of Conduct Attachment 2: Draft Statement of Business Ethics

CodeofConduct EndorsedbyCouncilOCnnnndd.mm.yyyy

ATTACHMENT 1 TO ITEM 13.1

Contents

1. Introduction Message from the Chief Executive Officer Statutory Framework

2. Values, principles and behaviour

3. General conduct – Councillors & Committee Members 3.1 Obligations 3.2 Quasi-judicial decisions (Planning matters) 3.3 Meeting attendance

4. General conduct – Councillors & Employees 4.1 Record keeping responsibilities 4.2 Use of information 4.3 Relationships between Councillors and Employees 4.4 Use of Shire resources 4.5 Travel and sustenance expenses 4.6 Employee obligations

5. Conflict of Interest 5.1 Meetings – Councillors, Committee Members and Employees

5.2 Dealings with land – Councillors, Committee Members and Employees

5.3 Private work - Employees 5.4 Personal associations – Employees

6. Personal benefit 6.1 Gifts and benefits 6.2 Shire sponsored competitions 6.3 Improper or undue influence

7. Breaches and misconduct 7.1 Councillors & Committee Members 7.2 Employees – Breach of Code 7.3 Employees - Misconduct 7.4 Public Interest Disclosure

Attachment – Disclosure of Interest Form


Shire of Capel Code of Conduct

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1. Introduction

Statutory Framework This Code should be read in conjunction with the Local Government Act 1995, the Local Government (Rules of Conduct) Regulations 2007 and relevant sections of the Local Government (Administration) Regulations 1996. The Code of Conduct applies to Councillors, Committee Members and employees. For the purpose of this Code, ‘employee’ refers to any direct employee, labour hire employed through contract arrangement and volunteers under direct control of a Shire officer.

MessagefromtheChiefExecutiveOfficer This Code of Conduct provides Councillors, Committee Members and Employees of the Shire of Capel with consistent guidelines for an acceptable standard of professional conduct. It addresses the broader issue of ethical responsibility and encourages transparency and accountability. The Code provides clear guidelines for the standards of behaviour and ethical and accountable decision-making expected in our dealings with each other and the community. It does not establish a rule for every situation, but provides guidance and a basis of expectation for sound and ethical public administration. This Code details explanatory matters around key areas of:

Professional conduct Communication and official information Use of Shire resources and information Conflict of interest Management of gifts and benefits Reporting suspected breaches of this Code.



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2. Values,principlesandbehaviour Councillors, Committee Members and employees of the Shire of Capel are to:

Act with reasonable care and diligence.

Act with honesty and integrity.

Act lawfully and in accordance with legislation, this Code, Shire Policies, any applicable Delegations and lawful orders given by a person having authority to make or give such an order.

Act in the best interests of the Shire and the community.

Avoid damage to the reputation of the Shire of Capel.

Be open and accountable to the public.

Ensure there is no actual (or perceived) conflict between their personal interests and the impartial fulfilment of their professional duties, and complete a ‘Disclosure of Interest’ form when required (attached at the end of this Code).

Avoid bias, and base decisions on relevant and factually correct information.

Be polite and treat others with respect and fairness.

Present for work fit to undertake their role, including but not limited to being unimpaired by mind affecting substances whilst conducting Shire business.

Make no allegations which are improper or vexatious.

Avoid causing any reasonable person unwarranted offence or embarrassment.

Respect decisions made by Council.

Refrain from publically criticising either a Councillor, Committee Member or employee in a way that casts aspersions on their competence or credibility.

Respect the title of elected office by referring to Councillors with their formal title in any situation where a Councillor is representing the Shire of Capel.

Be mindful of their behaviour in public, particularly where it is easy to ascertain the person is associated with the Shire of Capel.

Maintain the confidentiality of documents and information assigned with this status.

Report any suspected misconduct or breaches of this Code in accordance with the requirements of Section 8 of the Code.



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3. Generalconduct‐CouncillorsandCommitteeMembers 2.1 Obligations

Legislation obliges Councillors to act in certain ways. Key legislative obligations include, but are not limited to the following:

representing the interests of the community as a whole and not just special interest groups;

participation in local government decision making and voting; and acting in a quasi-judicial manner when considering planning applications and

other requests for approvals and licences. Councillors must act in the best interests of the Shire and base decisions on relevant and factually correct information. In order to facilitate this, Councillors must:

read agendas and be adequately informed; treat matters on their individual merits; and act impartially.

2.2 Quasi-judicial decisions (Planning matters) When making quasi-judicial decisions in matters of Planning, Council is acting on behalf of the WA Planning Commission. Councillors must base their decisions on the:

law and Council Policies as they exist; and facts and merits of the case.

In matters of Planning, Councillors must not:

act with bias or a conflict of interest; or initiate site visits directly with an applicant or affected person. If a site visit is

desired, a request should be made to the Chief Executive Officer. The Chief Executive Officer will coordinate a site visit if appropriate and if circumstances permit. This will enable all Councillors to attend and have the same information when making decisions.

If contacted by an applicant or affected person, Councillors will:

endeavour to understand the reason for the applicant or affected person making contact;

advise the applicant or affected person of the role and principles of a Councillor in the role of quasi-judicial decisions maker;

encourage the applicant or affected person to make their views known through processes such as deputations and presentations to Council, or making submissions during a public consultation period; and

ensure that they do not commit their vote, or give an impression that they have committed their vote on the matter.



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Councillors may offer support or otherwise, but are obliged to consider all relevant facts and have regard to the debate at the meeting, prior to making their quasi –judicial decision. If an applicant or affected person provides information to a Councillor which is substantive to the decision making process, the Councillor must communicate that information to all other Councillors and the Chief Executive Officer prior to the meeting where a decision is proposed on the matter.

2.3 Meeting attendance

Councillors make a commitment to attend meetings when elected or appointed to Committees. If a Councillor or Committee Member is unable to attend a meeting:

an apology should be given, or a leave of absence should be sought.

If a Councillor has a deputy delegate for the relevant body, the Councillor who is unable to attend the meeting should inform the deputy delegate to ensure that person’s attendance if possible.

4. Generalconduct‐CouncillorsandEmployees 4.1 Record keeping responsibil ities Councillors, Committee members and employees shall comply with the State Records Act 2000 and the Shire’s policy on Records Management (Policy 2.20) to ensure adequate records are kept to evidence the performance of their duties. This means:

actions, decisions and transactions will be recorded appropriately to ensure transparency and accuracy;

information will recorded, managed and stored in accordance with record keeping procedures and legislative requirements; and

no records will be falsified, altered, damaged, backdated or destroyed. 4.2 Use of information Councillors, Committee members and employees shall not use information, whether assigned confidential status or not:

to gain improper advantage for themselves or for any other person or body; in ways which are inconsistent with the requirement to treat others with respect

and fairness and the obligation to act impartially; or to cause harm or detriment to any person, organisation or the Shire of Capel.

Councillors, Committee members and employees shall not make unauthorised use of information and other intellectual property, produced or registered by employees or



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external contractors for the Shire. The title to intellectual property in all official duties shall be assigned to the Shire upon its creation. 4.3 Relationships between Councillors & Employees The roles of Councillors and employees are prescribed in the Local Government Act 1995. In summary:

Councillors, through their membership of Council, are responsible for the strategic leadership of the Shire; and

The Chief Executive Officer is responsible for implementing the decisions of Council and managing employees.

Consequently, Councillors shall not direct or instruct employees and are specifically prohibited from involvement in Shire administration by the Local Government (Rules of Conduct) Regulations 2007, unless authorised by the Chief Executive Officer. Councillors shall undertake their day to day communication with the Shire directly with the Chief Executive Officer or relevant Executive Manager as per the requirements of the Shire of Capel Protocol for Councillor / Staff Contact. Employees may only undertake direct communications with Councillors when approved by the Chief Executive Officer or relevant Executive Manager. Councillors, Committee members and employees will ensure that in their dealings with each other, they:

work together as part of the Shire’s corporate team; maintain an environment of mutual respect and cooperation; and are respectful, frank and honest in their communications.

The President and Chief Executive Officer will ensure that, in their dealings with each other, they:

maintain open and frank communication; maintain regular contact; exchange information in a timely manner; have regard for their individual leadership responsibilities; and understand each other’s views and opinions.

Councillors and employees will endeavour to fairly and quickly resolve any serious conflict that arises between themselves and either another Councillor or employee, promptly and directly with that party in the first instance.



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4.4 Use of Shire resources Councillors, Committee members and employees shall:

be scrupulously honest in their use of the Shire’s resources, and shall not misuse them or permit their misuse (or the appearance of misuse) by any other person or body;

use the Shire resources entrusted to them accountably, effectively and economically in the course of their duties;

not directly or indirectly use Shire resources (including the services of Shire employees) for private purposes; and

report any damage or loss of property or equipment to the appropriate person immediately.

4.5 Travel and sustenance expenses Councillors, Committee members and employees shall only claim or accept conference, training, travelling and sustenance expenses arising out of travel related matters which have a direct bearing on the services, policies or business of the Shire in accordance with the Shire of Capel’s Policies 1.3, 1.6 and 3.10; the provisions of the Local Government Act 1995 s5.98(2) and relevant industrial awards. 4.6 Employee obligations While at work, employees will give their time and attention to Shire business and ensure that their work is carried out efficiently and effectively in accordance with Council policies, procedure and direction, and that their standard of work reflects favourably on themselves and the Shire of Capel. Employees will:

ensure that information provided to one Councillor is provided to all Councillors; and

deal with customers courteously, objectively and impartially.

5. ConflictofInterest The nature of Shire business is conducive to conflicts of interest arising between the personal interests of Councillors, Committee members and employees, and the performance of their public or professional duties. Conflicts of interest may arise from a number of sources, including friends, relatives, close associates, financial investments and past employment. They may result if a reasonable person would think that the behaviour or decision in question would result in a conflict between a person’s private interests and the interests of the Shire of Capel.



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A conflict can be financial or non-financial, or confer a material benefit or advantage. It may be actual, perceived or potential. 5.1 Meetings – Councillors, Committee members and Employees Councillors, Committee members and employees must at all times be mindful of the financial, proximity and impartiality interest provisions which are contained in local government legislation and comply with these. In particular, an employee who has an impartiality interest in any matter to be discussed at a Council or Committee meeting attended by the person must disclose the nature of the interest:

in a written notice given to the Chief Executive Officer before the meeting; or at the meeting immediately before the matter is discussed,

so that the Chief Executive Officer may inform the person presiding, and that person may inform others at the meeting before the item is discussed. An employee who has given or will give advice in respect of any matter to be discussed at a Council or Committee meeting not attended by the employee is to disclose the nature of any interest the person has in the matter:

in a written notice given to the Chief Executive Officer before the meeting; or at the time the advice is given,

so that the Chief Executive Officer may inform the person presiding, and that person may inform others at the meeting before the item is discussed. An employee is excused from disclosing an interest as referred to above if:

they did not know they had an interest in a matter; or did not know the matter would be discussed at a meeting; and they disclose their interest as soon as possible.

These disclosures and associated actions in relation to disclosures should be in accordance with all provisions of Regulation 34C of the Local Government (Administration) Regulations 1996. 5.2 Dealings with land – Councillors, Committee members and Employees Councillors, Committee members and employees shall notify the Chief Executive Officer (or the President in the case of the Chief Executive Officer) in writing, prior to either themselves or a closely associated person (as defined by the Local Government Act 1995) undertaking a dealing in land within the Shire (other than purchasing a principal place of residence).



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5.3 Private work - Employees Additional (secondary) employment external to the Shire may place employees at risk of being conflicted or impeded in their ability to carry out their duties. Secondary employment includes paid employment with another organisation, running a business, maintaining a professional practice or consultancy and being the director of an organisation. It may include voluntary activities if those activities have the potential to affect employment with the Shire of Capel. Where an employee wishes to engage in secondary work outside their employment with the Shire of Capel, approval must be requested in writing from the Chief Executive Officer if the proposed work involves:

the provision of goods or services to the Shire; work that may require a statutory approval by the Shire; the delivery of services already provided by the Shire; or work that may result in an actual, perceived or potential conflict of interest

between the employee’s obligations to the Shire and private work. The Chief Executive Officer retains the right to:

refuse approval; or to grant approval with conditions,

for an employee to engage in secondary work additional to their employment with the Shire of Capel. Employees who are approved to undertake secondary work shall under no circumstances use Shire equipment, premises, time, resources or consumables to conduct or undertake activities associated with their private work. Councillors and employees shall not undertake private work to assist external agencies in the development or lodgement of funding submissions that may compete with similar submissions by the Shire. 5.4 Personal associations - Employees Employees who exercise a regulatory, recruitment or management function shall make disclosure to the Chief Executive Officer before dealing with relatives or close friends, and wherever possible, disqualify themselves from dealing with those persons. Employees will refrain from partisan political activities which could cast doubt on their neutrality or ability to act in a professional capacity.



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6. Personalbenefits 6.1 Gifts and benefits In general, Councillors, Committee members and employees must not seek or accept (either directly or indirectly) any immediate or future gift (including any financial benefit, reward, donation or hospitality) for themselves or any other person or body as a result of their role with the Shire of Capel. There are some circumstances however when it is possible to accept a gift, however Councillors, Committee members and employees must be mindful of the legislative requirements of the Local Government (Administration) Regulations 1996 and Local Government (Rules of Conduct) Regulations 2006 to disclose receipt of such gifts and contributions to travel and comply with the requirements. This includes completing the relevant declaration forms provided by the Shire. In addition, Councillors, Committee members and employees should:

refuse all offers of money, gift vouchers or items easily converted to money such as shares which are made as a result of their position with the Shire;

refuse bribes; and report bribery attempts to the Chief Executive Officer or President.

6.1.1 Notifiable & Prohibited Gifts – Councillors and all employees

Councillors, Committee members and employees should not accept a gift worth $300 or more, and must notify the Chief Executive Officer of gifts accepted with a value of between $50 and $299 in circumstances where the gift is received from a person who: is undertaking or seeking to undertake an activity involving a local

government discretion; or it is reasonable to believe is intending to undertake an activity involving a

local government discretion. The timeline for notification and the content of the notification are to accord with the provisions of r12 of the Local Government (Rules of Conduct) Regulations 2007 (for Councillors) and r34B of the Local Government (Administration) Regulations 1996 for employees. The Chief Executive Officer will maintain Registers for gift notifications in accordance with the requirements of the Act and Regulations. Gifts and benefits with a commercial value of less than $50 received from a person or business undertaking, or who may in the future seek to undertake an activity which involves local government discretion are not required to be declared by law. However, Councillors, Committee members and employees are encouraged to submit a gift declaration voluntarily in these circumstances.



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6.1.2 Gifts and travel contributions – Councillors & Designated Employees

Councillors and Designated Employees must declare the receipt of gifts (other than those received from relatives) valued at $200 or more to the Chief Executive Officer within 10 days of receipt so that the relevant details may be included in the Shire of Capel Gift Register. The Local Government Act 1995 s5.82 provides additional detail. Councillors and Designated Employees must also declare to the Chief Executive Officer any contribution to travel (or accommodation incidental to travel) worth more than $200. The Local Government Act 1995 s5.83 provides further detail of when such contributions are exempt from the declaration requirement. If a person covered by this Code is unsure of how to respond to an offer of a gift, benefit or hospitality, they should seek advice from the Governance Officer or Chief Executive Officer.

6.2 Shire sponsored competitions Councillors, Committee members, employees and their spouses / partners are not eligible to benefit from Shire sponsored competitions, except where authorised by the Chief Executive Officer. 6.3 Improper or undue influence Councillors, Committee members and employees shall not take advantage of their office or position to improperly influence other members or employees in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain, pecuniary or otherwise, for themselves or for any other person or body. Similarly, Councillors and employees shall not take advantage of their office or position to improperly disadvantage or cause detriment to the Shire or any other person.

7. Breachesandmisconduct Breaches of this Code will be treated seriously. 7.1 Councillors and Committee members Complaints concerning Councillors will be managed in accordance with the Local Government (Rules of Conduct) Regulations 2007 if they relate to a breach of the Regulations. A Councillor who is suspected of breaching the Rules of Conduct Regulations may be reported to the Shire of Capel Complaints Officer (the Chief Executive Officer). Investigations will be conducted in accordance with Part 5, Division 9 of the Local Government Act 1995.



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Complaints that concern a breach of this Code but not a breach of the Rules of Conduct Regulations will be managed in accordance with natural justice and procedural fairness. 7.2 Employees – Breach of this Code A complaint alleging that an employee has breached this Code shall be made in writing. Complaints regarding:

an employee may be made firstly to the relevant Manager, or alternatively to the relevant Executive Manager or Manager Human Resources;

an Executive Manager will be made to the Chief Executive Officer; and the Chief Executive Officer will be made to the President.

The complaint will be investigated in a manner that is in accordance with the Shire Policies 3.16 Grievances, Investigations & Resolutions and 3.17 Performance Management & Disciplinary Action; Public Interest Disclosure procedures and the principles of procedural fairness and natural justice. 7.3 Employees - Misconduct For the purposes of this Code, misconduct is defined in accordance with s4 of the Corruption, Crime and Misconduct Act 2003. Misconduct generally occurs when a public officer abuses authority for personal gain, causes detriment to another person or acts contrary to the public interest. As public officers, Councillors and Employees are required to immediately report to the Chief Executive Officer any instance where there is reasonable suspicion that misconduct has occurred.

7.3.1 Minor misconduct This is misconduct that is of a significance that could potentially result in termination of an officer’s employment. In summary it could occur if an officer engages in conduct that:

adversely affects or could adversely affect the honest, impartial performance

of duties; constitutes a breach of trust placed in the officer; or involves misuse of information or material; and could potentially provide reasonable grounds for termination of employment.

The Chief Executive Officer has a statutory obligation to report a reasonable suspicion of minor misconduct to the Public Sector Commission.



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7.3.2 Serious misconduct

Serious misconduct refers to conduct by a public officer that is wilful, planned and deliberately corrupt, and could potentially result in a penalty of 2 or more years’ imprisonment. The Chief Executive Officer has a statutory obligation to report reasonable suspicion of serious misconduct to the Corruption and Crime Commission.

7.4 Public Interest Disclosure The Public Interest Disclosure Act 2003 (“Whistleblower Act’) facilitates the reporting of public interest information and provides protection for those who report this information. The Shire has a public interest disclosure (PID) procedure that provides confidential mechanisms for reporting and investigating misconduct allegations or improper conduct in accordance with the Act. Councillors, Committee members and employees are encouraged to contact the Shire’s nominated PID Officer (Governance Officer, 9727 0222) to seek guidance on disclosure and lodgement of completed disclosure forms.

Document History

Endorsed dd.mm.yy OCnnnn


Employee Disclosure of Interest DRAFT

Shire of Capel PO Box 369, Capel WA 6271 (P) 9727 0222 [email protected](F) 9727 0223

Last Updated 04.07.17

A Conflict of Interest occurs when there is a conflict (actual, perceived or potential) between an Officer’s private interests and their duties at the Shire of Capel. A Conflict of Interest may arise if a reasonable person would think that the behaviour would result in a conflict (see reverse side for a useful assessment tool).

A conflict can be financial or non-financial, or confer a material benefit or advantage.

A Conflict of interest includes personal advantage to an officer, their family, close relatives or business associates and outside business interests.

Actual conflict – a direct, existing conflict of interest between an officer’s duties and acompeting interest or third party.

Perceived conflict – it could reasonably be perceived, or give the appearance that acompeting interest could improperly influence an officer in the performance of their duties.

Potential conflict – arises where a staff member has an interest or obligation that couldconflict at some stage in the future with duties and responsibilities at the Shire.

Conflict Details

Officer

Position

Conflict Actual ☐ Perceived ☐ Potential ☐

I am declaring

Date range of conflict

Officer Declaration I declare that the details above of my private interests are correct to the best of my knowledge and that I am aware of my responsibility to take reasonable steps to avoid any actual, perceived or potential conflict of interest in connection with my employment at the Shire of Capel.

Signed Date

Chief Executive Officer

Signed Date

Form to Governance Officer when signed by both the officer and CEO.

Governance Officer

☐ Scan into GO.DEC.1 ☐ Store in Declarations Register



Do I have a conflict of interest?

Public duty versus private interest Do I have personal or private interests that may conflict or be perceived to conflict with my public duty? Potential Could there be benefits for me now or in the future that could cast doubt on my objectivity? Perception Remembering that perception is important, how will my involvement in the decision or action be viewed by others? Are there risks associated for me or my organisation? Proportion Does my involvement in this decision or action appear fair and reasonable in all the circumstances? Presence of mind What are the consequences if I ignore a conflict of interest? What if my involvement was questioned publicly? Promises Have I made any promises or commitments in relation to this matter? Do I stand to gain or lose from the proposed action or decision? (WA Integrity Coordinating Group)


StatementofBusinessEthics

IntroductionThis Statement of Business Ethics provides guidance for all sectors of the community when conducting business with the Shire of Capel. It outlines the Shire’s ethical standards and makes clear the expectation that suppliers and contractors will comply with these standards in all their dealings with the Shire. This Statement also outlines what suppliers and contractors can expect from the Shire of Capel.

BusinessPrinciplesEthics & integrity The Shire and its employees shall observe the highest standards of ethics and integrity in all activities and decision making processes, and act in an honest and professional manner at all times. All parties will be treated respectfully, equitably, consistently, impartially and fairly. Sustainability The Shire is committed to efficient, effective, economical and sustainable business practices. Environmental and social impacts will always be considered when purchasing goods and services and balanced against best value for money outcomes.

Transparency & accountability All hiring, purchasing and commercial operations shall be open and transparent, and comply with relevant legislation, regulations and Shire policies. Value for money The Shire will procure goods and services that offer the best value for money. Best value does not automatically mean lowest price. It also considers non-cost factors such as quality, longevity, reliability, risk exposure and compliance with specifications.

WhattoexpectfromtheShireThe Shire will ensure that all policies, procedures and practices concerning tendering, contracting and the purchase of goods and services are consistent with the highest standards of ethical conduct. Employees are bound by the Shire of Capel Code of Conduct. When doing business with the private sector, employees are accountable for their actions and are expected to:

Use public resources effectively and efficiently.

Deal with individuals, suppliers and contractors in a fair, respectful, honest and ethical manner.

Avoid any conflicts of interest (whether actual, perceived or potential).

Never seek gifts or personal benefits, whether direct or indirect from any aspect of the Shire’s commercial operations.


Shire of Capel Statement of Business Ethics

In addition, all Shire procurement activities will be guided by the following core business principles. All suppliers will be treated with

impartiality and fairness and given equal access to information to assist with quotations, tendering or supply.

All procurement activities and

decisions will be fully and clearly documented by the Shire to provide an effective audit trail and facilitate effective performance review of contracts.

Energy efficient equipment,

products containing recycled materials and environmentally

friendly products will be purchased where reasonably possible taking into account value for money.

Tenders will not be called unless

the Shire has a firm commitment to proceed to contract although Council reserves the right not to proceed with any tender or quotation so advertised.

The Shire will not disclose

confidential or proprietary information.

WhattheShireasksofyouThe Shire of Capel requires all private sector providers of good and services to observe the following principles when doing business with the Shire. Comply with Australian

legislation and workplace standards.

Gain an understanding of the

Shire’s policies, guidelines and procedures relating to purchasing, including this Statement.

Provide accurate and reliable

advice and information when required.

Declare actual, perceived or

potential conflicts of interest as soon as you or your employees become aware of the conflict.

Act ethically, fairly and honestly

in all your dealings with the Shire.

Take all reasonable measures to prevent the disclosure of confidential Shire information.

Do not engage in any form of

collusive practice, including offering Shire employees or Councillors inducements or incentives designed to improperly influence the conduct of their duties.

Do not discuss Shire business or

information in any form of media, including social.

Assist the Shire in the prevention

of unethical practices in business relationships by reporting such practices.


Shire of Capel Statement of Business Ethics

The Corruption and Crime Commission Act 2003 and other ‘whistle blower’ protection laws such as the Public Interest Disclosure Act 2003 protect people disclosing misconduct or corruption related matters from reprisal, and ensure disclosures are properly investigated and dealt with.

Whyiscomplianceimportant?By complying with this statement, contractors and suppliers will advance their own business objectives and interests in a fair and ethical manner. Contractors and suppliers should be aware of the consequences of not complying with this statement when doing business with the Shire of Capel. Improper and unethical conduct could lead to:

Termination of contracts. Loss of future work opportunities

with the Shire. Adverse publicity and damage to

the reputation of a contractor or suppliers.

Legal proceedings being commenced against a contractor or supplier.

GuidancenotesIncentives, gifts and benefits Legislation and the Shire’s Code of Conduct limit the ability of Shire employees and Councillors to receive incentives, gifts or benefits as a consequence of business relationships with contractors or suppliers. Accordingly, contractors and suppliers are requested to refrain from offering incentives, gifts or benefits to Shire employees or Councillors. Conflicts of interest All Shire employees, Councillors, business partners, contractors and suppliers are required to disclose actual, perceived, or potential conflicts of interest. Communication All communication should be clear and direct to minimise the risk or

perception of inappropriate influence being brought to bear on the business relationship. Canvassing of Councillors or employees during a tender process may disqualify bids from further consideration. Contact with Councillors while performing work for the Shire is prohibited unless authorised by the Chief Executive Officer. Use of Shire equipment, resources and information All Shire equipment, resources and information should only be used for its official purpose. Safety All parties shall observe legal and moral obligations to protect the safety of Shire employees, Councillors, committee members, contractors and the public.

ContactsIf you have any questions regarding this Statement, or wish to provide information about suspected corrupt conduct, please contact the Shire of Capel. [email protected]

Chief Executive Officer Shire of Capel PO Box 369 Capel, WA 6271 (08) 9727 0222


ATTACHMENTS TO ITEM 14.1

Extractive Industry - Lot 1 South Western Highway, North Boyanup

Attachment 1: Location Plan Attachment 2: Existing Contour and Feature Plan Attachment 3: Final Contour Plan Attachment 4: Access Upgrade Plan Attachment 5: Schedule of Submissions Attachment 6: Draft Licence and Conditions Attachment 7: Draft Extractive Industry Rehabilitation Agreement

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/ww

w

.bom

.gov

.a

u/cl

imat

e/av

erag

es/t

able

s/cw

00

9965

.

shtm

l),

whi

ch

wou

ld

enab

le

nois

e (a

nd

dust

) to

po

tent

ially

rea

ch o

ur p

rope

rty,

affec

ting

our

amen

ity.

Whi

le

we

unde

rsta

nd

we

are

loca

ted

furt

her

than

th

e re

com

men

ded

buffer

di

stan

ce

of

300-

500m

fo

r ex

trac

tive

indu

stries

(s

and)

un

der

the

Envi

ronm

enta

l Pr

otec

tion

Aut

hority

's G

uida

nce

Sta

tem

ent

No.

3 - S

epar

atio

n D

ista

nces

be

twee

n In

dust

rial

and

Sen

sitiv

e La

nd U

ses,

Jun

e 20

05,

we

are

curr

ently

af

fect

ed

by th

e no

ise

of

mac

hine

ry

that

is

us

ed

at

the

site

fr

om

time

to

time.

Allo

win

g ex

trac

tive

indu

stry

op

erat

ions

at

thi

s si

te w

ould

sev

erel

y im

pact

upo

n ou

r pe

acef

ul

lifes

tyle

an

d th

at

of

our

surr

ound

ing

com

mun

ity o

f Ros

eclif

Par

k Es

tate

. W

e ur

ge

the

Shi

re t

o ta

ke o

ur c

once

rns

into

con

side

ratio

n

AP

PLI

CA

NT

CO

MM

ENT:

O

pera

tions

at

the

Extr

activ

e In

dust

ry s

ite w

ill n

ot b

e oc

curr

ing

on a

da

ily b

asis

, bu

t w

ill b

e de

man

d dr

iven

. T

he s

ite w

ill b

e de

velo

ped

in 2

ha

bloc

ks a

nd n

ot h

ave

mul

tiple

mac

hine

s w

orki

ng a

cros

s th

e si

te.

Hou

rs

of

oper

atio

n w

ill

be

norm

al

wor

king

ho

urs.

Hou

rs

of

oper

atio

n w

ill n

ot o

ccur

aft

er h

ours

, Sun

days

or

long

wee

kend

s as

re

quired

. W

e no

te,

the

prop

erty

is o

utsi

de t

he b

uffe

r zo

ne f

or t

his

land

use.

O

FFIC

ER C

OM

MEN

T:

The

Noi

se M

anag

emen

t Pl

an i

nclu

ded

in t

he p

ropo

sal

requ

ires

any

no

ise

com

plai

nts

to

be

reco

rded

w

ith

follo

w

up

actio

n to

be

im

med

iate

ly c

omm

ence

d. T

he a

pplic

ant

has

agre

ed t

o re

view

and

re

vise

the

ir N

oise

Man

agem

ent

Plan

to

incl

ude

prov

isio

ns i

n th

e co

mpl

aint

s ha

ndlin

g pr

oced

ure

for

wor

k to

be

susp

ende

d pe

ndin

g co

mpl

aint

res

olut

ion.

R

ECO

MM

END

ATI

ON

:

A c

ondi

tion

for

a N

oise

Man

agem

ent

Plan

to

be s

ubm

itted

to

and

appr

oved

by

the

Shi

re t

o be

incl

uded

in t

he P

lann

ing

App

rova

l.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

whe

n as

sess

ing

the

abov

e m

entio

ned

appl

icat

ion.

2.

IC

R22

706

ICR22

893

We

wou

ld l

ike

to p

ut f

orw

ard

our

conc

erns

with

reg

ard

to t

he

abov

e ap

plic

atio

n.

We

live

in a

nor

th w

este

rly

dire

ctio

n fr

om t

he e

xtra

ctio

n si

te a

nd

are

conc

erne

d ab

out

the

effe

cts

this

will

hav

e on

our

life

styl

e an

d pr

oper

ty.

We

have

rea

d th

e st

rate

gies

tha

t ar

e to

be

put

in p

lace

if

the

licen

ce is

gran

ted,

whi

ch a

ll lo

oks

very

tho

roug

h, h

owev

er if

the

extr

actio

n lic

ence

is

appr

oved

and

the

se m

easu

res

fall

shor

t of

th

e ex

pect

atio

ns,

our

lifes

tyle

w

ill

be

affe

cted

.

We

have

co

ncer

ns r

egar

ding

noi

se,

envi

ronm

ent

and

traf

fic m

anag

emen

t,

whi

ch m

ay c

ause

dis

rupt

ion

to o

ur li

fest

yle.

Tr

ucks

and

loa

ders

all

have

an

audi

ble

reve

rse

war

ning

sys

tem

, w

hich

ca

nnot

be

su

ppre

ssed

, as

th

is

is

a sa

fety

fe

atur

e ne

cess

ary

for

thes

e ty

pes

of v

ehic

les.

W

ith t

ruck

s an

d lo

ader

s co

nsta

ntly

mov

ing

arou

nd t

he s

ite t

his

nois

e m

ay b

ecom

e a

cons

iste

nt

part

of

ou

r da

ily

life.

Th

ese

vehi

cles

an

d ot

her

mac

hine

ry u

sed

for

extr

actio

n of

the

san

d ha

ve a

ver

y no

ticea

ble

engi

ne

nois

e an

d w

ill

poss

ibly

em

it a

cons

tant

ba

ckgr

ound

hu

mm

ing.

Ef

fect

s on

the

loca

l tra

ffic

is c

once

rnin

g, t

he S

outh

Wes

t H

ighw

ay

alon

g th

at s

tret

ch o

f ro

ad i

s no

t ge

nero

us i

n w

idth

. I

t is

a

conc

ern

that

the

inc

reas

e in

tru

cks

ente

ring

and

exi

ting

this

site

an

d tr

avel

ling

alon

g th

e hi

ghw

ay w

ith m

any

car

trav

eler

s w

ill

incr

ease

the

ris

k of

saf

ety

on t

he h

ighw

ay.

Our

roa

d, H

aycl

if Ave

nue,

doe

s no

t ha

ve a

ded

icat

ed t

urn

left

lan

e, o

r ev

en a

w

ider

sec

tion

of r

oad

in w

hich

to

pull

over

to

redu

ce s

peed

in

prep

arat

ion

for

a le

ft t

urn

at a

saf

e sp

eed.

W

ith f

ully

loa

ded

truc

ks t

rave

lling

tow

ards

Bun

bury

, it

is e

xtre

mel

y co

ncer

ning

th

at t

his

is t

he c

urre

nt r

oad

stru

ctur

e at

thi

s in

ters

ectio

n. T

his

is

a bi

g ro

ad s

afet

y co

ncer

n co

nsid

erin

g th

e in

crea

sed

pres

ence

of

truc

ks t

hat

will

be

on t

he r

oad.

AP

PLI

CA

NT

CO

MM

ENT:

Li

cen

ce c

ond

itio

ns

Lice

nce

cond

ition

s w

ill

be

man

aged

an

d th

e Shi

re

of

Cap

el,

Dep

artm

ent

of

Envi

ronm

ent

and

Dep

artm

ent

of

Wat

er

will

be

un

dert

akin

g si

te

visi

ts

and

revi

ews

of

the

adhe

renc

e to

th

e co

nditi

ons

as r

equi

red.

SJ

Roa

dwor

ks w

ill c

omm

it to

wor

king

with

th

e re

gula

tors

to

ensu

re a

ll co

nditi

ons

are

met

and

man

age

any

com

plai

nts

that

are

rai

sed

whe

re c

ondi

tions

are

bre

ache

d.

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

Noi

se e

mis

sion

s w

ill b

e m

anag

ed u

nder

the

Env

iron

men

tal

Prot

ectio

n (N

oise

) Reg

ulat

ions

19

97.

Roa

ds

The

EIL

ackn

owle

dges

tha

t th

ere

will

be

incr

ease

d ro

ad a

ctiv

ity.

Mai

n Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

. W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

The

last

ing

impa

ct o

n th

e en

viro

nmen

t is

con

cern

ing

to u

s gi

ven

our

prox

imity

to

th

e ex

trac

tion

site

.

We

can

imag

ine

the

dist

urba

nce

and

long

ter

m im

pact

tha

t th

e hu

ge v

olum

e of

san

d to

be

extr

acte

d w

ill h

ave

on t

he g

roun

d its

elf

and

the

wat

er

tabl

e.

We

belie

ve t

he g

roun

d co

uld

be p

erm

anen

tly u

nder

min

ed,

caus

ing

unkn

own

prob

lem

s in

to t

he f

utur

e.

Dus

t ca

used

by

the

mov

emen

t of

san

d ca

n tr

avel

with

the

win

d an

d cr

eate

an

unpl

easa

nt e

nviron

men

t fo

r us

. W

e be

lieve

dus

t ca

n be

bl

own

off

the

load

ers,

tr

ucks

an

d th

e ex

trac

tion

equi

pmen

t.

The

stra

tegi

es t

o be

put

in

plac

e to

com

bat

the

dust

, w

hich

w

e be

lieve

is

to

w

ater

th

e sa

nd

dow

n,

cann

ot

poss

ibly

be

unde

rtak

en d

urin

g ex

trac

tion

and

load

ing

of t

ruck

s.

As

ther

e ar

e op

en g

razi

ng p

addo

cks

betw

een

the

site

and

our

pr

oper

ty,

we

belie

ve

ther

e is

a

real

po

ssib

ility

of

th

is

issu

e ar

isin

g on

our

pro

pert

y.

Ano

ther

con

cern

reg

ardi

ng t

he d

ust

is

during

th

e ev

enin

g,

whe

n th

e si

te

is

clos

ed.

Dur

ing

som

e ev

enin

gs

we

get

quite

st

rong

so

uth

east

erly

w

inds

, w

e ar

e co

ncer

ned

that

wat

erin

g th

e si

te w

ould

not

occ

ur d

urin

g th

e ev

enin

g, t

here

fore

the

dus

t w

ould

be

blow

n in

to o

ur h

ome

as w

e ve

ry r

egul

arly

hav

e do

ors

and

win

dow

s op

en o

f an

eve

ning

in

the

war

mer

mon

ths.

W

e m

oved

to

Nor

th B

oyan

up i

n Ju

ne l

ast

year

for

a p

eace

ful,

coun

try

lifes

tyle

. T

his

extr

actio

n of

san

d pr

opos

al m

ay p

ut t

his

lifes

tyle

at

risk

alo

ng w

ith t

he v

alue

of

our

hom

e an

d pr

oper

ty.

We

wis

h to

op

pose

th

is

appl

icat

ion

base

d on

th

e co

ncer

ns

outli

ned

in t

his

lett

er.

Du

st

The

extr

actio

n of

san

d w

ill o

ccur

in s

tage

s, a

nd r

ehab

ilita

tion

of t

he

impa

cted

are

as w

ill o

ccur

con

curr

ent

to t

he e

xtra

ctio

n of

san

d in

ea

ch c

ell.

As

a re

sult

the

site

will

not

be

entir

ely

expo

sed

and

ther

efor

e th

e risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

O

FFIC

ER C

OM

MEN

T:

It i

s co

nsid

ered

the

app

lican

t ha

s ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to n

oise

em

issi

ons,

ac

cess

/egr

ess

to

Sou

th

Wes

tern

H

ighw

ay,

impa

cts

on

grou

nd

wat

er a

nd t

he r

isk

of e

xces

sive

dus

t w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

3.

ICR23

125

As

a Rat

epay

er a

nd R

esid

ent

in R

osec

lif E

stat

e, I

am

writin

g to

su

bmit

my

stro

ng ob

ject

ion

to th

e gr

antin

g of

an

Ex

trac

tive

Indu

stry

Lic

ence

for

Lot

1 S

outh

Wes

t H

wy,

Nor

th B

oyan

up.

My

conc

erns

bel

ow in

clud

e, b

ut a

re n

ot li

mite

d to

the

fol

low

ing:

W

ater

Th

is

prec

ious

re

sour

ce

is

our

livel

ihoo

d.

We

depe

nd

on

the

AP

PLI

CA

NT

CO

MM

ENT:

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

qual

ity a

nd a

vaila

bilit

y of

our

gro

und

wat

er f

or b

oth

our

lives

tock

an

d ou

r ho

useh

old.

Any

de

grad

atio

n ie

. sa

linity

du

e to

th

e pr

opos

ed s

and

min

e ex

trac

tion

site

, w

ill h

ave

seve

re a

nd d

ire

cons

eque

nces

fo

r ou

r liv

elih

ood,

as

w

ell

as

the

surr

ound

ing

wet

land

s an

d na

tive

anim

al h

abita

t.

Envi

ronm

ent

/ N

ativ

e W

ildlif

e Als

o of

ex

trem

e co

ncer

n is

th

e pr

opos

ed

plan

to

re

mov

e id

entif

ied

Bla

ck C

ocka

too

nest

ing

tree

s on

Lot

1 S

outh

Wes

t H

wy.

We

are

alre

ady

seei

ng a

dec

line

in t

his

spec

ies,

and

all

effo

rt n

eeds

to

be m

ade

to p

rese

rve

the

habi

tat

whe

re t

hey

are

pres

ent.

Thi

s al

so g

oes

for

the

Poss

ums,

man

y sp

ecie

s of

nat

ive

frog

s, a

nd p

lant

life

in

this

are

a. I

t is

my

belie

f th

at t

he B

anks

ia

is n

ow t

o be

pro

tect

ed a

lso.

D

ust

& N

oise

Ano

ther

ar

ea of

ob

ject

iona

ble

conc

ern

is th

e du

st an

d no

ise

whi

ch w

ill b

e em

itted

fro

m t

his

oper

atio

n. T

he e

xtre

me

East

erly

w

inds

tha

t w

e ex

perien

ce w

ill m

ean

that

we

will

be

subj

ecte

d to

hi

gh l

evel

s of

bot

h. T

here

is

also

the

con

cern

of

the

actu

al d

ust

cont

ent,

and

the

impa

ct t

his

will

hav

e on

the

hea

lth o

f re

side

nts

livin

g so

cl

ose.

D

ue

to

the

Topo

grap

hy

of

the

surr

ound

ing

land

scap

e, w

e w

ill b

e in

the

direc

t pa

th o

f th

is f

ine

dust

and

I

feel

tha

t it

is t

he S

hire

's D

uty

of C

are

to t

ake

thes

e co

ncer

ns

very

ser

ious

ly.

Whi

ch b

ring

s m

e to

my

next

con

cern

: La

nd V

alue

W

e de

cide

d to

pur

chas

e th

is p

rope

rty

as i

t w

as a

spe

cial

Rur

al

Eque

strian

frien

dly

Zon

e.

Ther

e is

eve

ry c

hanc

e th

at in

gran

ting

and

extr

activ

e lic

ence

for

th

is s

and

extr

actio

n m

ine,

the

lan

d va

lues

of

our

prop

ertie

s w

ill

drop

. W

ho w

ould

wan

t to

buy

nex

t to

a s

and

min

e? W

e al

so

don'

t w

ant

to b

e kn

own

as "

Ros

eclif

Est

ate"

. Yo

u kn

ow,

the

plac

e ne

xt t

o th

e sa

nd m

ine!

! T

his

Hap

pens

!! -

It

beco

mes

a S

tigm

a.

wet

land

s.

Nat

ive

wild

life

SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.

Th

e EI

L ca

nnot

be

appr

oved

with

out

appr

oval

to

clea

r na

tive

vege

tatio

n.

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds W

A h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th

Wes

t H

ighw

ay

will

be

up

grad

ed

to

ensu

re

safe

ty

stan

dard

s ar

e m

et.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

Fina

lly t

here

is a

lso

the

issu

e of

: Tr

affic

& R

oad

Saf

ety

The

exit/

entr

y ro

ad

to

this

pr

opos

ed

site

is

righ

t on

th

e ov

erta

king

lan

e on

Sou

th W

est

Hw

y. T

his

in i

tsel

f po

ses

a hu

ge

road

saf

ety

risk

with

Hea

vy W

eigh

t La

den

Truc

ks e

nter

ing

and

exiti

ng t

he H

ighw

ay,

whe

re t

raffic

is

alre

ady

doin

g th

e 11

0km

sp

eed

limit.

It

will

be

an a

ccid

ent

wai

ting

to h

appe

n.

I si

ncer

ely

hope

tha

t as

a c

olle

ctiv

e gr

oup

of c

ounc

illor

s, y

ou w

ill

take

th

is

obje

ctio

n ve

ry

seriou

sly

and

I th

ank

you

for

your

at

tent

ion.

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

It s

houl

d be

not

ed t

hat

land

va

lues

ar

e no

t a

valid

pl

anni

ng

conc

ern.

Th

e is

sues

ra

ised

in

re

latio

n to

gro

und

wat

er,

nativ

e w

ildlif

e, n

oise

em

issi

ons,

exc

essi

ve

dust

an

d ac

cess

/egr

ess

to

Sou

th

Wes

tern

H

ighw

ay

have

be

en

addr

esse

d th

roug

h co

nditi

ons.

R

ECO

MM

END

ATI

ON

:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

4.

ICR23

120

OBJE

CTI

ON

S

TO

THE

“APP

LICAT

ION

FO

R

AN

EX

TRACTI

VE

IND

USTR

Y LI

CEN

SE

– LO

T 1

(165

80)

SO

UTH

W

ESTE

RN

H

IGH

WAY,

NO

RTH

BO

YAN

UP”

I

am c

once

rned

abo

ut t

his

prop

osal

due

to

the

impa

ct t

o th

e en

viro

nmen

t, e

spec

ially

the

am

ount

of

wat

er t

hat

the

appl

ican

t ad

vise

d th

ey

will

ne

ed

as

the

appl

ican

t ad

dres

sed

us

at

a co

mm

unity

mee

ting

and

advi

sed

us t

hat

‘wat

er’ i

s th

e on

ly w

ay

to a

ssis

t in

kee

ping

the

san

d fr

om c

ausi

ng d

ust.

D

ust

& W

ater

and

the

env

iron

men

t im

pact

: Th

e w

ater

cap

acity

re

quired

to

keep

the

dus

t do

wn

and

the

impa

ct t

o th

e w

ater

ta

ble

and

the

furt

her

impa

ct fo

r ca

usin

g sa

linity

. Als

o th

e gr

ound

wat

er m

ay b

e co

mpr

omis

ed.

The

oth

er c

onsi

dera

tion

that

con

cern

s m

e is

the

cap

abili

ty o

f th

is s

and

to a

bsor

b w

ater

as

it

is I

am

tol

d a

“rou

nd”

grai

n sa

nd w

ith a

low

abs

orpt

ion

rate

. S

o no

mat

ter

how

muc

h w

ater

is

utili

sed

the

sand

bei

ng

blow

n by

the

Eas

terly

win

ds a

s th

ey d

o no

w w

ill n

ot s

top.

W

e ar

e at

thi

s pr

esen

t tim

e ex

perien

cing

thi

s bl

own

sand

on

our

prop

ertie

s du

e to

the

loc

atio

n of

the

ext

ract

ion

min

e on

to t

he

“Ros

eclif

Par

k Es

tate

” co

mm

unity

sub

-div

isio

n.

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

Noi

se w

ill b

e m

anag

ed u

nder

th

e En

viro

nmen

tal P

rote

ctio

n (N

oise

) Reg

ulat

ions

199

7.

Du

st

The

extr

actio

n of

san

d w

ill o

ccur

in s

tage

s, a

nd r

ehab

ilita

tion

of t

he

impa

cted

are

as w

ill o

ccur

con

curr

ent

to t

he e

xtra

ctio

n of

san

d in

ea

ch c

ell.

As

a re

sult

the

site

will

not

be

entir

ely

expo

sed

and

ther

efor

e th

e risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

Hea

lth

&

wel

l-be

ing:

W

e ar

e co

ncer

ned

for

our

heal

th

and

wel

lbei

ng d

ue t

o th

e sm

all pa

rtic

le c

onsi

sten

cy o

f th

e sa

nd a

nd

brea

thin

g in

of

thes

e pa

rtic

les

from

a h

uman

hea

lth a

nd a

nim

al

heal

th p

oint

of

view

. Th

e Shi

re o

f C

apel

has

a d

uty

of c

are

to it

s ra

tepa

yers

in

this

com

mun

ity n

ot t

o in

flict

thi

s up

on u

s. T

he

cons

tant

blo

win

g of

the

san

d pa

rtic

les

onto

our

pro

pert

ies

and

the

cons

tant

par

ticle

s no

t on

ly o

n ou

r pr

oper

ty b

ut a

lso

in o

ur

hom

es.

Noi

se le

vels

are

als

o a

conc

ern

with

the

mac

hine

ry n

oise

leve

ls.

Traf

fic a

nd t

ruck

/veh

icle

mov

emen

t as

wel

l as

safe

ty.

Saf

ety

as

far

as t

he m

ovem

ent

of t

he t

ruck

s in

and

out

of

Sou

th W

este

rn

Hig

hway

as

the

busi

ness

ent

ry a

nd e

xit

is o

n w

hat

I ca

ll a

‘blin

d’

corn

er a

s th

e vi

sibi

lity

is c

ompr

omis

ed f

or m

otor

ists

tra

velli

ng

from

bot

h si

des

but

part

icul

arly

Nor

th f

rom

the

pro

pert

y.

Als

o I

have

a c

once

rn a

s th

e nu

mbe

r of

tru

cks

will

inc

reas

e ov

er t

ime

as t

he b

usin

ess

grow

s. F

umes

of

the

mac

hine

ry w

orki

ng m

ay

impa

ct t

he h

ealth

and

wel

lbei

ng a

s w

e in

hale

thi

s po

llutio

n in

th

e ai

r.

Prop

erty

val

ues

may

be

effe

cted

and

bec

ome

low

er a

s a

resu

lt of

the

min

e be

ing

loca

ted

so c

lose

to

our

Esta

te.

I kn

ow o

f ot

her

area

s su

ch a

s in

the

Chi

tter

ing

valle

y N

orth

Eas

t of

Per

th

that

ha

s a

‘rub

bish

du

mp’

st

igm

a ev

en th

ough

th

e ru

bbis

h du

mp

was

nev

er a

utho

rise

d.

Ano

ther

stig

ma

clos

er t

o ho

me

and

with

in o

ur C

apel

shi

re i

s th

e Ran

ge E

stat

e ar

ea o

n Ran

ge

road

w

hich

ha

s be

com

e kn

own

as th

e “t

ip ro

ad”.

Th

is ha

s hu

gely

im

pact

ed

the

pric

es

of

prop

ertie

s lo

cate

d ne

ar

the

Tran

sfer

sta

tion.

If

a sa

nd m

ine

whi

ch e

ssen

tially

thi

s is

, w

ill

very

like

ly im

pact

our

pro

pert

y pr

ices

and

als

o im

pact

upo

n ou

r es

tate

nam

e an

d co

uld

beco

me

know

n as

the

“M

ine

esta

te,

whe

re t

he w

hite

san

d hi

ll is

loca

ted”

. Zon

ing,

we

enjo

y th

e lif

esty

le i

n ou

r es

tate

and

the

zon

ing

of

this

are

a is

for

hor

ses

and

the

bree

ding

and

tra

inin

g of

tro

tter

s.

Roa

ds

The

EIL

ackn

owle

dges

tha

t th

ere

will

be

incr

ease

d ro

ad a

ctiv

ity.

Mai

n Roa

ds W

A h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th

Wes

t H

ighw

ay

will

be

up

grad

ed

to

ensu

re

safe

ty

stan

dard

s ar

e m

et.

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

It s

houl

d be

not

ed t

hat

land

va

lues

ar

e no

t a

valid

pl

anni

ng

conc

ern.

Th

e is

sues

ra

ised

in

re

latio

n to

noi

se e

mis

sion

s, e

xces

sive

dus

t an

d ac

cess

/egr

ess

to

Sou

th

Wes

tern

H

ighw

ay

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

Thes

e sm

all

hors

es a

re ‘

spoo

ked’

by

soun

ds a

nd t

hey

inju

re

them

selv

es

so

easi

ly.

The

nois

e m

ay

impa

ct

upon

th

is

enjo

ymen

t al

so.

Th

e co

st

of

thes

e pr

ecio

us

anim

als

is

enor

mou

s an

d in

juries

an

d ve

t bi

lls

happ

en

in

the

norm

al

cour

se o

f th

eir

lives

so

an a

spec

t th

at c

ould

add

to

this

inj

ury

and

cost

wou

ld n

ot b

e ac

cept

able

. It

wou

ld b

e gr

eatly

app

reci

ated

if

the

Shi

re c

hose

not

to

have

th

is e

xtra

ctio

n lic

ence

app

rove

d in

our

bac

kyar

d.

I be

lieve

tha

t a

sim

ilar

appl

icat

ion

was

rej

ecte

d a

num

ber

of

year

s ag

o an

d I

ask

that

you

ref

use

this

lic

ence

aga

in d

ue t

o th

e ab

ove

reas

ons

prov

ided

.

5.

ICR23

124

ICR23

435

ICR23

373

The

reas

on f

or t

his

emai

l is

rega

rdin

g an

app

licat

ion

for

a lic

ense

to

ex

trac

t sa

nd

from

Lo

t 1

Sou

th

Wes

tern

H

ighw

ay

Nor

th

Boy

anup

. Th

e la

nd

prop

osed

fo

r th

e ex

trac

tion

licen

se

is

adja

cent

to

Ros

eclif

Pa

rk

Esta

te,

a co

mm

unity

of

49

ru

ral

prop

ertie

s w

here

we

enjo

y pe

ace

and

tran

quill

ity a

ll ye

ar r

ound

. Alth

ough

th

e pr

opos

ed

min

ing

site

is

ba

rely

ou

tsid

e re

com

men

ded

buff

er l

imits

, th

e no

ise,

dus

t, t

ruck

mov

emen

ts

and

som

e im

port

ant

envi

ronm

enta

l is

sues

are

of

grea

t co

ncer

n to

our

res

iden

ts.

We

wer

e w

onde

ring

if

you

wer

e aw

are

of t

his

appl

icat

ion

and

to let

you

kno

w t

hat

the

Ros

eclif

com

mun

ity a

re

very

opp

osed

to

havi

ng a

min

e si

te s

o cl

ose

to o

ur b

eaut

iful

neig

hbou

rhoo

d. I

f at

all

poss

ible

we

wou

ld l

ike

you

to v

isit

our

com

mun

ity a

nd m

eet

with

som

e of

our

res

iden

ts t

o di

scus

s th

e is

sues

. Th

anks

for

tak

ing

the

time

to r

ead

my

emai

l and

I lo

ok f

orw

ard

to h

earing

fro

m y

ou in

due

cou

rse.

AP

PLI

CA

NT

CO

MM

ENT:

Buf

fer

limits

as

requ

ired

und

er t

he e

nviron

men

tal

regu

latio

ns f

or

this

act

ivity

are

met

for

thi

s Pr

ojec

t.

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

Noi

se w

ill b

e m

anag

ed u

nder

th

e En

viro

nmen

tal P

rote

ctio

n (N

oise

) Reg

ulat

ions

199

7.

Du

st

The

extr

actio

n of

san

d w

ill o

ccur

in s

tage

s, a

nd r

ehab

ilita

tion

of t

he

impa

cted

are

as w

ill o

ccur

con

curr

ent

to t

he e

xtra

ctio

n of

san

d in

ea

ch c

ell.

As

a re

sult

the

site

will

not

be

entir

ely

expo

sed

and

ther

efor

e th

e risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

Roa

ds

The

EIL

ackn

owle

dges

tha

t th

ere

will

be

incr

ease

d ro

ad a

ctiv

ity.

Mai

n Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons,

ex

cess

ive

dust

an

d ac

cess

/egr

ess

to

Sou

th

Wes

tern

Hig

hway

will

be

addr

esse

d th

roug

h co

nditi

ons

incl

uded

in

the

Plan

ning

App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

Att

ache

d is

a

petition

(s

ubm

itte

d on

th

e la

test

sh

ire

docu

men

tation

03

.02.

17)

rela

ting

to

the

reje

ctio

n of

the

ap

plic

atio

n fo

r an

Ex

trac

tive

In

dust

ry

Lice

nse

-

Lot

1(16

580)

Sou

th

Wes

tern

H

ighw

ay,

Nor

th

Boy

anup

. Th

is

Petition

is

pr

esen

ted

to

the

shire

of

Cap

el,

Wes

tern

Aus

tral

ia an

d it is

ex

pect

ed th

at

all

part

icip

ants

re

mai

n co

nfid

ential

prior

to

and

afte

r th

e ap

plic

atio

n is

con

side

red.

As

may

be

awar

e, R

osec

lif P

ark

esta

te c

onsi

sts

of 4

5 ru

ral

prop

erties

44

of w

hich

hav

e ho

mes

bui

lt

them

. Th

e Pe

tition

was

con

duct

ed o

n a

door

to

door

bas

is a

nd o

f th

e 44

occ

upie

d re

side

nts

41 w

ere

actu

ally

en

gage

d in

thi

s pe

tition

IE

93

%.

The

reas

on

for

this

is

be

caus

e so

me

prop

erties

wer

e ei

ther

em

pty

or

resi

dent

s w

ere

away

at

the

tim

e of

the

doo

r kn

ock.

Of

the

41 r

esid

ents

eng

aged

, 37

re

side

nts

agre

ed

to

reje

ct

the

appl

icat

ion,

(t

heir

sign

atur

es

can

be

seen

on

th

e at

tach

ed

petit

ion)

.

AP

PLI

CA

NT

CO

MM

ENT:

O

FFIC

ER C

OM

MEN

T:

Not

ed.

The

petit

ion

will

be

pres

ent

to C

ounc

il as

an

atta

chm

ent

to

the

repo

rt.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

37 r

ejec

tion

s of

41

canv

asse

d, r

esul

ts i

n a

reje

ctio

n ra

te o

f ov

er 9

0, t

his

tells

us

that

Ros

eclif

Par

k re

side

nts

stro

ngly

di

sapp

rove

of

this

san

d m

ine

in the

ir b

ack

yard

.

As

a re

side

nt o

f Ros

eclif

Par

k Es

tate

, N

orth

Boy

anup

I s

tron

gly

oppo

se

the

appl

icat

ion

from

“J

oyns

on

Ente

rprise

s”

for

an

Extr

activ

e In

dust

ry Li

cenc

e –

Lot

1 (1

6580

) Sou

th W

este

rn

Hig

hway

, N

orth

Boy

anup

. Fi

rst

the

emot

iona

l flu

ff,

I’m

sur

e yo

u ar

e w

ell

used

to

this

by

now

: M

y fa

mily

and

I m

oved

to

Ros

eclif

Par

k in

lat

e 20

00 f

rom

Per

th

and

our

child

ren

have

gro

wn

up i

n th

is m

agic

al s

ub d

ivis

ion

whe

re w

e ha

ve a

ll en

joye

d th

e sp

ace,

pea

ce a

nd t

ranq

uilli

ty o

f ou

r sm

all h

oldi

ng a

nd o

ur a

nim

als.

Not

hing

bet

ter

than

enj

oyin

g a

cold

bee

r or

a g

lass

of

red

win

e, s

ittin

g on

the

bac

k pa

tio o

f an

aft

erno

on w

atch

ing

the

sun

slow

ly s

ink

into

the

hor

izon

, th

e on

ly t

hing

spo

iling

the

sile

nce

bein

g th

e ch

atte

r of

the

abu

ndan

t lo

cal b

ird

life

or t

he n

eigh

ing

of a

n ev

er h

ungr

y ho

rse.

Sor

ry a

re y

ou s

till w

ith m

e he

re?

Ok

wel

com

e ba

ck t

o re

ality

, ov

er t

he p

age

are

som

e po

ints

tha

t I

feel

may

be

of s

ubst

ance

whe

n ad

visi

ng o

ur c

ounc

illor

s of

yo

ur d

epar

tmen

t’s d

ecis

ion

that

will

eith

er p

rote

ct o

ur d

ream

s or

sha

tter

our

rur

al e

xist

ence

for

eve

r.

Than

k yo

u fo

r ta

king

the

tim

e to

con

side

r m

y ob

ject

ion.

1

. Ex

isti

ng

Zon

ing

In

th

e do

cum

ent

“151

78-E

IL-A

pplic

atio

n-D

ocum

ent”

se

ctio

n 3.

1.3

it st

ipul

ates

: “T

he

appr

oval

is

fo

r th

e pu

rpos

es

of

SJ

Roa

dwor

ks

for

the

oper

atio

n of

the

bus

ines

s ac

tiviti

es o

f SJ

Roa

dwor

ks a

nd s

houl

d th

e pr

oper

ty b

e so

ld o

r th

e pr

opriet

or b

e ch

ange

d th

e ad

ditio

nal

use

will

cea

se.”

AP

PLI

CA

NT

CO

MM

ENT:


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

See

ing

as

SJ

Roa

dwor

ks

has

rece

ntly

be

en

sold

th

en

this

ad

ditio

nal

use

mus

t ha

ve

ceas

ed

impl

ying

th

at

Joyn

son

Ente

rprise

s sh

ould

no

lo

nger

be

st

orin

g or

us

ing

heav

y eq

uipm

ent

on L

ot 1

, Sou

th W

este

rn H

ighw

ay,

Nor

th B

oyan

up.

Even

if t

his

is n

ot a

s re

ad t

hen

sect

ion

3.1.

6 st

ipul

ates

: “A

ctiv

ities

con

duct

ed o

n th

e si

te s

hall

be l

imite

d to

tho

se i

n w

hich

the

pro

cess

es c

arried

out

, th

e m

achi

nery

use

d, a

nd t

he

good

s an

d co

mm

oditi

es c

arried

to

and

from

the

pre

mis

es w

ill n

ot

caus

e an

y in

jury

to,

or

will

not

adv

erse

ly a

ffec

t th

e am

enity

of

the

loca

lity

by r

easo

n of

the

em

issi

on o

f lig

ht,

nois

e, e

lect

rica

l in

terf

eren

ce,

vibr

atio

n,

smel

l, fu

mes

, sm

oke,

va

pour

, st

eam

, so

ot,

ash,

dus

t, w

aste

wat

er o

r ot

her

was

te p

rodu

cts”

O

ver

the

last

12

mon

ths

we

have

bee

n ex

perien

cing

a l

ot o

f ve

hicl

e m

ovem

ents

w

ithin

th

e pr

oper

ty,

the

reas

on

for

this

m

ovem

ent

is u

nkno

wn

but

has

resu

lted

in e

xces

s no

ise

and

dust

. 2

. N

oise

W

ith

refe

renc

e to

th

e do

cum

ent

“App

-K-N

oise

-Dus

t-an

d-D

ieba

ck-M

anag

emen

t-Pl

an-G

eola

try”

“N

oise

man

agem

ent”

, th

e bu

ffer

zon

es m

entio

ned

are

pure

ly g

ener

ic r

ecom

men

ded

zone

s.

It a

ppea

rs n

o ca

lcul

atio

ns h

ave

been

und

erta

ken

that

tak

e in

co

nsid

erat

ion

land

top

olog

y, w

eath

er,

resi

dent

ial i

mpa

ct e

tc?

3.

Du

st

With

re

fere

nce

to

the

docu

men

t “A

pp-K

-Noi

se-D

ust-

and-

Die

back

-Man

agem

ent-

Plan

-Geo

latr

y”

“Dus

t m

anag

emen

t”,

the

buffer

zon

es m

entio

ned

are

pure

ly g

ener

ic r

ecom

men

ded

zone

s.

I ap

pear

s no

cal

cula

tions

hav

e be

en u

nder

take

n th

at t

ake

in

cons

ider

atio

n la

nd t

opol

ogy,

wea

ther

pat

tern

s, r

esid

entia

l im

pact

et

c?

In a

dditi

on;

has

this

san

d be

en t

este

d fo

r co

ntam

inan

ts t

hat

may

be

har

mfu

l to

bot

h ex

cava

tion

wor

kers

and

or

loca

l re

side

nts?

IE

. If

inha

led

thro

ugh

dust

, ge

nera

ted

during

gen

eral

exc

avat

ion

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

and

or w

indy

con

ditio

ns?

I as

k th

is q

uest

ion

beca

use

if th

e sa

nd

cont

ains

sili

ca (

for

whi

ch I

bel

ieve

the

re i

s a

good

cha

nce

it do

es)

then

an

y ch

ance

th

at

dust

m

ay

be

blow

n in

to

the

resi

dent

ial

area

co

uld

have

se

riou

s he

alth

im

pact

s as

se

en

belo

w.

Sili

ca d

ust

Th

e fo

llow

ing

dise

ases

ar

e ca

used

by

ex

cess

ive

expo

sure

to

ai

rbor

ne s

ilica

dus

t:

Sili

cosi

s

Acu

te s

ilico

sis

(rap

id d

evel

opm

ent

afte

r sh

ort

expo

sure

to

high

con

cent

ratio

ns o

f si

lica

dust

).

Sili

cotu

berc

ulos

is (

silic

osis

suf

fere

rs a

re a

t a

high

er r

isk

of

deve

lopi

ng t

uber

culo

sis)

Sili

ca d

ust,

alo

ng w

ith o

ther

atm

osph

eric

con

tam

inat

es,

can

also

ca

use

or e

xace

rbat

e th

ese

dise

ases

:

Sim

ple

chro

nic

bron

chiti

s;

Chr

onic

airw

ay o

bstr

uctio

n;

Lu

ng c

ance

r.

Wh

at is

sili

cosi

s?

Sili

cosi

s is

a s

erio

us d

isea

se o

f th

e lu

ngs

caus

ed b

y br

eath

ing

in

crys

talli

ne s

ilica

dus

t. C

ryst

allin

e si

lica

is a

bas

ic c

ompo

nent

of

soil,

san

d, g

rani

te,

and

man

y ot

her

min

eral

s (a

com

mon

typ

e is

qu

artz

). I

t ca

n be

com

e re

spirab

le d

ust

whe

n w

orke

rs c

hip,

cut

, dr

ill,

or g

rind

obj

ects

tha

t co

ntai

n cr

ysta

lline

sili

ca.

In a

dditi

on,

the

prac

tice

of u

sing

san

d an

d ot

her

mat

eria

ls c

onta

inin

g si

lica

for

abra

sive

bl

astin

g le

d to

th

e cr

eatio

n of

hi

gh

leve

ls

of

crys

talli

ne s

ilica

dus

t.

Sili

cosi

s ca

n be

dis

ablin

g or

eve

n fa

tal.

Ther

e ar

e th

ree

type

s of

si

licos

is:

1. C

hron

ic/c

lass

ic s

ilico

sis

- th

is i

s th

e m

ost

com

mon

for

m a

nd

occu

rs a

fter

15-

20 y

ears

of

mod

erat

e to

low

exp

osur

es t

o re

spirab

le c

ryst

allin

e si

lica.


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

2. A

ccel

erat

ed s

ilico

sis

- w

hich

can

occ

ur a

fter

5-1

0 ye

ars

of

high

exp

osur

e.

3. A

cute

sili

cosi

s -

whi

ch c

an o

ccur

aft

er a

few

mon

ths

or a

s lo

ng a

s 2

year

s af

ter

expo

sure

to

extr

emel

y hi

gh l

evel

s of

cr

ysta

lline

sili

ca.

Cry

stal

line

silic

a al

so c

ause

s ca

ncer

of

the

lung

s.

http

://w

ww

.ohs

rep.

org.

au/h

azar

ds/c

hem

ical

s/si

lica#

mor

e Th

is is

one

of

man

y lin

ks t

o he

alth

issu

es r

elat

ing

to s

ilica

on

the

inte

rnet

as

I’m

sur

e yo

u ar

e aw

are.

W

ould

you

like

thi

s in

You

r ba

ck y

ard?

4

. R

oad

Saf

ety

I un

ders

tand

th

is

is

a M

ain

road

s is

sue

but

even

af

ter

the

prop

osed

roa

d ch

ange

s th

ere

is a

deg

ree

of c

once

rn f

rom

loc

al

Boy

anup

res

iden

ts.

Truc

ks t

urni

ng i

nto

the

prop

osed

ext

ract

ion

min

e w

hen

trav

ellin

g in

a s

outh

erly

direc

tion,

will

hav

e to

mer

ge

into

an

over

taki

ng l

ane

befo

re e

nter

ing

the

righ

t ha

nd t

urni

ng

sect

ion

of t

he m

odifi

ed r

oad.

Thi

s tu

rnin

g la

ne is

a s

hort

dis

tanc

e fr

om t

he e

nd o

f th

e ov

erta

king

lan

e, a

rec

ipe

for

disa

ster

for

th

ose

over

taki

ng s

low

er v

ehic

les

arou

nd a

sw

eepi

ng b

end

prio

r to

the

tur

ning

lane

.

Ther

e is

als

o gr

eat

conc

ern

for

truc

ks l

eavi

ng t

he m

ine

site

and

tr

avel

ling

sout

h re

quirin

g th

em t

o cr

oss

a tu

rnin

g la

ne a

nd a

du

al c

arriag

e w

ay t

hat’s

abo

ut t

o m

erge

bac

k in

to a

sin

gle

lane

. Ros

eclif

res

iden

ts a

re a

lso

conc

erne

d ab

out

the

very

ina

dequ

ate

road

jun

ctio

n en

tering

and

leav

ing

Ros

eclif

Par

k. T

here

is n

o ru

n on

/ r

un o

ff s

ectio

ns a

t th

is j

unct

ion

and

extr

a tr

uck

mov

emen

ts

from

th

e pr

opos

ed

extr

actio

n m

ine

will

on

ly

add

to

thes

e co

ncer

ns.

5.

Gro

un

d W

ater

Som

e of

our

res

iden

ts s

till u

se t

he lo

cal g

roun

dwat

er t

o no

t on

ly

feed

the

ir li

vest

ock

(as

we

all d

o) b

ut a

lso

to f

eed

a w

ater

sup

ply

to t

heir h

omes

via

san

d fil

ters

. Th

is s

uppl

y is

use

d as

drink

ing

Roa

ds

The

EIL

ackn

owle

dges

tha

t th

ere

will

be

incr

ease

d ro

ad a

ctiv

ity.

Mai

n Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

. W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent


NO

S

UM

MA

RY

OF

SU

BM

ISS

ION

C

OM

MEN

TS /

REC

OM

MEN

DA

TIO

N

wat

er a

nd g

ener

al h

ouse

hol

d co

nsum

ptio

n. S

houl

d th

e lo

cal

grou

nd w

ater

be

dim

inis

hed

or c

onta

min

ated

in

any

way

the

n th

is w

ill b

ecom

e a

real

iss

ue f

or a

ll re

side

nts.

Wha

t ch

ance

is

ther

e of

any

gro

und

wat

er d

eple

tion

or c

onta

min

atio

n? I

f th

ere

is

any

chan

ce o

f ei

ther

, th

en t

his

appl

icat

ion

mus

t be

rej

ecte

d in

th

e in

tere

st o

f Ros

eclif

Par

k Es

tate

and

sur

roun

ding

res

iden

ts.

6

. En

viro

nm

ent

The

mai

n co

ncer

n fr

om a

n en

viro

nmen

tal

aspe

ct i

s th

e cl

earing

of

na

tive

flora

an

d fa

una,

th

e ar

ea

to

be

clea

red

is

pred

omin

antly

ba

nksi

a w

oodl

and.

Th

is

type

of

w

oodl

and

is

beco

min

g a

scar

ce e

ntity

thr

ough

out

the

who

le c

ount

ry,

so m

uch

so t

hat

the

Min

iste

r fo

r th

e En

viro

nmen

t an

d En

ergy

, th

e H

on.

Josh

Fr

yden

berg

, ha

s ap

prov

ed th

e in

clus

ion

of th

e B

anks

ia

Wo

odla

nd

s o

f th

e S

wan

C

oas

tal

Pla

in o

n th

e lis

t of

th

reat

ened

ec

olog

ical

co

mm

uniti

es

unde

r th

e En

viro

nmen

t Pr

otec

tion

and

Bio

dive

rsity

Con

serv

atio

n Act

19

99,

in

the

enda

nger

ed c

ateg

ory.

Th

is l

istin

g be

cam

e ef

fect

ive

on 1

6 Sep

tem

ber

2016

and

sho

uld

mea

n th

at t

he c

lear

ing

of s

uch

woo

dlan

d in

thi

s pr

ojec

t no

t be

al

low

ed.

Rem

ovin

g th

e w

oodl

and

will

als

o gr

eatly

impa

ct o

n lo

cal

wild

life

spec

ies

such

as

the

thre

aten

ed B

lack

Coc

kato

o an

d th

e W

este

rn R

ingt

ail P

ossu

m.

wet

land

s.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

Wat

er h

as r

evie

wed

the

Pla

ns a

nd

prov

ided

ad

vice

w

hich

ha

s be

en

inco

rpor

ated

in

to

this

Li

cenc

e ap

plic

atio

n to

pro

tect

gro

undw

ater

. N

ativ

e w

ildlif

e SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.

O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons,

exc

essi

ve d

ust,

acc

ess/

egre

ss t

o Sou

th W

este

rn

Hig

hway

, gr

ound

w

ater

an

d na

tive

wild

life

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.


6.

ICR23

132

I re

side

on

and

own

a pr

oper

ty in

the

Ros

eclif

Par

k Es

tate

and

I

stro

ngly

op

pose

th

e ab

ove

appl

icat

ion

upon

th

e fo

llow

ing

grou

nds:

1.

N

oise

In

rec

ent

wee

ks r

esid

ents

of

the

esta

te h

ave

expe

rien

ced

nois

e po

llutio

n fr

om t

he e

quip

men

t op

erat

ed o

n Lo

t 1.

In

part

icul

ar,

the

reve

rsin

g w

arni

ng s

ound

s ca

rry

a lo

ng w

ay.

Ros

eclif

Par

k Es

tate

is

zone

d Spe

cial

Rur

al f

or t

he b

reed

ing

and

trai

ning

of

trot

ting

hors

es a

s sp

ecifi

ed b

y th

e Shi

re.

Each

of

the

resi

dent

s ha

s th

eir

reas

ons

for

livin

g in

the

est

ate

but

the

one

reas

on w

e al

l ha

ve i

n co

mm

on i

s a

desi

re t

o liv

e in

qui

et a

nd p

eace

ful

enjo

ymen

t of

our

pro

pert

ies.

We

elec

ted

to li

ve in

the

cou

ntry

to

fulfi

l tha

t de

sire

. Th

e le

vels

of

nois

e ar

e al

read

y di

srup

tive

of o

ur

lifes

tyle

an

d th

e m

inin

g ha

s su

ppos

edly

no

t ye

t be

gun.

Th

e ap

plic

atio

n is

for

the

ext

ract

ion

of s

ome

117,

000

tons

of

sand

an

nual

ly,

no s

mal

l op

erat

ion

so w

e ca

n ex

pect

noi

se l

evel

s to

in

crea

se c

onsi

dera

bly.

2.

D

ust

Sim

ilarly

the

resi

dent

s ha

ve

expe

rien

ced

dust

po

llutio

n fr

om

Lot

1. T

he R

osec

lif P

ark

Esta

te i

s si

tuat

ed t

o th

e w

est

of L

ot 1

an

d th

e pr

evai

ling

win

ds c

ome

from

the

eas

t br

ingi

ng w

ith t

hem

th

e du

st t

hat

is r

aise

d by

the

ope

ratio

ns o

n Lo

t 1.

Am

ongs

t th

e re

side

nts

are

youn

g fa

mili

es w

ith s

mal

l ch

ildre

n an

d re

tiree

s,

peop

le w

hose

hea

lth w

ill b

e m

ost

affe

cted

by

the

dust

pol

lutio

n.

The

resi

dent

s ha

ve a

rea

sona

ble

expe

ctat

ion

of l

ivin

g in

a c

lean

an

d he

alth

y en

viro

nmen

t in

the

cou

ntry

and

the

Shi

re h

as a

dut

y to

ens

ure

that

the

y do

not

per

mit

any

activ

ity t

hat

thre

aten

s th

e he

alth

of th

e re

side

nts.

3.

W

ater

Th

e su

ppre

ssio

n of

th

e du

st

pollu

tion

will

be

a

sign

ifica

nt

chal

leng

e gi

ven

the

very

fin

e ta

lk-l

ike

cons

iste

ncy

of t

he s

and.

It

will

tak

e ve

ry s

igni

fican

t qu

antit

ies

of w

ater

to

achi

eve

the

tota

l su

ppre

ssio

n of

the

dus

t an

d th

e on

ly w

ater

ava

ilabl

e fo

r th

is

purp

ose

is

grou

nd

wat

er.

Dra

win

g su

ch

quan

titie

s fr

om

the

grou

nd i

n cl

ose

prox

imity

to

Ros

eclif

Par

k Es

tate

will

hav

e a

seve

re n

egat

ive

impa

ct o

n th

e qu

ality

and

qua

ntity

of

grou

nd

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.


wat

er a

vaila

ble

to t

he r

esid

ents

of

the

esta

te a

nd t

he f

lora

and

fa

una

in t

he s

urro

undi

ng a

rea.

Sal

inity

lev

els

will

ris

e w

ith a

de

vast

atin

g im

pact

on

the

resi

dent

s, f

lora

, fa

una

and

lives

tock

in

the

area

. W

e do

not

hav

e ac

cess

to

sche

me

wat

er a

nd s

o re

ly

heav

ily o

n th

e gr

ound

wat

er f

or o

ur f

amili

es a

nd l

ives

tock

. Th

e su

rrou

ndin

g ar

ea is

hom

e to

spe

cies

of

nativ

e flo

ra,

in p

artic

ular

th

e ba

nksi

as a

nd is

hom

e to

the

bla

ck c

ocka

too.

4.

La

nd

Val

ue

In o

rder

to

live

in t

he c

ount

ry i

n pe

ace

and

tran

quill

ity a

nd t

o ra

ise

child

ren

in a

saf

e an

d he

alth

y en

viro

nmen

t th

e re

side

nts

of

the

esta

te h

ave

paid

a s

ubst

antia

l pr

emiu

m t

o pu

rcha

se l

and

in

the

esta

te c

ompa

red

with

sim

ilar

resi

denc

es in

the

city

. M

any

of

the

resi

dent

s ha

ve m

ade

sacr

ifice

s to

pay

thi

s pr

emiu

m a

nd

othe

rs a

re r

etired

and

not

in

a po

sitio

n to

tak

e a

loss

. G

rant

ing

an e

xtra

ctiv

e in

dust

ry l

icen

ce f

or a

n op

erat

ion

on o

ur d

oors

tep

will

hav

e a

very

sig

nific

ant

nega

tive

impa

ct o

n th

e va

lue

of o

ur

prop

ertie

s fo

r al

l the

rea

sons

men

tione

d ab

ove.

5

. Tr

affi

c &

Ro

ad S

afet

y Th

e Sou

th W

este

rn H

ighw

ay a

lrea

dy c

arries

som

e co

nsid

erab

le

heav

y ha

ulag

e tr

affic

. Th

e gr

antin

g of

the

ext

ract

ive

indu

stry

lic

ence

will

fur

ther

bur

den

the

high

way

at

a cr

itica

l po

int

whe

re

haul

tru

cks

will

be

turn

ing

onto

and

off

of

the

high

way

on

a bl

ind

corn

er.

It is

est

imat

ed t

hat

ther

e w

ill b

e an

add

ition

al 1

2,00

0 20

to

n tr

uck

mov

emen

ts

per

annu

m

in

this

ar

ea

to

mov

e th

e 11

7,00

0 to

ns o

f sa

nd t

he li

cenc

e w

ould

gra

nt.

This

is a

dan

ger

to

all w

ho u

se t

he h

ighw

ay.

6.

Envi

ron

men

t Som

e of

the

env

iron

men

tal

impa

ct h

as b

een

men

tione

d ab

ove

such

as

nois

e an

d du

st p

ollu

tion

with

its

atte

ndan

t im

pact

on

the

heal

th o

f th

e re

side

nts

livin

g in

clo

se p

roxi

mity

to

the

prop

osed

op

erat

ion

and

the

nega

tive

impa

ct o

n gr

ound

wat

er t

hat

will

af

fect

all

livin

g cr

eatu

res

and

flora

in t

he s

urro

unds

. Add

ition

ally

, th

e cl

earing

of

th

e ha

bita

t of

th

e bl

ack

cock

atoo

an

d ot

her

spec

ies

livin

g in

the

sur

roun

ds s

uch

as p

ossu

ms

and

the

like

will

be

dev

asta

ting

on t

hose

cre

atur

es.

The

Dep

artm

ent

of

Wat

er

has

revi

ewed

th

is

appl

icat

ion

and

prov

ided

com

men

t th

at t

he o

pera

ting

cond

ition

s w

ill n

ot i

mpa

ct

grou

ndw

ater

or

surf

ace

wat

er.

Roa

ds

The

EIL

ackn

owle

dges

tha

t th

ere

will

be

incr

ease

d ro

ad a

ctiv

ity.

Mai

n Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

N

ativ

e w

ildlif

e SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.


The

appl

ican

ts m

et w

ith s

ome

of t

he r

esid

ents

of

Ros

eclif

Par

k Es

tate

las

t M

onda

y ev

enin

g to

add

ress

our

con

cern

s. F

ar f

rom

al

layi

ng o

ur f

ears

the

mee

ting

serv

ed t

o el

evat

e th

em.

I hu

mbl

y as

k th

at y

ou t

ake

thes

e fa

ctor

s in

to c

onsi

dera

tion

in

mak

ing

your

dec

isio

n on

the

gra

ntin

g of

thi

s lic

ence

.

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

no

ise

emis

sion

s, e

xces

sive

dus

t, a

cces

s/eg

ress

to

Sou

th W

este

rn

Hig

hway

, gr

ound

w

ater

an

d na

tive

wild

life

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

7.

ICR23

126

I re

side

at

XXXX H

aycl

if Ave

in R

osec

lif P

ark

Esta

te.

We

are

one

of t

he l

onge

st s

tand

ing

resi

dent

s in

the

Est

ate

and

have

enj

oyed

the

tra

nqui

l qui

etne

ss o

f th

e ru

ral/

cou

ntry

life

and

STR

ON

GLY

OBJE

CT

to t

he A

pplic

atio

n fo

r th

e Ex

trac

tive

Indu

stry

Li

cenc

e -

Lot

1 (1

6580

) Sou

th W

este

rn H

ighw

ay,

Nor

th B

oyan

up.

The

extr

actio

n of

san

d an

d th

e la

nd m

ovem

ent

of m

inin

g w

ill

seve

rely

det

ract

fro

m f

utur

e sa

les

of t

he p

rope

rtie

s in

the

Est

ate,

m

ovem

ent

in t

he la

nd r

esul

ting

in c

rack

s in

hou

ses,

lim

itatio

n of

w

ater

as

they

will

be

usin

g th

e sa

me

bore

str

eam

s th

at w

e as

re

side

nts

are

usin

g.

This

Est

ate

was

set

up

in it

s da

y to

try

and

mov

e re

side

nts

from

th

e Bun

bury

tro

ttin

g co

mpl

ex t

his

kind

of

min

ing

will

sev

erel

y de

trac

t fr

om t

he a

rea.

AP

PLI

CA

NT

CO

MM

ENT:

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

gr

ound

wat

er w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed i

n th

e Pl

anni

ng A

ppro

val.

R

ECO

MM

END

ATI

ON

:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the


Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

8.

ICR23

190

I am

writin

g th

is l

ette

r to

exp

ress

my

conc

erns

for

the

gra

ntin

g of

an

Extr

activ

e In

dust

ry L

icen

ce –

Lot

1 (

1658

0) S

outh

Wes

tern

H

ighw

ay,

Nor

th B

oyan

up.

I ha

ve b

een

fort

unat

e en

ough

to

live

in t

he s

peci

al r

ural

sub

-div

isio

n of

Ros

eclif

Par

k Es

tate

. I

have

liv

ed h

ere

with

my

Part

ner

for

17 y

ears

. W

hen

we

chos

e th

is

prop

erty

it

ticke

d a

lot

of b

oxes

for

us,

priva

cy,

Qui

et,

good

w

ater

, w

e ha

ve w

orke

d ve

ry h

ard

to m

ake

it a

beau

tiful

gre

en

prop

erty

an

d ha

ve lo

ved

livin

g he

re.

I ce

rtai

nly

give

th

anks

ev

ery

time

I dr

ive

in,

to t

he p

erso

n w

ho h

ad t

he f

ores

ight

to

build

th

is

sub-

divi

sion

. N

ow

I am

lo

okin

g at

ha

ving

no

ise

pollu

tion,

mor

e du

st,

loss

of

grou

nd w

ater

(no

mat

ter

wha

t is

sa

id t

he w

ater

is

alw

ays

lost

whe

n th

ings

cha

nge)

, lo

ss o

f flo

ra

and

faun

a

whe

n th

e gr

ound

w

ater

le

vels

ch

ange

, pr

oper

ty

deva

luat

ion,

the

lis

t ca

n go

on.

We

are

all

mor

e aw

are

of o

ur

surr

ound

ings

and

all

the

catc

h ph

rase

s of

our

tim

e so

I w

ill j

ust

say

plea

se g

ive

this

Lic

ence

you

r fu

ll at

tent

ion

Cou

ncill

ors

as w

e ar

e on

ly a

tin

y po

rtio

n of

the

peo

ple

who

liv

e in

thi

s la

rge

Shi

re

but

this

is

our

hom

e an

d ba

ck y

ard

cons

ider

thi

s if

it w

ere

YOU

RS.

Than

k yo

u fo

r ta

king

the

tim

e to

rea

d m

y le

tter

.

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

. W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

.


OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

no

ise

emis

sion

s, e

xces

sive

dus

t, a

cces

s/eg

ress

to

Sou

th W

este

rn

Hig

hway

and

gro

und

wat

er w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

9.

ICR23

191

I am

writin

g to

the

Cap

el S

hire

to

lodg

e m

y co

ncer

n re

the

App

licat

ion

for

an

Extr

activ

e Li

cenc

e-Lo

t 1

(165

80)

Sou

th

Wes

tern

H

ighw

ay,

Nor

th

Boy

anup

. W

e ha

ve

over

th

is

last

Sum

mer

no

ticed

an

in

crea

se in

m

achi

nery

m

ovem

ent

at th

e pr

oper

ty E

ast

of o

ur o

wn.

Thi

s be

ing

cont

inuo

us b

eepi

ng o

f th

e re

vers

ing

sign

al u

sed

to w

arn

peop

le t

hat

mac

hine

ry i

s m

ovin

g,

incr

ease

in d

ust

as y

ou c

an s

ee it

han

ging

in t

he a

ir a

s th

e su

n is

go

ing

dow

n, s

ince

the

let

ter

has

arrive

d fr

om t

he S

hire

Cou

ncil

date

d 6t

h Fe

brua

ry

2017

it

has

been

ve

ry

quie

t fr

om

this

pr

oper

ty.

I pe

rson

ally

am

ver

y op

pose

d to

hav

ing

this

Lic

ence

gra

nted

as

I m

oved

int

o th

is p

rope

rty

for

the

mai

n re

ason

of

spec

ial

rura

l zo

ning

, th

e pr

ivac

y of

liv

ing

in t

he e

stat

e at

the

end

of

a ro

ad

that

is

a cu

ldes

ac,

very

litt

le t

raff

ic m

ovem

ent

and

that

it

is

quie

t. A

ll of

the

se t

hing

s ch

ange

with

tim

e fa

mili

es c

ome

and

go

etc

but

the

mai

n re

ason

s fo

r liv

ing

here

rem

ain.

I

am a

ret

urne

d se

rvic

eman

and

had

to

take

ear

ly r

etirem

ent

due

to a

dia

gnos

is o

f Po

st T

raum

atic

Str

ess

Dis

orde

r.

Ther

e ar

e a

num

ber

of iss

ues

that

will

in

time

prov

e de

trim

enta

l to

thi

s su

b-di

visi

on i

f th

e Li

cenc

e is

gra

nted

and

tha

t is

the

ch

ange

in

the

leve

l of

gro

und

wat

er,

(we

have

a s

prin

g fe

d da

m

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

. W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.


on o

ur p

rope

rty

that

hel

ps t

o ke

ep i

t gr

een

in t

he S

umm

er

mon

ths)

and

one

of

our

grea

test

con

cern

s is

pro

pert

y va

lues

as

we

will

be

rely

ing

on t

his

prop

erty

to

fund

our

old

age

. I

hope

thi

s le

tter

is

read

by

you

all a

nd c

onsi

dera

tion

is g

iven

to

us

all

in

this

w

onde

rful

is

land

of

sp

ecia

l ru

ral

prop

ertie

s in

Boy

anup

with

in t

he S

hire

of

Cap

el.

Wha

t w

ould

you

do

if it

wer

e in

you

r ba

ck y

ard?

The

Dep

artm

ent

of

Wat

er

has

revi

ewed

th

is

appl

icat

ion

and

prov

ided

com

men

t th

at t

he o

pera

ting

cond

ition

s w

ill n

ot i

mpa

ct

grou

ndw

ater

or

surf

ace

wat

er.

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

no

ise

emis

sion

s, ac

cess

/egr

ess

to Sou

th W

este

rn H

ighw

ay an

d gr

ound

wat

er w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed i

n th

e Pl

anni

ng A

ppro

val.

R

ECO

MM

END

ATI

ON

:

A c

ondi

tion

be in

clud

ed t

ime

limiti

ng t

he P

lann

ing

App

rova

l to

5 ye

ars.

Thi

s pr

ovid

es a

n op

port

unity

for

the

Shi

re t

o re

view

the

op

erat

ion

of t

he b

usin

ess

and

if ne

cess

ary

to r

econ

side

r th

e Pl

anni

ng A

ppro

val a

nd/o

r im

pose

add

ition

al c

ondi

tions

.

10

. IC

R23

246

I am

a r

atep

ayer

and

res

iden

t in

Ros

eclif

Est

ate,

Nor

th B

oyan

up.

I am

writin

g to

sub

mit

my

stro

ng o

bjec

tion

to t

he g

rant

ing

of a

n ex

trac

tive

Indu

stry

Lic

ence

for

the

pro

pose

d sa

nd e

xtra

ctio

n at

Lo

t 1

Sou

th W

est

Hw

y, N

orth

Boy

anup

. N

inet

een

year

s ag

o w

e pu

rcha

sed

our

prop

erty

due

to

it be

ing

a qu

iet,

rur

al e

ques

tria

n fr

iend

ly e

stat

e.

The

prop

osal

to

extr

act

sand

so

clos

e to

est

ablis

hed

hom

es w

ill

seve

rely

impa

ct o

n th

is li

fest

yle.

Th

e m

ain

area

s of

con

cern

are

: D

ust

& N

oise

- T

he d

ust

and

nois

e le

vels

whi

ch w

ill i

mpa

ct o

n us

due

to

the

pred

omin

antly

Eas

terly

win

ds e

xper

ienc

ed.

The

impa

ct

heal

th

wis

e du

e to

th

is

dust

, to

bo

th

resi

dent

s an

d liv

esto

ck/p

ets.

Als

o of

con

cern

is t

he im

pact

of

our

Nat

ive

anim

als

in t

he a

rea.

W

e ar

e al

read

y ex

perien

cing

a r

educ

tion

of o

ur N

ativ

e w

ildlif

e

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.


and

I st

rong

ly o

bjec

t to

the

rem

oval

of

iden

tifie

d Bla

ck C

ocka

too

nest

ing

tree

s. T

here

are

als

o po

ssum

s, f

rogs

and

man

y ot

her

livin

g sp

ecie

s w

hose

en

viro

nmen

t w

ill

be

dest

roye

d by

th

e pr

opos

ed la

nd c

lear

ing.

Veh

icle

mov

emen

ts w

ill a

lso

impa

ct o

n th

eir

surv

ival

. Th

e m

ain

conc

ern

how

ever

is t

he in

tegr

ity a

nd a

vaila

bilit

y of

our

g

rou

nd

wat

er.

Our

gro

und

wat

er i

s vi

tal

to o

ur v

ery

exis

tenc

e an

d ha

bita

t.

Our

ho

useh

old

and

lives

tock

re

lies

on

it.

Any

de

grad

atio

n in

the

wat

er t

able

or

qual

ity w

ill s

ever

ely

impa

ct o

n ou

r liv

elih

ood.

Thi

s ne

eds

to b

e pr

otec

ted

and

pres

erve

d. P

erio

d.

Roa

d s

afet

y is

als

o an

iss

ue o

f co

ncer

n. T

he e

ntry

/exi

t ro

ad t

o th

is p

ropo

sed

site

is r

ight

on

the

pass

ing

lane

. Th

e da

nger

of

an

acci

dent

by

fully

loa

ded

truc

ks e

nter

ing

and

exiti

ng t

he h

ighw

ay

is v

ery

real

. So

in c

losi

ng m

y ob

ject

ion,

I a

lso

just

wan

t to

exp

ress

my

wor

ry

that

gra

ntin

g th

is E

xtra

ctio

n Li

cenc

e w

ill r

educ

e th

e pr

oper

ty a

nd

hom

e va

lues

of

all

resi

denc

es i

n an

d ar

ound

the

Est

ate.

We

all

wan

t to

mai

ntai

n ou

r cu

rren

t qu

iet

Rur

al l

ifest

yle

and

it sh

ould

be

pre

serv

ed a

t al

l cos

t.

Than

k yo

u fo

r yo

ur a

tten

tion.

Du

st

The

extr

actio

n of

san

d w

ill o

ccur

in s

tage

s, a

nd r

ehab

ilita

tion

of t

he

impa

cted

are

as w

ill o

ccur

con

curr

ent

to t

he e

xtra

ctio

n of

san

d in

ea

ch c

ell.

As

a re

sult

the

site

will

not

be

entir

ely

expo

sed

and

ther

efor

e th

e risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

. O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons,

exc

essi

ve d

ust,

acc

ess/

egre

ss t

o Sou

th W

este

rn

Hig

hway

and

gro

und

wat

er w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to


5 ye

ars.

Thi

s pr

ovid

es a

n op

port

unity

for

the

Shi

re t

o re

view

the

op

erat

ion

of

the

busi

ness

an

d if

nece

ssar

y to

re

cons

ider

th

e Pl

anni

ng A

ppro

val a

nd/o

r im

pose

add

ition

al c

ondi

tions

.

11

. IC

R23

344

I st

rong

ly o

ppos

e th

e ap

plic

atio

n fo

r a

sand

ext

ract

ion

Lice

nce

Due

to

the

nois

e of

a m

ine

site

in

my

back

yar

d ,

the

dust

tha

t w

ill

be

blow

n ab

out

we

have

en

ough

of

th

at

alre

ady

. Th

e de

plet

ion

of o

ur g

roun

dwat

er it

has

gon

e do

wn

3 m

eter

s al

read

y si

nce

we

mov

ed

here

in

19

90,

and

the

deva

luat

ion

of

our

prop

erty

and

who

wou

ld w

ant

to b

uy in

the

bac

k ya

rd o

f a

min

e.

Thes

e ar

e m

y ob

ject

ions

for

the

san

d ex

trac

tion

site

.

AP

PLI

CA

NT

CO

MM

ENT:

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

. O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

grou

nd w

ater

will

be

addr

esse

d th

roug

h co

nditi

ons

incl

uded

in

the

Plan

ning

App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

12.

ICR23

369

I am

op

posi

ng

the

ELI

appl

icat

ion

for

Joyn

son

Lot

1 SW

H

ighw

ay.

Th

e m

ap in

dica

ting

offs

et a

reas

see

ms

to in

clud

e w

etla

nds

whi

ch

are

alre

ady

prot

ecte

d.

The

entr

y on

SW

Hig

hway

is a

lrea

dy a

saf

ety

haza

rd.

Intr

oduc

ing

AP

PLI

CA

NT

CO

MM

ENT:

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

.


anot

her

lane

will

be

conf

usin

g. A

lso

no a

ccou

nt h

as b

een

mad

e fo

r ve

hicl

es t

urni

ng o

ut o

f SJ

Roa

dwor

ks a

nd t

rave

lling

sou

th.

Thos

e tr

ucks

will

hav

e to

cro

ss o

ver

four

lan

es.

Bec

ause

of

the

curv

e in

th

e hi

ghw

ay

and

the

limite

d vi

sibi

lity

this

w

ill

be

dang

erou

s.

I al

so u

nder

stan

d re

side

nts

of R

osec

lif a

lrea

dy h

ave

dust

and

no

ise

issu

es w

ith t

he a

pplic

ant

who

sai

d pu

blic

ally

he

is a

lrea

dy

usin

g th

e sa

nd f

or h

ouse

pad

s. L

ater

at

the

com

mun

ity m

eetin

g hi

s w

ife s

aid

this

was

n’t

corr

ect.

The

re w

ill b

e an

incr

ease

in d

ust

and

nois

e in

the

are

a.

Als

o pr

oper

ty v

alue

s in

Ros

eclif

Est

ate

will

be

affe

cted

.

I do

not

agr

ee t

hat

sand

is

scar

ce.

Car

lo D

oyle

, at

thi

s st

age

cann

ot s

ell h

is s

and

in K

en B

ell R

oad.

Mai

n Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

. N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons,

ex

cess

ive

dust

an

d ac

cess

/egr

ess

to

Sou

th

Wes

tern

Hig

hway

will

be

addr

esse

d th

roug

h co

nditi

ons

incl

uded

in

the

Plan

ning

App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

13

. As

a fo

rmer

re

side

nt o

f Ros

eclif

Par

k an

d so

meo

ne w

hose

fa

mily

still

resi

des

in t

he r

esid

ential

are

a I

feel

the

pro

posa

l A

PP

LIC

AN

T C

OM

MEN

T:


ICR23

447

is

extr

emel

y de

trim

enta

l to

th

e re

side

nts

and

the

surr

ound

ing

envi

ronm

ent.

Fi

rstly,

ha

ving

gr

own

up in

the

ar

ea I

bel

ieve

the

uni

que

rura

l en

viro

nmen

t ha

s to

be

one

of

th

e m

ost

desi

rabl

e as

pect

s fo

r cu

rren

t an

d pr

ospe

ctiv

e ho

meo

wne

rs i

n th

e ar

ea.

In p

articu

lar

youn

g fa

mili

es e

njoy

th

e pe

ace,

qui

et an

d sa

fety

of

the

sur

roun

ding

s. I

fee

l th

e in

clus

ion

of

heavy

m

achi

nery

an

d in

crea

sed

traf

fic

will

ad

vers

ely

affe

ct s

uch

tran

quili

ty.

I'm

al

so

espe

cial

ly

conc

erne

d ab

out

the

impa

ct

this

w

ill

have

on

th

e en

viro

nmen

t itse

lf, i

n pa

rtic

ular

the

inc

reas

ed

leve

ls

of

nois

e an

d du

st.

Sur

ely

an

extr

action

pl

ant

will

m

arke

dly

incr

ease

the

noi

se l

evel

s fo

r su

rrou

ndin

g re

side

nts,

th

ereb

y un

derm

inin

g th

e ve

ry r

easo

n w

hy p

eopl

e ch

oose

to

mov

e to

suc

h a

quie

t ar

ea t

o be

gin

with.

Add

itio

nally

, th

e in

crea

sed

dust

le

vels

co

uld

have

ad

vers

e ef

fect

s on

re

side

nts,

th

e pe

ts an

d liv

esto

ck

they

ow

n an

d th

e lo

cal

wild

life.

In

co

nclu

sion

, m

y pa

rent

s m

oved

to

th

is

area

fr

om

Engl

and

over

17

year

s ag

o, s

peci

fical

ly t

o th

is l

ocal

e fo

r th

e ab

ove

reas

ons.

Th

ey,

alon

g w

ith

thei

r ne

ighb

ours

, ha

ve

fost

ered

a

frie

ndly

, sa

fe

and

com

mun

ity

driv

en

envi

ronm

ent

over

th

e in

terv

enin

g ye

ars.

I

am

extr

emel

y co

ncer

ned

that

th

e pr

opos

ed

deve

lopm

ent

will

und

erm

ine

not

only

th

eir

hard

w

ork

but

irre

voca

bly

dam

age

the

envi

ronm

ent

and

crea

te an

ar

ea of

re

al e

stat

e th

at is

no

long

er d

esirab

le f

or p

eopl

e to

sta

rt a

hom

e.

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons

and

exce

ssiv

e du

st

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

14

. IC

R23

448

I re

fer

to t

he l

ette

r ad

dres

sed

to m

y pa

rent

s, r

egar

ding

the

ab

ove

appl

icat

ion.

Thi

s le

tter

is

w

ritt

en

in

supp

ort

of

my

pare

nts'

ob

ject

ions

to

th

e de

velo

pmen

t ap

plic

atio

n,

whi

ch

shou

ld b

e re

fuse

d to

r th

e fo

llow

ing

reas

ons:

1.

It i

s no

t co

nsis

tent

with

the

cha

ract

er o

f th

e su

rrou

ndin

g ar

ea;

2.

Ther

e w

ill b

e a

sign

ifica

nt i

ncre

ase

in t

he a

mou

nt o

f du

st

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en


in t

he a

rea;

3.

The

nois

e of

the

qua

rry

will

im

pact

neg

ativ

ely

on t

he

near

by r

esid

ents

; 4.

It w

ill c

ause

env

iron

men

tal

harm

by

dam

agin

g na

tive

ve

geta

tion

and

pro

tect

ed s

peci

es ;

5.

Ther

e is

a

risk

of

en

viro

nmen

tal

dam

age

to

othe

r re

side

nts'

pro

pert

y.

It

will

ne

gativ

ely

affe

ct

near

by

resi

dent

s an

d th

e us

e an

d en

joym

ent

of t

heir p

rope

rty.

Ple

ase

take

the

abo

ve c

omm

ents

in

to c

onsi

dera

tion

in d

eter

min

ing

the

deve

lopm

ent

appl

icat

ion.

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds

are

met

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

. N

ativ

e w

ildlif

e SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.


OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

no

ise

emis

sion

s, e

xces

sive

dus

t, a

cces

s/eg

ress

to

Sou

th W

este

rn

Hig

hway

, gr

ound

w

ater

an

d na

tive

wild

life

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

15

. IC

R23

446

As

a pa

st r

esid

ent

of R

osec

lif P

ark

Esta

te I

write

to

expr

ess

my

oppo

sitio

n to

the

pr

opos

ed d

evel

opm

ent.

I

was

l l

ucky

en

ough

to

sp

end

my

child

hood

n

Ros

eclif

Pa

rk,

and

as a

re

sult

expe

rien

ced

the

man

y w

onde

rs th

at c

ome

wit

h liv

ing

in s

uch

a sa

fe,

qui

et a

nd p

eace

ful

rura

l ar

ea.

The

esta

te i

s co

mpl

etel

y vo

id o

f an

y no

ise

or o

ther

mea

ns

of

pollu

tion,

he

avy

traf

fic,

and

othe

r re

late

d in

dust

rial

w

orks

. W

hen

visi

ting

m

y pa

rent

s’

hom

e no

w

(at

num

ber

XX

XX

Rye

land

s),

it is

pl

easi

ng

to

see

the

child

ren

of

the

esta

te

part

akin

g in

m

any

of

the

activ

ities

aro

und

th

e ar

ea t

hat

I us

ed

to.

It

is

my

belie

f an

d un

ders

tand

ing

that

su

ch

acti

vitie

s an

d th

e ov

eral

l tr

anqu

ility

of

th

e es

tate

wou

ld b

e la

rgel

y d

isru

pted

if

the

deve

lopm

ent

at L

ot

1 w

ere

to

be

appr

oved

. N

ot o

nly

w

ould

the

es

tate

su

ffer

in

term

s of

its

ch

ild

and

fam

ily

frie

ndly

se

ttin

g,

but

the

surr

ound

ing

envi

ronm

ent

wou

ld

be

unde

r pr

essu

re

also

. A

deve

lopm

ent

like

the

one

prop

osed

can

not

occu

r w

itho

ut de

trim

ent

to

the

natu

re s

urro

undi

ng it.

I

hope

to

he

ar

posi

tive

ne

ws

abou

t th

e ap

plic

atio

n an

d co

ntin

ue t

o vi

sit

Ros

eclif

Pa

rk

Esta

te f

or t

he n

atur

al an

d pe

acef

ul a

rea

that

it

now

is.

AP

PLI

CA

NT

CO

MM

ENT:

N

oise

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.

R

oad

s Th

e EI

L ac

know

ledg

es t

hat

ther

e w

ill b

e in

crea

sed

road

act

ivity

. M

ain

Roa

ds h

as b

een

cons

ulte

d an

d ac

cess

to

and

from

the

site

on

Sou

th W

est

Hig

hway

will

be

upgr

aded

to

ensu

re s

afet

y st

anda

rds


are

met

. W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

. N

ativ

e w

ildlif

e SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.

Th

e Shi

re o

f Cap

el is

wor

king

in

cons

ulta

tion

with

the

Dep

artm

ent

of

Envi

ronm

ent

and

Reg

ulat

ion

to

ensu

re

all

envi

ronm

enta

l ap

prov

als

and

cond

ition

s ar

e co

nfirm

ed pr

ior

to th

e EI

L be

ing

appr

oved

. O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sues

rai

sed

in r

elat

ion

to

nois

e em

issi

ons,

exc

essi

ve d

ust,

acc

ess/

egre

ss t

o Sou

th W

este

rn

Hig

hway

, gr

ound

w

ater

an

d na

tive

wild

life

will

be

ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed in

the

Pla

nnin

g App

rova

l.

REC

OM

MEN

DA

TIO

N:


A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

16

. IC

R23

445

App

licat

ion

for

deve

lopm

ent

appr

oval

and

ext

ract

ive

indu

stry

lic

ence

- L

ot 1

(16

580)

Sou

th W

este

rn H

ighw

ay,

Nor

th B

oyan

up

We

refe

r to

you

r le

tter

dat

ed 6

Feb

ruar

y 20

17 i

nviti

ng u

s to

m

ake

subm

issi

ons

on t

he a

bove

app

licat

ion.

As

the

owne

rs a

nd

resi

dent

s of

a

near

by

prop

erty

, w

e st

rong

ly

oppo

se

the

prop

osed

dev

elop

men

t fo

r th

e fo

llow

ing

reas

ons.

W

e ha

ve li

ved

at R

osec

lif P

ark

Esta

te f

or 1

7 ye

ars

and

orig

inal

ly

purc

hase

d ou

r pr

oper

ty i

n 20

00 d

ue t

o its

qui

et r

ural

loc

atio

n an

d th

ough

t it

an i

deal

are

a to

pur

chas

e ou

r ho

me

and

rais

e ou

r fa

mily

. Th

e pr

oper

ty w

as z

oned

as

Spe

cial

Rur

al g

ivin

g us

th

e co

nfid

ence

tha

t it

wou

ld n

ot b

e su

bjec

t to

fur

ther

hou

sing

de

velo

pmen

t or

indu

strial

dev

elop

men

t.

Ros

eclif

Par

k Es

tate

is

brok

en d

own

into

5 a

cre

lots

, an

d ha

s a

stro

ng s

ense

of

loca

l co

mm

unity

whe

re r

esid

ents

and

fam

ily's

ov

er a

ll ag

e gr

oups

live

a s

afe,

qui

et a

nd p

ollu

tion

free

life

styl

e.

Res

iden

ts h

ave

chos

en t

o liv

e th

ere

to r

aise

the

ir f

amily

, re

tire

or b

uild

up

hobb

y fa

rms

or k

eep

thei

r ho

rses

, w

hich

was

the

or

igin

al o

bjec

tive

of t

he d

evel

opm

ent

was

it w

as f

irst

dev

elop

ed

in t

he 1

990'

s.

We

are

now

ext

rem

ely

shoc

ked

and

deva

stat

ed t

o fin

d th

at

ther

e is

an

appl

icat

ion

in p

roce

ss,

as a

bove

, w

hich

is

unde

r co

nsid

erat

ion

from

th

e Shi

re

of

Cap

el,

to

deve

lop

a sa

nd

extr

actio

n in

dust

ry o

nly

a fe

w h

undr

ed m

eter

s fr

om o

ur h

ome.

It

is o

ur f

irm

vie

w t

hat

the

Shi

re o

ught

to

refu

se t

he a

pplic

atio

n as

it

will

hav

e a

detr

imen

tal

impa

ct o

n re

side

nts,

lan

dow

ners

, th

e en

viro

nmen

t an

d th

e am

enity

of

the

loca

lity.

Fur

ther

, th

e ap

plic

atio

n is

no

t co

nsis

tent

w

ith

the

rele

vant

pr

ovis

ions

co

ntai

ned

in th

e Shi

re's

To

wn

Plan

ning

Sch

eme

No.

7,

th

e

AP

PLI

CA

NT

CO

MM

ENT:

Buf

fer

limits

as

requ

ired

und

er t

he e

nviron

men

tal

regu

latio

ns f

or

this

act

ivity

are

met

for

thi

s Pr

ojec

t.


Gre

ater

Bun

bury

Reg

ion

Sch

eme

and

appl

icab

le S

tate

pla

nnin

g an

d en

viro

nmen

tal p

olic

ies.

As

the

surr

ound

ing

area

is

of a

pre

dom

inan

tly r

ural

res

iden

tial

char

acte

r,

the

Shi

re

mus

t gi

ve

due

cons

ider

atio

n to

th

e ne

gativ

e im

pact

s th

e pr

opos

ed d

evel

opm

ent

will

hav

e on

the

qu

aliti

es a

nd c

hara

cter

istic

s w

hich

con

trib

ute

to t

he r

esid

entia

l am

enity

of

the

loca

lity.

N

oise

an

d D

ust

Th

e pr

opos

ed s

and

extr

actio

n ac

tiviti

es w

ill g

ener

ate

nois

e an

d du

st a

t le

vels

tha

t ar

e un

acce

ptab

le f

or a

rur

al r

esid

entia

l are

a.

The

deve

lopm

ent

appl

icat

ion

asse

rts

that

the

se im

pact

s w

ill b

e m

anag

ed t

hrou

gh s

ever

al m

itiga

tion

mea

sure

s. H

owev

er,

the

prop

osed

du

st

and

nois

e m

anag

emen

t pl

ans

are

far

from

ad

equa

te a

nd d

o lit

tle t

o de

mon

stra

te t

hat

thes

e im

pact

s ca

n be

effec

tivel

y ad

dres

sed.

N

oise

will

be

gene

rate

d fr

om a

var

iety

of

activ

ities

, in

clud

ing

the

oper

atio

n of

hea

vy m

achi

nery

req

uire

d fo

r th

e ex

trac

tion

and

proc

essi

ng o

f th

e sa

nd a

nd t

he h

eavy

hau

lage

tru

cks

that

w

ill b

e ne

eded

to

tran

spor

t th

e pr

oduc

t of

f-si

te.

A n

oise

im

pact

as

sess

men

t re

port

has

not

bee

n pr

epar

ed t

o de

mon

stra

te t

hat

the

extr

emel

y m

inim

al a

tten

uatio

n m

easu

res

are

suffic

ient

. Th

e sa

me

com

men

ts

appl

y to

th

e is

sues

ar

isin

g fr

om

the

gene

ratio

n of

exc

ess

dust

. Th

e pr

opos

ed m

itiga

tion

mea

sure

s go

no

fu

rthe

r th

an

dam

peni

ng

the

stoc

kpile

s w

ith

wat

er.

Furt

her,

w

e no

te

the

abse

nce

of

a si

te-s

peci

fic

dust

m

anag

emen

t pl

an.

The

topo

grap

hy

of

the

loca

lity

is

exce

edin

gly

flat,

w

hich

, in

co

mbi

natio

n w

ith

a pr

evai

ling

bree

ze,

will

com

fort

ably

allo

w f

or e

xces

s du

st a

nd n

oise

to

be

disp

erse

d ov

er a

gre

ater

are

a.

The

land

owne

rs

of

the

adja

cent

an

d ne

arby

ru

ral

lots

ar

e en

title

d to

gen

eral

ly e

xpec

t to

be

expo

sed

to n

o m

ore

than

the

'u

sual

' no

ise

that

mig

ht b

e ex

pect

ed w

ith r

ural

liv

ing,

whi

ch i

s la

rgel

y tr

ansi

ent

and

inte

rmitt

ent.

H

owev

er,

the

extr

activ

e op

erat

ions

an

d th

e no

ise

asso

ciat

ed

with

th

e co

ncen

trat

ed

Noi

se

Rev

erse

be

eper

s ar

e re

quired

fo

r th

e sa

fety

of

op

erat

ors.

O

pera

tors

w

ill

only

be

au

thor

ised

to

w

ork

during

re

gula

r an

d ap

prov

ed h

ours

of

oper

atio

n an

d SJ

Roa

dwor

ks h

as p

lann

ed t

he

site

to

en

sure

th

at

the

buffer

as

re

quir

ed

by

envi

ronm

enta

l re

gula

tions

is

esta

blis

hed.

Act

ivity

on

site

will

be

dem

and

driv

en

and

may

not

occ

ur o

n a

daily

bas

is.

D

ust

Th

e ex

trac

tion

of s

and

will

occ

ur in

sta

ges,

and

reh

abili

tatio

n of

the

im

pact

ed a

reas

will

occ

ur c

oncu

rren

t to

the

ext

ract

ion

of s

and

in

each

cel

l. A

s a

resu

lt th

e si

te w

ill n

ot b

e en

tirel

y ex

pose

d an

d th

eref

ore

the

risk

of

dust

impa

ctin

g th

e si

te w

ill b

e m

inim

al.

Wat

er

truc

ks w

ill b

e in

con

stan

t us

e w

hene

ver

ther

e is

on-

site

act

ivity

.

On

days

whe

re s

tron

g w

inds

are

cau

sing

hig

h lo

sses

of

soil,

SJ

Roa

dwor

ks w

ill s

top

wor

k un

til c

ondi

tions

hav

e im

prov

ed.


vehi

cle

mov

emen

ts o

n ar

riva

l an

d de

part

ure

from

the

site

will

re

sult

in

sign

ifica

nt

adve

rse

nois

e im

pact

on

ad

join

ing

and

near

by r

esid

ence

s. T

he p

ropo

sed

deve

lopm

ent

wou

ld d

imin

ish

the

exis

ting

and

likel

y fu

ture

am

enity

of

the

rura

l ch

arac

ter

of

the

loca

lity.

En

viro

nm

enta

l Im

pac

ts

The

prop

osed

de

velo

pmen

t w

ill

resu

lt in

se

vera

l ad

vers

e en

viro

nmen

tal

impa

cts,

inc

ludi

ng t

he d

estr

uctio

n of

for

agin

g an

d br

eedi

ng h

abita

t fo

r Car

naby

's C

ocka

toos

. W

e no

te t

hat

a se

para

te

clea

ring

ap

plic

atio

n is

un

derg

oing

en

viro

nmen

tal

asse

ssm

ent

at t

he C

omm

onw

ealth

and

Sta

te lev

el.

Ther

e is

no

guar

ante

e th

at t

he c

lear

ing

appl

icat

ion

will

be

appr

oved

, an

d,

at t

he v

ery

leas

t, w

e co

nsid

er t

he S

hire

oug

ht t

o de

lay

furt

her

cons

ider

atio

n of

th

e pr

opos

ed

deve

lopm

ent

until

Sta

te

and

Com

mon

wea

lth e

nviron

men

tal a

ppro

vals

are

gra

nted

. Fu

rthe

r, it

doe

s no

t ap

pear

tha

t th

e ap

plic

atio

n ha

s id

entif

ied

or

adeq

uate

ly

expl

ored

th

e po

tent

ial

off-

si

te

envi

ronm

enta

l im

pact

s ar

isin

g fr

om

the

prop

osed

ex

trac

tive

activ

ities

. Rel

ated

ly,

ther

e is

an

abse

nce

of p

ropo

sed

mea

sure

s w

hich

de

mon

stra

te t

hat

any

off-

site

env

iron

men

tal

impa

cts

can

be

miti

gate

d. W

e no

te t

hat

the

Cou

ncil

is r

equi

red

to h

ave

rega

rd

to t

he p

oten

tial f

or e

nviron

men

tal d

egra

datio

n in

det

erm

inin

g a

deve

lopm

ent

appl

icat

ion

with

in t

he R

ural

zon

e. A

ccor

ding

ly,

the

appl

icat

ion

ough

t to

be

refu

sed

in li

ght

of t

his

cons

ider

atio

n.

We

resp

ectf

ully

sub

mit

that

the

Cou

ncil

ough

t to

exe

rcis

e its

di

scre

tion

to r

efus

e th

e ap

plic

atio

n.

Nat

ive

wild

life

SJ

Roa

dwor

ks h

as r

efer

red

this

pro

ject

to

the

Dep

artm

ent

of t

he

Envi

ronm

ent

for

asse

ssm

ent.

Th

e D

epar

tmen

t ha

s co

nfirm

ed t

his

proj

ect

is a

Con

trol

led

Act

ion

and

will

req

uire

for

mal

ass

essm

ent

unde

r th

e En

viro

nmen

t an

d Bio

dive

rsity

Pro

tect

ion

Act

199

9.

This

as

sess

men

t w

ill o

ccur

und

er t

he b

ilate

ral

agre

emen

t w

ith t

he W

A

envi

ronm

ent

regu

lato

r th

e D

epar

tmen

t of

En

viro

nmen

tal

Reg

ulat

ion.

O

ffse

ts,

Rev

eget

atio

n an

d Reh

abili

tatio

n Pl

ans

have

be

en pr

epar

ed fo

r th

e si

te in

or

der

to re

duce

th

e im

pact

th

is

activ

ity w

ill h

ave

on t

he e

xist

ing

envi

ronm

ent.

Th

e EI

L ca

nnot

be

appr

oved

with

out

appr

oval

to

clea

r na

tive

vege

tatio

n.

OFF

ICER

CO

MM

ENT:

It

is

co

nsid

ered

th

e ap

plic

ant

has

adeq

uate

ly

addr

esse

d th

e ob

ject

ions

rai

sed

in t

he s

ubm

issi

on.

The

issu

es r

aise

d in

rel

atio

n to

no

ise

emis

sion

s,

exce

ssiv

e du

st,

and

nativ

e w

ildlif

e w

ill

be

addr

esse

d th

roug

h co

nditi

ons

incl

uded

in t

he P

lann

ing

App

rova

l.

REC

OM

MEN

DA

TIO

N:

A c

ondi

tion

be i

nclu

ded

time

limiti

ng t

he P

lann

ing

App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.

17

. IC

R23

434

Than

k yo

u fo

r th

e in

vita

tion

to c

omm

ent

on t

he a

pplic

atio

n fo

r an

EI

L at

Lo

t 1

(165

80)

Sou

th

Wes

tern

H

ighw

ay,

Nor

th

Boy

anup

by

Joyn

son

Ente

rprise

s.

I ha

ve s

ever

al c

once

rns

bein

g th

e fa

rm i

mm

edia

tely

nor

th.

We

are

not

hydr

olog

ists

or

envi

ronm

enta

l sc

ient

ists

but

far

mer

s.

We

do r

ely

on a

t le

ast

2 sh

allo

w u

nder

grou

nd s

trea

ms,

one

AP

PLI

CA

NT

CO

MM

ENT:

W

ater

D

evel

opm

ent

of t

he s

ite w

ill r

equi

re t

hat

a 2

met

re s

epar

atio

n di

stan

ce b

etw

een

grou

ndw

ater

and

soi

l su

rfac

e is

mai

ntai

ned

to


supp

lies

wat

er t

o ou

r da

m t

hat

wat

ers

our

stoc

k (i

t is

blu

e w

ater

) an

d th

e ot

her

tric

kles

int

o th

e Pr

esto

n Riv

er a

nd a

llow

s so

me

of

the

farm

to

ha

ve

a bi

t of

gr

een

thro

ugho

ut

the

sum

mer

. Som

e of

thi

s is

not

ed o

n a

Wat

er &

Riv

ers

prot

ecte

d w

etla

nds.

Th

e Pr

esto

n Riv

er i

s al

so o

ur d

omes

tic a

nd s

tock

w

ater

, an

d it

is m

y un

ders

tand

ing

the

Pres

ton

is f

ed a

t th

is e

nd

by t

hese

spr

ings

. I

can

not

say

if th

e sa

nd m

ine

will

cha

nge

this

ov

ertim

e, it

is a

gut

fee

ling

and

wor

ry.

In

20

year

s’ t

ime,

who

kno

ws

wha

t w

ill b

e, b

ut i

f no

thin

g is

sa

id,

I on

ly h

ave

mys

elf to

bla

me

for

a m

isse

d op

port

unity

. I

have

liv

ed h

ere

for

25 y

ears

with

my

husb

and

who

has

bee

n he

re a

ll hi

s lif

e as

his

fat

her

was

. H

is g

rand

pare

nts

built

thi

s ho

use

in a

bout

190

1-3.

The

pla

ns s

how

a p

lann

ed 4

0m b

uffe

r on

ly o

n ou

r bo

unda

ry m

any

of t

he l

arge

tre

es a

nd t

he c

urre

nt

skyl

ine

will

dis

appe

ar.

Thi

s is

onl

y a

visu

al t

hing

but

I w

onde

r ho

w

this

na

rrow

st

rip

of

bush

ca

n su

rviv

e w

ithou

t be

ing

impa

cted

by

the

redu

ced

prot

ectio

n fr

om i

tsel

f.

Cha

nge

is

som

etim

es u

nwel

com

e ev

en if

out

of

our

hand

s.

I am

writin

g th

is f

rom

my

pers

pect

ive

only

. I

also

wis

h to

say

th

at S

hayn

e Jo

ynso

n is

a g

ood

neig

hbou

r an

d a

very

gen

erou

s pe

rson

. I

wis

h hi

m w

ell

with

his

app

licat

ion.

Pl

ease

tak

e m

y co

ncer

ns in

to c

onsi

dera

tion

whi

lst

delib

erat

ing

this

pro

posa

l.

redu

ce t

he p

oten

tial

impa

ct t

o gr

ound

wat

er a

nd G

W d

epen

dent

w

etla

nds.

A d

rain

age

plan

has

bee

n pr

epar

ed i

n or

der

to r

educ

e th

e risk

of

co

ntam

inat

ed

surf

ace

wat

er

impa

ctin

g su

rrou

ndin

g w

etla

nds.

Th

e D

epar

tmen

t of

W

ater

ha

s re

view

ed

this

ap

plic

atio

n an

d pr

ovid

ed c

omm

ent

that

the

ope

ratin

g co

nditi

ons

will

not

im

pact

gr

ound

wat

er o

r su

rfac

e w

ater

. O

FFIC

ER C

OM

MEN

T:

It

is

cons

ider

ed

the

appl

ican

t ha

s ad

equa

tely

ad

dres

sed

the

obje

ctio

ns r

aise

d in

the

sub

mis

sion

. Th

e is

sue

rais

ed i

n re

latio

n to

gr

ound

wat

er w

ill b

e ad

dres

sed

thro

ugh

cond

ition

s in

clud

ed i

n th

e Pl

anni

ng A

ppro

val.

R

ECO

MM

END

ATI

ON

:

A co

nditi

on be

in

clud

ed tim

e lim

iting

th

e Pl

anni

ng App

rova

l to

5

year

s. T

his

prov

ides

an

oppo

rtun

ity f

or t

he S

hire

to

revi

ew t

he

oper

atio

n of

th

e bu

sine

ss

and

if ne

cess

ary

to

reco

nsid

er

the

Plan

ning

App

rova

l and

/or

impo

se a

dditi

onal

con

ditio

ns.


EXTRACTIVE INDUSTRIES LICENCE

Clause 3.1(3)(b) Licensee: SHANE DOUGLAS JOYNSON

Address: LOT 1, SOUTH WESTERN HIGHWAY NORTH BOYANUP WA 6237

Land Description: LOT 1, SOUTH WESTERN HIGHWAY NORTH BOYANUP

Material to be Excavated: SAND

Term of Licence: FIVE (5) YEARS

Date of Expiry: FIVE YEARS FROM DATE OF ISSUE

This licence is issued in accordance with the Shire of Capel Extractive Industries Local Laws subject to the following conditions: Refer Attached Conditions Dated this ....................................... day of.............................. 2017 ..................................................... JASON GICK EXECUTIVE MANAGER ENGINEERING AND DEVELOPMENT SERVICES SHIRE OF CAPEL


SHANE DOUGLAS JOYNSON

Lot 1 South Western Highway, North Boyanup

EXTRACTIVE INDUSTRY LICENCE CONDITIONS This licence is issued in accordance with the Shire of Capel Extractive Industry (EIL) Local Laws of 2016, subject to the following conditions: Clause 3.1 (3)(a) The Licence period for Extraction expires five years from date of issue.

Clause 3.1 (4)(a)

The payment of an annual licence fee in accordance with the Schedule of Fees and Charges adopted each year in the Shire of Capel annual budget prior to the commencement of sand extraction.

Clause 3.1 (5)

(a) The extractive industry area shall be limited to the area shown and to the levels as detailed on the approved Application Report dated November 2016 and the Approved Development Plans.

(b) Access to the site shall be via the constructed property access

only. South Western Highway is to be upgraded in accordance with approved drawings SPR003-D01 to D07 to the satisfaction of the Executive Manager Engineering and Development Services prior to the commencement of sand extraction. All trucks will be tarped before leaving the site.

(c) Material may be stockpiled on site up to a maximum of 5,000m3

at any one time. (d) The hours of operation of the site shall be from 7.00a.m. to

4.00p.m. Monday to Saturday. No operations are permitted on Sundays or public holidays.

(e) Processing plant ie; crushing plant or screen plant, may only

operate on the site in accordance with the conditions of an approved Department of Environment Regulation Works Approval or Licence as per the hours stipulated in (d) above.

(f) Noise emissions shall not exceed limits of the Environmental

Protection (Noise) Regulations 1997 and measures to achieve this shall be in accordance with an approved noise management plan.

(g) Depth of excavation shall be limited to levels depicted on drawing

(DWG17104 MH1) ‘Final Contour Drawing’. No over excavation is permitted.

Boundaries of the approved excavation stages as depicted on drawing(DWG17104 MH1)) ‘Final Contour Drawing’, shall be


marked with permanent metal markers at intervals of no greater than 50m, or changes in direction, to clearly define the extent of the activity. The markers should be no less than 1.2 metres in height above the ground level and be suitable painted or tagged for ease of identification, and indicate the final surface level. Certification by a licenced surveyor to confirm the placement of these markers shall be provided prior to commencement of works on site.

(h) Minimum setbacks for the industry are as follows:

Forty (40) metres from the unmade road reserve boundary north of the site.

One hundred (100) metres from the South Western Highway road reserve boundary to the east of the site.

Fifty (50) metres from the Resource Enhancement Wetland to the south of the site.

One hundred and twenty one (121) metres from the property boundary to the west of the site.

No operations are permitted within the setback areas. Vegetation is to be left undisturbed to screen the industry from the road and neighbouring properties.

(i) Safety practices for persons employed or visiting shall be in accordance with Department of Minerals & Energy, Mines Safety & Inspection Act 1994 and Regulations 1995.

(j) Precautions against wind blown material shall be made in

accordance with the approved Dust Management Plan.

(k) Remanent vegetation within setback areas and surrounding zones

shall remain to screen operations from the general public. The clearing of any vegetation on site will be in accordance with the conditions prescribed by a clearing permit issued by the Department of Environment Regulation.

(l) Prevention of dieback spread in accordance with Department of

Parks and Wildlife guidelines shall be made. (m) No discharge of stormwater other than pre-development runoff in

defined natural watercourses will be permitted. Stormwater disposal and management is to comply with the approved Stormwater Management Plan dated November 2016 and Department of Water, “Water Quality Protection Note No 15”.

(n) Rehabilitation be undertaken in accordance with the approved

Rehabilitation Plan dated November 2016. Rehabilitation is to be undertaken progressively on an annual basis and reflected on the detailed survey referred to in (clause (p) below).

(o) Minimum batters of 1:10 shall be applied to all rehabilitated slopes. Final contours will be as per drawing (DWG17104 MH1) ‘Final Contour Drawing’.


(p) A detailed survey of the EIL site shall be submitted to the Shire prior to 16 November each year to certify the quantity of material extracted and that material has not been excavated below the final contour levels detailed on drawing (DWG17104 MH1) ‘Final Contour Drawing’. This will allow monitoring of the excavation works, annual licence payments and rehabilitation bond adjustments by 31 December of each year.

(s) Access to the site shall be available to authorised officers of the

Shire of Capel at all times, and without prior notice, for the purpose of inspection and monitoring of compliance with licence conditions.

(t) No soil material to be imported into site without prior approval

from the Executive Manager Engineering and Development Services.

(u) There will be no storage of hydrocarbons on-site. On-site refuelling

of equipment will be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment. No major repairs or maintenance will take place on site.

Clause 3.2 On or before 31 December in each year, a licensee shall pay to the

local government the annual licence fee determined by the local government from time to time.

Clause 5.1 (1) Security for Restoration & Reinstatement

(b) The lodgement of a secured amount of $16,326/ha of operating area is required prior to the issue of a licence. The operating area is defined as all areas previously mined where rehabilitation has not been accepted as finalised plus the area to be mined in the current year

The total area for which a bond is required before the issue of a licence is 2 ha x $16,326 = $32,652. This secured amount is to be reviewed annually in terms of Part 5 of the EIL Local Laws.

The cash bond or bank guarantee is to be accompanied by a signed Extractive Industry Rehabilitation Agreement.

Clause 6.2 (b) Securely fence the excavation to the satisfaction of the Executive

Manager Engineering and Development Services. (c) Erect warning signs to the gate and at no more than 200m apart

around the perimeter of the excavation bearing the words ‘DANGER EXCAVATIONS KEEP OUT’ to the satisfaction of the Executive Manager Engineering and Development Services.


Clause 7.1 A copy of a current public liability insurance policy for a sum of no less

than $10,000,000 in respect of any one claim relating to any of the excavation operations is to be presented prior to the commencement of extraction. This policy is to remain current during the life of the EIL.

Advice Note The licensee shall have due respect to the Aboriginal Heritage of the area of the works and all workers shall be briefed accordingly prior to commencement of any works on site. The works may be in proximity of areas that were part of the Aboriginal culture and so there is the possibility that artefacts or remains may be in the area. All workers are to be advised of this possibility. Should the presence of a site of possible significance be discovered or if any artefacts or remains are discovered then any works in the vicinity are to stop immediately and be reported to the Department of Aboriginal Affairs. If bones are discovered then police are also to be advised immediately. The Licensee shall note that it is an offence under the WA Aboriginal Heritage Act to interfere with any Aboriginal site unless written permission is obtained from the Minister for Aboriginal Affairs.


LOT 1 SWH NORTH BOYANUP REHABILITATION AGREEMENT

Page 1 of 10

EXTRACTIVE INDUSTRY REHABILITATION AGREEMENT

Site Location Lot 1 South Western Highway,

North Boyanup

Parties Shane Douglas Joynson (SDJ)

Shire of Capel (the Shire)

Attachments Approved Lot 1 Rehabilitation Plan



Page 2 of 10

Statutory Environment

Town Planning Scheme No. 7 (TPS No. 7) Lot 1 is zoned Rural and has an area of 29.4 hectares. The following clauses of the Scheme apply to this application:

1.6.1 To direct and control the development of the Scheme area in such a way as shall promote and safeguard the health, safety, economic and general welfare of its inhabitants and shall conserve the natural values of the District.

5.7.1 Councils objective in the management of land uses in the Rural Zone is to preserve the character of the rural area, discourage the removal of prime agricultural land from agricultural production and prevent adverse effects on the continuation of established or potential agricultural industries.

Extractive Industry Local Law

Under the Shire of Capel Extractive Industry Local Laws:

Clause 2.1

‘A person shall not carry out an extractive industry –

a) Unless the person is the holder of a valid and current licence; and b) Otherwise than in accordance with any terms and conditions set out in, or

applying in respect of the licence’.

Clause 2.3

1) ‘Subject to subclause (3), a person seeking the issue of a licence in respect of any land shall apply in the form determined by the local government from time to time and shall forward the application duly completed and signed by both the applicant and the owner of the land to the CEO together with:

(j) consent in writing to the application from the owner of the excavation site.’

Clause 5.1

1) For the purpose of ensuring that an extraction site is properly restored or reinstated, the local government may require that – a) as a condition of a licence; or b) before the issue of a licence,

the licensee shall give to the local government a bond, bank guarantee or other security, of a kind and in a form acceptable to the local government, for a sum determined by the local government from time to time.

2) A bond required under subclause (1) is to be paid into a fund established by the local government for the purposes of this clause.



Page 3 of 10

Clause 5.2

1) If a licensee fails to carry out or complete the restoration and reinstatement works required by the licence conditions either –

a) Within the time specified in those conditions; or b) Where no such time has been specified, within 60 days of the

completion of the excavation or portion of the excavation specified in the licence conditions, then; subject to local government giving the licensee 14 days’ notice of its intention to do so – i) The local government may carry out or cause to be carried out the

required restoration and reinstatement work or so much of the work that remains undone; and

ii) The licensee shall pay to the local government on demand all costs incurred by the local government or which the local government may be required to pay under this clause.

2) The local government may apply the proceeds of any bond, bank guarantee or other security provided by the licensee under clause 5.1 towards its costs under this clause.

3) The liability of a licensee to pay the local government’s costs under this clause is not limited to the amount, if any, secured under clause 5.1

2016/17 Schedule of Fees and Charges

Extractive Industry Rehabilitation Bond

Fine grained material – sand (minimum bond per hectare) $16,326.00

Gravel and Limestone (minimum bond per hectare) $27,179.00

Basalt – amount to be determined by negotiation

Note 1: Minimum bond amounts are provided as the amount of each bond will be negotiated depending upon individual circumstances for each property including but not limited to factors such as topography of the land, the depth of excavation, etc.

Note 2: Bonds will be reimbursed in stages depending upon the achievement of targets towards the agreed rehabilitation state of the site.

Planning Approval

At the ordinary Shire of Capel Council meeting on 26th July 2017, Council pursuant to Clause 41 of the Greater Bunbury Region Scheme and Clause 68(2)(b) in Schedule 2, Part 9 of the Deemed Provisions for local planning schemes, Planning and Development (Local Planning Schemes) Regulations 2015, granted Planning Consent to the application from Shane Douglas Joynson to extract sand from Lot 1 South Western Highway North Boyanup subject to and including the following conditions.



Page 4 of 10

1(h) Rehabilitation shall be in accordance with the rehabilitation plan contained within the licence application document dated November 2016.

1(j) Prior to the commencement of development a secured bond of $16,326/ha is required to be lodged with the Shire of Capel and is to be accompanied by a signed Extractive Industry Rehabilitation Agreement.

Extractive Industry Licence Approval

At the ordinary Shire of Capel Council meeting on 26th July 2017, Council resolved to issue an Extractive Industry Licence pursuant to the Shire of Capel Extractive Industry Local Laws – 2016 to the application from Shane Douglas Joynson to extract sand from Lot 1 South Western Highway North Boyanup subject to and including the following conditions.

Clause 3.1(5)

(n) Rehabilitation be undertaken in accordance with the approved Rehabilitation Plan dated November 2016. Rehabilitation is to be undertaken progressively on an annual basis and reflected on the detailed survey referred to in (clause (p) below).

(o) Minimum batters of 1:10 shall be applied to all rehabilitated slopes. Final contours will be as per drawing (DWG17104 MH1) ‘Final Contour Drawing’

(p) A detailed survey of the EIL site shall be submitted to the Shire prior to 16 November each year to certify the quantity of material extracted and that material has not been excavated below the final contour levels detailed on drawing (DWG17104 MH1) ‘Final Contour Drawing’. This will allow monitoring of the excavation works, annual licence payments and rehabilitation bond adjustments by 31 December of each year.

Clause 5.1(1)

(b) The lodgement of a secured amount of $16,326/ha of operating area is required prior to the issue of a licence. The operating area is defined as all areas previously mined where rehabilitation has not been accepted as finalised plus the area to be mined in the current year. The total area for which a bond is required before the issue of a licence is 2 ha x $16,326 = $32,652. This secured amount is to be reviewed annually in terms of Part 5 of the EIL Local Laws. The cash bond or bank guarantee is to be accompanied by a signed Extractive Industry Rehabilitation Agreement.



Page 5 of 10

Preamble

SDJ has submitted a rehabilitation plan (Rehabilitation section of the Extractive Industry Licence Application Lot 1 South Western Highway North Boyanup dated November 2016), drawing (Final Contour Drawing) and Rehabilitation Schedule Costings for Lot 1 South Western Highway North Boyanup which have been approved by the Shire as the Lot 1 Rehabilitation Plan

1. Licensees Covenants

1.1 Acknowledgement of responsibility for rehabilitation works

SDJ acknowledges that it has sole responsibility for undertaking all rehabilitation, monitoring, maintenance works and reporting in accordance with the Shire approved Lot 1 Rehabilitation Plan from the date of initial licence issue until the site is accepted by the Shire as meeting the completion criteria as detailed in the Lot 1 Rehabilitation Plan. Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or cancellation of the licence applicable to the site, whichever first occurs, SDJ will rehabilitate the site in accordance with the Lot 1 Rehabilitation Plan as follows:

a) All earthworks will be completed to establish finished levels within 12 months;

b) All planting/seeding will be completed within 12 months; and c) Ongoing monitoring, weed control and replanting where required will be

conducted until completion criteria is achieved to the Shire’s satisfaction which is expected within 4 years.

1.2 Rehabilitation Bond

SDJ will lodge with the Shire either a cash bond or a bank guarantee to the satisfaction of the Shire in accordance with the years current schedule of fees and charges for the value of $16,326 per hectare for the operational area being 2ha for stage 1.

Bank Guarantees will be prepared with no expiry date.

1.3 Annual Review of Rehabilitation

SDJ will submit a rehabilitation review to the Shire prior to 16 November each year detailing what rehabilitation effort has been applied during the current year, the success of the effort and what rehabilitation effort is planned for the coming year. The detail will include earthworks, deep ripping, planting, erosion repair, weed control and replanting. All remaining areas of rehabilitation will be categorised as either;



Page 6 of 10

a) Awaiting earthworks to established finished levels; b) Awaiting planting/seeding; or c) Awaiting completion criteria being met.

Each category will be reported in terms of area in hectares

1.4 Undertaking of monitoring and maintenance works

SDJ will undertake and complete the monitoring and maintenance works until the site is accepted by the Shire as meeting the completion criteria as detailed in the Lot 1 Rehabilitation Plan regardless of the status of the Extractive Industry Licence.

1.5 Shire may undertake rehabilitation works

a) SDJ grants access to the Shire (and its officers, agents and contractors) to enter onto and undertake all reasonable and necessary actions on the site required to administer any portion of the approved Lot 1 Rehabilitation Plan, and indemnifies the Shire for its reasonable costs and expenses in administering any portion of the approved Lot 1 Rehabilitation Plan. SDJ shall pay to the Shire on demand all costs incurred by the Shire or which the Shire may be required to pay under clause 1.5.

b) The Shire may only exercise its rights under clause 1.5(a) if SDJ fails to undertake the rehabilitation works in accordance with the Lot 1 Rehabilitation Plan within the periods specified in 1.1 once notified in writing by the Shire that rehabilitation must be commenced.

SDJ acknowledge that should any invoices remain unpaid after 30 days from issue in relation to Clause 1.5(a); the Shire may apply the proceeds of any bond or bank guarantee provided by SDJ under clause 1.2 towards its costs under this clause.

2. Owners Covenants


The Owner acknowledges that SDJ has sole responsibility for undertaking all rehabilitation, monitoring, maintenance works and reporting in accordance with the Shire approved Lot 1 Rehabilitation Plan from the date of initial licence issue until the site is accepted by the Shire as meeting the completion criteria as detailed in the Lot 1 Rehabilitation Plan. Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or cancellation of the licence applicable to the site, whichever first occurs, SDJ will rehabilitate the site in accordance with the Lot 1 Rehabilitation Plan as follows:



Page 7 of 10




2.2 Shire may undertake rehabilitation works

a) The owner grants access to the Shire (and its officers, agents and contractors) to enter onto and undertake all reasonable and necessary actions on the site required to administer any portion of the approved Lot 1 Rehabilitation Plan.

b) The Shire may only exercise its rights under clause 1.5(a) if SDJ fails to undertake the rehabilitation works in accordance with the Lot 1 Rehabilitation Plan within the periods specified in 1.1 once notified in writing by the Shire that rehabilitation must be commenced.

3. Shires Covenants


The Shire acknowledges that SDJ has sole responsibility for undertaking all rehabilitation, monitoring, maintenance works and reporting in accordance with the Shire approved Lot 1 Rehabilitation Plan from the date of initial licence issue until the site is accepted by the Shire as meeting the completion criteria as detailed in the Lot 1 Rehabilitation Plan. Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or cancellation of the licence applicable to the site, whichever first occurs, SDJ will rehabilitate the site in accordance with the Lot 1 Rehabilitation Plan as follows:




3.2 Annual Review

The Shire, after receiving a written annual review from SDJ, will conduct an onsite inspection within 60 days and forward a compliance report including a



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status of the rehabilitation to SDJ. The report will detail areas requiring further attention in either category or areas that are accepted as being completed. Bond calculations will be reviewed annually as part of the annual review.

3.3 Shire notification of rehabilitation failure

The Shire will assess whether SDJ are achieving compliance with the Lot 1 Rehabilitation Plan by reviewing the annual review forwarded by SDJ and by conducting regular visual site inspections.

If any defects are detected with the rehabilitation, the Shire will notify SDJ in writing of the defect and advise that no further stages will be approved for clearing until the defects are rectified.

Where the carrying on of an extractive industry on the site permanently ceases or on the expiration or cancellation of the licence applicable to the site, whichever first occurs, the Shire will notify the licensee in writing to commence rehabilitation of the site in accordance with the Lot 1 Rehabilitation Plan as follows:

a) All earthworks to be completed to establish finished levels within 12 months;

b) All planting/seeding to be completed within 12 months; and c) Ongoing monitoring, weed control and replanting where required to be


Where the requirements detailed in 3.3(a), (b) or (c) are not achieved, the Shire will notify SDJ and the owner in writing advising 14 days’ notice of its intention to enter the site to complete the rehabilitation.

3.4 Shire rectification of rehabilitation failure

The Shire will instruct its officers, agents and contractors to enter onto and undertake all reasonable and necessary actions on the site required to administer any portion of the approved Lot 1 Rehabilitation Plan for which defects have been notified under clause 3.3 and the rectification date has elapsed. All reasonable costs and expenses incurred in administering the rectification will also be invoiced to SDJ for payment.

3.5 Shire use of Rehabilitation Bond

Should any invoices remain unpaid after 30 days from issue in relation to Clause 1.5(a); the Shire will apply the proceeds of any bond or bank guarantee



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provided by SDJ under clause 1.2 towards any costs incurred by the Shire or which the Shire may be required to pay under clause 1.5.

3.6 Return of Rehabilitation Bond

The Shire, after receiving a written request from SDJ, will consider reducing the required bond after completing its annual review to the value of the outstanding rehabilitation works in accordance with the approved rehabilitation schedule costings.

The Shire will return the rehabilitation bond within 14 days once written advice of acceptance of the completion criteria is forwarded by the Shire.



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Executed by Shane Douglas Joynson

Signature of Director Date

Full name of Director

Executed by Shire of Capel

Chief Executive Officer – P F Sheedy Date



Policy 2.31 - Compliance

Attachment: Policy 2.31 - Compliance

1

Policy 2.31 Compliance

INTRODUCTION In accordance with its responsibilities under relevant Acts of Parliament, regulations and local laws, the Shire of Capel has a duty to respond to all complaints in accordance with its Customer Service Charter and a statutory obligation to enforce compliance in accordance with various legislative requirements. This policy reflects the need for compliance action to be carried out in a transparent, efficient, fair and consistent manner having regard to all circumstances. This policy applies to the investigation and resolution of:

Breaches of legislation for which the Shire is the administrative body; Failure to comply with the terms or conditions of approvals and orders; and Any appeals arising out of proceedings brought by the Shire.

OBJECTIVES This policy provides guidance to:

• Ensure there is a consistent approach in the undertaking of compliance and enforcement action;

• Ensure transparency, procedural fairness and adherence to the principles of natural justice; and

• Assist members of the public and Shire officers in dealing with compliance and enforcement action relating to local government matters.

POLICY STATEMENTS 1. Compliance principles and approach

1.1 The Shire shall administer its statutory responsibilities under legislation, in a fair, unbiased and equitable manner in the interest of public health, safety and amenity. Each compliance investigation undertaken by the Shire will be assessed on its merits.

1.2 Where a complaint relates to a breach of Statute, subsidiary legislation or

policy for which the Shire is the responsible authority, the Shire may request those complaints to be made in writing. Complaints must include:

(a) Name, address and phone number or email address of the

complainant; (b) Address of the property to which the complaint relates; (c) Details of the alleged breach or offence; and (d) Details of how the matter is affecting the complainant.

1.3 Complaints will be prioritised for investigation based upon the seriousness

of the alleged breach or offence when assessed against the criteria prescribed in sub-clause 2.2(b). Prioritising complaints will be the



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responsibility of each department in accordance with their own procedures and legislative requirements.

1.4 The Shire may discontinue an investigation into a complaint where it can be reasonably ascertained that the complaint is unsubstantiated, pertains to a civil matter or results from a neighbourhood dispute in which Council has no authority to act.

1.5 A response to the complaint will be provided in accordance with the

Customer Service Charter. The investigation will include a site inspection if appropriate, review of relevant legislation and Shire records and contact with the respective landowner and/or occupier.

2. Enforcement

2.1 The enforcement of relevant legislation is an administrative function for

which statutory responsibility rests with the Chief Executive Officer and delegated or authorised officer.

2.2 The Shire will apply the following principles in deciding whether enforcement action is appropriate.

(a) Enforcement action will be commensurate to the seriousness of the

alleged breach or offence and consistent with legal requirements. (b) In determining the seriousness of an alleged breach or offence

resulting from a complaint or proactive compliance action, the Shire will have regard to:

i. the penalty prescribed in the relevant legislation for the alleged

breach or offence; ii. the potential harm caused by, or effect of, the breach/offence on

public health and safety, environment (built and natural) or the amenity of the district; and

iii. whether or not it is in the public interest for the Shire to take action.

(c) The enforcement measures applied will be those considered most

appropriate to achieve the desired outcome. (d) Prosecution will only be initiated following consideration of all the

available information and circumstances of the individual case.

2.3 The Shire is unable to authorise the continuation of a breach or offence once it has been brought to the Shire’s notice. However, compliance efforts will be prioritised to address issues that are both unlawful and likely to present a risk to public health and safety, the environment (built and natural) or the amenity of the district. This may mean that the investigation of relatively minor instances of non-compliance is deferred or not pursued.



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2.4 Decisions on enforcement action may have regard to any or all of the

following considerations:

(a) whether there has been a failure to comply with any written law, any formal request, lawful direction or notice given by the Shire;

(b) mitigating or aggravating circumstances; (c) any demonstrated history of non-compliance; (d) potential short and long term consequences of non-compliance; (e) the need for deterrence of further breach or offences; and (f) the impact which may arise by any failure to take enforcement action.

3. Enforcement options

3.1 At the conclusion of an investigation, officers shall use the most appropriate

action which may include one or more of the following enforcement options listed below. (a) Take no further action Where the investigation of a complaint determines that there is a breach, a decision not to pursue may be made by the Chief Executive Officer or Council following based on advice of the respective officer in accordance with section 2 above. (b) Voluntary compliance Following investigation of the complaint the landowner and/or occupier may agree to remedy the situation by complying with statutory requirements. Voluntary compliance should be in accordance with the timeframe specified by the Shire and monitoring will be undertaken to ensure no further action is required. (c) Infringements An infringement may be issued under the appropriate legislation.

(d) Statutory notices In cases where voluntary compliance has not been achieved either through an activity ceasing or being regularised via compliance with the respective legislation, consideration will be given to issuing a statutory notice in accordance with the respective legislation. A statutory notice will include details of the actions which are required to remedy the breach and timeframes for compliance. Monitoring will be undertaken to ensure compliance with the notice and further action may be taken in the event of continuing non-compliance. (e) Prosecution Prosecution is one of the enforcement options that may be used when there are reasonable grounds for suspecting that an offence has been committed contrary to an Act, regulation or local law.



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The objects of prosecution include but are not limited to: enforcing local government legislation; protecting the public from loss, harm, injury or damage; satisfying the public interest that local government legislation is

properly enforced; and establishing a precedent for intervention to achieve good community

outcomes. A decision on whether or not to initiate a prosecution for an alleged offence will have regard to considerations that include:

receipt of advice from Council’s legal representatives; the prospects of conviction including prima face evidence to prove the

case beyond reasonable doubt including but not limited to written or verbal admissions and witness statements;

whether the prosecution is in the public interest; the seriousness and the type of the offence; statutory timeframes relating to the relevant legislation; ongoing amenity and social impacts resulting from the offence; public health and public safety impacts resulting from the offence; potential legal consequences or impact on the Shire’s reputation if no

action is taken; Council’s statutory and ethical responsibilities to enforce legislation;

and whether there is a reasonable alternative to prosecution.

The Shire may also become involved in prosecution proceedings if the alleged offender elects to go to court in relation to an infringement or if the matter is escalated to the Supreme Court in response to a court or State Administrative Tribunal decision. (f) Discontinuance of a prosecution A prosecution is only to be discontinued:

on legal advice; should the prosecution complaint be wrong at law or there is an error

in the charges; should the prosecution involve a mistake of fact; should the alleged offender be deceased, cannot be located or is

declared bankrupt; in consultation with or following comments made by the court; or after consultation with the legal representative of the defendant or

personally with the defendant if the defendant is unrepresented. The decision to discontinue a prosecution shall be made by an officer with the relevant authority and recorded as required by the Shire of Capel records management procedures. If, following the commencement, but prior to the conclusion of prosecution action, an alleged offender complies with any prior order that gave rise to the prosecution, or submits any application for approval the Shire will consider the merit of pursuing a prosecution.



5

(g) Injunctions In instances of serious non-compliance with legislation and where efforts to resolve that non-compliance have proven ineffective, the Shire may seek an injunction requiring a person not to breach, or to cease breaching, a statute. Decisions on whether to seek an injunction shall be made in accordance with the Chief Executive Officer’s delegated responsibilities in relation to legal proceedings

3.2 Enforcement action may only be initiated by officers with appropriate

authority relating to enforcement action.

3.3 In undertaking the enforcement options outlined in 3.1, the Shire may become involved in proceedings in the State Administrative Tribunal or a Court of law, in the event that the offender does not comply with or seeks to appeal the enforcement action.

4. Recovery of legal costs

4.1. The Shire may seek to recover its fair and reasonable costs in all matters where costs are recoverable, either by consent or by order of the Court.

5. Information disclosure

5.1 Requests for information from members of the public in relation to compliance or enforcement matters will be handled in accordance with the Shire’s Freedom of Information Statement and the requirements of the Local Government Act 1995.

5.2 Officers shall not release information on specific compliance and

enforcement activities, such as active investigations, to the public. Information may be shared with co-regulators and police.

5.3 The requirements of Policy 1.1, Media Contact will also be taken into

account. POLICY APPLICATION This Policy applies throughout the Shire of Capel.



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Procedure:

Originating Section: Relevant Legislation:

Reviewer: Delegated Authority: Delegation 105 Enforcement & legal proceedings

Adopted: Minute OCxxxx, dd.mm.yy Other References: Shire of Capel Customer Service Charter Shire of Capel Policy 2.29 State Administrative Tribunal Shire of Capel Policy 1.1 Media Contact Shire of Capel Freedom of Information Statement Building Act 2011 & Regulations Bush Fires Act 1954 and Regulations Shire of Capel Local Laws Control of Vehicles (Off-road areas) Act 1979 and Regulations Cat Act 2011 and Regulations Dog Act 1976 and Regulations Freedom of Information Act 1992 Public Health Act 2016 and Regulations Litter Act 1979 and Regulations Local Government Act 1995 and Regulations Shire of Capel Town Planning Scheme No. 7 Planning and Development Act 2005 & Regulations

Amended: Minute OCxxxx, dd.mm.yy

Review Date: December 2017



Capel Civic Precinct Stage 3A - Lease for Future Car Park

Attachment 1: Lease Agreement Attachment 2: Lease Form L1

3493_40513_009.docx

Lease for Car Parking – Portion of Lot 3 (No. 88) Capel Drive, Capel

Shire of Capel

Bunbury Diocesan Trustees

McLeods Barristers & Solicitors Stirling Law Chambers | 220-222 Stirling Highway | CLAREMONT WA 6010

Tel: (08) 9383 3133 | Fax: (08) 9383 4935 Email: [email protected]

Ref: NG:CAPEL:40513


mailto:[email protected]

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Table of Contents

Details .........................................................................................................................1

Agreed Terms ............................................................................................................2

1. Grant of Lease ...............................................................................................2

2. Quiet enjoyment ............................................................................................2

3. Rent and other payments .............................................................................2

4. Accrual of amounts payable ........................................................................3

5. Payment of money ........................................................................................3

6. Insurance .......................................................................................................3

6.1 Insurance required ..........................................................................................................3

6.2 Not to Invalidate .............................................................................................................3

6.3 Reports ...........................................................................................................................3

6.4 Lessee May be Required to Pay Excess on Insurances ..................................................4

7. Indemnity .......................................................................................................4

7.1 Indemnity .......................................................................................................................4

7.2 Indemnity Unaffected by Insurance ...............................................................................4

8. Use .................................................................................................................4

8.1 Restrictions on Use ........................................................................................................4

9. Maintenance, repair and cleaning ...............................................................5

9.1 Lessor’s Obligations.......................................................................................................5

9.2 Lessee’s Obligations ......................................................................................................5

10. Alterations .....................................................................................................5

10.1 Restriction ..................................................................................................................5

10.2 Permitted Alterations .................................................................................................5

10.3 Consent ......................................................................................................................5

10.4 Cost of Works ............................................................................................................5

11. Report to Lessor ...........................................................................................6

12. No assignment, subletting and charging ....................................................6

12.1 No Assignment or Subletting without Consent .........................................................6

12.2 Minister for Lands’ Consent ......................................................................................6


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12.3 Property Law Act 1969 ..............................................................................................6

12.4 No Mortgage or Charge .............................................................................................6

13. Statutory obligations & notices ...................................................................6

13.1 Comply with statutes .................................................................................................6

14. Obligations on expiry or termination of lease ............................................7

14.1 Restore Premises ........................................................................................................7

14.2 Obligations to continue ..............................................................................................7

15. Lessor’s right of entry ..................................................................................7

15.1 Entry on Reasonable Notice ......................................................................................7

15.2 Costs of Rectifying Breach ........................................................................................8

16. Option to renew.............................................................................................8

16.1 Exercise of Option .....................................................................................................8

17. Holding over ..................................................................................................8

18. Default ............................................................................................................8

18.1 Events of Default .......................................................................................................8

18.2 Forfeiture ...................................................................................................................9

18.3 Lessor May Remedy Lessee’s default .......................................................................9

18.4 Acceptance of Amount Payable By Lessor ...............................................................9

18.5 Default By Lessor ....................................................................................................10

19. Disputes ....................................................................................................... 10

19.1 Appointment of Arbitrator .......................................................................................10

19.2 Payment of Amounts Payable to Date of Award .....................................................10

20. Consents ..................................................................................................... 10

20.1 Western Australian Planning Commission’s Consent .............................................10

20.2 Minister for Land’s Consent ....................................................................................10

21. Goods and Services Tax ............................................................................ 10

21.1 Lessee must Pay .......................................................................................................10

21.2 Increase in GST .......................................................................................................11

21.3 GST invoice .............................................................................................................11

22. Security Deposit.......................................................................................... 11

23. Additional terms and conditions ............................................................... 11

24. Notice ........................................................................................................... 11


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24.1 Form of Delivery .....................................................................................................11

24.2 Service of Notice .....................................................................................................11

24.3 Signing of Notice .....................................................................................................11

25. Amendments to Lease ................................................................................ 12

26. Waiver .......................................................................................................... 12

26.1 No General Waiver ..................................................................................................12

26.2 Partial Exercise of Right Power or Privilege ...........................................................12

27. Acts by agents ............................................................................................ 12

28. Statutory powers......................................................................................... 12

29. Further assurance....................................................................................... 12

30. Severance .................................................................................................... 12

31. Moratorium .................................................................................................. 13

32. Governing law ............................................................................................. 13

33. Definitions ................................................................................................... 13

34. Interpretation ............................................................................................... 14

Schedule .................................................................................................................. 17

Signing page ............................................................................................................ 18

Annexure 1 – Sketch of Premises .......................................................................... 19

Annexure 2 – Minister for Lands’ consent ............................................................ 20


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Details

Parties

Shire of Capel of PO Box 369, Capel, Western Australia 6271

(Lessee)

Bunbury Diocesan Trustees of Oakley Street, Bunbury, Western Australia 6230

(Lessor)

Background A The Lessor is the registered proprietor of an estate in fee simple by a Crown Grant in Trust

of the land described in Item 1(a) of the Schedule (Land).

B The Land is conditional tenure land as defined in section 72 of the Land Administration Act

1997 (LAA) and the land is subject to the provisions of section 75 of the LAA.

C The Lessor is a body corporate established pursuant to section 3 of the Anglican Church of

Australia Diocesan Trustees and Lands Act 1918.

D The Lessor has agreed to grant a lease of that portion of the Land described in Item 1(b) of

the Schedule (Premises) to the Lessee, so that the Lessee may use the Premises as a car

park, on the terms and conditions set out in this Lease.


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Agreed Terms

1. Grant of Lease

The Lessor leases to the Lessee the Premises for the Term subject to:

(a) all Encumbrances;

(b) payment of the Amounts Payable; and

(c) performance of the Lessee’s Obligations.

LESSEE’S RIGHTS & OBLIGATIONS

2. Quiet enjoyment

Except as provided in the Lease, subject to the performance of the Lessee’s Obligations the

Lessee may quietly hold and enjoy the Premises during the Term without any interruption or

disturbance from the Lessor or persons lawfully claiming through or under the Lessor.

3. Rent and other payments

The Lessee AGREES with the Lessor:

(a) Rent

To pay to the Lessor the Rent in the manner set out at Item 5 of the Schedule from

the Commencement Date clear of any deductions whatsoever.

(b) Outgoings

To pay to the Lessor or to such person as the Lessor may from time to time direct

punctually all the following outgoings or charges, assessed or incurred in respect of

the Premises:

(A) local government rates, services and other charges, including but not limited

to rubbish collection charges and the emergency services levy;

(B) telephone, electricity, gas and other power and light charges including but

not limited to meter rents and the cost of installation of any meter, wiring or

telephone connection; and

(C) any other consumption charge or cost, statutory impost or other obligation

incurred or payable by reason of the Lessee’s use and occupation of the

Premises.

(c) If the Premises is not separately charged or assessed the Lessee will pay to the Lessor

a proportionate part of any charges or assessments referred to in clause 3(b) being

the proportion that the Premises bears to the total area of the land or premises

included in the charge or assessment.


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(d) Costs

The Lessee shall pay:

(A) all statutory duties or taxes payable on or in connection with this Lease;

(B) all registration fees in connection with this Lease;

(C) all legal costs of and incidental to the instructions for the preparation,

execution and stamping of this Lease and all copies; and

(D) all costs associated with preparing a surveyed plan of the Land and Premises

for the purposes of this Lease.

4. Accrual of amounts payable

Amounts Payable accrue on a daily basis.

5. Payment of money

Any Amounts Payable to the Lessor under this Lease must be paid to the Lessor at the

address of the Lessor referred to in the Lease or as otherwise directed by the Lessor by

Notice from time to time.

6. Insurance

6.1 Insurance required

The Lessee must effect and maintain adequate public liability insurance for a sum not less

than the sum set out at Item 7 of the Schedule in respect of any one claim.

6.2 Not to Invalidate

The Lessee must not do or omit to do any act or thing or bring or keep anything on the

Premises which might;

(a) render any insurance effected under clause 6.1 on the Premises, or any adjoining

premises, void or voidable;

(b) cause the rate of a premium to be increased for the Premises or any adjoining

premises (except insofar as an approved development may lead to an increased

premium).

6.3 Reports

Each party must report to the other promptly in writing and in an emergency verbally:

(a) any damage to the Premises of which they are or might be aware; and

(b) any circumstances of which they are aware and which are likely to be a danger or

cause any damage or danger to the Premises or to any person who is lawfully using

or may lawfully use the Premises.


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6.4 Lessee May be Required to Pay Excess on Insurances

The Lessee AGREES with the Lessor that the Lessee shall be responsible to pay any excess

payable in connection with the insurances referred to in clause 6.1.

7. Indemnity

7.1 Indemnity

The Lessee indemnifies the Lessor and the Minister for Lands against any liability or loss

arising from and any costs, charges and expenses caused by the Lessee or its servants,

agents, contractors or invitees or the Minister for Lands incurred in connection with:

(a) any damage to the Premises, or any loss of or damage to anything on it; and

(b) any injury to any person on the Premises,

arising from a negligent act or omission of the Lessee, except to the extent such damage, loss

or injury is caused or contributed to by any negligent act of the Lessor or its servants, agents,

contractors or invitees or the Minister for Lands.

7.2 Indemnity Unaffected by Insurance

(1) The Lessee’s obligation to indemnify the Lessor under this Lease or at law is not affected by

any insurance maintained by the Lessor in respect of the Premises and the indemnity under

clause 7.1 is paramount.

(2) If insurance money is received by the Lessor for any of the obligations set out in this clause

then the Lessee’s obligations under clause 7.1 will be reduced by the extent of such payment.

8. Use

8.1 Restrictions on Use

(a) Generally

The Lessee must not and must not suffer or permit a person to:

(i) use the Premises or any part of it other than for the use stipulated in Item 6

of the Schedule (Permitted Use); or

(ii) use the Premises for any purpose which is not permitted under any local

planning scheme, local laws, acts, statutes or any law relating to health.

(b) No offensive or illegal acts

The Lessee must not and must not suffer or permit a person to do or carry out on the

Premises any harmful, offensive or illegal act, matter or thing.

(c) No nuisance

The Lessee must not and must not suffer or permit a person to do or carry out on the

Premises anything which causes a nuisance, damage or disturbance to the Lessor or

to owners or occupiers of adjoining properties.


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9. Maintenance, repair and cleaning

9.1 Lessor’s Obligations

The Lessor shall not damage the Premises or do any anything which would render the

Premises substantially unfit for the purpose.

9.2 Lessee’s Obligations

The Lessee shall ensure that the Premises are at all times in a condition suitable for the

Permitted Use and shall undertake all necessary or appropriate steps to maintain, repair and

clean the Premises.

10. Alterations

10.1 Restriction

Subject to clause 10.2, the Lessee must not without prior written consent from the Lessor or

any other person from whom consent is required under this Lease or required under statute in

force from time to time, make or allow to be made any alteration, addition or improvements

to or demolish any part of the Premises.

10.2 Permitted Alterations

Nothing in clause 10.1 shall restrict the Lessee from:

(a) erecting a sign or signs on the Premises identifying the car parking and stating the

hours the car park is open and such other information considered relevant by the

Lessee; or

(b) developing the Premises to accommodate a car park as depicted in the Capel Civic

Precinct Development, Stage 3A plans and drawings.

10.3 Consent

If the Lessor and any other person whose consent is required under this Lease or at law

consents to any matter referred to in clause 10.1 the Lessor may:

(a) give such consent subject to conditions; and

(b) require that the works be carried out in accordance with plans and specifications

approved by the Lessor or any other person giving consent; and

(c) require that any works be carried out to the satisfaction of the Lessor under the

supervision of an engineer or other consultant.

10.4 Cost of Works

All works undertaken under this clause 10 will be carried out at the Lessee’s expense, unless

otherwise agreed by the parties.


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11. Report to Lessor

The Lessee must immediately report to the Lessor:

(a) Pollution

Any occurrence or circumstances in or near the Premises of which it becomes aware,

which might reasonably be expected to cause, in or on the Premises, pollution of the

environment;

(b) Notices, etc

All notices, orders and summonses received by the Lessee and which affect the

Premises and immediately deliver them to the Lessor; and

(c) Defects

Any accident to or defect or want of repair in any services or fixtures, fittings, plant

or equipment in the Premises and of any circumstances known to the Lessee that may

be or may cause a risk or hazard to the Premises or to any person on the Premises.

12. No assignment, subletting and charging

12.1 No Assignment or Subletting without Consent

The rights in this Lease are personal to the Lessee, and Lessee may not transfer, assign,

sublet, assign or otherwise part with possession or any way dispose of any of its rights or

obligations under this Lease without the written consent of the Lessor, which consent shall

not be unreasonably withheld.

12.2 Minister for Lands’ Consent

As the Land is conditional tenure land the Land cannot:

(1) become the subject of any licence, mortgage, charge, security or other encumbrance

without the written permission of the Minister for Lands; or

(2) be transferred without the written permission of the Minister for Lands, which may be

given subject to conditions.

12.3 Property Law Act 1969

Sections 80 and 82 of the Property Law Act 1969 are excluded.

12.4 No Mortgage or Charge

The Lessee must not mortgage nor charge the leasehold interest in the Premises.

13. Statutory obligations & notices

13.1 Comply with statutes

The Lessee must:


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(a) comply promptly with all statutes and local laws from time to time in force relating

to the Premises;

(b) apply for, obtain and maintain in force all consents, approvals, authorities, licences

and permits required under any statute for the Permitted Use; and

(c) comply promptly with all orders, notices, requisitions or directions of any competent

authority relating to the Lessee’s use of the Premises.

14. Obligations on expiry or termination of lease

14.1 Restore Premises

The Parties agree that the Lessee must ensure that at the Termination of the Lease the

Premises are in a condition consistent with the performance by the Lessee of the Lessee’s

Obligations under this Lease, fair wear and tear excepted but is not required to remove any

infrastructure erected or constructed by it during the course of this Lease pursuant to clause

10.2 or otherwise.

14.2 Obligations to continue

The Lessee’s obligations under this clause will continue, notwithstanding the end or

Termination of this Lease.

LESSOR’S RIGHTS & OBLIGATIONS

15. Lessor’s right of entry

15.1 Entry on Reasonable Notice

The Lessee must permit entry by the Lessor or any person authorised by the Lessor onto the

Premises without notice in the case of an emergency, and otherwise upon reasonable notice:

(a) at all reasonable times;

(b) with or without workmen and others;

(c) with or without plant, equipment, machinery and materials; and

(d) for each of the following purposes:

(i) to undertake property inspections to inspect the state of repair of the

Premises and to ensure compliance with the terms of this Lease;

(ii) to carry out any survey or works which the Lessor considers necessary,

however the Lessor will not be liable to the Lessee for any compensation for

such survey or works provided they are carried out in a manner which

causes as little inconvenience as is reasonably possible to the Lessee;

(iii) to comply with the Lessor’s Obligations or to comply with any notice or

order of any authority in respect of the Premises for which the Lessor is

liable; or


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(iv) to do all matters or things to rectify any breach by the Lessee of any term of

this Lease but the Lessor is under no obligation to rectify any breach and

any rectification under this clause is without prejudice to the Lessor’s other

rights, remedies or powers under this Lease.

15.2 Costs of Rectifying Breach

All costs and expenses incurred by the Lessor as a result of any breach referred to at clause

15.1(d)(iv) together with any interest payable on such sums will be a debt due to the Lessor

and payable to the Lessor by the Lessee on demand.

MUTUAL AGREEMENTS

16. Option to renew

16.1 Exercise of Option

If the Lessee at least one month, but not earlier than 6 months, prior to the date for

commencement of the Further Term gives the Lessor a Notice to grant a Further Term

specified in Item 3 of the Schedule and:

(a) all consents and approvals required by the terms of this Lease or at law have been

obtained; and

(b) there is no subsisting default by the Lessee at the date of service of the Notice in:

(i) the payment of Amounts Payable; or

(ii) the performance or observance of the Lessee’s Obligations;

the Lessor shall grant to the Lessee a lease for the Further Term as specified in Item 3 of the

Schedule at the Rent and on terms and conditions similar to this Lease other than this clause

16 in respect of any Further Term previously taken or the subject of the present exercise.

17. Holding over

If the Lessee remains in possession of the Premises after the expiry of the Term with the

consent of the Lessor, the Lessee will be a monthly tenant of the Lessor at a rent equivalent

to one twelfth of the Rent for the period immediately preceding expiry of the Term and

otherwise on the same terms and conditions of this Lease provided that all consents required

under this Lease or at law have been obtained to the Lessee being in possession of the

Premises as a monthly tenant.

18. Default

18.1 Events of Default

A default occurs if:

(a) any Amounts Payable remain unpaid for 28 days after a Notice has been given to the

Lessee that an amount is outstanding;


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(b) the Lessee is in breach of any of the Lessee’s Obligations for 28 days after a Notice

has been given to the Lessee to rectify the breach or to pay compensation in money;

(c) a mortgagee takes possession of the property of the Lessee under this Lease;

(d) any execution or similar process is made against the Premises on the Lessee’s

property;

(e) the Premises are vacated; or

(f) a person other than the Lessee or a permitted sublessee or assignee is in occupation

or possession of the Premises or in receipt of a rent and profits.

18.2 Forfeiture

On the occurrence of any of the events of default specified in clause 18.1 the Lessor may:

(a) without notice or demand at any time enter the Premises and on re-entry the Term

will immediately determine;

(b) by notice to the Lessee determine this Lease and from the date of giving such notice

this Lease will be absolutely determined; and

(c) by notice to the Lessee elect to convert the unexpired portion of the Term into a

tenancy from month to month when this Lease will be determined as from the giving

of the notice and until the tenancy is determined the Lessee will hold the Premises

from the Lessor as a tenant from month to month under clause 17,

but without affecting the right of action or other remedy which the Lessor has in respect of

any other breach by the Lessee of the Lessee’s Obligations or releasing the Lessee from

liability in respect of the Lessee’s Obligations.

18.3 Lessor May Remedy Lessee’s default

If the Lessee:

(a) fails or neglects to pay the Amounts Payable by the Lessee under this Lease; or

(b) does or fails to do anything which constitutes a breach of the Lessee’s Obligations,

then, after the Lessor has given to the Lessee notice of the breach and the Lessee has failed

to rectify the breach within a reasonable time, the Lessor may without affecting any right,

remedy or power arising from that default pay the money due or do or cease the doing of the

breach as if it were the Lessee and the Lessee must pay to the Lessor on demand the

Lessor’s cost and expenses of remedying each breach or default.

18.4 Acceptance of Amount Payable By Lessor

Demand for or acceptance of the Amounts Payable by the Lessor after an event of default

has occurred will not affect the exercise by the Lessor of the rights and powers of the Lessor

by the terms of the Lease or at law and will not operate as an election by the Lessor to

exercise or not to exercise any right or power.


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18.5 Default By Lessor

If the Lessor is in breach of any of the Lessor’s obligations for 28 days after a Notice has

been given by the Lessee to the Lessor, the Lessee may terminate this Lease by Notice to the

Lessor without prejudice to any other remedies available to the Lessee at law.

19. Disputes

19.1 Appointment of Arbitrator

Except as otherwise provided or agreed by the parties, any dispute arising out of this Lease is

to be determined by a single arbitrator under the provisions of the Commercial Arbitration

Act 1985 and the Lessor and the Lessee may each be represented by a legal practitioner.

19.2 Payment of Amounts Payable to Date of Award

The Lessee must pay the Amounts Payable without deduction to the date of the award of the

Arbitrator or the date of an agreement between the Parties whichever event is the earlier, and

if any money paid by the Lessee is not required to be paid within the terms of the award of

the Arbitrator or by agreement between the Lessor and the Lessee then the Lessor will refund

to the Lessee the monies paid.

20. Consents

20.1 Western Australian Planning Commission’s Consent

If for any reason whatsoever this Lease requires the consent of the Western Australian

Planning Commission or other consent under the Planning and Development Act 2005, then

this Lease is made expressly subject to and conditional on the granting of that consent in

accordance with the provisions of the Planning and Development Act 2005.

20.2 Minister for Land’s Consent

In the event that the Land is subject to the provisions of the Land Administration Act 1997

the grant of this Lease is made expressly subject to and is conditional on the consent of the

Minister for Lands to this Lease. When obtained a copy of the consent will be annexed

hereto as Annexure 2.

21. Goods and Services Tax

21.1 Lessee must Pay

If GST is payable on the Basic Consideration or any part thereof or if the Lessor is liable to

pay GST in connection with the lease of the Premises or any goods, services or other

Taxable Supply supplied under this Lease then, unless the Lessor is liable for the payment of

a given Taxable Supply, as from the date of any such introduction or application:

(a) the Lessor may increase the Basic Consideration or the relevant part thereof by an

amount which is equal to the GST Rate; and

(b) the Lessee shall pay the increased Basic Consideration on the due date for payment

by the Lessee of the Basic Consideration.


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21.2 Increase in GST

If, at any time, the GST Rate is increased, the Lessor may, in addition to the GST Rate,

increase the Basic Consideration by the GST Adjustment Rate and such amount shall be

payable in accordance with clause 21.1.

21.3 GST invoice

Where the Basic Consideration is to be increased to account for GST pursuant to clause

21.2, the Lessor shall in the month in which the Basic Consideration is to be paid, issue a

Tax Invoice which enables the Lessee to submit a claim for a credit or refund of GST.

22. Security Deposit

Not Applicable.

23. Additional terms and conditions

Each of the terms and conditions (if any) specified in Item 8 of the Schedule are part of this

Lease and are binding on the Lessor and the Lessee as if incorporated into the body of this

Lease.

GENERAL PROVISIONS

24. Notice

24.1 Form of Delivery

A Notice to a person must be in writing and may be given or made:

(a) by a delivery to the person personally; or

(b) by addressing it to the person and leaving it at or posting it by registered post to the

address of the Party appearing in this Lease or any other address nominated by a

Party by notice to the other.

24.2 Service of Notice

A Notice to a person is deemed to be given or made:

(a) if by personal delivery, when delivered;

(b) if by leaving the Notice at an address specified in clause 24.1, at the time of leaving

the Notice provided the Notice is left during normal business hours; and

(c) if by post to an address specified in clause 24.1, on the second business day

following the date of posting of the Notice.

24.3 Signing of Notice

A Notice to a person may be signed:


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(a) if given by an individual by the person giving the Notice:

(b) if given by a corporation by a director, secretary or manager of that corporation; or

(c) if given by a local government, by the CEO or a person authorised to sign on behalf

of the local government; or

(d) by a solicitor or other agent of the person, corporation or local government giving the

Notice.

25. Amendments to Lease

Subject to such consents as are required by this Lease or at law, this Lease may be varied by

the agreement of the parties in writing.

26. Waiver

26.1 No General Waiver

Failure to exercise or delay in exercising any right, power or privilege in this Lease by a

Party does not operate as a waiver of that right, power or privilege.

26.2 Partial Exercise of Right Power or Privilege

A single or partial exercise of any right, power or privilege does not preclude any other or

further exercise of that right, power or privilege or the exercise of any other right, power or

privilege.

27. Acts by agents

All acts and things which the Lessor is required to do under this Lease may be done by the

Lessor, the CEO, an officer or the agent, solicitor, contractor or employee of the Lessor.

28. Statutory powers

The powers conferred on the Lessor by or under any statutes for the time being in force are,

except to the extent that they are inconsistent with the terms and provisions expressed in this

Lease, in addition to the powers conferred on the Lessor in this Lease.

29. Further assurance

The Parties must execute and do all acts and things necessary or desirable to implement and

give full effect to the terms of this Lease.

30. Severance

If any part of this Lease is or becomes void or unenforceable, that part is or will be severed

from this Lease to the intent that all parts that are not or do not become void or

unenforceable remain in full force and effect and are unaffected by that severance.


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31. Moratorium

The provisions of a statute which would but for this clause extend or postpone the date of

payment of money, reduce the rate of interest or abrogate, nullify, postpone or otherwise

affect the terms of this Lease do not, to the fullest extent permitted by law, apply to limit the

terms of this Lease.

32. Governing law

This Lease is governed by and is to be interpreted in accordance with the laws of Western

Australia and, where applicable, the laws of the Commonwealth of Australia.

DEFINITIONS & INTERPRETATION

33. Definitions

In this Lease, unless otherwise required by the context or subject matter:

Amounts Payable means the Rent and any other money payable by the Lessee under this

Lease;

Authorised Person means:

(a) an agent, employee, licensee or invitee of the Lessee; and

(b) any person visiting the Premises with the consent or implied consent of any person

mentioned in paragraph (a);

Basic Consideration means all consideration (whether in money or otherwise) to be paid or

provided by the Lessee for any supply or use of the Premises and any goods, services or

other things provided by the Lessor under this Lease (other than tax payable pursuant to this

clause);

CEO means the Chief Executive Officer for the time being of the Lessor or any person

appointed by the Chief Executive Officer to perform any of her or his functions under this

Lease;

Commencement Date means the date of commencement of the Term specified in Item 4 of

the Schedule;

Encumbrance means a mortgage, charge, lien, pledge, easement, restrictive covenant, writ,

warrant or caveat and the claim stated in the caveat;

Further Term means each further term specified in Item 3 of the Schedule;

Good Repair means good and substantial tenantable repair and in clean, good working order

and condition;

GST has the meaning that it bears in the GST Act;

GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any

legislation substituted for, replacing or amending that Act;


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GST Adjustment Rate means the amount of any increase in the rate of tax imposed by the

GST Law;

GST Law has the meaning that it bears in section 195-1 of the GST Act;

GST Rate means 10%, or such other figure equal to the rate of tax imposed by the GST

Law;

Input Tax Credit has the meaning that it bears in section 195-1 of the GST Act;

Interest Rate means the rate at the time the payment falls due being 2% greater than the

Lessor’s general overdraft rate on borrowings from its bankers on amounts not exceeding

$100,000.00, which rate cannot exceed the rate prescribed by, and imposed in accordance

with, section 6.13 of the Local Government Act 1995;

Land means the land described at Item 1 of the Schedule;

Lease means this deed as supplemented, amended or varied from time to time;

Lessee’s Obligations means the agreements and obligations set out or implied in this Lease

or imposed by law to be performed by the Lessee;

Lessor’s Obligations means the agreements and obligations set out or implied in this Lease,

or imposed by law to be performed by the Lessor;

Notice means each notice, demand, consent or authority given or made to any person under

this Lease;

Party means the Lessor or the Lessee according to the context;

Permitted Use means the use stipulated in Item 6 of the Schedule;

Premises means the premises described at Item 1 of the Schedule;

Rent means the rent specified in Item 5 of the Schedule;

Schedule means the Schedule to this Lease;

Tax Invoice has the meaning which it bears in section 195-1 of the GST Act;

Taxable Supply has the meaning which it bears in section 195-1 of the GST Act.

Term means the term of years specified in Item 2 of the Schedule and any Further Term;

and

Termination means expiry by lapse of time or sooner determination of the Term or any

period of holding over.

34. Interpretation

In this Lease, unless expressed to the contrary:

(a) Words using:


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(i) the singular include the plural;

(ii) the plural include the singular; and

(iii) any gender includes each gender;

(b) A reference to:

(i) a natural person includes a body corporate or local government; and

(ii) a body corporate or local government includes a natural person;

(c) A reference to a professional body includes a successor to or substitute for that body;

(d) A reference to a Party includes its legal personal representatives, successors and

assigns and if a Party comprises two or more persons, the legal personal

representatives, successors and assigns of each of those persons;

(e) A reference to a statute, ordinance, code, regulation, award, town planning scheme or

other law includes a regulation, local law, by-law, requisition, order or other statutory

instruments under it and any amendments to re-enactments of or replacements of any

of them from time to time in force;

(f) A reference to a right includes a benefit, remedy, discretion, authority or power;

(g) A reference to an obligation includes a warranty or representation and a reference to

a failure to observe or perform an obligation includes a breach of warranty or

representation;

(h) A reference to this Lease or provisions or terms of this Lease or any other deed,

agreement, instrument or contract include a reference to:

(i) both express and implied provisions and terms; and

(ii) that other deed, agreement, instrument or contract as varied, supplemented, replaced

or amended;

(i) A reference to writing includes any mode of representing or reproducing words in

tangible and permanently visible form and includes facsimile transmissions;

(j) Any thing (including, without limitation, any amount) is a reference to the whole or

any part of it and a reference to a group of things or persons is a reference to any one

or more of them;

(k) If a Party comprises two or more persons the obligations and agreements on their part

bind and must be observed and performed by them jointly and each of them severally

and may be enforced against any one or more of them;

(l) The agreements and obligations on the part of the Lessee not to do or omit to do any

act or thing include:

(i) an agreement not to permit that act or thing to be done or omitted to be done by an

Authorised Person; and


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(ii) an agreement to do everything necessary to ensure that that act or thing is not done

or omitted to be done;

(m) Except in the Schedule headings do not affect the interpretation of this Lease.


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Schedule

Item 1: Land and Premises

(a) Land

Lot 3 on Diagram 34206 and being the whole of the land comprised in Certificate of

Title Volume 2676 Folio 199.

(b) Premises

That portion of the Land depicted in the sketch annexed hereto as Annexure 1.

Item 2: Term

Twenty years (20) years commencing on and

expiring on .

Item 3: Further Term (Clause 16)

Not applicable

Item 4: Commencement Date

The date of this Deed

Item 5: Rent (Clause 3(a))

$1.00 per annum payable annually on request.

Item 6: Permitted Use (Clause 8.1(a))

Car parking and construction of car parking and associated landscaping

Item 7: Public Liability Insurance (Clause 6.1)

$20,000,000 (Twenty Million Dollars)

Item 8: Additional Terms and Conditions (Clause 23)

1. Lessor

The Parties agree that, with reasonable notice of the occasions, the Lessor

may continue to use the Premises for car parking during weekly church

services, weddings and funerals.


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Signing page EXECUTED on the day of 2017

THE COMMON SEAL of the SHIRE OF CAPEL was hereunto affixed by authority of a resolution of the Council in the presence of -

Shire President (Print Full Name)

Chief Executive Officer (Print Full Name)

THE COMMON SEAL of the BUNBURY DIOCESAN TRUSTEES was hereunto affixed by authority of a resolution of the Synod in the presence of -

Trustee (Print Full Name)

Trustee (Print Full Name)


1999 Department of Land Administration, Western Australia & The Document Company Pty Ltd 051 763 565 tel: 9443 5389, fax: 9443 5390 Page 1 of 4

FORM L 1

FORM APPROVED NO. B2590

WESTERN AUSTRALIA TRANSFER OF LAND ACT 1893 AS AMENDED

LEASE

DESCRIPTION OF LAND (Note 1) EXTENT VOLUME FOLIO

That part of Lot 3 on Diagram 34206 as shown on the sketch Part 2676 199

annexed to the Lease.

ENCUMBRANCES (Note 2)

Nil.

ESTATE AND INTEREST

Fee Simple - Crown Grant in Trust

LESSOR (Note 3)

BUNBURY DIOCESAN TRUSTEES formerly of Oakley Street, Bunbury but now of 7 Oakley Street, Bunbury

LESSEE (Note 4)

SHIRE OF CAPEL of PO Box 369, Capel

TERM OF LEASE (Note 5)

Twenty (20) years

Commencing from the day of Year

THE LESSOR HEREBY LEASES TO THE LESSEE the land above described subject to the encumbrances as shown hereon (Note 6)

for the above term for the clear yearly rental of (Note 7) one dollar

payable (Note 8) annually.

Subject to the covenants and powers implied under the Transfer of Land Act 1893 as amended (unless hereby negatived or modified) and also to the covenants and conditions contained herein.



PAGE 2

The following covenants by the lessee are to be construed according to section ninety - four of the Transfer of Land Act 1893 as amended (Note 9)



PAGE

ATTESTATION SHEET

Dated this day of Year

LESSOR/S SIGN HERE (Note 10)

See Page 18 of Lease.

LESSEE/S SIGN HERE (Note 10)

See Page 18 of Lease.



INSTRUCTIONS

1. If insufficient space in any section, Additional Sheet, Form B1, should be used with appropriate headings. The boxed sections should only contain the words "see page ..."

2. Additional Sheets shall be numbered consecutively and bound to this document by staples along the left margin prior to execution by the parties.

3. No alteration should be made by erasure. The words rejected should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this document and their witnesses.

4. Where issued, the Duplicate Certificate of Title is required to be produced or if held by another party then arrangements must be made for its production.

NOTES

1. DESCRIPTION OF LAND Lot and Diagram/Plan/Strata/Survey-Strata Plan number or

Location name and number to be stated. Extent - Whole, part or balance of the land comprised in the

Certificate of Title to be stated. If part, define by recital and/or sketch.

The Volume and Folio number to be stated.

2. ENCUMBRANCES To be identified by nature and number, if none show NIL.

3. LESSOR State the full name of the Lessor/Lessors (REGISTERED

PROPRIETOR) as shown in certificate of title and the address/addresses to which future notices can be sent.

4. LESSEE State full name of the Lessee/Lessees and the

address/addresses to which future notices can be sent. If two or more state tenancy e.g. Joint Tenants, Tenants in Common. If Tenants in Common specify shares.

5. TERM OF LEASE Must exceed 3 years. Term to be stated in years, months and

days or as the case may be. Commencement date to be stated. Options to renew to be shown.

6. RECITE ANY EASEMENTS TO BE CREATED Here set forth any Easements to be created as appurtenant to

the lease commencing with the words “together with” and/or any Reservations hereby created encumbering the lease commencing with the words “reserving to”.

7. State amount in words.

8 State term of payment.

9. Insert any Covenants required.

10. LESSOR/LESSEE EXECUTION A separate attestation is required for every person signing this

document. Each signature should be separately witnessed by an Adult Person. The address and occupation of the witness must be stated.

EXAMINED

OFFICE USE ONLY

LEASE

LODGED BY McLeods

ADDRESS 220 Stirling Highway CLAREMONT WA 6010

PHONE No. 9383 3133

FAX No 9383 4935

REFERENCE No. MCL:NG:CAPEL:40513

ISSUING BOX No. 346K

PREPARED BY McLeods

ADDRESS 220 Stirling Highway CLAREMONT WA 6010

PHONE No. 9383 3133 FAX No. 9383 4395

INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY.

TITLES, LEASES, DECLARATIONS ETC. LODGED HEREWITH

1.

Received Items 2.

Nos. 3.

4.

5.

Receiving 6. Clerk

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.



Financial Statements for 30 June 2017

Attachment: Financial Statements for 30 June 2017


Adoption of Budget and Differential Rates for 2017/18

Attachment 1: Differential Rates Submissions Attachment 2: Responses to Differential Rates Submissions Attachment 3: 2017/18 Rates - “Objects and Reasons” Attachment 4: Shire of Capel Budget for the year end 30 June 2018 [Distributed separately in hard cover to Councillors]

26 May 2017

Mr Paul Sheedy Chief Executive Officer via email to: [email protected] Shire of Capel 31 Forrest Road CAPEL WA 6271

Dear Sir

SUBMISSION REGARDING INTENTION TO LEVY DIFFERENTIAL RATES 2017‐18

We act for a number of exploration and prospecting companies in WA and thank you for the opportunity to make a general submission regarding the proposed rates for 2017‐18.

We would like to take this opportunity to ask the Shire to consider a lower rate for Exploration and Prospecting Licences.

We note that valuations provided by the Valuer General are used to calculate rates each year, and that valuations for exploration and prospecting licences are based on the rent rate imposed by the Department of Mines and Petroleum. Last year, the Department increased the rent rate by 3.4% (1.1% in accordance with CPI plus an additional 2.3% above the CPI in lieu of introducing environmental assessment fees) resulting in an increased rate liability of 3.4% even before any increase in the current rate in the dollar (5.99% proposed) or minimum is applied.

Furthermore, the proposed minimum ($1,269) is more than 250% the maximum annual rent payable on Prospecting Licences ($500) and more than the total rent that would be payable for a 10 sub‐block exploration licence. This minimum is also significantly higher than the minimum levied by other Shires and represents an increase of over 8% from last year.

Unlike Mining Leases which are granted to facilitate the extraction of a proven resource, Exploration and Prospecting Licences do not accord rights of production or development. Unlike mining companies, primary producers and others grouped in the Rural Rate Group 11, exploration and prospecting companies do not make profits extracting commercial quantities of resources for sale.

Exploration companies are equity funded and have limited cash flow and at the exploration/prospecting stage, must invest significant funds with minimal returns, generally only turning a profit if they discover a commercially viable resource and convert to a Mining Lease.

I would be happy to discuss this matter further on (08) 6467 7997.

Yours sincerely

Shannon McMahon Principal

SUBMISSIONS ATTACHMENT 1 TO ITEM 15.4

SUBMISSION – PROPOSED DIFFERENTIAL RATING 2017/18

Attention: Chief Executive Officer

I wish to object to the proposed differential rating for 2017/18 and hereby make the following

submission. The basis of my objection arises from the following points:

1 From my reading of various reports and minutes, Council’s focus on its approach to

2017/18 rating regime probably began with Neil Rowlandson’s motion to the Electors’

meeting on 25 January 2017:

“That:

1. The Annual Electors’ meeting record its dissatisfaction to the constant and extensive

rate increases by the shire of Capel over the last decade;

2. As a consequence of this dissatisfaction, request Council to thoroughly review its Plan

for the Future and its Corporate Business Plan with primary objective being fiscal

restraint from 2017/18 onwards; and

3. As a further consequence, request Council to thoroughly review its entire rating

system forthwith (I.e. for implementation in the 2017/18 rating year), with the aim of

achieving –

3.1 Application of Principles, being:

Objectivity

Fairness and equity

Consistency

Transparency

Administrative efficiency.

3.2 Analysis of the differential rating system to at least include:

The various differential rating categories as currently determined together

with future proposals (e.g. – a special residential zone)

The objects and reasons for each category

An analysis of how each differential rate is set (calculated)

The nexus between UV and GRV rating efforts.”

At the subsequent consideration of the above motion by Council at its meeting on 22

February 2017, the CEO in part of his report (P.9 Minutes 22.02.17), recorded the

following:

Point 3 (3.2)

The current rating groups are aligned to Council’s Town Planning Scheme No. 7 zoning

areas/categories and so it would not be permissible to introduce a rating group that does

not comply with the Town Planning Scheme Zones and therefore the suggestion of


introducing a special residential zone cannot happen. (Note: Basically the same answer

was also given in PUBLIC QUESTION TIME – Minutes 22.02.17, pages 4/5).

I firmly believe that the above statement is incorrect because by my reading of s. 6.33 of

the Local Government Act 1995, a special residential rating group can indeed be created.

Section 6.33 is repeated below:

(1) A local government may impose differential rates according to any, or a

combination, of the following characteristics –

(a) the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and development

Act 2005; or

(b) a purpose for which the land is held or used as determined by the local

government; or

(c) whether or not the land is vacant; or

(d) any other characteristic or combination of characteristics prescribed.

So, let me examine the basic credentials for a special residential zone:

Under the Shire’s Town Planning Scheme No. 7 (Map 6), the area north of Watkins Road,

Gelorup contains at least 590 residential lots (properties) and there could be more due

to subdivisional activity not reflected on the scheme map. These are zoned residential

(R2.5). Some other localities in the Shire also have an R2.5 classification while the

majority of residential lots are R20 or R30.

Presently Rate Groups 1 & 2 account for all the residential zoned properties (as

sanctioned by s. 6.33(1)(a)). However, the once called Gelorup special residential zone

could indeed be a separate Rate Group because of its R2.5 classification (and be

sanctioned by s. 6.33(1)(a‐b)).

As mentioned in my 2014 submission, the Gelorup special residential area does not have

the benefit of footpaths or street lighting (apart from the arterial type footpath in Hastie

Road), so in the interests of the key values of Objectivity, Fairness and Equity, and

Consistency, this area deserves a concession in the same way as afforded to Rate Group

12. This would then achieve what Council purports to say in its Objects and Reasons for

Differential Rating, viz:

“Council has adopted differential rating in order to spread the rates burden equitably

and at the same time maintain rating on the basis of land zoning and land use.”

2 In dealing with Mr Rowlandson’s multi‐faceted motion Council went on to record its own

motion on 22 February 2017 at Minute OC0202:

That Council:

1. Receives the minutes of the Annual Electors’ Meeting held on 25 January 2017

and notes the questions raised by the electors attending; and


2. In considering the motion (AE0102) carried at the Annual Electors’ Meeting on 25

January 2017, resolves to note the content of the motion but take no action at

this time for the following reasons:

The Plan for the Future (Long Term Financial Plan) and Corporate

Business Plan will be reviewed prior to 30 June 2017 as part of the

normal annual review process;

The “primary objective being fiscal restraint from 2017/18 onwards” will

be considered when Council undertakes its “Annual Differential Rating

Review” in April 2017;

The “Application of Principles” outlined in 3.1 of the motion are already

required to be taken into consideration and included in the Differential

rating submission provided to the Minister for Local Government each

year when seeking approval for the various rating groups; and

The various rating categories and any future proposals and the objects

and reasons for each category will be considered by Council as part of its

“Differential Rating Review” in April 2017.

Item 15.6 – 2017/18 Budget – Differential Rates (Minutes – 26.04.17), records the detail

of Council’s rating intentions for the next financial year. However it was preceded by a

two hour secret meeting (Councillor Ratings Workshop) on 22 March 2017 and to which

there are no minutes or paperwork available to the public. Page 76 of the minutes of the

Council meeting reveal that councillors participated in the workshop on 23 March 2017

(sic) to review its rating options for 2017/18 financial year, its current rating strategy and

its “rate in the dollar” comparative to neighbouring local governments. The minutes

further record that Council also considered concerns raised by some ratepayers at the

Annual Electors’ meeting on 25 January 2017.

Disappointingly the outcome of these two gatherings is fairly clear. Neither staff nor the

Council apparently had any real interest in addressing the requests from the Electors’

meeting. Consequently one is left to deduce that the only reason for the excessive rates

imposts is purely to drive the squeaky wheels of the Strategic Community Plan,

Corporate Business Plan and the Long Term Financial Plan.

Put simply, these Plans which have hungrily demanded a rate in the dollar increase of at

least 6% (one year it was 9%, two other years it was 8% and one year 7%) each year

since 2006/07, is mind boggling. From a financial perspective it is unsustainable. In a nut

shell the Plans are far too ambitious and require ever increasing rate contributions (like

more than double the annual CPI) to feed their insatiable appetite.

Interestingly the Shire’s Long Term Financial Plan at page 9 under the heading

Assumptions & Policies states the following:

“The following assumptions underpin the Long Term Financial Plan in order to allow

expenditure and revenue to be forecast for a ten year period.”

Within the Assumptions & Policies is a long list (35) of General Variables including the

very important CPI and LGCI assumptions. Sadly, Council has taken no account of these

when it has set its rate over the last decade.


My solution to reducing rates is relatively simple – dump some of the expensive forward

projects. Why? Because the community cannot afford them!

All of the foregoing now brings me back to the content of Minute OC0202 which was to

delay making any formal decision on the requests of the Electors’ meeting motion to

two different events (times) in the future. To my mind the establishment of the rates

proposal for 2017/18 at Minute OC0415, means that all four dot points of Minute

OC0202 have now been dealt with – and summarily dismissed!

I would at this stage remind Council that they have not directly and formally responded

to the Electors’ meeting motion as set down in section 5.33. Fundamentally, that motion

asked the Council for restraint. The answer to this is either “yes” or “no”, but the Council

merely delayed that by saying “maybe” and then did nothing.

Also on page 10 of the minutes of 22 February 2017 the last paragraph reads as follows:

“Finally there is generally no “nexus between UV and GRV rating efforts” other than

to achieve the required annual rate income increase determined each year [i.e. 6% in

2016/17] (3.2 fourth dot point).”

It is my contention that there is indeed some sort of useful nexus and that is the WA

Local Government Grants Commission assessed rating capacity.

At page 95 of the minutes of 26 April 2017, it is noted that the Shire is under raising

rates revenue by $1,794,887 in comparison to the State average. Obviously this is

the combination of both UV and GRV components. A proportion of these relevant

figures will provide a nexus.

The use of this yardstick would be useful to establish rating relativities of rating

efforts in the UV and GRV sectors and would obviously result in changes to the rating

yields of both sectors.

3 Rate Group 6 – The Shire’s determination to rationalise the number of different rate in

the dollar has created some “winners” and “losers”. The first winners in this sequence

are those in Rate Group 6 who will enjoy a 17.2% reduction to their rates.

The reason quoted for this Group is quoted as:

“This differential rate is applied to this category of vacant land to encourage

development of commercial activity within the town site area.”

To me this is very strange logic as Rate Group 6 is bestowed a much lower rate in the

dollar for 2017/18 whereas Rate Group 2 (Residential Vacant) cops the usual 6%

increase! In this context one must also note the similar reason given for Rate Group 2:

“The Shire applies this differential rate to encourage landowners to develop vacant

land.”


So, if the reasons in the two Rate Groups are the same, where is the consistency in the

rating approach?

4 Rate Group 9 – The next group of winners are those property owners with developed

properties in the Special Use zoning.

Alongside Rate Group 6, it is proposed that Rate Group 9 will enjoy a new lower rate in

the dollar of 7.6861 cents.

The Shire’s logic in broad rating philosophy is that in general terms the gross rental

valuations and unimproved values of individual properties are considered to provide

sufficient differentiation between each rating category (page 91 minutes‐ 26.04.17). This

has led to the conclusion to align the five commercial zones with the same rate in the

dollar. In my mind, probably a reasonable approach!

However, once again the question of quantification arises. The proposed rate in the

dollar of 7.6861 is about 4.7% higher than the intended base rate of 7.3410 cents. It

would appear that the proposed commercial rate in the dollar of 7.6861 is derived by

applying the 6% rate in the dollar increase to the 2016/17 rate of 6.5773 as applied to

Rate Groups 6, 7, and 8.

But why is it 4.7% higher? While it may have years ago started out at being 5% higher no

attempt has been made to justify the differentiation for any of the rate groups. I think

there are probably only two ways that quantification can be done – by a costing

methodology or by a subjective determination. The latter would be achieved by setting a

percentage variance to the rate in the dollar between the groups. (The Shire of Augusta

– Margaret River utilise this approach for some of their rating groups).

5 Rate Group 10 – Clearly the biggest winners are those property owners in Rate Group 10

(UV) who will enjoy a massive 64.74% drop to their rate in the dollar.

Unimproved values for commercial properties will never provide sufficient

differentiation. To suggest otherwise is pure fallacy.

It is apparent that the use of around a threefold higher rate in the dollar in previous

years, was to achieve some sort of parity to commercial interests in the GRV rated areas.

The abolition of the former rating approach certainly casts into doubt at least for of the

five following principles:

Objectivity

Fairness and equity

Consistency

Transparency

Administrative efficiency.


6 Rate Group 11 – I have two issues to discuss in regards to this rating group:

6.1 At page 89 of the minutes of 26 April 2017, the report reveals there has been a

reduction in UVs by 2.26% in 2016/17 and 3.55% in 2015/16. At the time of the

report it was not known whether the trend would be upwards or yet further

downwards. Interestingly in in each of the two previous financial years the rate

in the dollar increase was the same 6% as applied to the GRV sector.

However, in 2016/17 there was a GRV revaluation with values increasing by

about 15% on average.

The result from these outcomes is that the UV sector copped a rates concession

while the whole GRV sector being dealt a rates gouging. A classic double rap!

But herein emerges another problem of consistency, fairness and equity (and

accuracy) by the Shire. At page 10 (3rd para.) of the minutes of 22 February 2017,

the CEO in his report states the following:

“This also includes taking into consideration the annual UV and three yearly GRV

reviews and adjusting the rate in the dollar up or down, in each rating group, to

achieve as close as possible the overall rate income increase endorsed for that

year (3.2 third dot point).”

But while this did occur with the 2013/14 revaluation it certainly did not happen

in 2016/17! Is there going to be any adjustment in 2017/18 to compensate for

this apparent oversight?

7 Rate Group 12 – I have two issues to discuss in regards to this rating group which is

where our property is included :

7.1 The first issue relates to rates gouging which has had a serious impact on our

assessment A1733.

With the last GRV revaluation taking effect from 1 July 2016, it would normally

be the approach for the Shire to increase the rates yield by whatever quantum

deemed necessary to meet its budgetary needs. However, as explained in item

6 above, this did not happen and so the intended rate in the dollar increase was

applied across the board to all the new GRVs.

The impact on assessment A1733 was profound when I discovered my rates

from 2015/16 to 2016/17 had increased by $254.59 or 22.52%!

Sadly for me I was not around when the 2016/17 differential rates proposal was

advertised and so I did not make a submission. For 2017/18 this will mean a

compounding of 6% on top of the tragic 2016/17 GRV approach by Council. It is

certainly not unreasonable to demand that Council’s 2016/17 ploy be now

redressed to the benefit of all GRV property owners.

7.2 Once again I am also concerned as to the lack of quantification of how the rate

in the dollar for this group has been established.


No doubt it is a historical matter and my guess is that the difference between

the rate in the dollar for Rate Group 1: Residential (the base rate), and Rate

Group 12: Special Rural commenced as an arbitrary difference (concession) of

15%. For whatever reason, the difference is now about 13.5%.

The 2017/18 Objects and Reasons statement records that a small number of

local government services are not provided to special rural customers and are

quoted to include footpaths, kerbing and street lighting. However, no costing or

quantification to my knowledge has been produced to quantify whether this

subjective figure is anywhere near reasonable.

8 Finally, the comments below have no direct financial impact on the Shire’s differential

rating proposal. However I submit that the Objects and Reasons statement will offer far

more clarity and objectivity if it is rewritten in table form rather than the narrative

presentation currently used. By way of example the Shire of Augusta‐Margaret River

utilise a pretty good format.

In regard to the general structure of your current Objects and Reasons statement I do

have a criticism on how the document is couched:

The amount of rates payable is determined by three factors: the method of valuation of

the land, the valuation of the land and improvements, and the rate in the dollar applied

to that valuation by the Shire. Secondly, the objects and reasons are intended to clearly

explain why it is intended to set the differential general rate at that particular rate for

the zoning group.

Within seven of the Rate Groups there is a statement that reads as follows:

Council is satisfied that GRVs generally form a proper and equitable basis for

differentiation amongst these properties.

To me this is a meaningless motherhood statement as the GRV is of course the method

of valuation. Whatever rates are payable are dependent on the remaining two factors –

the valuation and the rate in the dollar. The motherhood statement is superfluous.

Rate Groups 10 & 11 are also treated in the same way in respect to the use of UVs.

Yours sincerely RG Bone 24 Gelorup Rise Gelorup WA 6230 (Assessment A1733)


OUR REF: ICR26483 Shannon McMahon McMahon Mining Title Services Pty Ltd PO Box 592 Maylands WA 6931 Dear Shannon, SUBMISSION REGARDING INTENTION TO LEVY DIFFERENTIAL RATES 2017/18 Thank you for your letter dated 26 May regarding the proposed Council minimum rate of $1,269 for 2017/18. I understand from your letter that you act for a number of exploration and prospecting companies, are making a general submission and are concerned with the level of proposed minimum rate within the Shire of Capel. In particular, you are concerned that the Shire minimum rate of $1,269 is more than 250% of the annual rent of $500 payable on Prospecting Licences. You should note that, in line with previous years, the Shire of Capel has not set a lesser minimum for the 2017/18 financial year. I have also noted from your letter that last year the Department of Mines and Petroleum have increased their rent rate by 3.4%. While, the Shire does appreciate that this may impact your clients from a commercial perspective you would be aware that the Shire has no influence on the setting of this particular fee. In terms of the minimum fee, Council has adopted a strategy which aims to increase its overall rates yield on the 2016/17 financial year by 6%. The minimum increase of 8% forms part of this overall amount. For your awareness, Council conducted an internal workshop in March this year to consider various rating options for the 2017/18 financial year. Further to this, Council was presented with three rating options for 2017/18 at its meeting on 26 April 2017 and subsequently endorsed the minimum and differential rates advertised on 3 May 2017. In line with guidelines, a copy of your letter and the Shire response will be included as an attachment in the report which is provided to Council for consideration. Council will receive and consider your submission at a Special Meeting on Wednesday 7 June 2017 at 5.30pm.

RESPONSES TO SUBMISSIONS ATTACHMENT 2 TO ITEM 15.4

For the purpose of expediency, I have emailed this letter to you however I will also send a copy in the post. Should you have any queries please do not hesitate to contact me on 9727 0222 or email me at [email protected]. Yours sincerely, Susan Stevenson EXECUTIVE MANAGER CORPORATE SERVICES 1 June 2017


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Ref: ICR26480 Mr RG Bone, 24 Gelorup Rise GELORUP WA 6230 Dear Mr Bone,

SUBMISSION – DIFFERENTIAL RATING 2017/18 Thank you for your submission dated 26 May 2017 regarding the proposed Differential Rates for 2017/18. Before addressing the specific points which you have raised, I thought it might be beneficial to put the proposed rates increase in context of the Shires long term objectives. You may be aware that as part of the Integrated Planning and Reporting Framework requirements set by of the Western Australian State Government, local government must provide forward planning documents for a range of financial periods. A Strategic Community Plan and Corporate Business Plan are required spanning a four year period in conjunction with a Long Term Financial Plan forecasting a period of ten years. The Shire of Capel Corporate Business Plan is a four year service and project delivery plan and is aligned with the Shire’s Strategic Community Plan. This is derived from various actions which have been prioritised by Council and the community. This does not only cover future strategic projects but also takes cognisance of funding requirements for capital renewal and any additional operational functions. For your awareness, Council is in the process of finalising its major review of the Strategic Community Plan, in keeping with guidelines, and has consulted with ratepayers at a number of open public forums held in late 2016 through to early 2017. These events were held across the Shire in a variety of localities. Community feedback from these forums will be incorporated into the revised Corporate Business Plan via the Strategic Community Plan. In support of the Integrated Planning and Reporting Framework, Council has developed a Rating Strategy which provides guidance on the


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establishment of rates required to fund the net operating and capital expenditure requirements of Council over the next 10+ years. Originally adopted in June 2010, this is reviewed each year as part of the budget development process. For the 2017/18 financial year, a ratings workshop was held as part of this review process. Response to Points Raised Please find below a response to the points raised in your submission. 1. The assertion is made that “Council’s focus on its approach to 2017/18

rating regime probably began with Neil Rowlandson’s motion to the Electors’ meeting on 25 January 2017:” This assertion is inaccurate as Council had already planned a Ratings Workshop prior to the Annual Electors meeting on 25 January 2017. This type of workshop has occurred in prior years and allows discussion on rates and upcoming strategic issues and projects. Council considered and discussed a number of options for the 2017/18 financial year including:

a. The current number of rating zones; b. The increase in the rate in the dollar; c. The impact of any reduced increase in the rate in the dollar on

delivery strategic projects; d. The impact of any reduced rate in the dollar on the delivery of

capital renewal; and e. Possible realignment of the existing rates in the dollar.

Council had already, prior to the 2016/17 Budget adoption, reviewed and adjusted project timing of strategic projects within its Long Term Financial Plan. This has been part of an on-going Council review of sustainability in the context of the asset renewal requirements of the Shire You have mentioned the “special residential area” which once covered part of Gelorup. This grouping has not been in existence for some time. These properties are zoned Residential and as such are rated as Residential. There is some increased provision of services such as kerbing and drainage in some areas. In relation to other infrastructure such as paths or street lighting, this is a broader infrastructure discussion as oppose to a rating zone discussion. Council is constantly reviewing its infrastructure programs and has recently adopted its latest five year dual use path program.

2. In considering motion AE0102, this has been addressed in a number of ways:

a. Council held a Workshop, as in previous years, to discuss rating options;

b. Council had previously, in 2016, carried out a review of its Long Term Financial Plan to ensure that existing assets can be renewed and maintained to the required standard and that


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future strategic projects can be delivered in an appropriate and affordable way. This resulted in some projects being pushed to a much later date in the planning cycle with the scope of some projects being re-assessed in the light of changing community demands and demographics;

c. Council adopts a number of subsidiary infrastructure plans (roads, paths and plant as examples) each year. These feed into the budget process where any funding gaps are addressed and are assessed on their individual merits;

d. All costs are assessed each year as part of the Budget process. Cost efficiencies are reviewed at this stage as part of the on-going cycle;

e. Costs are reviewed and reported through the financial year. Forecast rates increases are not purely a factor of future projects. There is a requirement to also fund operating expenditure, capital preservation and renewal. The rate increases forecast in the Corporate Business Plan and Long Term Financial Plan indicate a continued need for rate increases of 6% up to 2018/19, with a 4% increase forecast thereafter. Given the growth which has taken place within the Shire in recent years, many Shire assets have been created through private developments which now necessitate a financial commitment from the Shire. In addition, assets have been provided to Council through grants and now require increased maintenance and replacement in future years. The Long Term Financial Plan will be reviewed again this year in the light of the community consultation which has taken place as part of the Strategic Community Plan. This should align community feedback given at these forums with future planning. In this way, the Shire is in a better position to meet community needs at a whole of Shire level. In reference to the assumed variables utilised within the Long Term Financial Plan, CPI and LGCI are noted as is the Wages Index and the assumed rates increases. Council also takes account of indexation assumptions used by WA Treasury in its forecast and therefore looks at a variety of indices to determine an overall view. The rates proposal for 2017/18 does not indicate that OC0202 has been “summarily dismissed”. A variety of options were modelled for the 2017/18 rates proposal however the recommendation remained that a 6% yield was required to maintain services at the necessary level.

3. Council has this year resolved to set a differential rate in the dollar of 7.6861 cents for rate groups 5,6,7,8 and 9. These rate groups relate to commercial enterprises. Given that there had previously been two differential rates across these five rating groups, there will be some ratepayers who will have a one-off increase and some ratepayers who will have a one-off decrease as a result of this aggregation. This should not be a factor for future years with any variation being a result of revaluation from the Office of the Valuer General.


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In regards to comments on Rate Group 6, the statement that “This differential rate is applied to this category of vacant land to encourage development of commercial activity within the town site area” is valid in the context of commercial decision making with reduced overheads generally being more attractive to business development. When considering Rate Zone 2 (Residential Vacant), established logic suggests that a higher differential rate in the dollar is more likely to result in the residential lot being developed due to narrowing the marginal cost gap between vacant and developed. This is common practice in other local governments.

4. In part, please refer to point 3 above. In addition, with reference to that

actual rate in the dollar of 7.6861cents, this has been derived to simply spread the rate burden across these categories. Rather than simply uplifting the 2016/17 rates in the dollar by 6%, 7.6861 cents is the aggregate rate which derives the equivalent rates revenue. The realignment, as you point out, is a reasonable approach. The rate of 7.6861 does not correlate directly to the rate for groups 1 and 3 of 7.3410.

5. With regards to Rate Group 10, it should be noted that there is a total of 14 properties in this category historically raising a small portion of revenue. As these properties are rural, with marginal differentiation in service provision, Council has considered alignment with other Rural properties appropriate. In doing so, Council is consistent with the five principles you mention, particularly consistency, transparency and administrative efficiency

6. Rate zone 11. Please read in conjunction with point 7 below. Council

determined that it was necessary to increase rates by applying a 6% increase on the 2015/16 rate in the dollar for 2016/17. Due to the Shires increasing asset renewal funding requirements, additional funds were allocated to the Infrastructure Asset Preservation Reserve to fund future road programs. 2016/17 rates have been endorsed by Council and levied by the Shire and Council does not propose any adjustment in 2017/18. Council did not have the revised UV valuations at the time of writing for the April meeting where the 2017/18 rates were endorsed.

7. Rate Group 12. Rating submissions for the 2016/17 financial year were

considered at a Special Council Meeting on 30 June 2016. The GRV revaluation which was effective 1 July 2016 as you have noted. When endorsing the 2016/17 differential rates in the dollar, Council was provided with three options and thought it necessary to use the increase in revenue to help fund road infrastructure. Should you wish to view the item which was considered by Council, on 25 May 2016, it is available on the Shire website.

8. With regards to the format of the Objects and Reasons for 2017/18, your comments have been noted. The Shire does review formats utilised by neighbouring local governments with a view to continuous improvement and will continue to look for opportunities to improve the presentation of information to residents and ratepayers.


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9. Council will receive and consider your submission at a Special Meeting

on Wednesday 7 June 2017 at 5.30pm. Should you require any further clarification on the above matters, then please contact me on 9727 0222 or by e-mail at [email protected]. Yours sincerely Susan Stevenson EXECUTIVE MANAGER CORPORATE SERVICES 1 June 2017


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