shire of narembeen · pdf file6084/15 18-nov-15 adm103 that council: recreation centre...

COUNCIL CALENDAR Date Time Meeting 20th July 2016 2.30pm Ordinary Meeting of Council 17th August 2016 2.30pm Ordinary Meeting of Council 21st September 2016 2.30pm Ordinary Meeting of Council

JULY MEETING PROGRAMME 2.30pm Ordinary Meeting of Council

MEETING GUESTS

SHIRE OF NAREMBEEN20th July 2016

Agenda for the 620th Ordinary Council Meeting

Our Mission: A rural community working together to create a great place to live, attain a safe, healthy and creative environment, which achieves sustainable and innovative development and economic opportunities.

Our Values: Respect, Inclusiveness, Fairness & Equity, Communication

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Contents

1.0 Opening & Welcome ...............................................................................................................42.0 Attendance & Apologies ..........................................................................................................43.0 Declarations of Interest ...........................................................................................................44.0 Announcements ......................................................................................................................4 4.1 Applications for Leave of Absence ......................................................................................... 4

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5.0 Public Question Time & Deputations ......................................................................................46.0 Minutes from Previous Meetings .............................................................................................47.0 Status Report...........................................................................................................................58.0 Reports ..................................................................................................................................16 8.1 Manager Environmental Health/Building ...............................................................................16 8.2 Works Manager .....................................................................................................................51 8.3 Building Supervisor ...............................................................................................................53 8.4 Chief Executive Officer ......................................................................................................... 56 8.5 Executive Manager Corporate Services ............................................................................. 2309.0 Councillor Reports - Including Other Councillor Business ..................................................30710.0 Urgent Business as Permitted by Council .......................................................................... 30811.0 Date, Time & Place of Next Meeting ...................................................................................30812.0 Closure ................................................................................................................................308

Date: 20th July 2016

At: Shire of Narembeen Council Chambers 1 Longhurst Street, Narembeen

Commencing: 2.30pm

________________________ Chris Jackson Chief Executive Officer Date: 13th July 2016

______________________________________________________________________________

DISCLAIMER No responsibility whatsoever is implied or accepted by the Shire of Narembeen for any act, omission or statement or intimation occurring during Council/Committee meetings or during formal/informal conversations with staff. The Shire of Narembeen disclaims any liability for any loss whatsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person’s and or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for license, any statement or limitation or approval made by a member or officer of the Shire of Narembeen during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Narembeen. The Shire of Narembeen warns that anyone who has an application lodged with the Shire of Narembeen must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Narembeen in respect of the application.

NOTICE OF MEETING

To the President & Councillors,

In accordance with the provisions of Section 5.5 of the Local Government Act, you are hereby notified that the 620th Ordinary Meeting of Council has been convened for:

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Shire of Narembeen Ordinary Council Meeting Wednesday 20th July 2016, commencing at 2.30pm.

1.0 Opening & Welcome

2.0 Attendance & Apologies

Attendance

Councillors

Staff

Apologies

Approved leave of absence

3.0 Declarations of Interest

4.0 Announcements

4.1 Application for leave of absence

5.0 Public Question Time & Deputations (15 min)

Nil

6.0 Minutes of Previous Meetings

6.1 Confirmation of Minutes of Ordinary Meeting of Council

6.1.1 Confirmation of Minutes

Confirmation of Minutes from the Shire of Narembeen Ordinary Meeting held on Wednesday 15th June 2016.

RECOMMENDATION:

That the Minutes of the Meeting of the Shire of Narembeen held Wednesday 15th June 2016 be confirmed as a true and accurate record of the proceedings.

COUNCIL RESOLUTION

MIN MOTION - Moved Cr. 2nd Cr.

That the minutes of the meeting of the Shire of Narembeen held Wednesday 15th June 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED /

AGENDA

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6.1.2 Business Arising

Business Arising from the Minutes of the Shire of Narembeen Ordinary Meeting held Wednesday 15th June 2016.

7.0 Status Report

RECOMMENDATION:

That the Status Report for July 2016 be received.

COUNCIL RESOLUTION


That the Status Report be received. CARRIED /

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SHIRE OF NAREMBEEN - STATUS REPORT

For July 2016 Meeting

Minute

No.

Minute Date File No Subject Minute Item Comments Status Staff Member

Allocation

5315/12 19-Dec-12 Walter Jones Estate

That the CEO instruct Civic Legal to prepare and issue correspondence to Mr. Wally Jonesrequesting removal of his aircraft and equipment from the Narembeen Community Hanger, with theShire reserving the right to remedy under the Magistrates Court should the equipment (and aircraft)not be removed.

Meeting with Paul Jones - details to be provided re probate

Current CEO

5554/13 16-Oct-13 Walter Jones Estate

That Council accepts the legal advice from Council’s lawyers and issue the owner of Lot 2 LathamRoad Narembeen a Notice under Section 3.25 of the Local Government Act 1995, in order toachieve removal of disused material from the premises.

As above 5315/12 Ongoing CEO

5682/14 16-Apr-14 Avoca Farm That staff prepare a report based on the approved structure plan for the potential futuredevelopment of Avoca Farm.

No progress On hold CEO

5720/14 21-May-14 Homes for the Aged

1. Endorse the proposed Agreement between the Shire of Narembeen and the Narembeen Homesfor the Aged Inc.

Draft Agreement prepared. Presented to July 2016 Council meeting for endorsement.

Current EMCS

2. Authorise the Chief Executive Officer to confirm with the Narembeen Homes for the Aged Inctheir acceptance of the proposed agreement.3. Authorise the Chief Executive Officer to sign the agreement on behalf of Council

5918/15 18-Mar-15 Cheetham Way Blocks

1. Advertise for one month for expressions of interest for blocks in Cheetham Way to gaugeinterest; and2. Advertise expressions of interest for the development of larger rural style blocks of Avoca Farms.

1. Council resolved to ceaseadvertising Cheetham Way blocks (6046/15)2. Avoca EOI underpreparation

On Hold EMCS

5919/15 18-Mar-15 Entry Statements

That Council investigate outside funding sources for new entry statements for Narembeen. Council to consider removing this resolution given the hawk sculpture and Lesser Hall Interpretation Plan.

Ongoing CRC/CEO

5944/15 20-May-15 Amalgamation of Lots 1 & 2 - Roadhouse / Grain Discovery Centre

1. Reaffirm that the Shire of Narembeen will disposal of Lot 2 on Diagram 13892 Currall Street (C/T1113/655) as a gift to Go Narembeen Association Inc. in accordance with the Local GovernmentFunctions & General Regulations Dispositions of property excluded from Act s. 3.58 Section 30 (1)(b).2. Approve the Contract of Sale as presented.3. Approve ‘Annexure A’ Special Conditions of Sale as presented.4. Approve the Caveat as presented.5. Enter into a long term lease with Go Narembeen Association Inc. for the continued operation ofthe Grain Discovery Centre.

Draft Lease being prepared. CEO

5947/15 20-May-15 Streetscape Plan

1. Advise the community and develop a plan with regard to street trees on Currall Street.2. That a report be prepared on the condition of all the trees on Currall Street and townscapeoptions considered for future landscaping and planting along the Currall Street verge.

Reason for Change: Council wanted to ensure Community input with regard to the future of the

road verge.

Verge Plan to be developed. Ongoing CEO/WM

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Minute

No.


Allocation

5973/15 17-Jun-15 South Kumminin Tourist Stop

That council instruct staff to investigate the options to have lots 6 and 7, in South Kumminintownsite vested to the Shire of Narembeen for the purpose tourism and consider the establishmentand ongoing costs of the site.

Letter sent to Department of Lands - no response. Alternative options being considered. Owner of Lot 8 has given in-principle support to place the information bay on their lot. Letter sent 4 July 2016.

Ongoing CEO

6017/15 19-Aug-15 Blackspot Funding

That Council approve that a Blackspot application be submitted to the Regional Road Group for thesection of Wogarl/Muntadgin road from slk 9.870 to slk 10.800.

Grant declined, will re-submitBoth RRG & Federal

Ongoing CEO

6026/15 19-Aug-15 33 Thomas Street

That Council authorise the Chief Executive Officer to commence the process of selling 33 ThomasStreet, Narembeen, for non-payment of rates by, auction or private sale. Should the property notsell within twelve months from the date of advertising, Council authorise the Chief Executive Officerto have the property transferred into the Shire’s name.

Auction held, no bidders. On hold for 12 months.

Ongoing CEO/SFO

6045/15 21-Oct-15 Walter Jones Estate

That Council reaffirm its intentions with regard to Minute Numbers 5315/12 (Aircraft) and 5554/13(Seed cleaners) proceed with “Estate of Walter Jones”.

As per 5315/12 & 5554/13 CEO

6063/15 21-Oct-15 P1223/ That Council:ADM557

Lesser Hall demolition and Narembeen Civic Centre Interpretation Plan

1. Receive the advice from the State Heritage Office;

Archival Record accepted by State Heritage Office

Complete EMCS

2. Commits to the preparation of an Archival Record for the Narembeen Lesser Hall forconsideration by the Heritage Council;

Interpretation Plan approved by State Heritage Office.

See 6219/16

3. Commits to the preparation and implementation of an Interpretation Plan for the NarembeenCivic Precinct for submission to the State Heritage Office Executive for their review andsatisfaction;

Final draft Interpretation Plan adopted by 15 June 2016.

4. Approves the Interpretation Plan Fee Proposal as presented; See 6219/165. Authorises the executive staff to liaise with Stephen Carrick Architect to prepare anInterpretation Plan, including costings, design and implementation timelines for consideration byCouncil;

Planning for the demolition of the Lesser Hall has commenced.

6. Approve a budget amendment* of $15,000 (GL1111102) for the preparation of an InterpretationPlan.

No Motion 21-Oct-15 Sporting ClubsSporting Clubs - Cr DeLuis would like to see a record being kept of how much money is beingallocated to sporting clubs facilities. How will these be funded into the future? Also noting thosegroups that contribute to the reserves for renewals of infrastructure assets. CEO to follow up.

To be considered as part of the 16/17 budget

Ongoing CEO

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Minute

No.


Allocation

No Motion 21-Oct-15 Mobile phone coverage

Cr Vaughan - Telstra reception is getting worse. Where can we go with this? Rick Wilson/MiaDavies

Discussed with Melissa Price. Muntadgin East Mobile tower negotiations stalled. Telstra to identify alternative sites at Muntadgin East.

Ongoing CEO

No Motion 21-Oct-15 RV overnight stop

Cr Thomas - RV's coming to town, often staying just out of town. How can we entice people to stayhere and get them to spend money in our town. Consider as a future project.

Discuss in 16/17 budget CEO

No Motion 21-Oct-15 Netball courtsCr Hardham - Netball fence doesn’t match, should be considered in the future.

Consideration - 16/17 Budget CEO

6084/15 18-Nov-15 ADM103 That Council:

Recreation Centre Playground

1. Approve that new playground equipment at the Narembeen Recreation Centre be located offthe north/east corner of the recreation centre building behind the cricket nets as shown on theattached plan.

Lotterywest grant approved for $75,840.00.

Ongoing CEO

2. Confirm that the design of the playground is to minimise any impact on views from the buildingand use a soft fall material on the base.

Council at June 2016 meeting endorsed playground and fence. See 6213/16

3. Request that staff now proceed with an application to Lotterywest to assist with funding theproject

6085/15 18-Nov-15 Town Oval / cricket wickets

1. That Council endorse the actions of the Chief Executive Officer in the restructure of the ShireParks and Gardens area and approve that the position of Grounds Curator be made redundant andremoved from the current Workforce Structure; and

Meeting held with Cricket Club. No contact back from Club.

Ongoing CEO

2. That the CEO enters into discussions with the Cricket Club as to how this maintenance will ofthe wicket will occur

No Motion 16-Dec-15 Avoca Farm Cr G Vaughan - water stop around Avoca Farm To be discussed Ongoing

6132/16 17-Feb-16 ADM137 Emergency Services Facility

That Council:1. Approve an application be made to the Department of Fire and Emergency Services LocalGovernment Grants Scheme for the construction of a new Narembeen Fire Station to house thetwo town fire units.2. Approve that Lot 1 on Plan 5209, Lot 26529 on Deposited Plan 154441 24 Latham Road isdeveloped as a shared use emergency services facility to house the Town Bush Brigade and StJohn ambulance.3. Continue working with St John Ambulance and DFES to provide for a shared facility on this sitelooking at all the options for other funding and how the joint facility will be designed and constructedto meet the needs of both parties.

Approved. Additional funding to be sought.

Ongoing CEO

6134/16 17-Feb-16 ADM535 Kondinin and Cramphorne Roads land acquisitions

Road Widening's/Land Resumption:1. That Council make an offer of $1,250 per hectare in exchange for the resumption of land intothe Kondinin Narembeen Road and the Cramphorne Road reserves from the above propertyowners, as well as the rerouting of the Merredin Road land resumption.2. That staff continue the process of amalgamation of land from these property owners in to theroad reserve with the West Australian Planning Commission with the completion of the requiredForm 1A Application for Approval of Freehold or Survey Strata Subdivision.

Letters to property owners sent.

Ongoing CEO

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Minute

No.


Allocation

6137/16 17-Feb-16 ADM139 Community Resource Centre

That Council:1. Receive the Western Australian Community Resource Centre update;2. Authorise the Chief Executive Officer to write to the Hon Mia Davies MLA, Member for CentralWheatbelt, seeking an update from the Minister for Regional Development on the evaluation of theCommunity Resource Centre by Curtin University; and3. Express disappointment that the terms of reference for the evaluation were not made availableto Community Resource Centre Management Committees and/or Shires.

Letter sent to Mia Davies April 2016. Follow up email sent to Mia Davies 12/7/16.

Ongoing CEO/EMCS

6138/16 17-Feb-16 ADM505 NSRF application

That Council:1. Delegate to the Chief Executive Officer the authority to sign the National Stronger RegionsFund application, its associated Terms and Conditions, Deed of Agreement, Progress Reports,Activity Completion Report, Project Completion Report and any other report or document that theCommonwealth may require; and2. Approve the contribution of additional funds if the project runs over budget.

Application submitted. Announcement will be delayed due to Federal Election.

Ongoing CEO

6140/16 17-Feb-16 ADM526 Royalties for Regions Community Chest Grant Fund

That Council:1. Support the application for $50,000 grant funding from the Royalties for Regions CommunityChest Fund;2.Authorise the Chief Executive Officer to sign all relevant documentation associated with theRoyalties for Regions Community Chest Fund application.

On Hold Ongoing CEO

6146/16 17-Feb-16 Swimming Pool kiosk air cooling

Council agrees that the kiosk at the pool needs to be cooler, options to be investigated, with thebest option to be included in Council 2016/2017 budget deliberations.

Quotes received for airconditioning. Will be included in 16/17 budget

Ongoing EMCS

6155/16 16-Mar-16 ADM500 Townsite Bypass

That Council:1. Raise the matter with the Premier the Hon Colin Barnett during his visit toNarembeen on Friday 29th April 2016.2. The CEO write to the Premier prior to his visit to express great concernregarding the response of the Minister for Transport in that the StateGovernment has no control over access to the rail corridor and that both theState Government and Brookfield Rail have no interest in assisting Narembeenin resolving grain freight and safety issues in the Narembeen townsite.3. Request a meeting with Mr Paul Larsen, CEO, Brookfield Rail to discuss theNarembeen Townsite Project and the rail corridor issues.4. Include this matter for discussion with the Main Roads Regional Manager CraigManton when he meets with Council on Thursday 17th March 2016.5. Proceed with the staged approach (drawing no 201608-SP01) as presented witha view to achieving the complete upgrade of the area in and around the CBHsite as approved at the December 2015 ordinary meeting (drawing no201508-1451).

Advice received that Brookfield will be prepared to meet again. Meeting being arranged

Ongoing CEO

9

Minute

No.


Allocation

6164/16 16-Mar-16 ADM455 Rec Centre Power consumption

That Council:Narembeen Club - Outstanding Invoices1. Approve a 10% reduction in the cost of electricity that has been billed to dateproviding a reduction of $1,728 to compensate for power used as part ofconstruction.2. That staff be authorised to negotiate a repayment plan with the club for payment ofthe outstanding amount.3. That staff and Councillors in consultation with the Narembeen Club Inc investigateoptions for the installation of solar panels to reduce or offset the cost of powerconsumption at the Narembeen Recreation Centre and work with the club for theintroduction of a power usage plan/policy that look at ways to minimise the cost ofelectricity for the facility.

Ongoing CEO/EMCS/SFO

6172/16 20-Apr-16 ADM520 Road / rail interface agreement

That Council advise the Office of the National Rail Safety Regulator Western Australia BranchOffice that the Shire of Narembeen’s position on signing of the Road Rail Interface Agreementremains unchanged from the motion moved 20th August 2014.

Response from ONRSR received. WALGA continuing to support LG's.

CEO

6174/16 20-Apr-16 ADM120 Insurance duplication

1. Approve ceasing payment of property insurance for Mt Walker Golf Course Clubhouse &Narembeen Golf Clubhouse2. Request that LGIS refund the cost paid by the Shire for 2014 & 2015 on building insurance forthese properties3. Approve that the funds be placed into the Recreation Reserve4.Enter into an agreements with sporting clubs to confirm who is responsible for matters such asinsurance and maintenance

To be actioned CEO

6180/16 20-Apr-16 ADM185 Town Planning1. Note the advice of the Minister for Planning contained in Attachment 2.2. Generally support pursuit of an amendment to the Shire of Narembeen Town Planning SchemeNo 2 to align it with the new Planning and Development (Local Planning Schemes) Regulations2015.3. Generally support provisions being included in a future scheme amendment to maintain planningcontrols over repurposed and second hand dwellings consistent with the advice of the Minister ofPlanning.4. Advise Gray & Lewis Landuse Planners that the amendment should include the following:

(i) Controls over transportable, prefabricated or relocated buildings (that are not dwellings)(ii) Review of Table 1 – Zoning Table and introduction of more landuse definitions that are

available in the Model Scheme Text.5. Authorise the Chief Executive Officer to advise the Department of Planning that;Council would like modifications to be made to the Permitted Development provisions which will bedrafted by Gray & Lewis in consultation with the Chief Executive Officer.

Item to July meeting Ongoing CEO

10

Minute

No.


Allocation

6181/16 20-Apr-16 ADM554 Authorised Officers

Authorised Officer for Government Gazette:-

That Council appoint the following persons: Chris Jackson, Garry Gregan, Bonnie Cole, Ashlyn Savin, Rachael Moore, Julian Goldacre, ArthurCousins, Matthew Sharpe, Jodie Taylor, Robert Edwards. as authorised persons in accordance with the following acts;

Local Government Act (Miscellaneous Provisions) 1960, Part XX (Ranger/Pound Keeper); Local Government Act 1995, Part 3 – Executive Functions of Local Government and Part 9Miscellaneous Provisions; Caravan and Camping Grounds Act 1995; Dog Act 1976 and Regulations; Cat Act 2011; Bush Fires Act 1954 and Regulations; Litter Act 1979 and Regulations; Control of Vehicles (Off Road Areas) Act 1978 and Regulations; Shire of Narembeen Local Laws Shire of Narembeen Health Local Laws

And appoint the following persons as registration officers in accordance with the Dog Act 1976, CatAct 2011 and Regulations;

Chris Jackson, Garry Gregan, Bonnie Cole, Ashlyn Savin and Rachael Moore.All previous authorisations are hereby cancelled.

Gazetted May 2016 Completed CEO

6184/16 18-May-16 ADM044 Animal, Environment and Nuisance Local Law

That Council pursuant to Section 3.12 of the Local Government Act 1995:

1. Adopts the proposed Shire of Narembeen Animals, Environment and Nuisance LocalLaw 2016 for advertising;2. Gives Statewide public notice and stating that:I. The Shire of Narembeen propose to make the Shire of Narembeen Animals,Environment and Nuisance Local Law 2016;II. The purpose of the proposed Shire of Narembeen Animals, Environment andNuisance Local Law 2016 is to provide for the regulation, control andmanagement of animals and the prevention of environmental damage andnuisances within the Shire of Narembeen; andIII. The effect of the proposed Shire of Narembeen Animals, Environment andNuisance Local Law 2016 is to establish the requirements with which anyperson keeping animals, or undertaking activities that have the potential toimpact the environment or create nuisance must comply.A copy of the proposed local law may be inspected or obtained at any placespecified in the notice;Submissions about the proposed local law may be made to the Shire before the dayspecified in the notice, being not less than 8 weeks after the notice is given;3. Provides a copy of the proposed local law and notice to the Hon. Minister for LocalGovernment and the Executive Director of Public Health; and4. Directs the Chief Executive Officer to prepare a report to Council detailingsubmissions from the community at the first Council meeting following the closure ofthe designated submissions period.

For adoption by Council at July 2016 meeting

CEO

11

Minute

No.


Allocation

6185/16 18-May-16 ADM044 Health Local Law

That Council:-

1. Endorse for inclusion into the Shire of Narembeen Health Local Law 2016 thechanges presented by the Officer in this agenda as ‘Officer proposed changes’ points1 to 7.2. Endorse for inclusion into the Shire of Narembeen Health Local Law 2016 the agreedchanges only as presented by the Dept of Health WA in the attachment), the Dept ofLocal Government and Communities in the attachment and the agreed changes inschedule of submissions in the attachment.3. ‘Make’ the Shire of Narembeen Health Local Law 2016 as presented in theattachment.4. Authorise the Shire President and the Chief Executive Officer to sign the Shire ofNarembeen Health Local Law 2016 and the affixing of the Shire of Narembeen sealto the Shire of Narembeen Health Local Law 2016; and5. Authorise the Chief Executive Officer carry out the process of Gazettal of the Shire ofNarembeen Health Local Law 2016 and to complete the administrative functionsrequired for presentation of the Shire of Narembeen Health Local Law 2016 to theJoint Standing Committee on Delegated Legislation of the Western AustraliaParliament.

The EHO has progressed to ensure the Local law is signed and sealed and forwarded to the Executive Director of Public Health at the DoH for consenting to. Gazettal will follow next when the Local law is returned to the Shire.

CEO

6188/16 18-May-16 ADM109 Local Government Week

That Council confirm the following attendees and voting delegates for the 2016 WA LocalGovernment Convention:-Cr Rhonda Cole – Voting DelegateCr Gina DeLuis – Voting DelegateChris Jackson - CEONo other interest from Councillors. Rooms will be cancelled if CEO has not heardfrom Councillors by mid-June.

WALGA were advised of voting delegates 25/5/16

Ongoing

6189/16 18-May-16 ADM556 WANDRRA - March Rain Event

That Council:-1. Approve that the Chief Executive Officer engage a consultant to assist in progressingthe Flood Damage claim through the DPC and Main Roads and these cost’s berecouped as part of the claim.2. Write to the Premier in support of concerns raised by the Shire during his visit toNarembeen on the 29th April 2016 regarding the use of Council’s own work force asopposed to external contractors as referenced in the WANDRRA Guide for LocalGovernment that;"Under WANDRRA, up to 100% of costs for Counter DisasterOperations type activities may be reimbursed to local governments providedthat these costs can be shown to be ‘extraordinary’ costs incurred directly asa result of an eligible disaster. This would not however include the‘notional’ (i.e. ordinary’) costs of staff wages or use of equipment or machineryowned by the local government”3. Considers that any costs incurred as result of our recent flooding are ‘extraordinary’costs as it is clearly outside of our set road programme and not planned, it is notnormal road maintenance and local governments should be able to use its own roadstaff, equipment or machinery to undertake both opening up and reinstatement works.The engagement of contractors is consider totally impractical for opening up worksand should be only be considered when the scope of works is outside the localgovernments capacity to undertake these works.

WANDRRA claim activated. AGRN No issued.Next step: discuss with Main Roads how funding, restoration and replacement processes are managed and by whom.

CEO

12

Minute

No.


Allocation

4. Considers that the DPC Declared Natural Disasters and Abnormal Rainfall andSevere Weather Events claim process to be lengthy and overly complicated that doesnot suit the nature of responding to a disaster and is under resourced at all levelsincluding the need for the DPC and Main Roads to respond in a timely manner and forlocal governments to have the resources to prepare the required information toprocess a claim. As an example the Shire’s current claim has over 40 roads listed asbeing damaged all requiring opening up repairs and reinstatements in multiplelocations. The process of preparing a claim can take months given the nature of thedetail required and the complication of the urgent need to undertake opening up repairworks as soon as possible after the event. Our problems are further accentuated byfollow up rains and the problems continue. There needs to be a better understandingat the DPC level of how unsealed roads (gravel) behave during and following rainevents.5. Is committed to providing a safe and efficient transport network throughout the Shirethat allows all residents and visitors are able to move around the Shire in safety andwith ease. Flooding events and the lack of timely support severely impacts onCouncil’s ability to fulfil this commitment.6. Seeks the support of the Premier to improve the process for local governments toseek funding for natural disasters and abnormal rainfall and severe weather events.

6190/16 18-May-16 Merredin Road Information Bay

That Council:In consultation with any Tourism Group that may exist in Narembeen remove the RoadsideInformation Bay 5km out on the Merredin Road.

Discussion held. Removal not opposed. Removal imminent. Historical Society would like to re-use this structure for the proposed South Kumminin Tourist Stop.

CEO

6198/16 18-May-16 ADM028 Extraordinary election

That Council:1. Conducts an extraordinary election on Saturday 3 September 2016 to fill thevacancy resultant from the resignation of former Councillor Greg Vaughan;2. Allocates $1,500 in the 2016/2017 budget for election expenses (GL4113000).

Letter to WAEC sent. Close of roles is 15 July 2016. Notice of election in Fencepost 22 June 2016.

Ongoing EMCS

6200/16 18-May-16 ADM018 Synergy Dispute

That Council:1. Authorise the Chief Executive Officer to seek legal advice as to whether an amendedSynergy account totalling $93,512.42 for the Narembeen Aquatic Centre can bechallenged;2. Allocate an amount in the 2016/17 budget for the installation of solar panels to reducethe energy consumption costs for the Narembeen Aquatic Centre.

Civic Legal advice received. CL are of the view that Synergy has breaached Terms and Conditions. Letter sent by CL to Synergy 11 July 2016.

Ongoing EMCS

6201/16 18-May-16 P1223/Town Hall

Town Hall - proposed Kitchen

That Council:-1. Accept the approved grant of $5,000 from the Stronger Communities Grant Programfor the provision of a kitchen in the Narembeen Town Hall.2. Include in the 2016/17 budget an expenditure item of $19,855 to construct a kitchenin the Narembeen Town Hall.3. Seek approval from State Heritage Office to construct the kitchen.

Letter to SHO sent. Development Referral required for SHO assessment and approval.

Ongoing EMCS

6205/16 15-Jun-16 Road maintenance

Authorise the CEO to engage any means to ensure winter grading can commence including the employment of casual staff through LoGo Appointments.

Contract operator engaged. Ongoing CEO

6206/15 15-Jun-16 Wilson Road That Council authorise the allocation of $15,000 to Wilson Road for the immediate repairs. Works commenced Ongoing WM

13

Minute

No.


Allocation

6207/16 15-Jun-16 Road damage Council instruct staff to invoice the perpetrators of the damage on Cramphorne and Calzoni Roads Ongoing CEO/WM

6210/16 15-Jun-16 ADM545 Wheatbelt Freight Network

That Council nominate the following roads as the preferred collector roads for inclusion in the Roe sub-group submission to Main Roads Wheatbelt Freight Plan;Kondinin-Narembeen RdNarembeen-Merredin RdBruce Rock-Narembeen RdNarembeen to Hyden via Mt Walker RdNarembeen-Corrigin RdMoorine South RdCramphorne RdWogarl RdSouth Kummin East Rd

Meeting with Sub-Group 15 July 2016 to consider collector roads

Ongoing CEO

6211/16 15-Jun-16 ADM545 Road ratings That Council negotiate with Main Roads to rate all roads in the Shire as RAV4 (some withconditions as required) except for those roads already rated above RAV 4.

Ongoing CEO

6212/16 15-Jun-16 ADM500 Townsite Bypass

That Council acknowledge the letter received from M & D Lathlam and Council will contact thelandowner for further discussion.

Approval received - works underway

Complete CEO

6213/16 15-Jun-16 ADM103 Rec Centre playground

That Council;1. Confirm the location as resolved on 18 November 2015;2. Endorse the LotteryWest grant condition that a fence be constructed on theperimeter of the playground.

Planning to construct the playground commenced

Ongoing CEO

6217/16 15-Jun-16 ADM562 Bowling Club internet connection

That Council gives approval to the Narembeen Bowling Club to install compliant datacabling to the Bowling Club’s Captain’s Room or liaise with the Narembeen Club Inc toconnect to their IT server. Neither of these options is to commit the Shire of Narembeen toany costs associated with this approval.

Letter sent to bowling club. NFAComplete EMCS

6218/16 15-Jun-16 ADM028 Extraordinary Election

That Council confirm that the polling place for the extraordinary election on 3 September2016 will be held at the Shire of Narembeen offices, 1 Longhurst Street, Narembeen.

NFA Complete EMCS

6219/16 15-Jun-16 P1223/ADM557

Narembeen Civic Centre Interpretation Plan

That Council:1. Commit to the development and implementation of the Narembeen CivicPrecinct Interpretation Plan Final Draft as presented;2. Subject to funding from external sources, commit to implementing theInterpretation Plan by 31 December 2017;3. Submit this commitment to the State Heritage Office for their considerationand approval;4. Provide progress reports to the State Heritage Office every 6 months fromthis date or as required:5. Make provision in the 2016/17 Shire of Narembeen budget of $40,000 tocommence the implementation of the Interpretation Plan;6. Seek funding from all potential external sources for the Interpretation PlanImplementation;7. Endorse the indicative implementation costings.

Letter sent to SHO 22 June 2016. Interpretation Plan approved by State Heritage Office. Implementation planning commenced.

Ongoing EMCS

14

Minute

No.


Allocation

6223/16 15-Jun-16 ADM465 2016/17 Fees and Charges

That Council adopts the fees and charges 2016/2017, including the Community ResourceCentre Fees and Charges, as presented to be included in the 2016/2017 Annual Budgetsubject to the following changes:

- Bowling Club Annual Fees $6,000- Football Club Annual Fees $4,000- Tennis Club Annual Fees $3,000- Cricket Club Annual Fees $1,000- Hockey Club Annual Fees $1,500- Netball Club Annual Fees $1,500- Remove Basketball Annual Fees- Annual Domestic Rubbish Charges increased to $330 for one service and $363for each additional service.

Fees and charges advertised in Fencepost. Letter to be sent to sporting clubs

Ongoing EMCS

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AGENDA ITEM: 8.1.1 EHO Information Bulletin – JUNE 2016 period

Subject: EHO Information Bulletin Applicant: Shire of Narembeen File Ref: Nil Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Mr J Goldacre Environmental Health Officer Date: 20 July 2016 Attachments: Nil

SUMMARY

That Council accepts the Environmental Health Officers report for the period of June 2016

BACKGROUND

Each month the EHO will present to Council the activities, issues at hand, delegated authority and progress on matters undertaken by the Environmental Health Officer to inform Council.

COMMENT

Shire of Narembeen Animals, Nuisance and Environment Local Law 2016: The EHO has facilitated the progress towards the ‘Making’ of the Local Law which is to be tabled at the Ordinary Meeting of Council this month of July 2016.

Shire of Narembeen Health Local Law 2016: The EHO and the DCEO have progressed to ensure the Local law is signed and sealed and forwarded to the Executive Director of Public Health at the DoH for consenting to. Gazettal will follow next when the Local law is returned to the Shire.

Waste Water Recycling: The EHO and acting Works Manager met with representatives of the Water Corporation to undertake the three year audit of the waste water reuse infrastructure. Despite the hand over to staff regarding the operations of the chlorinator and reticulated water system there was evident some lack of knowledge on the day. In order to create a knowledgeable environment regarding the reuse system the CEO and acting Works Manager has engaged a person to map the comprehensive piping, motors and valves as well as hands on operational instructions which will be documented.

The Shire of Narembeen is required in August 2016 to submit a Recycled Water Quality Management Plan (Plan) to the DoH Water Unit. The Plan has been provided by the Dept of Health Water Unit as a template which is to be populated with information relevant to the system in place. As the Plan template has been created to a high bar level there will be issues when applied to the Narembeen reuse scheme. The EHO is working with persons interstate and reviewing the lead document called the National Guidelines for Water Recycling: Managing Health and Environmental Risks to navigate an equitable way forward to complete the required documentation.

Bendering landfill Inspections: The EHO continues to inspect regularly the Bendering landfill site for compliance. Concerns were recently raised by Avon Waste that recyclables are entering the landfill area instead of

8.0 Reports

8.1 Manager Environment Health/Building

16

being recycled. The new trench in use is performing well. The matter of the adjustment of 643m3 required to the tendered volumes by Venice Pty Ltd have been resolved and that portion has been reimbursed.

Asbestos in the Workplace: The EHO was invited to look at suspected asbestos material in the works depot office. The internal walls and ceilings have stickers on the wall yet Worksafe WA on their inspection requested that it be assessed again as was not on the register. Three samples have been extracted for testing.

Food Act 2008: Inspections have been carried out to ensure compliance with the ‘risk based’ legislation on safe food production and sale. Overall the compliance has been good with minor areas noted and attended to.

The EHO took 2 weeks annual leave during the period of June 2016.

CONSULTATION

Mr C Jackson CEO Mr G Gregan EMCS Mrs R Moore, Finance Officer Mr S Thomas, Building Supervisor Mr B Edwards, Acting Works Manager Ms A Herzer. Water Corporation.

STATUTORY IMPLICATIONS

Health Act 1911; Local Government Act 1995; Food Act 2008; Environmental Protection Act 1986; & Occupational Safety and Health Act 1984.

FINANCIAL IMPLICATIONS

Costs to Gazette Local Laws (as described in their respective Agendas). Cost of $195 for presumed asbestos sampling.

POLICY IMPLICATIONS

Nil.

STRATEGIC PLAN REFERENCE

Clause 9: Provide good strategic decision making, governance, leadership and professional management. Sub clause 9.3: Deliver services that meet the current and future needs and expectations of the community, whilst maintaining statutory compliance.

RELATED PARTY TRANSACTIONS

Nil.

OFFICER RECOMMENDATION

17

That Council accept the Environmental Health Officers report for the period of June 2016.

COUNCIL RESOLUTION


CARRIED /

18

AGENDA ITEM: 8.1.2 Making of the Shire of Narembeen Animals, Environment and Nuisance Local Law 2016

Subject: Local Law, making of. Applicant: Shire of Narembeen File Ref: ADM044 Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Mr J Goldacre Environmental Health Officer Date: 20 July 2016 Attachments: Shire of Narembeen Animals, Environment and

Nuisance Local Law 2016

SUMMARY With the conclusion of the advertising of the Shire of Narembeen Animals, Environment and Nuisance Local Law 2016 and correspondence sent responsible Hon. Ministers for comment the Council of Narembeen is now in the position to ‘Make’ the Local Law and to then undertake the required steps to progress Gazettal.

BACKGROUND At the Shire of Narembeen Ordinary Meeting of Council held in December 2015 it was resolved to prepare the Local Law (MIN 6102/15). Due to significant changes to the then proposed Local Law at the May 2016 Ordinary Meeting of Council it was resolved to restart the local law preparation process (MIN 6184/16). Advertising closed on the 15 July 2016.

COMMENT The Shire of Narembeen Animals, Environment and Nuisance Local Law 2016 (Local Law) as presented in ATTACHMENT 1 has been in the advertising phase since December 2016. The most recent advertising started in late May 2016 and concluded on the 15 July 2016. To date, inclusive of the first round of advertising from December 2015 to the 4 March 2016, submissions have been provided to the Chief Executive Officer by the Dept of Local Government and Communities (DLGC) and the Dept of Health (DoH); no public comments were received by the Chief Executive Officer.

Many of the recommendations from the DLGC and the DoH were integrated into the readvertised Local Law therefore do not require tabling. The changes so recommended in the previous version of the Local Law were for formatting, further definitions, typographical errors and suggestions in line with current best practices for such local laws.

Council is now to ruminate to ‘Make’ the Local Law pursuant to Section 3.12, subsection 4 of the Local Government Act 1995. By ‘Making’ the Local Law as presented to Council then authorisation is required to be given to the Shire President and Chief Executive Officer for their signatures and the affixing of the Shire Seal onto the ‘Made’ Local Law. When the Local Law is signed and sealed one original is sent to the Executive Director of Public Health for consent along with two copies. When the consented Local Laws are returned to the Shire of Narembeen the next step is to have the Local Law Gazetted by State Law Publishers. When Gazetted the Local Law is presented to the Hon. Minister for Local Government; Community Services; Seniors; Volunteering & Youth Mr T Simpson and the Executive Director of Public Health Mr Tarun Weeramanthri. A statewide public notice of title and summary of purpose and effect of Gazetted Local Law is required by publishing a notice in the Western Australian newspaper. The Joint Standing Committee on Delegated Legislation of the WA Parliament (JSCDL) is to be provided with an ‘Explanatory Memorandum’ as well as ten copies as Gazetted within ten days of Gazettal.

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Provided the Local Law gets through the JSCDL review the Shire of Narembeen will finally have clear and present Local Law to deal effectively and in the first instance locally on matters pertaining to animals, environment and nuisances.

CONSULTATION

Mr C Jackson, CEO; Mr G Gregan, EMCS; Ms G Cornejo, Senior Legislation Officer DLGC; Mr D Howell, Scientific Officer Health Local Laws DoH; Mrs L Pitman EHO RoeHEALTH


Health Act 1911; &

Local Government Act 1995


29 pages with an estimated price of $101.45 per page is $2,942.05c for a Special Gazette. State Law Publishers have advised they can scale down the text formatting and anticipate the cost for Gazettal can be less than the figure quoted. Also to be budgeted is the cost to advertise a Notice in the Western Australian newspaper to announce the Making of the Local Law, its purpose and effect which is around $500.

POLICY IMPLICATIONS

Nil.


Clause 9: Provide good strategic decision making, governance, leadership and professional management. Sub clause 9.3: Deliver services that meet the current and future needs and expectations of the community, whilst maintaining statutory compliance.


MIN 6102/15 and MIN 6184/16

OFFICER RECOMMENDATION (absolute majority required)

That Council resolves to:

1. ‘Make’ the Shire of Narembeen Animals, Environment and Nuisance Local Law 2016as presented to Council in ATTACHMENT 1;

2. Authorise the affixing the Shire of Narembeen Seal to the Shire of NarembeenAnimals, Environment and Nuisance Local Law 2016 to be done in the presence ofthe Shire President and the Chief Executive Officer who are so authorised to sign;and

3. Authorise the Chief Executive Officer to carry out the process of Gazettal of the Shireof Narembeen Animals, Environment and Nuisance Local Law 2016 and to completethe required administrative functions to enable the Shire of Narembeen Animals,Environment and Nuisance Local Law 2016 to be a functioning statutory piece oflegislation within the district of Narembeen.

20

COUNCIL RESOLUTION


CARRIED / ABSOLUTE MAJORITY

21

SHIRE OF NAREMBEEN

ANIMALS, ENVIRONMENT AND NUISANCE

LOCAL LAW 2016

22

Shire of Narembeen

Animals, Environment and Nuisance Local Law 2016

CONTENTS

1.1 Citation

1.2 Commencement

1.3 Application

1.4 Interpretation

Part 1 — Preliminary

Part 2 — Keeping of animals

Division 1 — Animals

2.1 Interpretation

2.2 Cleanliness

2.3 Animal enclosures

2.4 Cats

Division 2 — Keeping of birds

2.5 Keeping of poultry and pigeons in a residential zone, residential development zone, rural

townsite zone and town center zone

2.6 Conditions for keeping of poultry

2.7 Roosters, geese, turkeys and peafowl

2.8 Conditions for keeping of pigeons

2.9 Restrictions on pigeon nesting and perching

2.10 Conditions of keeping aviary birds

2.11 Nuisance caused by birds

Division 3 — Keeping of bees

2.12 Permit required to keep bees

2.13 Application for a permit

2.14 Determination of application

2.15 Conditions of approval

2.16 Variation or cancellation of permit and conditions

2.17 Permit holder to notify cessation of registration or keeping of bees

2.18 Permit not transferable

2.19 Nuisance

2.20 Notice to remove bees

Division 4 — Keeping of farm animals

2.21 Permit required to keep farm animals

2.22 Application for a permit to keep farm animals

2.23 Determination of application to keep farm animals

2.24 Conditions of approval to keep farm animals

2.25 Variation or cancellation of permit to keep farm animals and conditions of permit

2.26 Conditions for keeping farm animals

2.27 Keeping a miniature horse

2.28 Keeping a miniature pig

2.29 Requirements for farm animal shelters

Division 5 — Livestock

2.30 Livestock not to stray

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2.31 Property to be fenced

Part 3 — Building, development and land care

Division 1 — Litter and refuse on building sites

3.1 Provision of refuse receptacles

3.2 Control of refuse

3.3 Unauthorised storage of materials

Division 2 — Prevention of dust and liquid waste

3.4 Prohibited activities

3.5 Dust management

Division 3 — Unsightly land and disused materials

3.6 Removal of refuse and disused materials

3.7 Removal of unsightly overgrowth of vegetation

3.8 Storage of vehicles, vessels and machinery

3.9 Disposing of disused refrigerators or similar containers

Division 4 — Hazardous materials

3.10 Hazardous trees

Part 4 — Nuisances and dangerous things

Division 1 — Light

4.1 Use of exterior lights

4.2 Emission or reflection of light

4.3 Notice may require specified action to prevent emission or reflection of light

Division 2 — Smoke, fumes, odours and other emissions

4.4 Burning rubbish, refuse or other material

4.5 Escape of smoke, fumes, odours and other emissions

Division 3 — Trucks

4.6 Livestock vehicles

4.7 Truck noise from residential land

Division 4 — Swimming pool backwash management

4.8 Disposal of swimming pool backwash

Division 5 — Stormwater management

4.9 Containment of stormwater

Division 6 — Amusement activities

4.10 Nuisance

4.11 Abatement by authorised person

Division 7 — Advertising, bill posting and junk mail

4.12 Placement of advertisement, bill posting or junk mail

4.13 Exemptions

Division 8 — Bird nuisance

4.14 Restrictions on feeding of birds

Part 5 — Objections and appeals

5.1 Objections and appeals

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Shire of Narembeen Animals, Environment and Nuisance Local Law 2016 Edits 7-4-2016 iii

Part 6 — Enforcement

Division 1 — Notice of breach

6.1 Notice of breach

6.2 Form of notices

6.3 When local government may undertake work required by notice

Division 2 — Offences and penalties

Subdivision 1 — General

6.4 Offences and penalties

Subdivision 2 — Infringement notices and modified penalties

6.5 Prescribed offences

6.6 Form of infringement notices

Schedule 1 — Prescribed offences

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HEALTH ACT 1911

LOCAL GOVERNMENT ACT 1995

SHIRE OF NAREMBEEN

ANIMALS, ENVIRONMENT AND NUISANCE LOCAL LAW 2016

Under the powers conferred by section 342 of the Health Act 1911 and subdivisions 1 and 2 of

Division 2 of Part 3 of the Local Government Act 1995 and under all other powers enabling it,

the Council of the Shire of Narembeen resolved on the [insert date] to make the following

local law.

Part 1 — Preliminary

1.1 Citation

This local law may be cited as the Shire of Narembeen Animals, Environment and

Nuisance Local Law 2016.

1.2 Commencement

This local law comes into operation 14 days after the date of its publication in the

Government Gazette.

1.3 Application

This local law applies throughout the district.

1.4 Interpretation

(1) In this local law, unless the context specifies otherwise —

Act means the Local Government Act 1995;

affiliated person means a person who is a member of a poultry or pigeon club

incorporated under the Associations Incorporation Act 1987;

amusement means anything usually conducted for amusement at a fair, a carnival or a

show, whether conducted at a fair, a carnival or a show or elsewhere;

approved animal means any farm animal which is the subject of a permit;

authorised person means a person appointed by the local government, under section

9.10 of the Act to perform all or any of the functions conferred on an authorised

person under this local law;

aviary bird means any bird, other than poultry or pigeons, kept, or usually kept in an

aviary or cage;

beekeeper has the meaning given to it in Regulation 3 of the Biosecurity and

Agriculture Management Regulations 2013;

birds includes poultry;

builder means the holder of a building permit issued in respect of building works on a

building site or a person in control of a building site;

Building Code means the latest edition of the Building Code of Australia published

26

by, or on behalf of, the Australian Building Codes Board, as amended from time to

time, but not including explanatory information published with the Building Code;

building permit has the meaning given to it by the Building Act 2011;

building site means any lot for which a building permit is current;

cattery means a place where more than 3 cats are kept for the purposes of boarding or

more than 6 cats are kept for the purpose of breeding;

Class 6 building means any Class 6 building as defined by the Building Code;

Class 9 building means any Class 9 building as defined by the Building Code;

Code of Practice – Pigeon Keeping means the document entitled Code of Practice for

Pigeon Keeping and Racing in Western Australia, published by the Department of

Local Government and Regional Development, Western Australia in March 2003;

cow includes an ox, calf or bull;

development has the meaning given to it in the Planning and Development Act 2005;

development approval means a development approval under a local planning scheme;

development site includes any lot or lots for which there is currently a development or

subdivision approval, and any lot or lots upon which construction work, earthworks,

clearing of scrub, trees or overgrowth or any other site works are taking or have taken

place;

district means the district of the local government;

disused means, in relation to any thing whatsoever, that the thing:

(a) is not in use for the purpose for which it was designed or appears to have been

designed or intended; or

(b) has been stored or left stationary on land in the district for more than 1 month;

dust means any visible granular or particulate material which has or has the potential

to become airborne and includes organic and non-organic matter and sand, but does

not include smoke;

EHO means an Environmental Health Officer appointed by the local government

under the Health Act 1911 and includes any acting or Assistant Environmental

Health Officer;

equipment means equipment, machinery or vehicles used for, or in connection with,

the development of land;

farm animal includes a sheep, cow, goat, horse (excluding a miniature horse), deer,

alpaca, pig (excluding a miniature pig);

farming zone means any area zoned “Farming” under a local planning

scheme;

food has the meaning given in section 9 of the Food Act 2008;

food business has the meaning given under section 10 of the Food Act 2008;

food premises means any premises which is used to prepare food or to conduct a

food business;

horse means a stallion, mare, gelding, shetland pony, pony, colt or foal, and includes

27

an ass, mule, donkey and any beast of whatever description used for burden or draught

or for carrying persons;

industrial zone means any area zoned “Industrial” under a local planning scheme;

land includes any building or structure on the land;

laneway means a public road designed to provide access to the side or rear of lots;

liquid waste means waste from any process or activity that is in liquid form and

includes paint, fuel, grease, fat, oil, degreaser solvent, detergent, chemical, animal

waste, food waste, effluent and all discharges of liquid to land, air or water that are not

otherwise authorised by a written law but does not include uncontaminated

stormwater;

livestock means any horse, cow, sheep, goat, swine, buffalo, deer, camel, llama or

alpaca;

livestock vehicle means a vehicle that contains livestock or previously has been used

for the carriage of livestock;

local government means the Shire of Narembeen;

local planning scheme means the Shire of Narembeen Town Planning Scheme

adopted by the local government from time to time and has approval so granted by the

Minister for Planning and as defined pursuant to section 4, part 1 of the Planning and

Development Act 2005;

lot has the meaning given to it by the Planning and Development Act 2005;

manure receptacle means a receptacle of sufficient capacity to receive all manure

produced in 1 week on premises upon which a farm animal or farm animals are kept,

constructed of smooth, durable, impervious materials, fitted with a fly proof, hinged

cover and with no part of the floor lower than the adjoining ground;

miniature horse means a horse which meets the standard and height for a miniature

horse as described by the Miniature Horse Association of Australia Inc.;

miniature pig means a pig that does not exceed 650 millimetres in height as an adult

and weighs less than 55 kilograms;

nuisance means —

(a) an activity or condition which is harmful or annoying and which gives rise to

legal liability in the tort of public or private nuisance at law;

(b) an unreasonable interference with the use and enjoyment of a person of his or

her ownership or occupation of land; or

(c) interference which causes material damage to land or other property on the

land affected by the interference;

occupier means any person who is in control of any land or part of any land or

authorised by the owner, lessee, licensee or any other person empowered to exercise

control in relation to land to perform any work in relation to any land and includes a

builder or contractor;

owner has the meaning defined under Section 1.4 of the Act;

permit means a permit issued under this local law;

permit holder means a person who holds a valid permit;

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pet shop means a retail outlet that sells domestic or tame animals and birds;

pigeon includes homing pigeons and other domesticated breeds of the species

Columba livia, but does not include native pigeons or doves whether or not the

keeping of such birds is subject to the approval of the Department of Parks and

Wildlife;

poultry includes fowls, roosters, ducks, peafowls, turkeys, geese, guinea fowls,

pheasants and other birds commonly kept for the production of eggs or meat for

domestic consumption;

refuse means any waste material including bricks, lime, cement, concrete,

rubble, stones, iron, timber, tiles, bags, plastics, ashes, vegetation, timber, wood

or metal shavings, sawdust, and waste food, and includes any broken, used,

derelict or discarded matter;

Regulations means the Local Government (Functions and General) Regulations 1996;

residential development zone includes any area zoned “Residential Development”

under a local planning scheme;

residential dwelling has the meaning given to it in the Residential Design Codes of

Western Australia as amended;

rural enterprise zone includes any area zoned “Rural Enterprise” under a local

planning scheme;

rural townsite zone includes any area zoned “Rural Townsite” under a local planning

scheme;

farming zone means any area zoned “Farming” under a local planning

scheme;

sand means granules or particles of rock, earth, clay, loam, silt and any other

granular, particulate or like material including dust and gravel;

Schedule means a schedule to this local law;

stormwater means any naturally occurring water that results from rainfall on or

around a site, or water flowing onto the site;

street means any highway or thoroughfare which the public is entitled to use,

including the verge and other things including bridges and culverts appurtenant to

it;

subdivision approval means a subdivision approval under the Planning and

Development Act 2005;

thoroughfare means a road or other thoroughfare and includes structures or other

things appurtenant to the thoroughfare that are within its limits, and nothing is

prevented from being a thoroughfare only because it is not open at each end;

town centre zone means any area zoned “Town Centre” under a local planning

scheme;

townsite includes the townsites of Narembeen which are —

(a) constituted under section 26(2) of the Land Administration Act 1997; or

(b) referred to in clause 37 of Schedule 9.3 of the Act;

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truck means a motor vehicle having a tare weight in excess of 3,000 kilograms;

unreasonable noise has the meaning given to it by the Environmental Protection Act

1986;

vector of disease means an organism which has the ability to transmit pathogens

or parasites from one infected person or animal to another person or animal

vermin includes rats, mice, flies, fleas, mites, lice, cockroaches and any other

animal, whether vertebrate or invertebrate, which is known to be a vector of disease

or likely to cause damage to human food, habitation or possessions.

(2) Any other expression used in this local law and not defined herein shall have the

meaning given to it in the Act.

(3) Where, in this local law, a duty, obligation or liability is imposed on an “owner or

occupier” the duty shall be deemed to be imposed jointly and severally on each

owner and occupier.

(4) Where, under this local law, the local government is authorised to carry out actions, or

cause to be undertaken works, as a consequence of the failure of any person to comply

with the terms of a notice or other conduct, the right to enter land is at all times

subject to the provisions of Part 3, Division 3, subdivision 3 of the Act.

Part 2 — Keeping of animals

Division 1 — Animals

2.1 Interpretation

In this Division, unless the context otherwise requires —

animal includes cats, dogs, rabbits, ferrets and guinea pigs; and

member of a cat organisation means a person referred to in the Cat Regulations

2012 regulation 23(c);

2.2 Cleanliness

An owner or occupier of premises in or on which a dog, cat or other animal is kept

shall —

(a) keep the premises free from excrement, filth, food waste and all other matter

which is or is likely to become offensive or injurious to health, or is likely

to attract rats or other vectors of disease;

(b) when so directed by an EHO, clean and disinfect the premises; and

(c) keep the premises, so far as possible, free from flies or other vectors of

disease, by spraying with a residual insecticide or other effective means.

2.3 Animal enclosures

(1) A person shall not keep or cause, or authorise to be kept, any animals on premises

which are not effectively drained or of which the drainage flows to the walls or

foundations of any building.

(2) The owner or occupier of premises where animals are kept shall, when directed by an

EHO, pave, grade and drain the floors of all structures and the surface of the ground of

all enclosures used for the keeping of animals.

2.4 Cats

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(1) Subject to subclauses (6) and (7), a person shall not, without an exemption in writing

from the local government, keep more than 3 cats over the age of 6 months on

premises on any land within the district.

(2) An owner or occupier of premises may apply in writing to the local government for

exemption from the requirements of subclause (1).

(3) The local government shall not grant an exemption under subclause (2) unless it is

satisfied that the number of cats to be kept will not be a nuisance or injurious or

dangerous to health.

(4) An exemption granted under this clause shall specify —

(a) the owner or occupier to whom the exemption applies;

(b) the premises to which the exemption applies; and

(c) the maximum number of cats which may be kept on the premises.

(5) A person who is granted an exemption under subclause (3) may be required by the

local government to house, or keep cats in such manner as directed by an EHO.

(6) A person may keep more than 3 cats on premises used for veterinary purposes or as a

pet shop, or if the person is a member of a cat organisation a maximum of 9 cats can

be kept.

(7) The occupier of any premises shall not keep a cattery on those premises, unless the

cattery is registered with the local government and the occupier has complied with

the following conditions —

(a) the occupier shall obtain approval from the local government to establish a

cattery;

(b) upon receiving approval to establish a cattery, the occupier shall apply

for registration of the cattery in the form approved by the local

government;

(c) the occupier shall have paid, to the local government, the annual registration

fee as determined from time to time by the local government under section

6.16 to 6.19 of the Act;

(d) the occupier shall provide, for every cat, a properly constructed shelter with an

enclosure, which shall comply with the following conditions —

(i) every shelter shall have a floor area of not less than 0.50 square metres

for every cat over the age of 3 months old that may be kept therein;

and

(ii) the area of the enclosure appurtenant to any shelter or group of shelters

forming a cattery shall not be less than 3 times the area of the shelter

or group of shelters to which it is appurtenant;

(e) every shelter or enclosure shall be at least 10 metres from the boundary of anyland not in the same ownership or possession, or at least 10 metres from any

dwelling, church, schoolroom, hall, factory, dairy or premises wherein food is

manufactured, packed or prepared for human consumption; and

(f) all enclosures, yards, runs and shelters within which cats are kept shall be

maintained at all times in a clean condition and free from vectors of

disease

and shall at any time be cleaned, disinfected or otherwise dealt with as an EHO

may direct.

(8) A certificate of registration of a cattery issued by the local government shall —

(a) be in the form approved by local government; and

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(b) expire on 30 June next after the date of its issue.

Division 2 — Keeping of birds

2.5 Keeping of poultry and pigeons in a residential zone, residential development

zone, rural townsite zone and town center zone

(1) An owner or occupier of premises in a residential zone, residential development

zone, rural townsite zone and town center zone shall not keep or permit to be kept on

the premises —

(a) more than 12 poultry; and

(b) more than 12 pigeons unless the owner or occupier is an affiliated person

in which case the maximum number of pigeons may be increased to 100.

2.6 Conditions for keeping of poultry

(1) An owner or occupier of a premises who keeps poultry or permits poultry to be kept

shall ensure that –

(a) no poultry shall be kept less than 9 metres from any residential dwelling;

(b) no poultry is able to approach within 15 metres of a street other than a

laneway unless, in the case of land at the junction of two or more streets, local

government has approved a lesser distance;

(c) all poultry is kept in a properly constructed and securely fastened structure;

(d) the structure has an impervious floor laid with a fall to the front of at least 1 in

50;

(e) all structures or enclosures within which poultry are kept are maintained at all

times in a clean condition; and

(f) all poultry is kept continually confined.

(2) An owner or occupier of a premises who keeps poultry or permits poultry to be kept

may apply in writing to the local government to vary the requirements of subclause

1(a), (b), (d) and (f).

2.7 Roosters, geese, turkeys and peafowl

Except on land in a farming zone and a rural enterprise zone, or with the prior written

permission of the local government, an owner or occupier of premises shall not keep

any of the following —

(a) roosters;

(b) geese;

(c) turkeys; or

(d) peafowls.

2.8 Conditions for keeping of pigeons

(1) An owner or occupier of a premises who keeps pigeons, or permits pigeons to

be kept, shall ensure that —

(a) all pigeons are kept in a properly constructed pigeon loft, except where

registered homing pigeons are freed for exercise;

(b) all structures or enclosures within which pigeons are kept are maintained at all

times in a clean condition;

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(c) no opening to a pigeon loft, including openings for ventilation, is within 9

metres of any residential dwelling; and

(d) no opening to a pigeon loft, including openings for ventilation, is within 15

metres of a public street, public building, commercial premises or food

premises.

(2) An owner or occupier of a premises who keeps pigeons, or permits pigeons to be

kept, may apply in writing to the local government to vary the requirements of

subclause 1(c) and (d).

( 3 ) An affiliated person who keeps pigeons, or permits pigeons to be kept, shall do so in

accordance with the Code of Practice – Pigeon Keeping, subject to the provisions of

this local law.

2.9 Restrictions on pigeon nesting and perching

The local government may order an owner or occupier of a residential dwelling

on or in which pigeons are, or are in the habit of nesting or perching, to take

reasonable steps to prevent them from continuing to do so.

2.10 Conditions of keeping aviary birds

A person who keeps, or permits to be kept, aviary birds shall ensure that —

(a) the aviary or cage in which the birds are kept is located at least 1 metre from

any lot boundary and at least 5 metres from a residential dwelling on any other

lot;

(b) there is a floor beneath the roofed area of the aviary or cage which is

constructed of smooth, impervious material with a gradient of at least 1 in 50

to the front of the aviary or cage;

(c) the aviary or cage is kept in clean condition and good repair at all times;

(d) all feed for the birds other than that intended for immediate consumption is

stored in vermin proof containers; and

(e) effective measures are taken to prevent the attraction or harbourage of vermin.

2.11 Nuisance caused by birds

An owner or occupier of land shall not keep any bird or birds which are or create a

nuisance.

Division 3 — Keeping of bees

2.12 Permit required to keep bees

(1) Subject to the provisions of this clause, a person shall not keep bees or allow bees to

be kept on land except in accordance with a valid permit issued in relation to the land.

(2) Subclause (1) does not apply where—

(a) the land is outside the townsite; and

(b) the bees are kept—

(i) at least 500 metres from a thoroughfare; or

(ii) less than 500 metres from a thoroughfare but the vegetation or a screen

or other barrier on the land is such as to encourage the bees to fly at a

height over the thoroughfare as will not create a nuisance to users of the

thoroughfare.

(3) Subclause (1) does not apply where an occupier of land keeps bees on the land—

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(a) for a continuous period not exceeding 8 weeks; and

(b) for the purpose of pollinating a crop on the land.

(4) An occupier referred to in subclause (3), in keeping bees under that subclause, shall

provide a good and sufficient water supply on the land which is readily accessible by

the bees.

(5) Subclause (1) does not apply where a person keeps bees on Crown land.

2.13 Application for a permit

An applicant for a permit shall—

(a) be a person registered as a beekeeper under Regulation 13(7) of the Biosecurity

and Agriculture Management (Identification and Movement of Stock and

Apiaries) Regulations 2013;

(b) provide such details as may be required by the local government;

(c) apply in the form approved by the local government; and

(d) pay any application fee imposed and determined by the local government

under sections 6.16 to 6.19 of the Act.

2.14 Determination of application

(1) The local government may—

(a) refuse to determine an application for a permit which does not comply with

clause 2.13;

(b) approve an application for a permit subject to the conditions referred to in

clause 2.12 and to such other conditions as it considers appropriate; or

(c) refuse to approve an application for a permit.

(2) Where an application for a permit is approved subject to conditions, the permit holder

is to comply with those conditions or is to cause those conditions to be complied with.

(3) Where the local government approves an application under subclause (1)(b), it is to

issue to the applicant a permit in the form approved by the local government.

(4) A permit is valid from the date of issue unless, and until, it is cancelled under this

local law.

2.15 Conditions of approval

(1) Without limiting the generality of clause 2.14(1)(b) an application for a permit

may be approved by the local government subject to the following conditions—

(a) the provision of a good and sufficient water supply on the land which is

readily accessible by the bees on the land;

(b) each bee hive shall be—

(i) kept at a distance specified by the local government from any

thoroughfare, public place or boundary of the land; or

(ii) located near a screen or other barrier so as to prevent the bees flying low

over a thoroughfare, public place or adjoining land;

(iii) no more than 2 bee hives are to be kept on land of less than 2,000 square

metres in area; and

(iv) no more than 15 bee hives are to be kept on land between 2,000 square

metres and 20,000 square metres in area.

(2) In respect of a particular application for a permit, the local government may vary any

of the conditions referred to in subclause (1).

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2.16 Variation or cancellation of permit and conditions

(1) The local government may vary the conditions of a permit after it has been issued.

(2) The local government may cancel a permit on the request of a permit holder to do so.

(3) Notwithstanding clause 2.20, a permit shall be cancelled on—

(a) the permit holder ceasing to be registered as a beekeeper under regulation 13(7)

of the Biosecurity and Agriculture Management (Identification and Movement of

Stock and Apiaries) Regulations 2013; or

(b) the expiration of a continuous period of 12 months during which the permit

holder has not kept any bees on the land to which the permit relates, without

any action required on the part of the local government.

2.17 Permit holder to notify cessation of registration or keeping of bees

(1) In this clause a permit holder includes the holder of a permit cancelled by subclause

2.16(3).

(2) A permit holder is to notify the local government in writing as soon as practicable

after—

(a) the permit holder ceases to be registered as a beekeeper under regulation 13(7)

of the Biosecurity and Agriculture Management (Identification and Movement of


(b) a continuous period of 12 months has passed during which the permit

holder has not kept any bees on the land described in her or his permit.

(3) A permit holder shall, within 7 days of the local government giving the permit holder

a written notice to do so, provide to the local government—

(a) written proof of her or his registration as a beekeeper under regulation 13(7) of

the Biosecurity and Agriculture Management (Identification and Movement of


(b) in respect of land identified by the local government in its notice, a signed

statement as to whether or not he or she has kept bees on the land within the

12 months preceding the date of the notice; or

(c) both.

2.18 Permit not transferable

A permit is personal to the permit holder, is not transferable and applies only to the

land described in the permit.

2.19 Nuisance

A person shall not keep, or allow to be kept, bees or beehives, or both, on land so as

to create a nuisance.

2.20 Notice to remove bees

(1) Whenever, in the opinion of the local government, a person has contravened any

provision of the Biosecurity and Agriculture Management (Identification and

Movement of Stock and Apiaries) Regulations 2013 or of this local law which relates

to the keeping of bees or bee hives, the local government may give the permit holder,

in relation to that land, or if there is no valid permit in relation to that land, an owner

or occupier of the land, a written notice requiring her or him to remove any bees or

bee hives, or both, from the land within the time specified in the notice.

(2) Subject to Division 1 of Part 9 of the Act, on the giving of a notice referred to in

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subclause (1), any valid permit given by the local government relating to the

keeping of bees or bee hives on that land is cancelled from the time specified in the

notice, being not less than 7 days from the date it is given.

(3) Where a person fails to comply with a notice given under subclause (1), the local

government may dispose of the bees or the bee hives or both, in such manner as it

sees fit and recover the costs of so doing from the permit holder, or an owner or

occupier, as the case may be, as a debt due to it.

Division 4 — Keeping of farm animals

2.21 Permit required to keep farm animals

Subject to clause 2.26, an owner or occupier of land shall not keep, or allow to

be kept, any farm animal unless —

(a) in accordance with a valid permit authorising the keeping of such a

farm animal issued in relation to the land pursuant to clause 2.24; or

(b) in a farming zone and rural enterprise zone and in accordance with the

provisions of any local planning scheme applicable to that zone.

2.22 Application for a permit to keep farm animals

An application for a permit required by clause 2.21 shall be in the form approved

by the local government and shall include the following information —

(a) a plan of the property, at a scale not less than 1:200, with dimensions clearly

marked, showing where it is proposed that the animal is to be kept and the

distance of that location from any residential dwelling on another lot, Class

6 building or Class 9 building, business premises or food premises;

(b) a sketch plan, at a scale of 1:100, indicating the nature of the shelter or

housing to be provided for the animal;

(c) a detailed written plan for the management of manure which addresses —

(i) control of vermin;

(ii) disease prevention; and

(iii) prevention of nuisance odours; and

(d) the appropriate application and permit fees as determined from time to time by

the local government in accordance with sections 6.16 to 6.19 of the Act.

2.23 Determination of application to keep farm animals

(1) Subject to clause 2.24, the local government may —

(a) refuse to determine an application for a permit which does not comply

with clause 2.22;

(b) approve an application for a permit subject to such conditions as it

considers appropriate; or

(c) refuse to approve an application for a

permit.

(2) Where an application for a permit is approved subject to conditions, the permit holder

shall comply with those conditions or cause compliance with those conditions.

(3) Where the local government approves an application under clause (1)(b), it is to

issue to the applicant a permit in the form approved by the local government.

(4) A permit is valid from the date of issue until 30 June the following year, unless it is

cancelled prior to that date under this local law.

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2.24 Conditions of approval to keep farm animals

(1) A permit shall not be granted pursuant to clause 2.23 —

(a) unless the land for which the approval is sought is of such dimensions and

configuration as will permit the subject animal to be confined in a

minimum cleared area of 150 square metres and prevented from reaching

within 15 metres of any residential dwelling, Class 6 building or Class 9

building, business premises or food premises;

(b) in the case of a horse (other than a miniature horse) or cow, unless the land for

which the approval is sought has a minimum area of 1 hectare;

(c) for the keeping of any pig (other than a miniature pig).

(2) The local government shall take into account the opinions of occupiers of adjoining

properties in determining whether to grant approval for the keeping of a farm animal.

(3) Approval to keep a farm animal may be issued subject to conditions, including —

(a) that a stable or shelter is provided for housing the approved animal;

(b) that a manure receptacle is provided in a position convenient to the shelter or

place where the approved animal is kept, and that the receptacle is used for the

receipt of all manure produced on the premises; or

(c) any other conditions that the local government considers necessary for the

protection of the health and amenity of the neighbourhood;

and such conditions may be imposed at any time subsequent to the initial approval.

2.25 Variation or cancellation of permit to keep farm animals and conditions of

permit

(1) The local government may vary the conditions of a permit after it has been issued, and

shall give notice of such variation to the permit holder.

(2) The local government may cancel a permit in the event the permit holder —

(a) fails to comply with any condition set under clause 2.23(1)(b);

(b) after being notified of a variation under subclause (1) fails to comply with the

varied condition;

(c) breaches clause 2.27 or clause 2.29 of this local law; or

(d) fails to comply with a notice of breach issued under clause 6.1.

(3) The local government may cancel a permit in the event the permit holder—

(a) fails to comply with any condition of the permit;

(b) breaches clause 2.26 or clause 2.27 of this local law; or

(c) fails to comply with a notice of breach issued under clause 6.1.

2.26 Conditions for keeping farm animals

(1) An owner or occupier of premises upon which a farm animal or farm animals are kept,

shall —

(a) maintain the place or places where the animals are kept in clean condition;

(b) ensure that no farm animal or farm animals kept on the premises cause or

constitute a nuisance;

(c) maintain the premises free from flies or other vermin by the use of residual

insecticide or other effective means;

(d) if a manure receptacle is required to be used —

(i) cause all manure produced on the premises to be collected daily and

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placed in the receptacle; (ii) cause the receptacle to be emptied as often as is necessary to prevent it

becoming offensive or a breeding place for flies or other vermin, but in

any case at least once a week; and

(iii) keep the lid of the receptacle closed except when manure is being

deposited or removed; and

(e) not permit any farm animal to approach within 9 metres of any residential

dwelling, food premises, Class 6 building or a Class 9 building, or a

business or commercial premises.

(2) An owner or occupier of premises in a farming zone and rural enterprise zone shall

not keep more than 1 pig other than on premises registered as a piggery pursuant to

the provisions of the Health Act 1911, except with the express written approval of the

local government.

(3) An owner of occupier of premises upon which a farm animal or farm animals are kept,may apply in writing to the local government to vary the requirements of 2.26(1)(e).

2.27 Keeping a miniature horse

(1) An owner or occupier of a premises may keep only a sterilised miniature horse on land

of not less than 1,000 square metres in area provided it is registered with the local

government and the annual registration fee approved from time to time by the local

government in accordance with sections 6.16 to 6.19 of the Act is paid.

(2) An owner or occupier of premises shall not keep more than 1 miniature horse within a

townsite without the written approval of the local government.

(3) The local government may prohibit the keeping of a miniature horse on any land or

may state the conditions under which a miniature horse may be kept.

2.28 Keeping a miniature pig

(1) Except for a miniature pig, and subject to subclause (2) no person shall keep a pig or

pigs, in a townsite.

(2) Except for premises registered by the local government as an abattoir or a piggery

under the provisions of section 191 of the Health Act 1911, and except in the case of a

miniature pig, the keeping of pigs is forbidden.

(3) The local government may prohibit the keeping of a miniature pig on any land, or

state the conditions under which the miniature pig may be kept.

(4) A person may keep 1 miniature pig in a townsite, provided it is registered with the

local government and the annual registration fee approved from time to time by the

local government in accordance with sections 6.16 to 6.19 of the Act is paid.

(5) An owner or occupier of premises where a miniature pig is kept shall —

(a) only keep a sterilised animal and retain written proof of its sterilisation;

(b) confine the animal on the property at all times;

(c) ensure the animal does not cause a nuisance to any neighbour regarding

noise, dust, or odour; and

(d) maintain documentary evidence that the animal’s veterinary treatment against

roundworm and tapeworm is current.

2.29 Requirements for farm animal shelters

(1) Any stable, enclosure or shelter provided for the keeping of farm animals, whether or

not a permit is required for the keeping of such farm animals pursuant to clause 2.21,

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shall —

(a) not be situated within 9 metres of any residential dwelling, Class 6 building or

Class 9 building, business premises or food premises;

(b) not be situated within 1 metre of any lot boundary;

(c) be constructed of materials approved by the local government;

(d) have on each side of the building between the wall and roof a clear opening of

at least 150 millimetres in height, and of sufficient length, to provide adequate

ventilation to the stable, enclosure or shelter;

(e) when required by the local government have a separate stall for each horse,

cow or other approved animal, the shortest dimension of which shall be at least

twice the length of the animal housed therein; and

(f) subject to subclause (2), have a floor, the upper surface of which shall —

(i) be raised at least 75 millimetres above the surface of the surrounding

ground;

(ii) be constructed of cement, concrete or other similar impervious material;

and

(iii) have a fall of 1 in 100 to a drain which shall empty into a trapped gully

situated outside the stable or shelter.

(2) An owner or occupier of any land upon which a stable or shelter is located may

apply in writing to the local government to vary the requirements of subclause

(1)(a), (d) and (f).

(3) A stable or shelter constructed with a sand floor may be approved by the local

government subject to—

(a) the site being well drained, with the sand floor being at least 1.5 metres above

the highest known ground water level;

(b) a 300 millimetre thick bed of crushed limestone or aggregate being laid

under the sand of the stable;

(c) the sand, whether natural or imported, being clean, coarse and free from dust;

(d) footings to the stable or shelter being a minimum of 450 millimetres below

ground level; and

(e) the design of the stable allowing for the access of small earthmoving

machinery, such as a skid steer loader, into each stall to maintain the correct

floor height.

Division 5 — Livestock

2.30 Livestock not to stray

The owner or person in charge of livestock shall not allow livestock to stray or to be at

large in a street, public place or upon private property without the consent of the

property owner.

2.31 Property to be fenced

(1) The owner or occupier of property on which livestock is kept, shall cause the property

or a portion of the property to be fenced in a manner capable of confining the

livestock, to that portion where the livestock is kept.

(2) The minimum fencing requirements to confine livestock in a farming or rural

residential area shall be a fence of post and wire construction.

Part 3 — Building, development and land care

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Division 1 — Litter and refuse on building sites

3.1 Provision of refuse receptacles

The owner or occupier of a building or development site shall at all times provide and

maintain a refuse receptacle, available for use on the site, which includes a suitable

cover, to the satisfaction of an authorised person, of such design as will —

(a) contain any refuse likely to be produced on the site; and

(b) prevent refuse being blown from the receptacle by wind.

3.2 Control of refuse

(1) From the time of commencement of works on a building site or development site until

the time of completion of such work, the owner or occupier of the site shall —

(a) ensure all refuse on the site is placed and contained in the refuse receptacle

and prevented from being blown from the site by wind;

(b) keep the site free from any refuse;

(c) maintain the street verge, and any other reserve, immediately adjacent to the

site, free of refuse from the site; and

(d) ensure the refuse receptacle is emptied when full.

(2) The owner or occupier of a building site or development site shall ensure that within

2 days of completion of works on the site, the site and the street verge immediately

adjacent to it, is cleared of all refuse and all refuse receptacles are removed from the

site.

3.3 Unauthorised storage of materials

(1) All construction materials must be located on the building site or development site

under construction, unless written approval has been given by the local government to

store materials on another property (including a road reserve).

(2) An application for approval under subclause (1) must be —

(a) in writing; and

(b) accompanied by the written approval of the landowner of the land on which

materials are proposed to be stored.

Division 2 — Prevention of dust and liquid waste

3.4 Prohibited activities

(1) An owner and or occupier of land must take all reasonable measures to —

(a) stabilise dust on the land;

(b) contain all liquid waste on the land; and

(c) ensure no dust or liquid waste is released or escapes from the land, whether by

means of wind, water or any other cause.

(2) Subclause (1)(c) do not apply to land where the primary activity is broad acre

farming.

(3) Where the local government forms the opinion that —

(a) an owner or occupier has not complied with clause (1)(a) or clause

(1)(b); or

(b) the dust or liquid waste has been released or escaped from the owner’s or

occupier’s land,

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the local government may serve on the owner and or occupier of the land, a notice

requiring the owner and or occupier to do one or more of the following –

(i) comply with subclause (1)(a) or (1)(b);

(ii) clean up and properly dispose of any released or escaped dust or liquid

waste;

(iii) clean up and make good any damage resulting from the released or

escaped dust or liquid waste; and

(iv) take effective measures to stop any further release or escape of dust or

liquid waste;

(c) The requirements set out in a notice issued under clause (2) must be

complied with—

(i) within 48 hours of service of the notice where no other time is specified;

(ii) within such other period as is specified in the notice; or

(iii) immediately, if the notice so specifies.

(4) Where the local government forms the opinion that dust or liquid waste has escaped or

has been released from an activity undertaken on land or as a consequence of the use

of equipment on land, the local government may serve a notice on —

(a) any owner or occupier of the land; or

(b) any operator of equipment on the land,

requiring that the activity or use of equipment on the land be ceased immediately, for

such period as is specified in the notice.

(5) Where the local government is of the opinion that dust or liquid waste may be released

or escape as a result of an activity which is likely to be carried out from any land, the

local government may give to the owner or occupier a notice providing that the

activity may only be carried on subject to conditions specified in the notice.

3.5 Dust management

An owner or occupier of land within the townsite who intends to undertake any

work involving the clearing of land, from which any sand or dust is likely to be

released whether by means of wind, water or any other cause, shall —

(a) submit to an authorised person a Dust Management Plan in accordance with

the Department of Environment Regulation document “A guideline for

managing the impacts of dust and associated contaminants from land

development sites, contaminated sites remediation and other related activities”

(March 2011), or any updated version of this document;

(b) obtain written approval of the Dust Management Plan from an authorised

person before commencement of any work.

Division 3 — Unsightly land and disused materials

3.6 Removal of refuse and disused materials

(1) The owner or occupier of a lot shall not keep, or permit to remain on the lot, any

refuse, rubbish or disused material of whatever nature or kind, which in the opinion of

the local government or an authorised person, is likely to give the lot an untidy

appearance and does not conform with the general appearance of other land in that

particular part of the district.

(2) The local government or an authorised person may give notice in writing to the owner

or occupier of a lot requiring the removal of refuse, rubbish or disused material from

the lot within the time specified in the notice.

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3.7 Removal of unsightly overgrowth of vegetation

(1) The owner or occupier of a lot shall not permit to remain on a lot, any unsightly

overgrowth of vegetation that gives the lot an untidy appearance and does not conform

with the general appearance of other land in that particular part of the district.

(2) The local government or an authorised person may give notice in writing to the owner

or occupier of a lot requiring the removal of the overgrowth of vegetation within the

time specified in the notice.

3.8 Storage of vehicles, vessels and machinery

(1) The owner or occupier of a lot shall not —

(a) store, or allow to remain in public view on any lot, more than 1 vehicle, vessel

or machinery (whether licensed or not) in a state of disrepair;

(b) store, or allow to remain in public view on any lot, any vehicle, vessel or

machinery in a state of disrepair for a period in excess of 1 month;

(c) store, or allow to remain in public view on any lot, any vehicle, vessel or

machinery parts (including tyres);

(d) wreck, dismantle or break up any vehicle, part or body of a vehicle, vessel or

machinery except where performed —

(i) inside a building; or

(ii) within an area enclosed by a fence or wall of not less than 1.8 metres in

height and of such a nature as to screen all vehicles, parts or bodies of

vehicles, vessels or machinery from the street and from adjoining

properties; or

(e) wreck, dismantle or break up a vehicle, vessel or machinery so as to cause a

nuisance.

(2) Subclause (1) does not apply to industrial zoned lots.

3.9 Disposing of disused refrigerators or similar containers

A person shall not place, leave or dispose of a disused refrigerator, ice chest, ice

box, trunk, chest or other similar article having a compartment which has a capacity

of 0.04 cubic metres or more on any land without first —

(a) removing every door and lid and every lock, catch and hinge attached to a door

or lid; or

(b) rendering every door and lid incapable of being fastened; and

(c) removing any refrigerants as per requirements of the Environment Protection

(Ozone Protection) Policy 2000.

Division 4 — Hazardous materials

3.10 Hazardous trees

(1) Where a tree on a lot endangers any person or thing on adjoining land, the local

government may give a notice to the owner or the occupier of the lot to remove,

cut, move or otherwise deal with that tree so as to make the tree safe.

(2) Where a tree on a lot presents a serious and immediate danger to any person or thing,

the local government may take any remedial action it considers appropriate in order

to make the tree safe without having given the owner or occupier notice pursuant to

subclause (1).

(3) The local government reserves its right to recover any costs incurred by the local

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government for remedial action taken in terms of subclause (2).

Part 4 — Nuisances and dangerous things

Division 1 — Light

4.1 Use of exterior lights

An owner or occupier of land on which floodlights or other exterior lights are

erected or used, shall not allow the floodlights or other exterior lights to shine

directly onto any other premises.

4.2 Emission or reflection of light

An owner or occupier of land shall ensure that —

(a) artificial light is not emitted or reflected from anything on the land so as to

illuminate premises outside that land to more than 50 lux; and

(b) natural light is not reflected from anything on the land so as to create or cause

a nuisance to the occupier of any other premises or to a person lawfully using a

thoroughfare.

4.3 Notice may require specified action to prevent emission or reflection of light

(1) Where —

(a) floodlights or other exterior lights shine directly onto any other premises;

(b) artificial light is emitted or reflected from anything on the land so as to

illuminate premises outside the land to more than 50 lux; or

(c) natural light is reflected from anything on the land so as to create or cause a

nuisance to the occupier of any other premises or to a person lawfully using a

thoroughfare,

the local government may by notice in writing direct the owner or occupier to take

such actions as the local government considers necessary within the time specified

in the notice.

(2) The notice referred to in subclause (1) may direct that —

(a) floodlights or other exterior lights are used only during the hours specified in

the notice;

(b) the direction in which the lights shine be altered as specified in the notice;

(c) any reflective surfaces be painted or otherwise treated so as to abate the

nuisance; or

(d) any combination of these measures that the local government believes to be

appropriate to the circumstances.

Division 2 — Smoke, fumes, odours and other emissions

4.4 Burning rubbish, refuse or other material

(1) A person shall not on any land of an area 2000 square meters or less, being rural

townsite zone, town center zone, residential zone or residential development zoned

property, set fire to rubbish, refuse or other materials unless—

(a) written approval has first been obtained from the local government;

(b) the person demonstrates to the satisfaction of the local government that

reasonable alternatives for the disposal of the rubbish, refuse or other materials

43

do not exist and the potential for pollution is low;

(c) the material does not include any plastic, rubber, food scraps, other material

likely to cause the generation of smoke or odour in such quantity as to cause a

nuisance to other persons;

(d) a haze alert has not been issued by the Bureau of Meteorology for the period

during which burning is to take place; and

(e) the burning complies with the Bush Fires Act 1954, any annual fire hazard

reduction notice issued by the local government under that Act and any

conditions of approval as determined by the local government.

(2) Subclause (1) shall not apply to any barbeque, solid fuel water heater, space heater

or ovens fired with dry paper, dry wood, synthetic char or charcoal type fuel.

(3) Subclause (1) is subject to any fire danger rating as determined by the Bureau of

Meteorology.

4.5 Escape of smoke, fumes, odours and other emissions

(1) An owner or occupier of land or premises shall not cause or allow the escape of

smoke, fumes, odours or other emissions from the land or premises in such quantity or

of such a nature as to cause or to be a nuisance to any person unless -

(a) the escape of smoke, fumes, odours or other emissions from the land or

premises is the result of burning in compliance with the Bush Fires Act 1954,

any annual fire hazard reduction notice issued by the local government under

that Act and any conditions of approval as determined by the local

government.

(b) all reasonable steps have been taken to prevent the smoke, fumes, odours and

other emissions from land or premises from causing a nuisance to any person.

Division 3 — Trucks

4.6 Livestock vehicles

(1) A person shall not park a vehicle containing livestock in a townsite for a period in

excess of 30 minutes.

(2) A person shall not park a vehicle which contains or has been used for the carriage of

livestock so as to create or be a nuisance to any person, by reason of the odour

emanating from the vehicle.

(3) If a person parks a vehicle containing livestock in a townsite in accordance with

subclause (1), then the person does not contravene subclause (2).

4.7 Truck noise from residential land

A person shall not start or drive a truck on land zoned, approved or used for residential

purposes between the hours of 10.30 pm and 6.30 am on the following day withoutfirst obtaining the written consent of the local government.

Division 4 — Swimming pool backwash management

4.8 Disposal of swimming pool backwash

(1) The owner or occupier of land on which a swimming pool is constructed shall ensure

that all backwash is not permitted to discharge onto or run-off onto adjacent land so as

to cause a nuisance, or cause damage to any structures situated on adjacent land.

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(2) Subclause (1) shall not prevent the discharge of swimming pool backwash from a lot

into a local government approved stormwater drain or road by a method approved by

an authorised person.

Division 5 — Stormwater management

4.9 Containment of stormwater

(1) Subject to subclause (2), the owner or occupier of a lot shall ensure that all stormwater

received by any building, house, other structure or any paved or sealed or other

surfaced areas including any vehicle access ways on the lot is contained within the lot

and is not permitted to discharge onto or run-off onto adjacent land so as to cause a

nuisance, or cause damage to any structures situated on adjacent land.

(2) Subclause (1) shall not prevent the discharge of stormwater from a lot into a local

government approved stormwater drain or road.

Division 6 — Amusement activities

4.10 Nuisance

A person shall not, without written authorisation from the local government, provide

or conduct any amusement on land so as to create or be a nuisance to any owner or

occupier of land in the district.

4.11 Abatement by authorised person

Subject to subdivision 3 of Division 3 of Part 3 of the Act, an authorised person may

enter on any land where an amusement is provided or conducted and may do any act

or thing reasonably required to abate a nuisance referred to in clause 4.10.

Division 7 — Advertising, bill posting and junk mail

4.12 Placement of advertisement, bill posting or junk mail

(1) A person shall not, without written authorisation from the local government, place or

affix any letter, figure, device, poster, sign or advertisement on any buildings, fences

or posts.

(2) A person shall not place in or on any letter box, gate, fence or generally leave or

distribute to any property in the district, any handbill, poster, pamphlet, flyer or other

form of advertising or promotional material, where there is clearly displayed a sign or

notice which states “no junk mail” or words of similar effect.

4.13 Exemptions

Clause 4.12 does not apply to —

(a) delivery of articles by Australia Post;

(b) documents issued under or for the purposes of an Act of Parliament;

(c) an authorised person or member of the Police Force acting in the course of

their duties;

(d) electoral materials; or

(e) legal process.

Division 8 — Bird nuisance

4.14 Restrictions on feeding of birds

45

(1) A person shall not feed a bird —

(a) so as to cause a nuisance, or

(b) with a food or substance that is not a natural food of a bird.

(2) Where an authorised person forms the opinion that a person has not complied with

subclause (1) the authorised person may serve the person a notice requiring the person

to clean up and properly dispose of any feed or waste products specified in the notice.

Part 5 — Objections and appeals

5.1 Objections and appeals

When the local government makes a decision under this local law as to whether it

will —

(a) grant a person a permit or authorisation;

(b) vary or cancel a permit or authorisation; or

(c) give a person a notice,

the provisions of Division 1 of Part 9 of the Act and regulation 33 of the Regulations

shall apply to that decision.

Part 6 — Enforcement

Division 1 — Notice of breach

6.1 Notice of breach (1) Where a breach of any provision of this local law has occurred, the local government

may give a notice in writing to the person alleged to be responsible for such breach.

(2) A notice issued pursuant to subclause (1) shall —

(a) specify the provision of this local law which has been breached;

(b) specify the particulars of the breach; and

(c) state the manner in which the recipient is required to remedy the breach to the

satisfaction of the local government within a time period stipulated in the

notice which shall be not less than 14 days from the giving of the notice.

(3) It is an offence to fail to comply with a notice issued by the local government pursuant

to subclause (1).

6.2 Form of notices

Where this local law refers to the giving of a notice other than the giving of an

infringement notice and no particular form is prescribed, it will be sufficient that the

notice be in writing, giving adequate details to enable the owner, occupier or other

person to whom the notice is issued to know the offence committed and the measures

required to be taken or conditions with which compliance is required, as the case may

be.

6.3 When local government may undertake work required by notice

(1) This clause applies only in respect of a notice issued under subclauses 3.6(2), 3.7(2),

3.10(1) and 4.3(1) of this local law.

(2) Where a person fails to comply with a notice referred to in subclause (1) the local

government may, subject to compliance with the requirements of subdivision 3 of

Division 3 of Part 3 of the Act, do anything that it considers necessary to achieve, so

far as is practicable, the purpose for which the notice was given.

46

(3) The local government may recover the cost of anything it does under subclause (2) as

a debt due from the person who failed to comply with the notice.

Division 2 — Offences and penalties

Subdivision 1 —

General

6.4 Offences and penalties

(1) A person who —

(a) fails to do anything required or directed to be done under this local law;

(b) fails to comply with the requirements of a notice issued under this local law by

an authorised person; or

(c) does anything which under this local law that person is prohibited from doing;

commits an offence.

(2) Where, under this local law, an act is required to be done or forbidden to be done in

relation to any land or premises, the owner or occupier of the land or premises has the

duty of causing to be done the act so required to be done, or of preventing from being

done the act forbidden to be done.

(3) A person who commits an offence under this local law is liable to a maximum penalty

of $5,000 and where the offence is of a continuing nature a maximum daily penalty of

$500 in respect of each day or part of a day during which the offence has continued.

Subdivision 2 — Infringement notices and modified

penalties

6.5 Prescribed offences

(1) An offence against a clause specified in Schedule 1 is a prescribed offence for the

purposes of section 9.16(1) of the Act.

(2) The amount of the modified penalty for a prescribed offence is that specified adjacent

to the clause in Schedule 1.

(3) An authorised person should be satisfied that —

(a) commission of the prescribed offence is a relatively minor matter; and

(b) only straightforward issues of law and fact are involved in determining

whether the prescribed offence was committed, and the facts in issue are

readily ascertainable;

before giving an infringement notice to a person in respect of the commission of a

prescribed offence.

6.6 Form of infringement notices

For the purposes of this local law —

(a) where a vehicle is involved in the commission of an offence, the form of the

notice referred to in section 9.13 of the Act is that of Form 1 in Schedule 1 of

the Regulations;

(b) the form of the infringement notice given under section 9.16 of the Act is that

of Form 2 in Schedule 1 of the Regulations; and

(c) the form of the notice given under section 9.20 of the Act withdrawing an

infringement notice is that of Form 3 in Schedule 1 of the Regulations.

47

Schedule 1 — Prescribed offences

[Clause 6.5]

Item No Clause Nature of Offence

Modified Penalty

1 2.2(a) Failure to keep premise free from excrement, filth, food

waste and other matter likely to be offensive or injurious

to health, attracts vermin or insects

$150

2 2.2(b) Failure to keep premises clean and disinfected when

directed by an EHO

$150

3 2.2(c) Failure to keep premises free of flies, or when directed by

an EHO, spray premises with residual insecticide or use

other means to kill or repel flies

$150

4 2.3 Failure to maintain adequate enclosures $150

5 2.4(1) Keeping more than 3 cats over the age of 6 months

without exemption from the local government

$150

6 2.4(7)(a) Establish or maintain a cattery on any lot within the

district without approval

$150

7 2.4(7) Fail to maintain cattery in compliance with conditions of

approval

$150

8 2.5 Keep, or permit to be kept, any poultry, not in accordance

with conditions of these local laws

$150

9 2.7 Keep, or suffer to remain in a residential area, a rooster,

turkey, goose or geese, or peafowl

$150

10 2.8 Failing to keep cages, enclosures and lofts maintained to

minimum standard specified in the Code of Practice

$150

11 2.9 Failing to prevent pigeons nesting or perching $150

12 2.10 Failing to keep aviary birds in accordance with conditions of this local law

$150

13 2.11 Keeping birds so as to create a nuisance $150

14 2.12(1) Failure to obtain a permit to keep bees $150

15 2.12(4) Failure to provide a good and sufficient water supply on the land which is readily accessible by the bees

$150

16 2.14(2) Failure to comply with a condition of a permit to keep

bees

$150

17 2.19 Creation of a nuisance from keeping of bees or beehives $150

18 2.20(1) Failure to comply with a notice to remove bees or

beehives for contravention of local law

$150

19 2.21(a) Keeping a farm animal without a valid permit $150

20 2.26 Failure to comply with the conditions for keeping farm animals

$150

21 2.27 Keeping a miniature horse on land without approval $150

22 2.28 Keeping a miniature pig on land without approval $150

23 2.30 Permitting livestock to stray, or be at large in a street, public place or private property without consent

$150

24 2.31 Failing to keep property fenced in a manner capable of confining livestock

$150

25 3.1 Failure to provide or maintain a refuse receptacle on a building or development site

$250

26 3.2 Failure to control refuse on a building or development site $250

27 3.3 Unauthorised storage of materials $250

28 3.4 Release or escape of dust or liquid waste from land $250

29 3.5 Commencing works involving clearing of land without an approved Dust Management Plan

$250

48

30 3.8(a) Storing, or allow to remain on land, more than one vehicle, vessel or machinery in a state of disrepair

$250

31 3.8(b) Storing, or allow to remain on land, any vehicle, vessel or

machinery in a state of disrepair for a period in excess of 1

month

$250

32 3.8(c) Storing, or allow to remain on land, any vehicle, vessel or machinery parts (including tyres)

$250

33 3.8(d)(i) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not inside a building

$250

34 3.8(d)(ii) Wreck, dismantle or break up any vehicle part or body, vessel or machinery not behind a sufficient fence or wall

$250

35 3.8(e) Wreck, dismantle or break up a vehicle, vessel or

machinery so as to cause a nuisance

$250

36 3.9 Disposing of disused refrigerator or similar container with

door/lid that can be fastened without removing the

refrigerant, door, lid, lock, catch, hinge and rendering the

door/lid incapable of being fastened

$250

37 4.1 Erection or use of lighting installations other than in accordance with this local law

$250

38 4.2 Emitting light so as to create or cause a nuisance $250

39 4.5 Permitting the escape of smoke, fumes, odours and other emissions so as to cause a nuisance

$250

40 4.6(1) Parking a livestock vehicle in an urban area or townsite in excess of 30 minutes

$250

41 4.7 Starting or driving a truck on residential land, or adjoining residential land, without consent of the local government

$250

42 4.8(1) Discharging swimming pool backwash onto adjacent land so as to cause a nuisance or cause damage

$250

43 4.9(1) Failure to ensure that all rainwater or storm water received by a lot and any building, house or structure on the lot, is

contained within the lot or discharged directly to a

stormwater drain or road

$250

44 4.10 Conducting an amusement so as to create a nuisance $250

45 4.12(1) Unauthorised placement of advertisement, bill posting or

junk mail

$100

46 4.12(2) Placement of advertisement, bill posting or junk mail where a “no junk mail”, or equivalent, sign is displayed

$100

47 4.14(1)(a) Feeding a bird which causes a nuisance $250

48 4.14(1)(b) Feeding a bird a food/substance that is not a natural food $250

49 6.4(1)(b) Failure to comply with notice $250

49

This Local Law was made by the Shire of Narembeen at an Ordinary Meeting held on the 20th

Day of July in the year 2016.

The Common Seal of the Shire of Narembeen was affixed by authority of a resolution of the

Council in the presence of —

_________________________________________

CR. RHONDA COLE SHIRE PRESIDENT

Shire seal

_____________________________________________

Mr CHRIS JACKSON CHIEF EXECUTIVE OFFICER

Consented to

______________________________________

EXECUTIVE DIRECTOR PUBLIC HEALTH

Dated this ………….. day of ………………………………….. 2016

50

AGENDA ITEM: 8.2.1- Works Manager’s Report

Subject: Works Manager Report Applicant: Arthur Cousins File Ref: N/A Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Arthur Cousins Date: 12th July 2016 Attachments: nil

SUMMARY

Council is to consider this report from the Works Manager.

BACKGROUND

Monthly Reports by the Works Manager are presented in the agenda template format to allow a clear set of information to be presented to Council to assist in the decision making process.

COMMENT

Winter Grading

Graders are currently working the eastern and western ends of the shire. Roads completed

include Narembeen South Road, South Kumminin East Road, Anderson Rock Road,

Bagshaw Road, Garmony Road, Fawcett Road, Walker Road, Rutherford Road, Erdman

Road, Bows Road and Daymon Road.

Grain Freight

Boxing out commenced on the western end and gravel carting. Rain has ceased operations

for the time being. Lime stabilising of the base will take place when the optimum time is

decided.

Miscellaneous

Peter Hills is on sick leave and will be for quite some time.

Rubbish Bins have been removed from the truck bay Merredin Road rest area and rest stop at Roe Dam.

Ledger Martin has completed 75% of the overhaul at the CBH Dam. The pump is now

running, and with improvements we are hoping the pump will be more efficient.

Michael Lethleans block on Cheetham Way completed.

CONSULTATION

Nil

8.2 Works Manager

51


Nil


As per budget requirements or as reported.

POLICY IMPLICATIONS

Work policies to be reviewed in line with current work practices as and when required.


3. Connected Communities through a safe and efficient transport network throughout theShire.

3.1 All residents and visitors are able to move around the Shire in safety and with ease.

Our Actions Update the Narembeen Road Plan and review Shire roads to determine their suitability annually (maintenance, construction, preservation, road train access and parking, materials and safety)


Nil


That the Works Managers June 2016 Report is received and actions endorsed.

COUNCIL RESOLUTION


CARRIED /

52

AGENDA ITEM: 8.3.1- Building Supervisor Report

Subject: Building Supervisors Report July 2016 Applicant: N/A File Ref: N/A Disclosure of Interest (Staff): N/A Disclosure of Interest (Member): N/A Author: Steve Thomas Date: 12 July 2016 Attachments: Nil

SUMMARY

Council is to consider this report from the Buildings Supervisor.

BACKGROUND

Each month the Building Supervisor will present to Council the activities and issues at hand and progress on matters undertaken for Councils information

COMMENT

The following is an overview of the Building Supervisor's activities for the past month:

Football Lights

The rectification works to bring the lights up to current standards is now complete. They have been tested and are working correctly. I have also asked for a copy of the results for the shires records. As part of the testing we tested for nuisance tripping but there was no sign that this would occur. This isn’t to say after a good rain there wouldn’t be any issues and it would be the shires responsibility to rectify any problems

Recreation Centre Electrical Defects

Nathan from Wagin Electrical has been the contractor working on the defects and is in the process of making the changes to the schedule in the main, sub main switch boards and when complete he is going to send the new typed schedule to the shire for me to install.

Recreation Centre Carpet issues

Wauters Enterprises have agreed to have the carpet replace in order to get the full 15 year warranty.

• The new carpet tiles have been chosen and at the time of writing this an order wasimminent

• The design of the tiles to be laid has been confirmed

• We are looking for a relay date somewhere between the end of August and earlySeptember to avoid minimal interruptions to the sports calendar.

Residential and Commercial housing inspections Completed

The outcomes from these inspections have formed the basis of the 2016/17 building maintenance budget.

8.3 Building Supervisor

53

Repairs to Unit 5 Koolberrin Lodge

The contractors have completed the rectification works to unit 5 due to the fire damage. They have replaced all damaged roof sheeting, polycarbonate sheeting and insulation as required.

Caravan Park

The new Switch board will be installed by Chris Bray our local electrician late in July to early August. There will be a short period of inconvenience (24hrs) to the park users but we are working to minimise the interruption

General

Maintenance on Council properties continues on an 'as needs basis'.

CONSULTATION

Chief Executive Officer Executive Manager Corporate Services


Compliance with the Residential Tenancies Act and Commercial Tenancies Act.


As per the Budget

POLICY IMPLICATIONS

Nil


Strategic Community Plan 9.2 Manage the organisation in a responsible, accountable and consultative manner

Corporate Business Plan 1.1.13 Protect the heritage across the shire of Narembeen 1.1.14 Support the Narembeen Historic Society as well as other groups to capture and protect the stories of the community, subject to the annual budget 2.1.4 Maintain the Town Hall (and Roads Board Building) and demolish the lesser Hall


54

Nil


That Council to receive the Building Supervisor’s report.

COUNCIL RESOLUTION


CARRIED /

55

AGENDA ITEM: 8.4.1- Chief Executive Officer’s Report

Subject: Chief Executive Officer’s Report Applicant: Chris Jackson File Ref: N/A Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Chris Jackson Date: 13th July 2016 Attachments: As listed

SUMMARY

To provide Council with updates on various projects and other matters.

BACKGROUND

Monthly reports by the CEO are presented in the agenda template format to allow a clear set of information to be presented to Council and to assist in the decision making process.

COMMENT

Great Eastern Country Zone of WALGA

A meeting of the GECZ was held on Friday 8 July 2016 attended by the Shire President and CEO. Minutes attached. Prior to the meeting a questions and answer session was held with the Hon Terry Redman and the Hon Mia Davies.

WALGA Annual General Meeting

The WALGA AGM will be held as part of the Local Government Convention on Wednesday 3 August 2016. A copy of the executive and member motions are attached. Council may wish to give direction to voting delegates CR Cole and Cr DeLuis.

Aged Friendly Community Report

The scope of the project focused on establishing background information for the four participating RoeROC Shires and engaging with communities directly through community and stakeholder consultations in each one. This Plan contains the data and learnings from this activity as it relates to Narembeen Shire which will then be supplemented by outcomes from a local audit of the age friendly Domains.

The approach to the project is largely in line with the Department for Communities’ “Age Friendly Communities - A Western Australian Approach” and the Wheat belt Development Commission Aged Care Planning Guide. Due to practical constraints some of the steps and forms contained in that “toolkit” were adapted to reflect such matters as small populations of older people, stakeholder availability for consultations and impracticalities/sensitivities around structuring forums by socio economic status.

The data collected provides evidence to form an Age-Friendly Community Plan for each local government. This plan will identify issues and challenges and a path to become an Age-Friendly Community. This plan can be used to inform strategies for Strategic Community Plans and should be integrated with activities arising out of Disability Access and inclusion Plans (DAIP). Report attached.

8.4 Chief Executive Officer

56

Narembeen Townsite Project

The following letter was sent 28th June 2016 to Mr Gaynor Latham

“I wish to confirm our discussions 28th June 2016 attended by Gaynor Latham, Merrick Latham, Dianne Latham, Acting Works Manager Bob Edwards and myself in relation to the Narembeen Townsite Project and the construction of the new Fricker Road.

As previously discussed the area required from your property Lot 500 on deposited plan 36572 Avon Location 18164 is 4.98ha as indicated on the attached plan. As agreed the final survey of the new road will be undertaken over the next week, the area will be clearly pegged and then the required replacement fencing will be erected as soon as possible. As agreed an appropriate access gate will be installed as part of the fencing of the new road reserve to allow the property to continue to be used for cropping.

As the property has been cropped this year I am happy to approach Council will with a view to seeking a resolution for compensation to be considered for the loss of the crop follow the survey and fencing of the new road reserve. In relation to your request for loss of future earnings to also be considered, I will also raise this with Council.

Details of arrangements for the land exchange will provided to you in a separate letter that will include the required Western Australian Planning Commission From 1A to be signed.

Thank you for your assistance with allowing this important Grain Freight project to proceed, the project will provide long term benefits to the Narembeen community. “

Correspondence has also been sent to Robert Hayter also confirm the land exchange for the new road.

Construction work has commenced.

57

CEO/Council Key Meeting/Appointment Dates

Date Meeting/Appointment

14th July 2016 EWPCP BSS Shire Governance Committee 15th July 2016 RRG Roe Sub Group 21st July 2016 Nominations open for Extraordinary Election 28th July 2016 Nominations close 3rd /5th August 2016 Local Government Convention 15th August 2016 Wheatbelt South Regional Road Group 15th August 2016 Roe Tourism meeting

CONSULTATION

N/A


Nil


As per budget requirements or as reported above.

POLICY IMPLICATIONS

N/A


9 Provide good strategic decision making, governance, leadership and professional management.

9.1 Develop leadership skills and behaviours that enhance the knowledge, skills and experience of the Shire staff and Council.

9.2 Manage the organisation in a responsible, accountable and consultative manner. 9.3 Deliver services that meet the current and future needs and expectations of the

community, whilst maintaining statutory compliance.


Nil.


That the CEO’s July 2016 report be received and actions endorsed.

COUNCIL RESOLUTION


CARRIED /

58

Great Eastern Country Zone Meeting 8 July 2016

GREAT EASTERN COUNTRY ZONE

Minutes

Friday 8 July 2016 In-Person Meeting

Merredin Regional Community and Leisure Centre

Commencing at 11.42am

59

Great Eastern Country Zone Meeting 8 July 2016 1

Table of Contents

1.0 OPENING AND WELCOME ................................................................................................ 3

2.0 ATTENDANCE AND APOLOGIES ...................................................................................... 3

3.0 DECLARATION OF INTEREST .......................................................................................... 4

4.0 ANNOUNCEMENTS ............................................................................................................ 4

5.0 GUEST SPEAKERS / DEPUTATIONS ................................................................................ 4

6.0 MINUTES ............................................................................................................................. 5

6.1 Confirmation of Minutes from the Great Eastern Country Zone Meeting held Thursday 28 April 2016 (Attachment) ......................................................................................................................................................... 5

6.2 Business Arising from the Minutes of the Great Eastern Country Zone Meeting held Thursday 28 April 2016 (Attachment) ................................................................................................................................................ 5

6.3 Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 16 June 2016 (Attachment) ................................................................................................................................................ 7

6.4 Minutes of a Meeting of the Great Eastern Country Zone held Thursday 30 June 2016 (Attachment).................................................................................................................................................................. 7

6.5 Business Arising from the Minutes of the Great Eastern Country Zone Meeting held Thursday 30 June 2016 ..................................................................................................................................................................... 7

6.6 Matters for Noting (Attachments) ...................................................................................................................... 7

7.0 ZONE BUSINESS ................................................................................................................ 9

7.1 Wheatbelt Conference 2016.............................................................................................................................. 9

7.2 Road Rail Interface Agreements - Request for Information from the Office of National Rail Safety Regulator .................................................................................................................................................................... 10

7.3 Training for Country Councillors - DLGC/WALGA Subsidised Training .......................................................... 11

7.4 Emergency Services Levy ............................................................................................................................... 12

8.0 ZONE REPORTS ............................................................................................................... 13

8.1 Zone President Report .................................................................................................................................... 13

8.2 Healthy Wheatbelt (Attachment) ..................................................................................................................... 13

8.3 Local Government Grain Infrastructure Group (Attachment) ........................................................................... 13

8.4 Wheatbelt District Emergency Management Committee (Attachment) ........................................................... 13

8.5 Wheatbelt North Regional Road Group ........................................................................................................... 14

8.6 Wheatbelt South Regional Road Group (Attachment)..................................................................................... 14

9.0 AGENCY REPORTS ......................................................................................................... 15

9.1 Department of Local Government and Communities ...................................................................................... 15

9.2 Main Roads WA .............................................................................................................................................. 15

9.3 Regional Development Australia (RDA) Wheatbelt (Attachment) ................................................................... 15

9.4 Water Corporation ........................................................................................................................................... 15

9.5 Wheatbelt Development Commission (WDC) ................................................................................................. 15

11.0 MEMBERS OF PARLIAMENT .......................................................................................... 15

12.0 OTHER BUSINESS ........................................................................................................... 16

13.0 URGENT BUSINESS as permitted by the Zone President ............................................. 16

14.0 DATE, TIME AND PLACE OF NEXT MEETINGS ............................................................. 16

60


15.0 CLOSURE ......................................................................................................................... 16

61


Minutes

Great Eastern Country Zone of WALGA

Friday 8 July 2016

Commencing at 11.42am

1.0 OPENING AND WELCOME

Cr Cole opened the meeting at 11.42am and welcomed all in attendance.

2.0 ATTENDANCE AND APOLOGIES

Attendance Cr Rhonda Cole (Chair) President, Shire of Narembeen Cr Stephen Strange President, Shire of Bruce Rock Ms Catherine Dunn D/CEO, Shire of Bruce Rock Cr Bernard Daly Councillor, Shire of Cunderdin Cr Norm Jenzen Councillor, Shire of Cunderdin Cr Doug Kelly Councillor, Shire of Cunderdin Mr Peter Naylor CEO, Shire of Cunderdin and Shire of Tammin Cr Dale Metcalf President, Shire of Dowerin Ms Andrea Selvey CEO, Shire of Dowerin Cr Rod Forsyth President, Shire of Kellerberrin Mr Raymond Griffiths CEO, Shire of Kellerberrin Ms Karen Oborn DCEO, Shire of Kellerberrin Mr John Read CEO, Shire of Kondinin Cr Ken Hooper President, Shire of Merredin Cr Mark Crees Deputy President, Shire of Merredin Cr Leah Boehme Councillor, Shire of Merredin Cr John Flockart Councillor, Shire of Merredin Mr Greg Powell CEO, Shire of Merredin Cr Rachel Kirby President, Shire of Mt Marshall Cr Stuart Faulkner Deputy President, Shire of Mt Marshall Mr Eddie Piper A/CEO, Shire of Mt Marshall Cr Gary Shadbolt President, Shire of Mukinbudin Mr Stuart Billingham CEO, Shire of Mukinbudin Mr Chris Jackson CEO, Shire of Narembeen Cr Eileen O’Connell President, Shire of Nungarin Cr Jim Taylor Councillor, Shire of Nungarin Mr Bill Fensome CEO, Shire of Nungarin Cr Glenice Batchelor Councillor, Shire of Tammin Cr Michael Greenwood Councillor, Shire of Tammin Cr Freda Tarr President, Shire of Trayning Cr Geoff Waters Deputy President, Shire of Trayning Cr Melanie Brown Councillor, Shire of Trayning Cr Wallace Knott Councillor, Shire of Trayning Mr Dirk Sellenger A/CEO, Shire of Trayning Cr Karen Day President, Shire of Westonia Mr Jamie Criddle CEO, Shire of Westonia Cr Quentin Davies President, Shire of Wyalkatchem Cr Fred Butt Councillor, Shire of Wyalkatchem Mr Ian McCabe CEO, Shire of Wyalkatchem

62


Cr Onida Truran President, Shire of Yilgarn Cr Wayne Della Bosca Deputy President, Shire of Yilgarn Mr Brian Jones CEO, Shire of Yilgarn

Ms Helen Westcott, Joint Executive Officer Mr Bruce Wittber, Joint Executive Officer

WALGA Representatives

Ms Joanne Burges, Regional Cooperation Manager Ms Melissa Pexton, Senior Policy Advisor Community

Guests

Ms Wendy Newman, CEO Wheatbelt Development Commission Mr Benjamin Robins, Research Officer Wheatbelt Development Commission

Apologies

Cr Allen Smoker, President Shire of Kondinin Cr Ricky Storer, President Shire of Koorda Cr Gary Greaves, Deputy President Shire of Koorda Mr David Burton, CEO Shire of Koorda Cr Mal Willis, Councillor Shire of Merredin Cr Gina De Luis, Deputy President Shire of Narembeen

3.0 DECLARATION OF INTEREST

Nil

4.0 ANNOUNCEMENTS

Nil

5.0 GUEST SPEAKERS / DEPUTATIONS

Nil

63


6.0 MINUTES

6.1 Confirmation of Minutes from the Great Eastern Country Zone Meeting held Thursday 28 April 2016 (Attachment)

Minutes of the Great Eastern Country Zone Meeting held Thursday 28 April 2016 have previously been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the Great Eastern Country Zone held Thursday 28 April 2016 be confirmed as a true and accurate record of the proceedings.

RESOLUTION: Moved: Cr Forsyth Seconded: Cr Day

That the Minutes of the Meeting of the Great Eastern Country Zone held Thursday 28 April 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED

6.2 Business Arising from the Minutes of the Great Eastern Country Zone Meeting held Thursday 28 April 2016 (Attachment)

6.2 Business Arising from the Minutes of the Great Eastern Country Zone Meeting held Thursday 25 February 2016

7.3 Main Roads WA Roadside Rubbish Collection

RESOLUTION: Moved: Mr Read Seconded: Cr DeLuis

1. That the Great Eastern Country Zone write to both the Minister for Transport and the

Commissioner for Main Roads WA expressing the Zone’s concern over the continuing decline

in the level of service provided by Main Roads WA for rubbish collection;

2. That the letters to both the Minister for Transport and the Commissioner for Main Roads WA be

cc’d to Australia’s Golden Outback; and

3. The Executive Officer extend an invitation to Mr Craig Manton, Regional Manager Wheatbelt

MRWA, to attend future meetings of the Great Eastern Country Zone.

CARRIED

A response from the Minister for Agriculture and Food; Transport has been received.

A copy of the Minister’s response forms an attachment to the meeting agenda.

Noted

12.1 Permits for Road Works

RESOLUTION: Moved: Cr Forsyth Seconded: Cr Waters

That the Executive Officer write to the Member for Central Wheatbelt and the Water Corporation to seek assistance in rationalising the type and number of permits required prior to undertaking roadworks.

CARRIED

The Executive Officer has written to the Member for Central Wheatbelt requesting that this matter be listed for discussion at the Ministerial Meeting Day scheduled for Friday 8 July 2016.

The Executive Officer has also recently written to the Sharon Broad, the Water Corporation’s Regional Manager Goldfields and Agricultural Region. Ms Broad is currently on leave.

Noted

64


7.5 Road Rail Interface Agreements - Request for Information from the Office of National Rail Safety Regulator

RESOLUTION: Moved: Mr Mollenoyux Seconded: Mr Jackson

That the Great Eastern Country Zone seek assistance from Office of the National Rail Safety Regulator and WALGA in resolving outstanding issues Member Councils have with Brookfield Rail Pty Ltd regarding road and rail interface agreements.

CARRIED

A response to the GECZ’s request to WALGA for assistance has been received. A copy of the correspondence forms an attachment to the meeting agenda.

Noted

12.2 Speed Limit Great Southern Highway York – Lakes Roadhouse Section

RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Royce

That the: 1. Shire of Bruce Rock requests the WALGA Great Eastern Zone lobby Main Roads WA to review

and reconsider the impacts caused by the recent reduction of speed limit from 110km/hr to100km/hr on the Great Southern Highway between the York townsite and The LakesRoadhouse and the 80km/hr section being extended from the Lakes Roadhouse heading easton the same road;

2. Great Eastern Country Zone requests support from the Central Country Zone on this matter;and

3. Matter be referred to the Member for Central Wheatbelt, Hon Mia Davies MLA, for support.CARRIED

The Executive Officer has written to the Member for Central Wheatbelt requesting that this matter be listed for discussion at the Ministerial Meeting Day scheduled for Friday 8 July 2016.

The Executive Officer recently wrote to WALGA on this matter.

The GECZ Resolution was raised at the Central Country Zone Meeting on Friday 29 April 2016.

Several local governments who are directly affected by the issue supported the concerns raised by the Shire of Bruce Rock. Mr Craig Manton, Regional Manager Wheatbelt Region, MRWA, who was in attendance at the meeting, noted the concerns being expressed and outlined the reasons for the change. The Central Country Zone subsequently noted the issue.

Noted

12.3 Royalties for Regions – Country Local Government Fund

RESOLUTION: Moved: Mr Mollenoyux Seconded: Cr Royce

The Shire of Bruce Rock requests that the WALGA Great Eastern Zone write to WALGA State Council seeking to lobby for the reinstatement of the Royalties for Regions Country Local Government Fund.

CARRIED

The Executive Officer has written to WALGA on this matter.

The WALGA President’s Report for July 2016 and presented to the GECZ meeting held Thursday 30 June 2016 also reported that a recent breakfast hosted by WALGA for State MPs and State Councillors covered the topic of reinvesting in a meaningful Country Local Government Fund.

Noted

65


6.3 Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 16 June 2016 (Attachment)

Background:

Presenting the Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 16 June 2016.

RECOMMENDATION:

That the Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 16 June 2016 be received.

RESOLUTION: Moved: Cr O’Connell Seconded: Cr Waters

That the Minutes of a Meeting of the Great Eastern Country Zone Executive Committee held Thursday 16 June 2016 be received.

CARRIED

6.4 Minutes of a Meeting of the Great Eastern Country Zone held Thursday 30 June 2016 (Attachment)

Background:

Minutes of the Great Eastern Country Zone Meeting held Thursday 30 June 2016 have previously been circulated to Member Councils.

RECOMMENDATION:

That the Minutes of the Meeting of the Great Eastern Country Zone held Thursday 30 June 2016 be confirmed as a true and accurate record of the proceedings.

RESOLUTION: Moved: Cr O’Connell Seconded: Cr Truran

That the Minutes of the Meeting of the Great Eastern Country Zone held Thursday 30 June 2016 be confirmed as a true and accurate record of the proceedings.

CARRIED

6.5 Business Arising from the Minutes of the Great Eastern Country Zone Meeting held Thursday 30 June 2016

Nil

6.6 Matters for Noting (Attachments)

� Correspondence from the Minister for Water; Sport and Recreation; Forestry re: Approval of a

Class Exemption for Small Local Government Water Services Providers;

� PowerPoint presentation used by representatives from Rural Health West during their

presentation on the “Finding My Place” project to Healthy Wheatbelt on 31 May 2016;

� Southern Inland Health Initiative - Wheatbelt district overviews outlining the health programs

and service improvements underway in the Wheatbelt districts under SIHI; and

� South West Native Title Settlement- Newsletter and Media Statement.

RECOMMENDATION:

That the papers detailed in Item 6.6 be noted.

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RESOLUTION: Moved: Cr Truran Seconded: Cr Tarr

That the papers detailed in Item 6.6 be noted. CARRIED

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7.0 ZONE BUSINESS

7.1 Wheatbelt Conference 2016

Reporting Officer: Helen Westcott, Executive Officer

Disclosure of Interest: Nil

Date: 27 June 2016

Attachments: Wheatbelt Conference 2016 Evaluation Report Article from the Narrogin Observer Western Councillor Article

Background:

The Avon-Midland, Central and Great Eastern Country Zones co-sponsored the Wheatbelt Conference held in Narrogin on 7-8 April 2016.

An evaluation report on the conference forms an attachment to the meeting agenda, as does the article published in the Narrogin Observer on 16 April 2016 and the article on the conference published in the April 2016 edition of Western Councillor.

Executive Officer Comment:

No further comment required.

RECOMMENDATION:

That the Wheatbelt Conference 2016 Evaluation Report be noted.

RESOLUTION: Moved: Cr Waters Seconded: Cr Davies

That the Wheatbelt Conference 2016 Evaluation Report be noted. CARRIED

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7.2 Road Rail Interface Agreements - Request for Information from the Office of National Rail Safety Regulator



Date: 27 June 2016

Attachments: Nil

Background:

The matter of road rail interface agreements with Brookfield rail is one that has been around for some considerable time. The matter was most recently discussed at the Great Eastern Country Zone (GECZ) Meeting held Thursday 28 April 2016 following a number of the GECZ’s Member Councils receiving correspondence from the Office of the National Rail Safety Regulator regarding the current status of negotiations around the road rail interface agreements with Brookfield Rail.

At this time it was resolved as shown below.

RESOLUTION: Moved: Mr Mollenoyux Seconded: Mr Jackson

That the Great Eastern Country Zone seek assistance from Office of the National Rail Safety Regulator and WALGA in resolving outstanding issues Member Councils have with Brookfield Rail Pty Ltd regarding road and rail interface agreements.

CARRIED


This correspondence has not been prepared as WALGA made contact direct with affected Member Councils to offer assistance in seeking a resolution. The Executive Officer understands that this offer of help has been accepted and that Member Councils received an update from WALGA on Friday 24 June 2016.

The Executive Officer also understands that Brookfield Rail received similar correspondence from the Office of the National Rail Safety Regulator.

The matter is presented for discussion and decision.

Noted

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7.3 Training for Country Councillors - DLGC/WALGA Subsidised Training



Date: 27 June 2016

Attachments: Nil

Background:

As Member Councils may be aware, there is a further lot of subsidised elected member training to be offered during 2016/2017. It will be the final phase of DLGC and WALGA’s subsidised training, funded by the State Government through the Royalties for Regions and Country Local Government Fund program. To be delivered in regional locations across Western Australia at a subsidised cost of only $50 course per Elected Member with the program being delivered in two blocks, approximately a fortnight apart.

WALGA sought comment from the Great Eastern Country Zone (GECZ) on dates proposed to conduct the training. The GECZ Executive Committee considered a series of dates suggested by WALGA when it met on Thursday 16 June 2016. The dates proposed were not suitable as they clashed with the Labor Day long weekend and Country Week Bowls.

The Executive Committee requested that the Executive Officer work with WALGA to finalise dates for the training more appropriate for elected members across the Great Eastern Country Zone.


The Executive Officer has worked with WALGA on finding a series of dates more suited to Member Councils’ needs. Details of proposed dates and the courses to be offered in the final tranche of training are detailed below.

Training Course Host Council Date Understanding Financial Reports and Budgets Kellerberrin 14 March 2017 Sustainable Asset (Infrastructure) Management Kellerberrin 15 March 2017

CEO Performance Appraisals Kellerberrin 4 April 2017 Understanding Strategic Policy in LG Kellerberrin 5 April 2017

Confirmation of dates is still to be received. Member Councils will be notified once the training program has been finalised.

RECOMMENDATION:

That the report be noted and individual Member Councils note the details of the training.

RESOLUTION: Moved: Cr Truran Seconded: Cr Davies

That the report be noted and individual Member Councils note the details of the training. CARRIED

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7.4 Emergency Services Levy



Date: 28 June 2016

Attachments: WALGA Infopage: Special Inquiry into the January 2016 Waroona Fire

Background:

The matter of the Emergency Services Levy (ESL) is one that has caused considerable debate since its introduction in 2002, particularly around the increased contributions to the ESL being forced upon the residents and businesses of Western Australia and the decline in the proportion of funding from consolidated revenue.

WALGA has initiated a project to gain further information and data on the current costs associated with the administration and collection of the ESL on councils, future costs associated with proposed changes to the Emergency Services Legislation and financial modelling to provide recommendations on sustainable funding models for local governments to provide essential emergency services to their communities. This data will be used in advocacy strategies with the State Government.

It is anticipated that the first report from the Consultants will be available shortly following which workshops will be organised for Members to discuss the findings and the way forward.

As Member Councils will be aware, on Thursday 23 June 2016 the Report of the Special Inquiry into the January 2016 Waroona Fire was released. Entitled “Reframing Rural Fire Management”, the full report can be accessed on the Public Sector Commission’s website.

The report contains 17 recommendations for strategic change and 23 agency opportunities for improvement.

An Infopage has also been prepared, a copy of which forms an attachment to the meeting agenda.

In terms of discussion around the ESL, Recommendation 17 suggests that a review of the current arrangements around the levy be undertaken. Recommendation 17 is detailed below.

Recommendation 17: The Department of the Premier and Cabinet to conduct an independent review of the current arrangement for the management and distribution of the Emergency Services Levy. The review will have the specific purpose of:

• seeking input from key entities including the Departments of Treasury,Finance, Fire and Emergency Services, Lands, and Parks and Wildlife,WA Local Government Association, and the Office of Bushfire RiskManagement.

• ensuring the arrangement has the flexibility and agility to deal withemerging bushfire risk priorities.

• establishing a budget process that enables a shift in investment towardsprevention, mitigation and building community resilience and capability.


The Executive Officer seeks direction from Member Councils as to what, if any action they wish to undertake with regard to this matter. In particular, is there sufficient interest from Member Councils to request that WALGA arrange a workshop within the Great Eastern Country Zone to consider the Consultant’s report once completed.

The matter is presented for decision.

Noted

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8.0 ZONE REPORTS

8.1 Zone President Report

Cr Rhonda Cole

8.2 Healthy Wheatbelt (Attachment)

Cr Rhonda Cole, Delegate

Cr Eileen O’Connell, Delegate

Cr Onida Truran, Deputy Delegate

Background:

Presenting the Minutes of the Healthy Wheatbelt Meeting held Tuesday 31 May 2016

RECOMMENDATION:

That the Minutes of the Minutes of the Healthy Wheatbelt Meeting held Tuesday 31 May 2016 be received.

RESOLUTION: Moved: Cr Waters Seconded: Cr Tarr

That the Minutes of the Minutes of the Healthy Wheatbelt Meeting held Tuesday 31 May 2016 be received.

CARRIED

8.3 Local Government Grain Infrastructure Group (LGGIG)

Cr Stephen Strange, Delegate Cr Rod Forsyth, Deputy Delegate

Cr Strange and Cr Forsyth provided a verbal report on the meeting held Monday 4 July 2016. Issues to note from the meeting included:

� Currently the movement of grain on rail is in arbitration between CBH and Brookfield

Rail;

� The LGGIG, in the lead up to the State Election, is looking to meet with the Liberal Party,

the Labor Party and Nationals WA in relation to their respective policy positions on grain

on rail and transport generally;

� WALGA has asked MRWA to test the condition of a road before and after a receival site

is emptied by road to quantify any effect on the condition of the road use;

� The CBH rationalisation strategy and the likely impact on grain transport from farm to

port; and

� The relevance of the LGGIG into the future.

8.4 Wheatbelt District Emergency Management Committee (Attachment)

Mr Ian McCabe, Delegate Mr David Burton, Deputy Delegate

The Executive Officer has been advised that in future any report from the DEMC will be by way of a Communique to align with the practice of the State Emergency Management Committee (SEMC). Minutes will no longer be made available.

A copy of the Communique from the May Wheatbelt DEMC meeting forms an attachment to the agenda.

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A copy of the communique is also available on the SEMC website under the Wheatbelt District portal at the link provided below:

http://www.semc.wa.gov.au/portal/districtemergency/wheatbelt.

RECOMMENDATION:

That the May Communique from the Wheatbelt District Emergency Management Committee meeting held Wednesday 18 May 2016 be noted.

RESOLUTION: Moved: Cr Davies Seconded: Cr Shadbolt

That the May Communique from the Wheatbelt District Emergency Management Committee meeting held Wednesday 18 May 2016 be noted.

CARRIED

8.5 Wheatbelt North Regional Road Group (WBNRRG)

Cr Ricky Store, Chair WBNRRG

Unable to attend the Zone Meeting, Cr Storer provided a written report with a request that the report be discussed. Cr Storer’s report is provided below.

I have met with the Chair of WBS, Craig Manton from Main Roads and Ian Duncan to

discuss the Secondary Collector Freight Routes across all 42 Wheatbelt Shires. I would

like to ensure that all councils consider roads to be included in this plan, and note that it

has support from both WDC and RDA who have shown interest to assist in the

preparation of a business plan that will be used in an attempt to attract Federal funding.

WBN sub groups are to meet later in July to align these routes, and for councils to keep in

mind that generally there will only be 1 or 2 roads per LG that can be eligible, to restrict

the overall project to 80 roads across the Wheatbelt.

The freight route is not restricted to the movement of grain, but is to include all heavy

vehicle traffic and it would be helpful to include freight that is likely to be carried including

minerals, lime, stock etc. It will not replace existing freight routes but will be intended to

design a network for access onto local delivery roads.

A letter has been circulated outlining the criteria and also to emphasise that this project,

while separate from other RAV network issues, will contribute to the overall freight

strategy, and that network alignment and the "final mile" problems are still being

addressed.

The sub group decisions will be used at the WBNRRG meeting to map the collector route

which in turn will be brought together with WBS map.

I would like to congratulate Craig on this initiative and thank WBS, Main Roads and

WALGA for their cooperation.

8.6 Wheatbelt South Regional Road Group (Attachment)

The Shire of Narembeen has offered to provide Member Councils with a report on work undertaken by the Wheatbelt South Regional Road Group.

Presenting the Minutes from the Meeting of the Wheatbelt South Regional Road Group held Wednesday 13 April 2016.

73


RECOMMENDATION:

That the Minutes of the Wheatbelt South Regional Road Group held Wednesday 13 April 2016 be received.

RESOLUTION: Moved: Cr O’Connell Seconded: Mr Jackson

That the report from the Chair of the Wheatbelt North Regional Road Group and the Minutes of the Wheatbelt South Regional Road Group held Wednesday 13 April 2016 be received.

CARRIED

9.0 AGENCY REPORTS

9.1 Department of Local Government and Communities

Nil

9.2 Main Roads WA

Nil

9.3 Regional Development Australia (RDA) Wheatbelt (Attachment)

RDA Wheatbelt’s Executive Officer, Ms Juliet Grist, has submitted a report for noting.

RECOMMENDATION:

That the report submitted by RDA Wheatbelt be noted.

RESOLUTION: Moved: Cr O’Connell Seconded: Cr Waters

That the report submitted by RDA Wheatbelt be noted. CARRIED

9.4 Water Corporation

Nil

9.5 Wheatbelt Development Commission (WDC)

Ms Wendy Newman, CEO Wheatbelt Development Commission Mr Benjamin Robins, Research Officer Wheatbelt Development Commission

Insert notes from the WDC

9.6 WA Local Government Association

Ms Joanne Burges, Regional Cooperation Manager Ms Melissa Pexton, Senior Policy Advisor Community

11.0 MEMBERS OF PARLIAMENT

Nil

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12.0 OTHER BUSINESS

12.1 Thanks to Shire of Merredin

Cr Gary Shadbolt, as Chair of the Central East Aged Care Alliance (CEACA), expressed the appreciation and thanks of CEACA to the Shire of Merredin and in particular the CEO Greg Powell for the considerable contribution that had been made towards the development and submission of CEACA’s successful business case and funding application that had been announced earlier in the day by the Hon Terry Redman MLA, Minister for Regional Development; Lands; Minister assisting the Minister for State Development.

Carried with acclamation

12.2 Request for Great Eastern Country Zone Minutes

Cr O’Connell in her capacity as Chair of the North Eastern Wheatbelt Regional Organisation of Councils (NEWROC) requested that NEWROC be included on the distribution list for the minutes of GECZ meetings.

The Zone President, Cr Cole, agreed to consider this request out of session.

13.0 URGENT BUSINESS as permitted by the Zone President

Nil

14.0 DATE, TIME AND PLACE OF NEXT MEETINGS

Thursday 4 August 2016 In-person breakfast meeting at the Parmelia Hilton commencing at 7.30am

Thursday 4 August 2016 Joint Zones Executive Meeting - Session 5 (4.15pm) of the 2016 Local Government Convention (the meeting is still to be confirmed but once this is done a meeting venue will be advised)

Thursday 1 September 2016 (in-person meeting in Merredin)

15.0 CLOSURE

There being no further business the Chair declared the meeting closed at 12.19pm

DECLARATION

These minutes were confirmed by the Great Eastern Country Zone at the meeting held on Thursday 1 September 2016

Signed _______________________________ Person presiding at the meeting at which these minutes were confirmed

75

Turn to us for innovative solutions

Shire of

Narembeen Age

Friendly

Community

Report and Plan

Part of project covering

Corrigin, Narembeen,

Kulin & Kondinin

4 July 2016

101

ii Shire of Narembeen Age Friendly Community Report and Plan | 4 July 2016

Verso Consulting Pty Ltd

Mail Verso Consulting

PO Box 412

Clifton Hill VIC 3068

Telephone

1800983776

Email [email protected]

Website www.verso.com.au

While Verso Consulting Pty Ltd endeavours to

provide reliable analysis and believes the material

it presents is accurate, it will not be liable for any

claim by any party acting on such information.

© Verso Consulting Pty Ltd

verso® is a registered Australian Trade Mark

(Registration No 1142831)

102

iii Shire of Narembeen Age Friendly Community Report and Plan | 4 July 2016

Corporate Profile

Business Name Verso Consulting Pty Ltd

Corporate Status Registered Company - Corporations Law of Victoria

ACN 095 369 654

Registration for GST Yes

Australian Business Number 92 095 369 654

Date and Place of Incorporation 12th December 2000 in Melbourne, Victoria

Postal Address PO Box 412, Clifton Hill, Victoria, 3068

Registered Office 109 Fergie Street, North Fitzroy, Victoria, 3068

Website www.verso.com.au

Directors Doug Faircloth, Managing Director, Director

William Sullivan, Director

Contact Details Phone +61 3 9489 3233Fax +61 3 9489 3244

Professional Affiliations Aged & Community Services WA (ACSWA)

Aged & Community Services SA & NT

Australian College of Health Service Executives (ACHSE)

Case Management Society of Australia (CMSA)

Insurances Professional Indemnity - $10 Million

Public Liability - $20 Million

WorkCover - Allianz Australia Workers’ Compensation (Victoria) Ltd

WorkCover - Allianz Australia Workers’ Compensation (NSW) Limited

Workers’ Compensation Insurance - Allianz Australia Insurance Limited

(for Western Australia)

WorkCover SA

verso verso is a registered Australian Trade Mark (Registration No 1142831)

Awards Verso is proud to have achieved the following awards:

Winner: ACCV State Awards for Excellence 2010 Industry Supporter Award

Winner: ACSWA State Awards for Excellence 2012 Industry Supporter Award

103

iv Shire of Narembeen Age Friendly Community Report and Plan | 4 July 2016

Contents

1 About The Project .................................................................................................................................. 1

1.1 Developing Benefits.......................................................................................................................................1

1.2 Project Scope ................................................................................................................................................2

1.3 Objectives of the Project ................................................................................................................................2

1.4 Steps taken to develop the Plan ....................................................................................................................2

2 Research and Document Review ......................................................................................................... 4

2.1 Targeted demographic profile ........................................................................................................................4

2.2 Socio Economic and Income data .................................................................................................................5

2.3 Services Profile .............................................................................................................................................7

2.4 Research Findings....................................................................................................................................... 10

3 Consultations ....................................................................................................................................... 12

4 AFC Plan ............................................................................................................................................... 14

List of Tables

Table 1: Current and Projected 55+ Population ...................................................................................................................4



Table 4: SEIFA Values for RoeROC LGAs ..........................................................................................................................6

Table 5: Median Weekly Income ..........................................................................................................................................6

Table 6: HACC Services Narembeen .................................................................................................................................7

Table 7: Summary of reported RoeROC Hospital/MPS Beds ..............................................................................................7

Table 8: Health/Medical Services available in Narembeen ..................................................................................................8

Table 9: Aged Care Supply/Demand ...................................................................................................................................9

Table 10: Age Friendly Community Plan ............................................................................................................................ 14

Table 11: Current Wheatbelt Home Care Providers ........................................................................................................... 15

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1 Shire of Narembeen Age Friendly Community Report and Plan | 4 July 2016

1 About The Project

The Wheatbelt Development Commission’s 2014 Integrated Aged Care Plan identified that one of the most effective

ways to create a strong community is to adopt an age-friendly approach to planning on a local level. As the ageing

population increases, there is a greater priority for local communities to accommodate the lifestyles of seniors in the

community. To support the needs of every WA senior, whether they are 60 or 90, a community must be age-friendly.

Older people generally wish to remain in their own home and continue to be part of their community. They wish to feel

safe, valued and respected in their own community and local governments have a key role in ensuring this can

occur through its own actions but also through stimulation or facilitation of activity by others.

The Shire has developed this plan with support from the State Government. However for an Age Friendly Plan to have

full effect it should aim to stimulate partnerships and shared responsibilities. Thus the role of the Narembeen Shire

arising from the plan is to act directly on some of the identified tasks but to act in a promotional or fostering role to prompt

actions by other stakeholders and community members.

An Age Friendly Community Plan is an Informing Strategy under the WA Integrated Planning and Reporting (IPR)

Framework and needs to be resourced and prioritised as necessary in the Shire’s ongoing corporate planning process.

1.1 Developing Benefits

Age Friendly Communities are those that encourage “active ageing by optimising opportunities for health, participation

and security in order to enhance the quality of life as people age” (World Health Organisation).

An Age Friendly Community is one which:

• recognises the great diversity among older people

• promotes their inclusion and contribution in all areas of community life

• respects their decisions and lifestyle choices and

• anticipates and responds to ageing - related needs and preferences

A community that exhibits these qualities is not only an Age - Friendly Community it tends to better cater for the whole

population, where a wider range of abilities and needs are met. The community, especially seniors, will greatly benefit

from Council developing an Age Friendly Community Plan. The plan will identify key areas required to ensure each local

government is an age-friendly community.

Short term benefits include, giving seniors a voice about the community that they live in, identify existing and required

infrastructure and service levels. The development of an Aged-Friendly Community Plan, identify outcomes and

priorities.

Medium term benefits will include the plan becoming an integral part of Council’s Integrated Planning Strategies.

Having the plan incorporated into Council IPR will provide a range of actions and responsibilities to effectively implement

the plan as well as identifying the required resources and funding.

105


Long Term benefits will ensure that residents, especially seniors, are provided with the support and infrastructure

required to ensure that they are able to continue to live and participate within the community they wish to live in.

1.2 Project Scope

The scope of the project focused on establishing background information for the four participating RoeROC Shires and

engaging with communities directly through community and stakeholder consultations in each one. This Plan contains

the data and learnings from this activity as it relates to Narembeen Shire which will then be supplemented by outcomes

from a local audit of the age friendly Domains.

The approach to the project is largely in line with the Department for Communities’ “Age Friendly Communities - A

Western Australian Approach” and the Wheatbelt Development Commission Aged Care Planning Guide. Due to practical

constraints some of the steps and forms contained in that “toolkit” were adapted to reflect such matters as small

populations of older people, stakeholder availability for consultations and impracticalities/sensitivities around structuring

forums by socio economic status.

The data collected provides evidence to form an Age-Friendly Community Plan for each local government. This plan will

identify issues and challenges and a path to become an Age-Friendly Community. This plan can be used to inform

strategies for Strategic Community Plans and should be integrated with activities arising out of Disability Access and

inclusion Plans (DAIP).

1.3 Objectives of the Project

The following objectives informed this project:

1. Obtain and understand the aging community profile of each community within RoeROC,

2. Engage with the senior members of the each community within RoeROC

3. Identify service providers, service levels and facilities for each of the community within RoeROC

4. Engage with service providers of each of the community within RoeROC

5. Establish the perceived needs of seniors within each community within RoeROC

6. Prioritise the needs of seniors within each community within RoeROC

7. Development of an Age-Friendly Community Plan for each Shire within RoeROC

1.4 Steps taken to develop the Plan

In accordance with an agreed range of activities the following steps have been taken to inform this plan:

• accessing demographic research from earlier Verso Shire focussed Needs Studies

• service provider research

• relevant Shire document review

• Shire level consultations

106


• recording and assessment of consultation feedback

Each of these activities is reported on below preliminary to the proposed Plan which follows. The material available

below can also inform the Narembeen Age Friendly Audit.

107


2 Research and Document Review

2.1 Targeted demographic profile

Narembeen Shire is located in the Wheatbelt region of Western Australia. Narembeen town is 286 kilometres due east

from Perth. The population, as reported in the 2011 Census, was 812. The Shire of Narembeen spans an area of 3,833

square kilometres, which translates to a population density of 0.2 people per km², as compared to WA’s population

density (June 2011) of 0.9 people per km².

The Shire’s population is projected by the ABS to be 831 in 2017; population growth is then projected to decrease to 787

by 2027 although it has to be emphasised that these are only projections, not predictions. Various matters can influence

actual outcomes, including a change to previously common patterns in the Wheatbelt which have seen older people

leave to obtain care. An effective Age Friendly Plan can help reduce or eliminate this pattern.

The Accessibility/Remoteness Index of Australia (ARIA) rates Narembeen as Remote, along with all other areas of the

RoeROC sub-region except Corrigin (which is rated as Moderately Accessible). Narembeen’s ARIA score indicates that it

has very restricted accessibility to a wide range of goods and services and opportunities for social interaction. Within the

catchment of all 43 regional councils in the Wheatbelt, Narembeen sits low at thirty sixth in terms of accessibility.

Population projections

55+ population

55+ population data has been provided as this cohort is important in planning for retirement living infrastructure. It also

provides a basis for future aged population planning and eligibility for entry into retirement living (ILUs). The size of this

population is a broad indicator of the potential demand for older persons’ housing.

Narembeen shows steady growth in the 55+ demographic over the next 15 years. The proportion of the population in

Narembeen aged 55+ will also increase at a steady rate over the next 15 years. At the census in 2011 the proportion of

the population aged 55+ was 32.3%. By 2027 this is estimated to increase to 43.8% (total population projected at 787,

with 345 people aged 70+).

The growth projected in the 55+ population is modest compared with the 70+ cohort as shown below. It is a higher figure

than all other RoeROC Shires but nevertheless below the Wheatbelt average and well below the WA average of 67.8%.

The mismatch between the relative cohort growth rates may bring an increasing level of demand on the age 55+ group

which tends to provide formal care (family/friend). This, in turn, implies increased demand for formal care services

(funded services and programs) beyond that normally generated by older population growth.

Table 1: Current and Projected 55+ Population

Area 2011 Census 2016 Proj 2021 Proj 2026 Proj % inc pop 2011-

2026

Narembeen 262 319 338 345 31.7%

Source: ABS Census 2011 and Customised population projections prepared by ABS for DSS 2012

108


70+ population

Funding of aged care services by the Commonwealth (at home and in residential facilities) is planned according to the

70+ population via “ratios” to guide the funding and provisionof aged care places. By 2021 these ratios will provide target

funding of 78 Residential Care places, 45 Home Care places and 2 Restorative Care places per 1000 people aged 70+

in the population.

Projections show the 70+ aged population of Narembeen increasing 53.2% by 2027. The proportion of the population in

Narembeen aged 70+ will also steadily increase over the next 15 years. In 2011 the census recorded a total population

of all ages of Narembeen as 812, with 111 people aged 70+, meaning 13.7% of the population came into this

demographic. By 2027, that proportion is projected to increase to 21.6% (total population projected at 787, with 170

people aged 70+).

The significant growth in this group in Narembeen over the 15 years from the 2011 census implies a need for and

potential availability of more than 50% more aged care places and, presumably, a significant growth in the less intensive

Home Support (HACC) program. The issue for Narembeen, as a less populated rural location, is who will be available to

provide these services. The mismatch between the relative cohort growth rates implies an increased level of demand on

the age 55+ group which tends to provide formal care (family/friend) and the older groups who need the care. This, in

turn, implies increased demand for formal care services (funded services and programs). The data suggest a need for

major growth in available Home Care based on 70+ population growth (and possibly more due to possible current under

supply) and a substantial growth in high level Residential Care beds (refer sec. 2.3 and Table 7).



2026

Narembeen 111 136 154 170 53.2%


85+ population

Growth of the 85+ population is projected to be extremely low. By comparison the Wheatbelt average 85+ estimated

growth to 2026 is 78.1% and the WA average 98.1%. Thus the projection for Narembeen is a complete outlier.

Sometimes historic patterns of older emigration to other regions/metro areas to obtain care can influence the projections.

If this is the case it is a challenge to ensure services are sufficient in Narembeen to avoid any need for older people to

leave their communities.



2026

Narembeen 29 24 28 30 3.4%


2.2 Socio Economic and Income data

Socio Economic Indexes for Areas

The Australian Bureau of Statistics (ABS) has produced a number of indices based on census data which measure the

level of 'disadvantage' in a given area. These are known as the 'SEIFA' (Socio-Economic Indexes for Areas). The

SEIFA provides an objective scale to determine relative advantage of a particular area against the Australian average, as

well as other areas. Factors such as household income, education, profession, household and dwelling size are

considered.

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The Australia-wide average has been fixed at 1,000, so that generally speaking, an area with a score above 1,000 can

be considered relatively advantaged, and an area with a score below 1,000 can be considered relatively disadvantaged.

The further away from 1,000 a score, the more or less advantaged the given area.

2011 SEIFA data shows that, in 2013, Narembeen was only a little below the Australian benchmark and had increased

its score in the previous period. Factors such a good or bad harvest cycle can strongly influence scores in rural areas.

Narembeen is ranked slightly above the middle of WA’s 140 local governments.

Table 4: SEIFA Values for RoeROC LGAs

Area SEIFA Index Value

(2008) SEIFA Index Value

(2013) Advantage Ranking

(WA) 2013

Corrigin 951 976 61

Kondinin 962 984 70

Kulin 977 1,006 89

Narembeen 937 989 78

Source: ABS Socio-Economic Indexes for Areas (SEIFA), 2008 & 2013

Median Weekly Income

Another measure of relative economic capacity is the number and proportion of people who were receiving an income of

less than $400 per week at the time of the last Census. This was an income level at or around the aged pension. The

following table analyses incomes less than $400 per week in order to capture the segment of the population who are

living on an income just above pension level, such as self-funded retirees who narrowly miss qualifying for the aged

pension.

According to the ABS 2011 Census, Narembeen had around average or less than average proportions of people aged

55+ (48.1%), and 70+ (67.1%) who had a weekly income of less than $400. This was around the Western Australian

figure for 55+ and lower than both the RoeROC and WA proportions for 70+. Thus older people’s average income levels

are not relatively low but there is clearly quite a significant number (170+) on incomes around pension level.

Table 5: Median Weekly Income

Area

Age 55+ Age 70+

# % # %

Corrigin 184 45.4% 98 60.6%

Kondinin 95 39.3% 31 54.4%

Kulin 117 48.1% 47 67.1%

Narembeen 112 42.7% 60 54.1%

RoeROC 508 44.1% 236 58.9%

Western Australia 224,089 42.3% 106,602 56.5%

Source: ABS Census of Population & Housing 2011

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Implications of Socio Economic and Income data

Both sets of data above are only reflective of averages. There will undoubtedly be a considerable variation in economic

circumstances among older residents. In practical terms lower incomes translate as service cost sensitivity, constrained

availability of capital and, combined with relatively low and static property, a limited revenue base for local government.

2.3 Services Profile

HACC services

The following HACC services were reported as being provided in Narembeen:

Table 6: HACC Services Narembeen

Service Type Available Frequency Service Type Available Frequency

Allied Health Care (Centre) No Goods & Equipment Yes As needed

Allied Health Care (Home) No Transport Not funded

Case Management Yes As needed Home Maintenance Yes As needed

Centre Based Day Care Yes Weekly Home Modification Yes As needed

Centre Based Meals Nursing Care (Centre) No

Client Care Coordination Yes Weekly Nursing Care (Home) Yes As needed

Delivered Meals Yes As needed Personal Care Yes As needed

Domestic Assistance Yes Daily Respite Care Yes As needed

Formal Linen Services Yes As needed Social Support Yes As needed

Source: Survey conducted by Verso Consulting, 2013

Health Services

The Narembeen Memorial Hospital has MPS status as a site for Merredin MPS service delivery. Multi Purpose Services

(MPS) are a type of service in regional and remote areas which are established by agreement with the Commonwealth to

provide a range of health and aged care services. Within the block funding provided, the MPS model allows for flexible

utilisation of resources to provide health and aged care tailored to the unique circumstances of the local community,

whether community based or in residential care. MPS in the Wheatbelt are operated by WACHS.

The following table shows the reported bed levels at MPS’s in the ROEROC sub region:

Table 7: Summary of reported RoeROC Hospital/MPS Beds

Hospital/facility Location (LGA) Acute Beds Aged - High Care Aged - Low Care Respite Beds

Corrigin Hospital

(MPS) & Wogerlin

House

Corrigin 9 + 2 A&E 5 10 If bed available

Kondinin/Kulin

Hospital (MPS

Kondinin & Kulin 3 5 4 If bed available

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Hospital/facility Location (LGA) Acute Beds Aged - High Care Aged - Low Care Respite Beds

Merredin MPS –

Narembeen Site

Narembeen 7 7 6 1

There is a local GP service in Narembeen. The Council recruited the GP by offering significant incentives including a

house and provision of surgery premises. The range of health services available at Narembeen is shown in Table 8.

Table 8: Health/Medical Services available in Narembeen

Service Type Local Visiting/Outreach Frequency

Carers Programs No Baptist Care Occasionally

Dental Private Practice

Diabetes (Education) Visiting diabetes educator Every second month

Diagnostic Imaging Chest & Limb-X rays

Palliative Care HACC/Hospital As required

Pathology Yes Pathwest Weekdays

Pharmacy Yes

Physiotherapy Primary health Merredin Weekly

Podiatry No Private Practice Resident GP

Rehabilitation Health/Fitness Centre &

Inpatient Physio

Visiting female doctor

Renal No Primary health Merredin As required

Speech Pathology No

Source: Survey conducted by Verso Consulting 2012

For specialist and other health services travel is required to Merredin or further afield and this was identified in earlier

consultations as a significant problem for older people.

Narembeen’s Strategic Community Plan 2013-23 notes that: “the Medical Centre - - - has hosted a permanent GP for the

past 11yrs. It also hosts a visiting female GP, primary health services including a Child Health Nurse, dietician and

diabetic educator. The Medical Centre is supported by a resident dentist and a District Hospital which provides services

in ante/post natal care, emergency, geriatric, medical – acute, medical – general, paediatrics and palliative care. It also

hosts visiting primary health services including an occupational therapist, physiotherapist, counsellors and podiatrist. A

Gym and Health Centre is located opposite the Hospital”. There is also a private dental practice in Narembeen.

Home Care

The higher form of care in the home is designated as Home Care. This Commonwealth program allows more intensive

care at home across four levels of funding as an alternative the Residential Care. Home Care “packages” are currently

allocated across the Wheatbelt Region to approved providers and MPSs. Earlier aged planning work in the Wheatbelt,

reinforced during consultations for this project, revealed low availability of such packages away from the largest centres.

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Comparison of actual versus planning numbers of aged care places

As mentioned above the Commonwealth plans for and funds aged care based on the number of people in a region/area

aged 70+. Thus it is possible to compare the availability of aged care places in Narembeen against planning benchmarks

using estimated transitional ratios (85/1000 70+ & 35/1000) and end point ratios in 2021 (78/1000 & 45/1000).

Table 9: Aged Care Supply/Demand

Actual versus planning ratio Aged Care places

2016 (136 people 70+) 2021 (170 people 70+)

Residential Care Home Care Residential Care Home Care

Planning ratios 11.5 5 13 7.5

Actual Unknown Unknown ? ?

The implications of the above calculation are that the current 13/14 residential care beds are adequate for Narembeen

Shire itself now and into the immediate future. However insofar as the MPS also provides for older residents from other

areas it may warrant review. Home Care is the unknown factor since it is not clear that there is a significant amount

available at present. If so, and going but experience elsewhere in the Wheatbelt, this is likely to be the area of greatest

deficit in aged care.

Strategic Community Plan

The Strategic Community Plan is “to guide Council towards the communities vision and aspirations” (p.1) with

implementation to be through the development of a four year Corporate Business Plan which contains a set of priorities

and actions. There are four Focus Areas outlined in the Community Plan. These cover Social, Economic, Environment

and Civic Leadership areas. Section 3 of the Strategic Community Plan notes that it not static and is subject to regular

review. This Age Friendly Plan can be seen as amplifying of the Strategic Community Plan – especially in respect of its

Social Action Statements.

Relevant to an age friendly community the proposed Social area Actions cover, among others, matters to do with

retaining the long running GP service, supporting the current level of primary and allied health services, involvement with

local and regional aged care accommodation options and providing infrastructure to facilitate opportunities for older

residents to remain physically and socially active, particularly for those who are socially isolated.

These strategies are very compatible with an AFC Plan.

Disability Access and Inclusion Plan

The 2011-2016 DAIP is under review at present. However it is clear from the earlier plan that there are many items which

are of relevance to older people. For example the access barriers listed at p. 11 of the DAIP are of significance to older

people as much as anyone.

It is clear that there is some overlap between actions under a DAIP and an AFC Plan; which is not surprising given that

many older people live with a disability. In future the obvious approach is to align/coordinate planned strategies between

the two. However the difference is that the DAIP is a statutory requirement on local governments outlining its own

responsibilities whereas an effective Age Friendly Plan will involve a wider range of stakeholders.

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The Narembeen DAIP Implementation Plan specifies Strategies, Tasks, Timelines and Responsibilities under seven

Outcomes related to the specific requirements of DAIPs. A number of those Outcomes align directly to the AFC

Domains, although they are largely confined to the Shire’s facilities and services. These include:

• Outcome 2 – People with disability have the same opportunities - - - - to access the buildings and other facilities of

the Shire - - - .

• Parallels AFC - Outdoor spaces and buildings

• Outcome 3 – People with disability receive information - - - in a format that will enable them to access - - - as readily

as other people - - - .

• Parallels – Communication and information

• Outcome 4 – People with disability receive the same level - - - of service - - - .

• Approximates - Respect and inclusion

• Outcome 6 - People with disability have the same opportunities - - - to participate in any public consultation - -.

• Approximates – Social and civic participation

The following AFC Plan (Sec. 4) follows a similar format as that used in the Narembeen DAIP Implementation Plan to

assist the alignment of the two plans.

2.4 Research Findings

Demographic changes

As in most RoeROC shires projected growth in the 55+ population lags significantly behind the growth in the 70+ and the

85+ populations. The clear implication of these differentials is that, in future, the relative proportion of the “carer” aged

population (55+) will markedly reduce, resulting in a likely extra demand for formal support and care services beyond the

actual growth rates of the older populations. However, in Narembeen, whilst the projection estimate for the 55+

population is less than for the 70+ [population (31.7% vs. 53.2%) it is a higher growth prediction for the 55+ group than

other RoeROC Shires and the discrepancy is not as great. The projected 85+ growth rate is lowest of all and also

dramatically lower than other Shires. This figure is an outlier and may possibly be an artefact. It will be of interest to

compare it with projections from the upcoming 2016 census.

Socio economic data

Narembeen shows as having a socio economic profile only slightly below the Australian benchmark on the last report.

Among the RoeROC Shires it had a relatively smaller proportion of older people on low incomes at the last census and

close to or less than the WA average proportion.

For those of lesser means there are implications ranging from reduced ability to engage in fee paying activities, running a

car, home maintenance, housing options and a reduced ability to contribute to support and care costs.

Services profile

With a hospital providing a range of services, a long standing GP, visiting female doctor, a dentist and a range of health

related services Narembeen is relatively well placed for medical and health related services.

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On paper there is an adequate supply of aged residential care and a HACC service. However, it is not clear that the

community understands the potential for higher levels of care available with Home Care packages or that current

providers are active in the Shire. This is an important issue in light of the demographic data (85+ projections) which

indicates possible drift of older people away from Narembeen – possibly in response to care needs. Forced departure

from their community and families is traumatic for older people and those families and a great loss to the community.

Strategic Community and Disability Access and Inclusion Plans

Narembeen’s Strategic Community Plan links the AFC Plan and the Corporate Business Plan, Long Term Financial Plan

and other strategic plans. This AFC Plan can be the basis upon which the 2013-2023 Strategic Community Plan

responds to the expressed needs of the older community. The Strategic Community Plan contains a range of

complementary proposed Actions which mesh well with the tasks identified in the AFC Implementation Plan below.

Under the Social aspect of the Plan (p. 14) these include:

• Continue to retain the Doctor and Dentist in the Shire for a consistent and accessible service

• Provide continued medical equipment upgrades to the Narembeen Medical Centre

• Strengthen the current Narembeen District Hospital through lobbying and assistance in attracting and retaining health

professionals

• Support the current level of primary and allied health services in the Shire (including the gym) with a view to

increasing the number of services (mental health and dementia care in particular), access to them and appropriate

venues for delivery

• Participate in local and regional aged care accommodation options, selecting best practice for the Shire, coupled with

appropriate and complementary health, recreation and community services e.g. senior citizens, frail aged care

• Provide infrastructure and services that facilitate opportunities for our older residents to remain physically and socially

active, particularly those that are socially isolated, across the Shire

The Shire was undertaking the process of review of its DAIP as this AFC Plan was being developed. A number of the

DAIP Outcomes share common themes with the AFC Domains, particularly Outcome 2 because, while the DAIP is

largely focused on the Shire’s own role and activities as a responsible public entity, Outcome 2 translates into wide effect

because of council’s prime responsibility for much local infrastructure.

Because of the common features between the two plans it makes sense to emphasise their alignments. In effect the AFC

Plan below expands the activity responses and responsibilities beyond those which are the responsibility of the Shire

while at the same time increasing the range of focus areas and bringing matters to prominence for older residents, who

are also the largest cohort of those with a disability.

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3 Consultations

In consultations for its 2016 DAIP Narembeen Shire provided opportunity for respondents to identify features and issues

particularly related to the following Age Friendly domains of:

• Outdoor spaces and buildings

• Transportation

• Housing

• Respect and inclusion

• Social and civic participation (combining “Social participation” and “Civic participation and employment”)

• Communication and information

• Community support and health services (formal services)

Outcomes from this consultation were still being processed at the time of finalisation of this Age Friendly Plan and insofar

as issue are identified with implications for the older community of Narembeen these can be include in the Strategies and

tasks identified in Table 10 below

An interview was also conducted with the Shire CEO and President who provided their view on possible issues under the

age friendly domains. These are noted below as follows:

Outdoor spaces and buildings

Good features Issues

• Not identified • Footpaths

• Some areas identified in previous DAIP still need attention

• A priority could be to link the Recreation Centre to the town

centre/hospital/aged housing/school

• Also connect fitness centre

• Ramp/kerb work is needed

• P.O. doors are still an issue as well as doctor’s surgery

(council building)

Transportation


• Volunteer drivers organised through health service • Loss of Perth-Esperance bus service – people have to go to

Merredin to take train

• Ideal response would be bus service to Merredin for train to

Perth (at right times)

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• HACC bus doesn’t have wheelchair access

Housing


• There are sufficient aged units (2 of 14 vacant)

• Entry to units is open and payment is rental

• Financing of units is through debenture loan from Treasury

under Shire guarantee. Council supports through insurance

and maintenance

• Universal design has been adopted by council

• There is a general housing shortfall

• There is some local capacity for home modification

Respect and inclusion


• There is an active senior citizens, historical society, men’s

shed and arts and crafts group

• Cross generational activities are common

• There are some isolated older people

Social and civic participation


• The CRC is supported and auspiced by council

• Older people included and not seen as a separate group

• None noted

Communication and information


• Older people benefit from Shire practices arising from DAIP • Not noted

Community support and health services


• GP service is “second to none”

• There is a GP registrar

• Shire is part of the RoeROC groups efforts to recruit and

retain services

• HACC service “probably adequate”? – includes maintenance

at present and operates reasonably flexibly

• HACC delivered out of town

• Some people come back from the coast at a late age needing

services

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4 AFC Plan

As mentioned above the following plan follows the format of the DAIP Implementation Plan to facilitate alignment

between the two. This proposed plan should be adjusted as necessary depending on relevant outcomes from DAIP

consultations and any relevant Age Friendly audit issues.

The following AFC Plan should be supplemented by and pursued in concert with comparable action lines in the Shire’s

DAIP Implementation Plan and Strategic Community Plan.

Table 10: Age Friendly Community Plan

Strategy Task Timeline Responsibility

Outdoor spaces and buildings

Facilitate safe and

comfortable movement around

towns and environs

• Consider identified footpath maintenance

and extension issues and factor into

works plans

• Establish seats and shaded locations

2016/17

2017/18

• Shire

• Shire

• Men’s Shed

Provide facilities and spaces

to encourage older people to

be “out and about”

• Work with other township services to

address current access issues identified

in DAIP consultations

Ongoing • Shire (also as

advocate)

• Retail operators

• Service clubs

Transportation

Respond to loss of bus

service to Perth

• Explore options for transport service

Narembeen/Merredin including

coordinated voluntary ride sharing

2016/17 • Shire, WDC

• Community groups

Housing

Support availability of age

appropriate housing

• Encourage new housing and

developments to have suitable access

features (universal design)

• Continue to support seniors retirement

units committee

2016/17

Ongoing

• Shire

• Shire, volunteers

Respect and inclusion

Improve older people’s access

to regular sporting events

• Encourage local sporting clubs or service

clubs to consider inviting and/or bringing

older people to regular home games

Ongoing • Sports Clubs, Service

Clubs

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Strategy Task Timeline Responsibility

Scope requirements for

Narembeen to become a

being a dementia friendly

community

• Establish links with Alzheimer’s WA to

seek their support in creating a dementia

friendly program

2017/18 • Shire, Health Service

Social and civic participation

Maximise older people’s

employment potential

• Encourage future Home Care providers to

recruit locally among experienced and

well older people

2016/17 • Shire, Health Service,

Providers

Maintain high level of

volunteering

• Explore potential for greater engagement

of older school kids including potential

incentives for younger people to volunteer

2016/17

• Shire, High School,

Volunteer Groups

Communication and information

Assist older people to use of

modern communication media

• Encourage connections between older

people and high school to enable younger

people to assist in use of modern media

2016/17 • High School, CRC,

Seniors Groups

Ensure events are well

advertised

• Encourage organisers to be active in

promoting events e.g. through The Fence

Post

Ongoing • Clubs, Service Groups,

Weekly Update editors

Aim to make regular

communications available as

widely as possible

• Encourage shire staff and community

groups to communicate in formats

accessible to all

Ongoing • Shire, Community

Groups

Community and health services

Provided necessary formal

aged service supports

sufficient for older people to

remain at home as they age

• Collaborate with other RoeROC shires to

approach Home Care providers to seek

provision of Home Care

• Support interested Home Care providers

to establish local outlet e.g. work space

• Support Narembeen community to seek

secure dementia capacity at Health

Service

2016/17

2016/17

• Shire, RoeROC (N.B.

provider list below)

• Shire, Health Centre

• Shire, WACHS

Facilitate other supports for

older people to remain at

home

• Consider ways in which garden and

general maintenance may be made

available at cost

2017/18 • Service Groups, Men’s

Shed, Local Enterprise,

Shire

Table 11: Current Wheatbelt Home Care Providers

Managed From Provider Package Level

Across Wheatbelt WA Country Health Service Levels 1/2

Girrawheen and Welshpool Baptistcare Inc. Levels 1/2/3/4

Pingelly, Toodyay, Northam Silver Chain Nursing Association Incorporated Levels 1/2/3/4

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Managed From Provider Package Level

Narrogin Town of Narrogin Levels1/2

Northam Share & Care Community Services Group Incorporated Levels 1/2

Northam Uniting Church Homes Levels 1/2/3/4

Toodyay Perth Home Care Services Inc. (now Avivo) Levels 1/2/3/4

Wagin Shire of Wagin Levels1/2

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AGENDA ITEM: 8.4.2 - Proposed Scheme Amendment 7

Subject: Scheme Amendment Applicant: Shire of Narembeen File Ref: Disclosure of Interest (Consultant Planner): Financial Interest as receive planning fees for advice to the Shire – Section 5.60A of Local Government Act 1995 Disclosure of Interest (Member): Author: Liz Bushby, Gray & Lewis Landuse Planners Date: 8 July 2016 Attachment/s: Draft Town Planning Scheme

BACKGROUND

• Planning & Development (Local Planning Schemes) Regulations 2015 (‘theRegulations’)

The Planning and Development (Local Planning Schemes) Regulations 2015 were gazetted on 25 August 2015 and became effective on 19 October 2015.

The Regulations have introduced ‘deemed provisions’ that automatically apply to every Local Planning Scheme in Western Australia including the Shire of Narembeen Town Planning Scheme No 2 (‘the Scheme’).

The ‘deemed provisions’ cover matters that are generally common to most town planning schemes throughout Western Australia, including;

- Content and process for Structure Plans- Heritage- Information to be lodged for planning applications- Advertising of applications- Matters to be considered by the local government- Powers of the Scheme- Offences- Planning Policies – advertising and adoption process- Delegation powers

The majority of these deal with administration matters, requirements for applications and processes.

• Council resolution

In April 2016 Council resolved to generally support an amendment to the Shire of Narembeen Town Planning Scheme No 2 to align it with the Regulations.

Council also requested that the amendment include: - Controls over ‘transportable, prefabricated or relocated buildings’;- A review of the Zoning Table;- Introduction of more landuse definitions as available under the Model Scheme

Text (which form part of the Regulations).

COMMENT

1. SUMMARY OF PROPOSED SCHEME AMENDMENT

121

The proposed amendment will make changes to the Scheme Text as summarised below:

1. Deleted entire sections of the Shire of Narembeen Town Planning SchemeNo 2 (‘the Scheme’) which have become superceded by ‘deemed provisions’of the Regulations.

2. Expand the number of landuses listed in ‘Table 1 – Zoning Table’.

3. Expand the number of definitions listed in Schedule 1 of the Scheme, replaceolder definitions with more updated definitions from the Regulations, anddelete definitions that are no longer relevant.

4. Incorporate controls over ‘second hand dwellings’, ‘repurposed dwellings’ and‘transportable, prefabricated or relocated buildings’. These types ofdevelopments will require planning approval.

5. Include landuse definitions for ‘intensive’ and ‘extensive’ agriculture.Extensive agriculture will be ‘permitted’ in the Farming zone and ‘intensive’agriculture will require planning approval in the Farming zone.

6. Include a landuse definition for ‘animal husbandry – intensive’ which ‘meanspremises used for keeping, rearing or fattening of pigs, poultry (for egg ormeat production), rabbits (for meat or fur production) or other livestock infeedlots, sheds or rotational pens.’

One significant change is that pigs and chickens will be dealt with in the sameway as cows and sheep. A free range piggery or free range chicken farmwith low stocking rates will be classified as ‘extensive agriculture’ and be apermitted use in the Farming zone (the same as cows and sheep).

Any feedlots (for sheep, cows or pigs) or more intensive poultry farms will beconstrued as ‘animal husbandry – intensive’ requiring advertising andplanning approval in the Farming zone.

6. Exempt garages and outbuildings in the Farming zone from requiring planningapproval unless the proposal entails a setback variation, has a combined floorarea exceeding 300m2 , is in a heritage area, has no constructed roadaccess, is a lot less than 10 hectares or is a ‘transported, prefabricated orrelocated building’.

7. Exempt carports in the Farming zone from planning approval unless theyhave an aggregate floor area exceeding 100m2.

8. Exempt outbuildings and garages on a Residential lot from planning approvalunless a variation to the Residential Design Codes (R-Codes’) is proposed orit is a ‘transported, prefabricated or relocated building’.

9. Exempt certain types of fencing from planning approval, including:- Dividing fencing;- Front fencing on a residential lot that complies with the R-Codes;- Front fencing which is see-through in the Industrial and Farming zone.

2. TYPE OF SCHEME AMENDMENT

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Under the Regulations there are three types of amendments being Basic, Standard and Complex. Council has to determine which category the amendment falls under.

It is recommended that Council resolve to process the amendment as a ‘standard’ amendment for the following reasons:

- the amendment would have minimal impact on land in the scheme area thatis not the subject of the amendment; and

- the amendment does not result in any significant environmental, social,economic or governance impacts in the scheme area.

3. SCHEME AMENDMENT PROCESS

The Scheme amendment process is summarised below:

(i) Council resolution to adopt the amendment (for the purpose of initiatingadvertising).

(ii) Preparation of formal scheme amendment documents by Gray & Lewis.Documents to be signed by the Chief Executive Officer and Shire President.

(iii) Referral of amendment to the Environmental Protection Authority (EPA).Once EPA has confirmed no environmental assessment is required advertising can

commence.

(iv) Advertising of the amendment for no less than 42 days.

(v) Report item to Council to consider whether to adopt the amendment (with orwithout modifications). Council has to consider each submission lodgedduring public advertising.

(vi) Documents to be signed by the Chief Executive Officer and Shire President.Documents also to be stamped with the Shire seal.

(vii) Formal lodgement of scheme amendment to the Western Australian PlanningCommission seeking final approval by the Minister for Planning.

Note: The Minister may require modifications to the amendment prior to granting final approval.


Planning and Development (Local Planning Schemes) Regulations 2015 – Main issues discussed in the body of this report.

Shire of Narembeen Town Planning Scheme No 2 – Main issues discussed in the body of this report.


The Shire pays consultancy fees to Gray & Lewis Landuse Planners.

POLICY IMPLICATIONS

Not Applicable.

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COMMUNITY STRATEGIC PLAN IMPLICATIONS Not Applicable. OFFICER RECOMMENDATION That Council:

1. Pursuant to Section 75 of the Planning and Development Act 2005, resolve to prepare or adopt Amendment No 7 to the Shire of Narembeen Town Planning Scheme No. 2 by:

i. Deleting the following Parts and Schedules (in their entirety) from the Scheme

Text, as they have been superseded by the deemed provisions set out in the Planning and Development (Local Planning Scheme) Regulations 2015 Schedule 2:

• Clause ‘4.19 STRUCTURE PLANS’ ;

• ‘PART V HERITAGE – PRECINCTS AND PLACES OF CULTURAL

SIGNFICANCE’ ;

• ‘PART VI USE AND DEVELOPMENT OF LAND’ ;

• ‘PART VIII – ADMINISTRATION’ ;

• ‘SCHEDULE 5 – APPLICATION FOR APPROVAL’;

• ‘SCHEDULE 6 – NOTICE OF PUBLIC ADVERTISEMENT OF

DEVELOPMENT PROPOSAL’;

• ‘SCHEDULE 7 – DECISION ON APPLICATION FOR PLANNING

APPROVAL’.

ii. Replacing roman numerals with numbers used for each Part throughout the Scheme Text as follows:

• ‘PART I – PRELIMINARY’ to ‘PART 1 – PRELIMINARY’;

• ‘PART II – RESERVES’ to ‘PART 2 – RESERVES’;

• ‘PART III – ZONES’ to ‘PART 3 – ZONES’ ;

• ‘PART IV – GENERAL DEVELOPMENT REQUIREMENTS’ to ‘PART

4 – GENERAL DEVELOPMENT REQUIREMENTS’ ;

• ‘PART VII – NON CONFORMING USES’ to ‘PART 5 – NON

CONFORMING USES’ .

iii. Deleting references to the following terms and replacing them with the corresponding term throughout the Scheme Text:

• ‘Town Planning Scheme’ replaced with ‘Local Planning Scheme’ ;

• ‘TPS’ replaced with ‘LPS’ ; (including in the footer of the Scheme

Text)

• ‘Council’ replaced with ‘Local government’ ;

• ‘Residential Planning Codes’ to ‘Residential Design Codes’

• ‘planning approval’ replaced with ‘development approval’

• ‘Town Planning and Development Act, 1928 (as amended)’ replaced with ‘Planning and Development Act 2005’;

• ‘Clause 6.3’ to ‘Clause 64 of the deemed provisions’. iv. Update the following clauses (including renumbering as required):

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• Under Clause ‘1.2 RESPONSIBLE AUTHORITY:’ delete ‘hereinafter

called “the Council”’ after the words ‘Shire of Narembeen’.

• Add to Clause ‘1.5 CONTENTS OF THE SCHEME:’ the following:

‘b) the deemed provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2;

c) the supplemental provisions contained in Schedule A; and’

• Delete the entire Clause ‘1.6 ARRANGEMENT OF THE SCHEME TEXT:’

• Modify Clause ‘1.7 SCHEME OBJECTIVES:’ to Clause ‘1.6 AIMS OF SCHEME’ and replace ‘The objectives of the Scheme are:’ with ‘The aims of this Scheme are:’

• Renumber Clause ‘1.8 DEFINITIONS:’ to Clause ‘1.7 DEFINITIONS:’ and

- renumber sub-clauses ‘1.8.1, 1.8.2 and 1.8.3’ to ‘1.7.1, 1.7.2 and 1.7.3’

- Replace cross reference to sub-clauses ‘1.8.2 and 1.8.3’ under new sub-clause 1.7.1 with ‘1.7.2 and 1.7.3’ ;

• Insert ‘RESIDENTIAL DEVELOPMENT’ after ‘FARMING’ under Clause 3.1.1 ;

• Modify Clause 4.1.1 to replace ‘Appendix 2 to the Statement of Planning Policy No. 1’ with ‘State Planning Policy 3.1’ ;

• Replace sub-clause ‘4.5.1 Sub-clause 4.5.2’ with ‘4.4.1 Sub-clause 4.4.2’ ;

• Replace sub-clause ‘4.5.2 Subject to sub-clause 4.5.1’ with ‘4.4.2 Subject to sub-clause 4.4.1’ ;

• Delete Clause 4.15.2 b) under ‘General Provisions’ applicable to the Special Rural zone which states:

‘b) the Council may recommend that an Overall Plan of

Subdivision or a Guide Plan be prepared for a specific area zoned Special Rural showing, amongst other things: (i) the proposed ultimate subdivision including lot sizes and

dimensions. (ii) areas to be set aside for public open space, pedestrian

accessways, horse trails, community facilities, etc. as may be considered appropriate.

(iii) those physical features it is intended to conserve. (iv) the proposed staging of the subdivision where relevant.’

And insert a new Clause 4.15.2 b) as follows: ‘b) The Western Australian Planning Commission, may require the

preparation of a Structure Plan under Part 4 of the deemed provisions, for a specific area zoned Special Rural where is it required for the orderly and proper planning of the area.’

• Modify existing clause ‘4.15.2 d)’ by replacing ‘Overall Plan of Subdivision or Guide Plan adopted by the Council’ with ‘adopted Structure Plan’;

• Modify sub-clause ‘4.16.3’ by replacing ‘criteria’ with ‘matters’.

• Re-number sub-clauses 7.1 to 7.5 to 5.1 to 5.5 relating to non conforming uses;

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• Re-number sub-clauses 7.4.1 and 7.4.2 to 5.4.1 and 5.4.2 relating to non conforming uses.

v. Renumber the following Clauses and sub-clauses as required:

Existing Clause number Proposed Clause number 4.4 CARPARKING REQUIREMENTS:

4.3 CARPARKING REQUIREMENTS:

4.5 DISCRETION TO MODIFY DEVELOPMENT STANDARDS:

4.4 DISCRETION TO MODIFY DEVELOPMENT STANDARDS:

4.6 DEVELOPMENT LIMITED BY LIQUID WASTE DISPOSAL:


4.7 SUPPLY OF POTABLE WATER: 4.6 SUPPLY OF POTABLE WATER: vi. Deleting existing Clause 4.3 OBJECTIVES OF THE ZONE: for the

‘Residential Development Zone’ which states as follows:

‘4.3 OBJECTIVES OF THE ZONE:

• Residential Development Zone

o To allow for the progressive development of land for

predominately residential purposes together with compatible uses.

o To retain the single house as the predominant form of residential development and maintain flexibility to cater for a variety of housing choice and future housing needs.

o To allow for incidental non-residential uses only where the local amenity is not adversely affected.

o To ensure that subdivision occurs in a co-ordinated manner and has regard for other future subdivisions in the area.’

And insert Clause ‘4.18.1 Objectives’ applicable to the Residential

Development zone as follows:

‘4.18.1 Objectives a) To allow for the progressive development of land for

predominately residential purposes together with compatible uses.

b) To retain the single house as the predominant form of

residential development and maintain flexibility to cater for a variety of housing choice and future housing needs.

c) To allow for incidental non-residential uses only where the local amenity is not adversely affected.

d) To ensure that subdivision occurs in a co-ordinated manner and has regard for other future subdivisions in the area.’

vii. Re-number sub-clause ‘4.18.1 Site Requirements’ to ‘4.18.2 Site

Requirements’ (applicable to the Residential Development zone). viii. Re-number sub-clause ‘4.18.2 Structure Plan Requirement:’ to 4.18.3

Structure Plan Requirement:’ (applicable to the ‘Residential Development zone)’ and modify the sub-clause by:

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- inserting the word ‘generally’ after ‘The Local Government is’- replacing ‘clause 4.19 of the Scheme.’ with ‘Part 4 of the deemed

provisions or the decision satisfies Regulation 27 (2) (a) and (b) of thedeemed provisions.’

ix. Deleting existing Clause ‘4.8 TRANSPORTED DWELLINGS:’ which states asfollows:

‘4.8 TRANSPORTED DWELLINGS:

4.8.1 Within the Scheme area a building may not be placed on a lot and occupied as a dwelling following transportation as a whole or as parts of a building unless in the opinion of the Council, such building is in a satisfactory condition and will not detrimentally affect the amenity of the area; or the building has been specifically constructed as a transportable dwelling.

4.8.2 An applicant for a building licence for a transported building may be required by the Council to enter into a contract and provide a bond to reinstate the building to an acceptable standard of presentation within a period of twelve months from the issue of a building licence for such a dwelling.’

And insert a new Clause 4.7 as follows:

‘4.7 TRANSPORTABLE, PREFABRICATED OR RELOCATED BULDINGS:

4.7.1 The local government may permit the erection or placement of a transportable, prefabricated or relocated building on a lot providing it is satisfied that the building: a) is in a satisfactory condition or can be externally upgraded to a

satisfactory standard;b) will not detrimentally affect the amenity of the area having regard

to the zoning of the lot and the use proposed for the building;c) is permanently affixed to the ground;d) the facades, colours, materials and design features of the

building are appropriate to that prevailing or proposed in thevicinity.

4.7.2 In relation to 4.7.1 the local government will have regard to the following matters: a) the proximity to and the visibility of the building from a street orother public place;b) the intention to prevent box-shaped structures, regardless of the

use of the building, where they are visible from a street or otherpublic place;

c) the impact on the existing or future streetscape.’

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x. Inserting a new Clause 4.8 as follows: ‘4.8 REPURPOSED DWELLING OR SECOND HAND DWELLING: 4.8.1 In determining an application for a Repurposed Dwelling or Second

Hand Dwelling, the local government will have regard to the following matters:

a) The objectives of the relevant zone; b) The ability of the built form including roof pitch, eaves, colours,

material and architectural details to complement the expected character of the locality;

c) The potential for negative visual impact or conflict with any established streetscape and character of the locality;

d) Any proposed upgrading, alterations and additions which will enhance the elevations and architectural detail of proposed development;

e) Potential glare from reflective materials; f) The potential for existing or proposed landscaping and

vegetation to mitigate visual impacts of the development; g) Landscape protection and landscape characteristics of the locality.’ xi. Modifying existing sub-clause 4.11.3 b) which currently states: ‘b) no horse or other hoofed animal shall be kept on any lot in the

Residential zone.’ To state as follows: ‘b) no horse, hoofed animal or beast of burden shall be kept on any lot in

the Residential zone.’ xii. Modifying ‘Table 1 – Zoning Table’ by:

• Replacing ‘intensive agriculture’ with ‘agriculture – intensive’ , ‘public worship’ with ‘place of worship’ and ‘restaurant’ with ‘restaurant / café’ with modified landuse permissibility symbols;

• Deleting ‘industry – noxious’, ‘industry – service’, ‘piggery’ and ‘poultry farm’;

• Replacing ‘civic building’ with ‘civic use’ , ‘industry general’ with ‘industry’ , and ‘rural pursuit’ with ‘rural pursuit/hobby farm’;

• Inserting ‘’agriculture – extensive’, ‘animal husbandry – intensive’, ‘bed and breakfast’, ‘child care premises’, ‘community purpose’, ‘family day care’, ‘home business’, ‘home store’, ‘lunch bar’, ‘medical centre’, ‘repurposed dwelling’, ‘rural home business’, ‘second hand dwelling’, ‘showroom’, and ‘warehouse/storage’ with landuse permissibility symbols;

• Changing the landuse permissibility for a ‘single house’, ‘ancillary accommodation’ and ‘transport depot’;

• Reformatting the table as required so all landuses are listed in number and alphabetical order as follows:

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RE

SID

EN

TIA

L

TO

WN

C

EN

TR

E

RU

RA

L

TO

WN

SIT

E

IND

US

TR

IAL

SP

EC

IAL

R

UR

AL

RU

RA

L

EN

TE

RP

RIS

E

FA

RM

ING

RE

SID

EN

TIA

L

DE

VE

LO

PM

EN

T

1 abattoir SA SA

2 aged or dependent persons dwelling

AA AA

3 agriculture – extensive AA P

4 agriculture - intensive SA AA

5 ancillary accommodation P

AA

P

AA

AA AA AA

6. animal husbandry – intensive SA

7 bed and breakfast AA SA AA SA AA AA SA

8 caretaker’s dwelling IP IP IP IP IP IP

9 child care premises SA AA AA SA

10 civic use building P AA AA

11 club premises AA AA

12 community purpose SA P AA AA AA AA AA

13 education establishment SA AA AA AA SA

14 family day care AA AA AA SA

15 fuel depot P AA

16 grouped dwelling AA AA AA AA AA

17 home occupation AA AA AA AA AA AA

18 home business SA SA AA SA AA SA

19 home store SA AA AA SA SA

20 hotel AA SA

21 industry - cottage AA AA AA AA AA AA

22 industry - extractive AA

23 industry general AA

24 industry - light SA P SA

25 industry - rural SA AA AA

16 industry noxious SA

18 industry – service SA P

19 intensive agriculture AA P

26 lunch bar P AA P

27 medical centre SA P AA AA

28 motel SA P

29 motor vehicle repair SA P

30 office P AA

31 piggery SA SA

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31 place of worship SA SA SA

32 plant nursery SA P AA P SA AA AA

34 poultry farm SA

33 public utility AA AA AA AA AA AA AA AA

27 public worship AA AA AA

34 residential building AA AA AA AA

35 restaurant/cafe P AA SA

36 repurposed dwelling AA SA AA IP AA AA AA SA

37 rural home business AA

38 rural pursuit/hobby farm SA AA P

39 second hand dwelling AA SA AA IP AA AA AA SA

40 service station SA SA AA AA

41 shop P AA SA

42 showroom AA AA P AA SA

43 single house P AA P AA P

AA P P

44 transport depot SA P

SA P SA

45 veterinary hospital SA SA P AA AA

46 warehouse/storage AA P

Note: The changes to the Zoning Table are shown in red text for ease of advertising and comparison. All text in the zoning table will appear in the Scheme as black font if the amendment is granted final approval by the Minister.

xiii. Deleting existing terms and definitions in ‘SCHEDULE 1 – DEFINITIONS’ asfollows:

• Act

• advertisement

• aquiculture

• battle axe lot

• building envelope

• camping area

• chalet

• civic building

• Commission

• conservation

• cultural heritage significance

• development

• guesthouse

• heritage precinct

• hobby farm

• industry – general

• land

• local shop

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• net lettable area

• non conforming use

• owner

• piggery

• place

• potable water

• poultry farm

• restoration

• schedule

• zone

xiv. Insert a new heading ‘(1) Terms Used’ in ‘SCHEDULE 1 – DEFINITIONS’and insert new terms for building envelope, commercial vehicle, Commission,net nettable area; non-conforming use, retail, R-Codes and TransportablePrefabricated or Relocated Building as follows:

‘(1) Terms Used

building envelope: means the area of land within which all buildings andeffluent disposal facilities on a lot must be contained;

commercial vehicle: means a vehicle, whether licenced or not, that has agross vehicle mass of greater than 4.5 tonnes including —a) a utility, van, truck, tractor, bus or earthmoving equipment; andb) a vehicle that is, or is designed to be an attachment to a vehicle

referred to in paragraph (a);

Commission: means the Western Australian Planning Commission constituted under the Planning and Development Act 2005.

net lettable area or nla: means the area of all floors within the internal finished surfaces of permanent walls but does not include the following areas — a) stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms,

escalators, tea rooms and plant rooms, and other service areas;b) lobbies between lifts facing other lifts serving the same floor;c) areas set aside as public space or thoroughfares and not for the

exclusive use of occupiers of the floor or building;d) areas set aside for the provision of facilities or services to the floor or

building where those facilities are not for the exclusive use ofoccupiers of the floor or building;

non-conforming use: has the same meaning as it has in section 12(2)(a) of the Planning and Development Act 2005; Retail: means the sale or hire of goods or services to the public;

R-Codes: means the Residential Design Codes prepared by the WesternAustralian Planning Commission under section 26 of the Act, as amendedfrom time to time.

Transportable, Prefabricated, or Relocated Building: means any building that is not a dwelling, and: a) is a building proposed to be transported as a whole or in parts; or

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b) most or all of the components of the building are prefabricated offsite for assembly on site; or

c) is a second hand building or is clad with second hand materials.’

xv. Relocate and list existing terms from ‘SCHEDULE 1 – DEFINITIONS’ underthe new heading ‘(1) Terms Used’ in ‘SCHEDULE 1 – DEFINITIONS’ inalphabetical order:

constructed road: means a track which has been graded and stabilisedwithin a dedicated road reserve.

District: means the Municipal District of the Shire of Narembeen.

gazettal date: means the date of which notice of the Minister's approval ofthis Scheme is published in the Government Gazette.

public authority: shall have the same meaning given to it in and for thepurposes of the Act.

xvi. Insert ‘(2) in ‘SCHEDULE 1 – DEFINITIONS’ as follows:

(2) A word or expression that is not defined in this Scheme —a) has the meaning it has in the Planning and Development Act

2005;orb) if it is not defined in that Act — has the same meaning as it

has in the R-Codes.

xvii. Insert a new heading ‘(3) Landuse Terms Used’ in ‘SCHEDULE 1 ––DEFINITIONS’ before the ‘abattoir’ definition.

xviii. Delete existing definitions in ‘SCHEDULE 1 – DEFINITIONS’ and replacethem with definitions from the ‘Model provisions for local planning schemes’contained in ‘Schedule 1’ of the ‘Planning and Development (Local PlanningSchemes) Regulations 2015’ to be inserted in alphabetical order under ‘(3)Landuse Terms Used’ in ‘SCHEDULE 1 – DEFINITIONS’ as follows:

• abattoir;

• ‘intensive agriculture’ to be replaced with ‘agriculture – intensive’

• caravan park

• caretaker’s dwelling

• civic use

• club premises

• consulting rooms

• education establishment

• fuel depot

• home occupation

• hotel

• industry

• industry – light

• market

• medical centre

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• ‘motor vehicle and marine sales’ to be replaced with ‘motor vehicle,

boat or caravan sales’

• ‘public worship’ to be replaced with ‘place of worship’

• ‘restaurant’ to be replaced with ‘restaurant/ café’

• ‘rural pursuit’ to be replaced with ‘rural pursuit/ hobby farm’

xix. Insert new landuse definitions under ‘(3) Landuse Terms Used’ in‘SCHEDULE 1 – DEFINITIONS’ as follows:

agriculture — extensive means premises used for the raising of stock or crops including outbuildings and earthworks, but does not include agriculture — intensive or animal husbandry — intensive;

animal establishment means premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry — intensive or veterinary centre;

animal husbandry — intensive means premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production) or other livestock in feedlots, sheds or rotational pens;

bed and breakfast means a dwelling — (a) used by a resident of the dwelling to provide short-term accommodation,including breakfast, on a commercial basis for not more than 4 adult personsor one family; and(b) containing not more than 2 guest bedrooms;

child care premises means premises where — a) an education and care service as defined in the Education and Care

Services National Law (Western Australia) section 5(1), other than afamily day care service as defined in that section, is provided; or

b) a child care service as defined in the Child Care Services Act 2007section 4 is provided;

community purpose means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit;

family day care means premises where a family day care service as defined in the Education and Care Services National Law (Western Australia) is provided;

home business means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out a business, service or profession if the carrying out of the business, service or profession — a) does not involve employing more than 2 people who are not members

of the occupier’s household; andb) will not cause injury to or adversely affect the amenity of the

neighbourhood; andc) does not occupy an area greater than 50 m2 ; andd) does not involve the retail sale, display or hire of any goods unless the

sale, display or hire is done only by means of the Internet; ande) does not result in traffic difficulties as a result of the inadequacy of

parking or an increase in traffic volumes in the neighbourhood; andf) does not involve the presence, use or calling of a vehicle of more than

4.5 tonnes tare weight; and

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g) does not involve the use of an essential service that is greater than the use normally required in the zone in which the dwelling is located;

home store means a shop attached to a dwelling that — a) has a net lettable area not exceeding 100 m2 ; and b) is operated by a person residing in the dwelling; lunchbar means premises or part of premises used for the sale takeaway food (in a form ready to be consumed without further preparation) within industrial or commercial areas. motel means premises, which may be licensed under the Liquor Control Act 1988 — a) used to accommodate guests in a manner similar to a hotel; and b) with specific provision for the accommodation of guests with motor vehicles; park home park means premises used as a park home park as defined in the Caravan Parks and Camping Grounds Regulations 1997 Schedule 8; repurposed dwelling means a building or structure not previously used as a single house, which has been repurposed for use as a dwelling.

rural home business means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out a business, service or occupation if the carrying out of the business, service or occupation — a) does not involve employing more than 2 people who are not members of

the occupier’s household; and b) will not cause injury to or adversely affect the amenity of the neighbourhood; and c) does not occupy an area greater than 200 m2 ; and d) does not involve the retail sale, display or hire of any goods unless the

sale, display or hire is done only be means of the Internet; and e) does not result in traffic difficulties as a result of the inadequacy of

parking or an increase in traffic volumes in the neighbourhood; and f) does not involve the presence, use or calling of more than 3 vehicles at

any one time or of a vehicle of more than 30 tonnes gross weight; second-hand dwelling means a dwelling that has been in a different location, and has been dismantled and transported to another location (in whole or in parts) for habitable purposes, but does not include a new modular or transportable dwelling; serviced apartment means a group of units or apartments providing — a) self-contained short stay accommodation for guests; and b) any associated reception or recreational facilities; telecommunications infrastructure means premises used to accommodate the infrastructure used by or in connection with a telecommunications network including any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure related to the network; tourist development means a building, or a group of buildings forming a complex, other than a bed and breakfast, a caravan park or holiday accommodation, used to provide — a) short-term accommodation for guests; and b) onsite facilities for the use of guests; and c) facilities for the management of the development;

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warehouse/storage means premises including indoor or outdoor facilities used for — (a) the storage of goods, equipment, plant or materials; or(b) the display or sale by wholesale of goods;

xx. Inserting a new Schedule A following ‘SCHEDULE 4 – SPECIAL RURALZONE’ with Supplemental Provisions to the Deemed Provisions of thePlanning and Development (Local Planning Scheme) Regulations 2015 asfollows:

‘SCHEDULE A - SUPPLEMENTAL PROVISIONS TO THE DEEMED PROVISIONS

(Additional provisions to the Deemed Provisions of the Regulations)

Shire of Narembeen

These provisions are to be read in conjunction with the deemed provisions (Schedule 2) set out in the Planning and Development (Local Planning Schemes) Regulations2015.

PART 7 – REQUIREMENT FOR PLANNING APPROVAL Clause 61 (1)

The development approval of the Local government is not required for the following

development of land:

(k) The erection or extension of a single house on a lot in the Farming zoneunless the development;

(i) is located in a place that is:

- entered in the Register of Heritage Places under the Heritage ofWestern Australia Act 1990; or

- the subject of an order under Part 6 of the Heritage of WesternAustralia Act 1990; or

- included on a heritage list prepared in accordance with thisScheme; or- within an area designated under the Scheme as a heritage area;

or- the subject of a heritage agreement entered into under the

Heritage of Western Australia Act 1990 section 29.

(ii) is on a lot abutting an unconstructed road or a lot which does not havefrontage to a gazetted constructed road;

(iii) entails a variation to the Site Requirements or DevelopmentRequirements applicable to the Farming zone (including buildingsetbacks).

(l) The erection or extension of a single house on a single lot in the ResidentialDevelopment zone unless:

(i) there is no approved Local Structure Plan and subdivision;

(ii) the development entails a variation to the Residential Density Codeapplicable to the lot on an approved Local Structure Plan.

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(m) the erection or extension of an external fixture, patio, pergola, veranda, outbuilding, garage, carport or swimming pool on a lot in the Farming zone unless:

(i) the development is located in a place that is:

- entered in the Register of Heritage Places under the Heritage of Western Australia Act 1990; or

- the subject of an order under Part 6 of the Heritage of Western Australia Act 1990; or

- included on a heritage list prepared in accordance with this Scheme; or

- within an area designated under the Scheme as a heritage area; or

- the subject of a heritage agreement entered into under the Heritage of Western Australia Act 1990 section 29;

(ii) the aggregate floor area of any carport on a lot exceeds 100m2 ; (iii) the aggregate floor area of all outbuildings and/or garages on a lot

exceeds 300m2 ; (iv) the development is on a lot abutting an unconstructed road or a lot

which does not have frontage to a gazetted constructed road ; (v) the development entails a variation to the Site Requirements or

Development Requirements applicable to the Farming zone (including building setbacks);

(vi) the development is a Transported, Prefabricated or Relocated building;

(vii) the lot has an area less than 10 hectares.

(n) The erection or extension of an outbuilding or garage on the same lot as a dwelling if the R-Codes apply to the development and the development satisfies the deemed-to-comply requirements of the R-Codes unless – (i) the outbuilding or garage is a Transportable, Prefabricated or

Relocated building.

(o) the erection of a 1.8 metre high dividing boundary fence behind the front setback required by the Residential Density Codes or building setback applicable to the relevant zone (if no R Code applies).

(p) the erection of visually permeable fencing in the front building setback area in the Industrial and Farming zone.

(q) the carrying out of any works on, in, over or under a street or road by a public authority acting pursuant to the provisions of any Act.

(r) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not affect the external appearance of the building unless;

(i) the proposed landuse or any change of landuse is not designated as a ‘P’ use in the relevant zone under Table 1 – Zoning Table;

(ii) the Nett Lettable Area of the building is increased;

(iii) the development entails a variation to Site Requirements or

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Development Requirements applicable to the relevant zone (including building setbacks);

(s) the carrying out of works urgently necessary for public safety or for the safetyor security of plant or equipment or for the maintenance of essential services.

Clause 61 (2)

The development approval of the Local government is not required for the following development of land:

a) the use of land in a reserve, where such land is held by the Local governmentor vested in a public authority;

(i) for the purpose for which the land is reserved under the Scheme; or

(ii) in the case of land vested in a public authority, for any purpose for whichsuch land may be lawfully used by that authority.

xxi. Update the Table of Contents to reflect the revised format of the Scheme Textas a result of this amendment.

2. Authorise Gray & Lewis Landuse Planners to prepare the formal schemeamendment documentation.

3. Resolve that the Amendment is ‘standard’ under the provisions of the Planningand Development (Local Planning Schemes) Regulations 2015 for the followingreason(s):

- the amendment would have minimal impact on land in the schemearea that is not the subject of the amendment; and

- the amendment does not result in any significant environmental,social, economic or governance impacts in the scheme area.

4. Authorise the Chief Executive Officer and Shire President to execute theScheme Amendment documents.

5. Pursuant to Section 81 of the Planning and Development Act 2005 authoriseGray & Lewis Landuse Planners to refer Amendment No. 7 to theEnvironmental Protection Authority (EPA) on behalf of the Shire.

6. Pursuant to Regulation 47 of the Planning and Development (Local PlanningSchemes) Regulations 2015 resolve to advertise Amendment No. 7 as a‘standard’ amendment for a period not less than 42 days.

7. Note that formal advertising will not commence until the EPA has confirmed inwriting that no environmental assessment is required.

8. Authorise the Chief Executive Officer to advertise the amendment followingadvice from the EPA. Advertising to include the following:- A Notice on the Shire’s Public Noticeboard;- Newspaper advertising- Letters to relevant service authorities and government agencies.

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CEO COMMENT: Whilst the changes to the scheme have been brought on by changes to the regulations which now covers many matters that have been taken out of the shire scheme areas such as piggeries and out buildings as discussed at the April meeting will now have controls in place. Council may wish to consider a workshop to discuss the proposed changes or could adopt as presented. COUNCIL RESOLUTION MIN MOTION - Moved Cr. 2nd Cr.

CARRIED /

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GO TO CONTENTS PAGE

SHIRE OF NAREMBEEN

TOWN PLANNING SCHEMELOCAL PLANNING

SCHEME NO. 2 _______________________________________

Updated to include AMD 6 GG 08/03/16 _______________________________________

DISCLAIMER

This is a copy of the Town Planning SchemeLocal Planning Scheme produced from an electronic version of the Scheme held and maintained by the Department of Planning. Whilst all care has been taken to accurately portray the current Scheme provisions, no responsibility shall be taken for any omissions or errors in this documentation. Consultation with the respective Local Government Authority should be made to view a legal version of the Scheme. Please advise the Department for Planning and Infrastructure of any errors or omissions in this document.

Prepared by the Department of Planning 139

Date of Original Town Planning Scheme Gazetted: 15 January 1999

140

SHIRE OF NAREMBEEN TPSLPS 2 - TEXT AMENDMENTS

AMDT NO

GAZETTAL DATE

UPDATED DETAILS

WHEN BY

2 1/9/06 5/9/06 DH Part 4 - modifying clause 4.15.4 Subdivision by adding clauses (e) and (f).

3 7/4/09 5/5/09 DH Part 2 - adding 'Conservation' as a reserve in Clause 2.1. Schedule 1 - inserting definitions "reception centre", "chalet", guesthouse" and "farm stay". Schedule 2 - inserting Additional Use Area 1 "Part of Lot 18322 Dixon Road, Wadderin". Schedule 4 (Special Use Zone) - inserting Special Use Area "Lots 25118 and 28512 Soldiers Road, Mount Walker". Note this should refer to Schedule 3 (Special Use Zone).

4 15/07/11 11/08/11 NM Inserted new clause “4.2 Objectives of the Zone”. Inserted new column in table 1 – zoning table titled “Residential Development”. Inserted new clauses 4.16 and 4.17.

6 08/03/16 09/03/16 RO Re-zoning Lot 301 (No 6) and Lot 302 (No 4) Thomas Street, Narembeen from 'Special Use' to 'Town Centre' as depicted on the Scheme Amendment map. Re-zoning Lot 63 (no 1) Doreen Street, Lot 64 (No 3) Doreen Street, Lot 79 (No 10) Thomas Street and Lot 80 (8) Thomas Street, Narembeen from 'Special Use' to 'Residential' with an 'R12.5' density code as depicted on the Scheme Amendment map. Introducing a new Clause 4.2. Re-number existing Clauses 4.2 to 4.17, Clauses 4.3 to 4.19.

141

SHIRE OF NAREMBEEN

TOWN PLANNING SCHEMELOCAL PLANNING SCHEME NO. 2

THE NAREMBEEN SHIRE COUNCILLOCAL GOVERNMENT, UNDER AND BY VIRTUE OF THE POWERS CONFERRED UPON IT IN THAT BEHALF BY THE TOWN PLANNING AND DEVELOPMENT ACT 1928 (AS AMENDED)PLANNING AND DEVELOPMENT ACT 2005, HEREBY MAKES THE FOLLOWING TOWN PLANNING SCHEMELOCAL PLANNING SCHEME FOR THE PURPOSES LAID DOWN IN THE ACT.

142

SCHEME TEXT

ARRANGEMENT

PART 1I - PRELIMINARY ........................................................................................................................7

1.1 ......... Citation: ....................................................................................................................................7 1.2 ......... Responsible Authority: ..............................................................................................................7 1.3 ......... Scheme Area: ...........................................................................................................................7 1.4 ......... Revocation: ...............................................................................................................................7 1.5 ......... Contents of Scheme: ................................................................................................................7 1.6 ......... Arrangement of Scheme Text: .................................................................................................7 1.67 ....... Scheme Objectives: .................................................................................................................7 1.78 ....... Definitions: ................................................................................................................................9

PART 2II - RESERVES ..........................................................................................................................10

2.1 ......... Scheme Reserves: .................................................................................................................10

PART 3III - ZONES ................................................................................................................................11

3.1 ......... Zones: .....................................................................................................................................11 3.2 ......... Zoning Table: ..........................................................................................................................11 3.3 ......... Additional Uses: ......................................................................................................................12 3.4 ......... Special Use Zone: ..................................................................................................................12

TABLE 1 - ZONING TABLE ..................................................................................................13

PART 43IV - GENERAL DEVELOPMENT REQUIREMENTS ..............................................................15

4.1 ......... Residential Development: Residential Planning CodesResidential Design Codes: ...............15 4.2 ......... Modification of R-Codes: ........................................................................................................15 4.3 ......... Objectives of the Zone: ..........................................................................................................15 4.34 ....... Car Parking Requirements: ....................................................................................................15 4.45 ....... Discretion to Modify Development Standards: .......................................................................16 4.56 ....... Development Limited by Liquid Waste Disposal: ...................................................................16 4.67 ....... Supply of Potable Water: ........................................................................................................16 4.78 ....... Transportableed, Prefabricated or Relocated Dwellings: ......................................................17 4.8 ......... Repurposed dwelling or Second hand dwelling ......................................................................16 4.9 ......... Development of Lots Abutting Unconstructed Roads: ............................................................17 4.10 ....... Home Occupation: ..................................................................................................................17 4.11 ....... Residential Zone: ....................................................................................................................18 4.12 ....... Town Centre Zone: .................................................................................................................18 4.13 ....... Rural Townsite Zone: .............................................................................................................19 4.14 ....... Industrial Zone: .......................................................................................................................19 4.15 ....... Special Rural Zones: ..............................................................................................................20 4.16 ....... Rural Enterprise Zone: ...........................................................................................................22 4.17 ....... Farming Zone: ........................................................................................................................23 4.18 ....... Residential Development Zone: .............................................................................................25 4.19 ....... Structure Plans: ......................................................................................................................26

PART V - HERITAGE - PRECINCTS AND PLACES OF CULTURAL SIGNIFICANCE .......................29

5.1 ......... Purpose and Intent: ................................................................................................................29 5.2 ......... Heritage List: ..........................................................................................................................29 5.3 ......... Designation of Heritage Precincts: .........................................................................................29 5.4 ......... Applications for Planning Approval: ........................................................................................30 5.5 ......... Formalities of Application: ......................................................................................................30 5.6 ......... Variations to Scheme Provisions: ...........................................................................................30

PART VI - USE AND DEVELOPMENT OF LAND ................................................................................32

6.1 ......... Requirements for Planning Approval: .....................................................................................32 6.2 ......... Application for Planning Approval: ..........................................................................................32

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6.3 ......... Advertising of Applications: ....................................................................................................33 6.4 ......... Consultations with Other Authorities: .....................................................................................34 6.5 ......... Matters to be Considered by the Council: ..............................................................................34 6.6 ......... Determination of Applications: ................................................................................................34 6.7 ......... Deemed Refusal: ....................................................................................................................35 6.8 ......... Approval Subject to Later Approval of Details: .......................................................................35 6.9 ......... Approval of Existing Development:.........................................................................................35

PART 5VII - NON-CONFORMING USES ..............................................................................................36

57.1 ....... Non-conforming Use Rights: ..................................................................................................36 57.2 ....... Extension of Non-conforming Use:.........................................................................................36 57.3 ....... Change of Non-conforming Use: ............................................................................................36 57.4 ....... Discontinuance of Non-conforming Use: ................................................................................36 57.5 ....... Destruction of Buildings: .........................................................................................................36

PART VIII - ADMINISTRATION .............................................................................................................37

8.1 ......... Powers of the Scheme: ..........................................................................................................37 8.2 ......... Offences: ................................................................................................................................37 8.3 ......... Notice for Removal of Certain Buildings: ................................................................................37 8.5 ......... Election to Purchase and Valuation: .......................................................................................38 8.6 ......... Rights of Appeal: ....................................................................................................................38 8.7 ......... Planning Policies: ...................................................................................................................38 8.8 ......... Delegation: .............................................................................................................................39 8.9 ......... Amendments to the Scheme: .................................................................................................40 SCHEDULE 1 - DEFINITIONS .............................................................................................................. 41 SCHEDULE 2 - ADDITIONAL USES .................................................................................................... 52 SCHEDULE 3 - SPECIAL USE ZONE .................................................................................................. 53 SCHEDULE 4 - SPECIAL RURAL ZONE ............................................................................................. 54 SCHEDULE 5 - APPLICATION FOR APPROVAL ................................................................................ 57 SCHEDULE 6 – NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL ........... 61 SCHEDULE 7 – DECISION ON APPLICATION FOR PLANNING APPROVAL ................................... 62 SCHEDULE A - SUPPLEMENTAL PROVISIONS TO THE DEEMED PROVISIONS

ADOPTION............................................................................................................................................ 63

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PART 1I - PRELIMINARY

1.1 CITATION:

This Town Planning SchemeLocal Planning Scheme may be cited as the Shire of Narembeen Town Planning SchemeLocal Planning Scheme No. 2 hereinafter called “the Scheme” and shall come into operation on the publication of the Scheme in the Government Gazette.

1.2 RESPONSIBLE AUTHORITY:

The Authority responsible for implementing the Scheme is the CouncilLocal government of the Shire of Narembeen hereinafter called ”the Council”.

1.3 SCHEME AREA:

The Scheme applies to the whole of the land within the Municipal District of the Shire of Narembeen hereinafter called ”the Scheme Area”.

1.4 REVOCATION:

The Shire of Narembeen Town Planning Scheme No. 1 published in the Government Gazette of 17 May 1968 and all amendments thereto is hereby revoked.

1.5 CONTENTS OF SCHEME:

The Scheme comprises:

a) this Scheme Text

b) the deemed provisions (set out in the Planning and Development (Local PlanningSchemes) Regulations 2015 Schedule 2;

c) the supplemental provisions contained in Schedule A; and

db) the Scheme Map.

1.6 ARRANGEMENT OF SCHEME TEXT:

The Scheme Text is divided into the following parts:

PART 1 - PRELIMINARYPART 2 - RESERVESPART 3 - ZONESPART 4 - GENERAL DEVELOPMENT REQUIREMENTSPART 5 - HERITAGE - PRECINCTS AND PLACES OF CULTURAL SIGNIFICANCEPART 6 - USE AND DEVELOPMENT OF LANDPART 7 - NON-CONFORMING USESPART 8 - ADMINISTRATION

1.67 AIMS OF THE SCHEME: SCHEME OBJECTIVES:

The aims objectives of this the Scheme are:

a) to zone the Scheme Area for the purposes described in the Scheme;

b) to secure the amenity health and convenience of the Scheme Area and the residentsthereof;

c) to make provisions as to the nature and location of buildings and the size of lots whenused for certain purposes;

145

d) the preservation of places of natural beauty, of historic buildings, and objects of historical

and scientific interest; and e) to make provision for other matters necessary or incidental to town planning and housing.

146

1.78 DEFINITIONS:

1.78.1 Except as provided in sub-clauses 1.78.2 and 1.78.3 the words and expressions of the Scheme have their normal and common meaning.

1.78.2 In the Scheme unless the context otherwise requires, or unless it is otherwise provided

herein, words and expressions have the respective meanings given to them in Schedule 1 and the Residential Planning CodesResidential Design Codes.

1.78.3 Where a word or term is defined in the Residential Planning CodesResidential Design

Codes then notwithstanding anything else in the Scheme that word or term when used in respect of residential development has the meaning given to it in the Residential Planning CodesResidential Design Codes.

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PART 2II - RESERVES 2.1 SCHEME RESERVES:

The land shown as Scheme Reserves on the Scheme Map, hereinafter called ”Reserves”, are lands reserved under the Scheme for the purposes shown on the Scheme Map and are listed hereunder.

PUBLIC PURPOSE RECREATION AND OPEN SPACE RAILWAY ROAD CONSERVATION AMD 3 GG 7/4/09

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PART 3III - ZONES 3.1 ZONES:

3.1.1 There are hereby created the several zones set out hereunder:

RESIDENTIAL TOWN CENTRE RURAL TOWNSITE INDUSTRIAL SPECIAL RURAL RURAL ENTERPRISE FARMING RESIDENTIAL DEVELOPMENT SPECIAL USE

3.1.2 The Zones are delineated and depicted on the Scheme Map according to the legend

thereon. 3.2 ZONING TABLE:

3.2.1 The Zoning Table indicates, subject to the provisions of the Scheme, the several uses permitted in the Scheme Area in the various zones, such uses being determined by cross reference between the list of uses on the left hand side of the Zoning Table and the list of zones at the top of the Zoning Table.

3.2.2 The symbols uses in the cross reference in the Zoning Table have the following meaning:

“P” means that the use is permitted by the Scheme

”AA” means that the use is not permitted unless the CouncilLocal government has

granted planning approvaldevelopment approval.

”SA” means that the use is not permitted unless the CouncilLocal government has granted planning approvaldevelopment approval after giving notice in accordance with clause 6.3Clause 64 of the deemed provisions.

”IP” means a use that is not permitted unless such use is incidental to the

predominant use as decided and approved by the CouncilLocal government.

3.2.3 Where no symbol appears in the cross reference of a use against a zone in the Zoning Table that use is not permitted in that zone.

3.2.4 Where in the Zoning Table a particular use is mentioned it is deemed to be excluded

from any other use by its more general terms might otherwise include such particular use.

3.2.5 If the use of land for a particular purpose is not specifically mentioned in the Zoning Table

and cannot reasonably be determined as falling within the interpretation of one of the use categories the CouncilLocal government may:

a) determine that the use is not consistent with the objectives and purposes of the

particular zone and is therefore not permitted; or

b) determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and thereafter follow the “SA” advertising procedures of clause 6.3Clause 64 of the deemed provisions in considering an application for planning approvaldevelopment approval.

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3.3 ADDITIONAL USES:

Notwithstanding anything contained within Table 1 “Zoning Table”, the land specified in Schedule 2 may, subject to compliance with any condition specified in Schedule 2 with respect to the land, be used for the purpose set against that land. The use so specified is in addition to the other uses permitted in the zone in which the land is situated unless any of those uses are excluded or modified by a condition specified in Schedule 2.

3.4 SPECIAL USE ZONE:

No person shall use any land, or any building or structure thereon in a Special Use zone, except for the purpose set against that land in Schedule 3 and subject to compliance with any conditions specified in Schedule 3 with respect to the land.

150

TABLE 1 - ZONING TABLE AMD 04 GG 15/07/11

RES

IDEN

TIA

L

TOW

N C

ENTR

E

RU

RA

L TO

WN

SITE

IND

UST

RIA

L

SPEC

IAL

RU

RA

L R

UR

AL

ENTE

RPR

ISE

FAR

MIN

G

RES

IDEN

TIA

L D

EVEL

OPM

ENT

1 abattoir SA SA 2 aged or dependent persons dwelling AA AA 3 agriculture – extensive AA P 4 agriculture - intensive SA AA 53 ancillary accommodation PA

A PA

A AA AA AA

6 animal husbandry – intensive SA 7 bed and breakfast AA SA AA SA AA AA SA 84 caretaker’s dwelling IP IP IP IP IP IP 9 childcare premises SA AA AA SA 105 civic buildinguse P AA AA 116 club premises AA AA 12 community purpose SA P AA AA AA AA AA 137 education establishment SA AA AA AA SA 14 family day care AA AA AA SA 158 fuel depot P AA 169 grouped dwelling AA AA AA AA AA 1710

home occupation AA AA AA AA AA AA

18 home business SA SA AA SA AA SA 19 home store SA AA AA SA SA 2011

hotel AA SA

2112

industry - cottage AA AA AA AA AA AA

2213

industry - extractive AA

2314

industry - general AA

2415

industry - light SA P

16 industry - noxious SA SA 2517

industry - rural SA AA P

18 industry - service SA P 19 intensive agriculture AA P 26 lunch bar P AA P 27 medical centre SA P AA AA 282 motel SA P

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0 2921

motor vehicle repair SA P

3022

office P AA

23 piggery SA SA 31 place of worship SA SA SA 3224

plant nursery SA P AA P SA AA AA

25 poultry farm SA SA 3326

public utility AA AA AA AA AA AA AA AA

27 public worship AA AA AA 3428

residential building AA AA AA AA

3529

Restaurant/cafe P AA

36 repurposed dwelling AA SA AA IP AA AA AA SA 37 rural home business AA 3830

rural pursuit/hobby farm SA AA P

39 second hand dwelling AA SA AA IP AA AA AA SA 4031

service station SA SA AA AA

4132

shop P AA SA

42 showroom AA AA P AA SA 4333

single house P AA P AAP

AA P P

4434

transport depot SAP

SA P SA

4535

veterinary hospital SA SA P AA AA

46 warehouse / storage AA P

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PART 4IV - GENERAL DEVELOPMENT REQUIREMENTS 4.1 RESIDENTIAL DEVELOPMENT: RESIDENTIAL PLANNING CODESRESIDENTIAL DESIGN CODES:

4.1.1 For the purpose of the Scheme ”Residential Planning CodesResidential Design Codes” means the Residential Planning CodesResidential Design Codes set out in State Planning Policy 3.1 Appendix 2 to the Statement of Planning Policy No. 1, together with any amendments thereto (hereinafter called the ”R Codes”).

4.1.2 A copy of the R Codes shall be kept and made available for public inspection at the

offices of the CouncilLocal government.

4.1.3 Unless otherwise provided for in the Scheme the development of land for any of the residential purposes dealt with by the R Codes shall conform to the provisions of those Codes.

4.1.4 The Residential Planning Code density applicable to land within the Scheme area shall

be determined by reference to the Residential Planning CodesResidential Design Codes density number superimposed on the particular area shown on the Scheme maps as being contained within the solid black line borders or where such an area abuts another area having a Residential Planning Code density, as being contained within the centre-line of those borders.

4.2 MODIFICATION OF R-CODES:

AMD 6 GG 08/03/16 4.2.1 An R30 density code may be applied to any existing corner lot zoned 'Residential' in

Narembeen townsite provided that: (a) the lot has frontage to two constructed roads; and (b) any residence to be retained can be upgraded to a good external visual standard

in the opinion of the local government; and (c) the development can be connected to reticulated water and sewerage.

4.2.2 With the exception of minor boundary realignments, the amalgamation of two lots abutting an existing corner lot will be permitted at the higher density of R30, for the purpose of development and/or re-subdivision. The amalgamation of more than two lots abutting an existing corner lot is not consistent with the intent of the provisions of the Scheme; therefore the R-Code depicted on the Scheme map shall apply to the amalgamated lot.

4.3 OBJECTIVES OF THE ZONE: AMD 04 GG 15/07/11

• Residential Development Zone o To allow for the progressive development of land for predominately residential

purposes together with compatible uses. o To retain the single house as the predominant form of residential development

and maintain flexibility to cater for a variety of housing choice and future housing needs.

o To allow for incidental non-residential uses only where the local amenity is not adversely affected.

o To ensure that subdivision occurs in a co-ordinated manner and has regard for other future subdivisions in the area.

4.34 CAR PARKING REQUIREMENTS:

AMD 6 GG 08/03/16

A person shall not develop or use any land or erect use or adapt any building unless car parking spaces specified by the CouncilLocal government are provided and such spaces are constructed

153

and maintained in accordance with the requirements of the CouncilLocal government. 4.45 DISCRETION TO MODIFY DEVELOPMENT STANDARDS:

AMD 6 GG 08/03/16

4.45.1 Sub-clause 4.45.2 shall not apply to:

a) development in respect of which the Residential Planning CodesResidential Design Codes apply under the Scheme, or

b) development on land abutting an unconstructed road, or

c) development on a lot which does not have frontage to a constructed road

4.45.2 Subject to sub-clause 4.45.1, if a development the subject of an application for planning

approvaldevelopment approval does not comply with a standard prescribed by the Scheme with respect to minimum lot sizes, building height, setbacks, site coverage, car parking, landscaping and related matters, the CouncilLocal government may notwithstanding that non-compliance, approve the application unconditionally or subject to such conditions as the CouncilLocal government thinks fit. The power conferred by this clause may only be exercised if the CouncilLocal government is satisfied that:

a) approval of the proposed development would be consistent with the orderly and

proper planning of the locality and the preservation of the amenities of the locality;

b) the non-compliance will not have any adverse effect upon the occupiers or users of the development or the inhabitants of the locality or upon the likely future development of the locality.


AMD 6 GG 08/03/16

Notwithstanding anything elsewhere appearing in the Scheme, the CouncilLocal government may refuse to issue planning approvaldevelopment approval for any development if in the opinion of the CouncilLocal government adequate provision is not made or cannot reasonably be made for the disposal of liquid wastes from that development.

4.67 SUPPLY OF POTABLE WATER: AMD 6 GG 08/03/16

As a condition of the issue of a building licence each dwelling shall be provided with a supply of potable water either from a reticulated system, or an underground bore, or a rainwater-storage system with a minimum capacity of 92,000 litres to the satisfaction of the CouncilLocal government.

4.7 TRANSPORTABLE, PREFABRICATED OR RELOCATED BULDINGS: 4.7.1 The local government may permit the erection or placement of a transportable,

prefabricated or relocated building on a lot providing it is satisfied that the building: a) is in a satisfactory condition or can be externally upgraded to a satisfactory

standard; b) will not detrimentally affect the amenity of the area having regard to the zoning of

the lot and the use proposed for the building; c) is permanently affixed to the ground; d) the facades, colours, materials and design features of the building are appropriate

to that prevailing or proposed in the vicinity. 4.7.2 In relation to 4.7.1 the local government will have regard to the following matters:

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a) the proximity to and the visibility of the building from a street or other public place; b) the intention to prevent box-shaped structures, regardless of the use of the

building, where they are visible from a street or other public place; c) the impact on the existing or future streetscape.’ 4.8 TRANSPORTED DWELLINGS:REPURPOSED DWELLING OR SECOND HAND DWELLING:

AMD 6 GG 08/03/16 4.8.1 Within the Scheme area a building may not be placed on a lot and occupied as a dwelling following transportation as a whole or as parts of a building unless in the opinion of the Council, such building is in a satisfactory condition and will not detrimentally affect the amenity of the area; or the building has been specifically constructed as a transportable dwelling. 4.8.2 An applicant for a building licence for a transported building may be required by the Council to enter into a contract and provide a bond to reinstate the building to an acceptable standard of presentation within a period of twelve months from the issue of a building licence for such a dwelling.

4.8.1 In determining an application for a Repurposed Dwelling or Second Hand Dwelling,

the local government will have regard to the following matters: a) The objectives of the relevant zone; b) The ability of the built form including roof pitch, eaves, colours, material and

architectural details to complement the expected character of the locality; c) The potential for negative visual impact or conflict with any established

streetscape and character of the locality; d) Any proposed upgrading, alterations and additions which will enhance the

elevations and architectural detail of proposed development; e) Potential glare from reflective materials; f) The potential for existing or proposed landscaping and vegetation to mitigate

visual impacts of the development; g) Landscape protection and landscape characteristics of the locality. 4.9 DEVELOPMENT OF LOTS ABUTTING UNCONSTRUCTED ROADS:

AMD 6 GG 08/03/16

Notwithstanding anything elsewhere appearing in the Scheme planning approvaldevelopment approval is required for development of land abutting an unconstructed road or a lot which does not have frontage to a constructed road. In considering such an application the CouncilLocal government shall either:

a) refuse the application until the road has been constructed or access by means of a constructed road is provided as the case may be; or

b) grant approval to the application subject to a condition requiring the applicant to pay a

sum of money in or towards payment of the cost or estimated cost of construction of the road or part thereof and any other conditions it thinks fit to impose; or

c) require such other arrangements are made for permanent access as shall be to the

satisfaction of the CouncilLocal government. 4.10 HOME OCCUPATION:

AMD 6 GG 08/03/16

4.10.1 An approval to conduct a home occupation is issued to a specific occupier of a particular parcel of land, it shall not be transferred or assigned to any other person, and shall not be transferred from the land in respect of which it was granted. Should there be a change of the occupier of the land in respect of which a home occupation approval is issued the approval is cancelled.

155

4.10.2 If, in the opinion of the CouncilLocal government, a home occupation is causing a

nuisance or annoyance to owners or occupiers of land in the locality the CouncilLocal government may rescind the approval.

4.11 RESIDENTIAL ZONE:

AMD 6 GG 08/03/16

4.11.1 Objectives

a) to retain the single house as the predominant form of residential development in the town.

b) to provide for lifestyle choice in and around the town with a range of residential

densities.

c) to allow for the establishment of non-residential uses subject to local amenities not being adversely affected.

4.11.2 Site Requirements:

In accordance with the R Codes.

4.11.3 Development Requirements

a) the CouncilLocal government may permit a variation to the R12.5 density up to R25 for development of more than one dwelling on a lot but only where:

(i) adequate connection to reticulated sewerage is available;

(ii) in the opinion of the CouncilLocal government the lot is suitably located

close to services and facilities; and

(iii) the CouncilLocal government after following the advertising procedures in clause 6.3Clause 64 of the deemed provisions is satisfied there will not be adverse impacts on local amenities.

b) no horse, or other hoofed animal or beast of burden shall be kept on any lot in the

Residential zone.

c) the CouncilLocal government may require the planting and the maintenance of such trees and/or groups of trees as specified by the CouncilLocal government on a 30 metre wide strip or land at the northern end of lots situated north of Brown Street, Narembeen and with an R5 density code.

d) land with the dual R Codes R2 and R12.5 may only be developed in accordance

with R Code R12.5 where reticulated sewerage is provided to all lots. 4.12 TOWN CENTRE ZONE:

AMD 6 GG 08/03/16

4.12.1 Objectives

a) to ensure the town centre remains the principal place for business and administration within the District.

b) to encourage a high standard of development including buildings, landscaping,

and car parking.

c) to make the town centre an attractive place to work and to conduct business through the implementation of a townscape improvement plan.

156


At the CouncilLocal government’s discretion.


4.12.3.1 Development shall not exceed 2 storeys in height except where the CouncilLocal government considers that particular circumstances may warrant an exception being made and provided such development will not affect local amenity and will enhance the character of the town centre.

4.12.3.2 In considering an application for planning approvaldevelopment approval

for a proposed development (including additions and alterations to existing development) in the town centre the CouncilLocal government shall have regard to the following:

a) the colour and texture of external building materials; the

CouncilLocal government may require the building facade and side walls to a building depth of 3m to be constructed in masonry;

b) building size, height, bulk, roof pitch;

c) setback and location of the building on its lot;

d) architectural style and design details of the building;

e) function of the building;

f) relationship to surrounding development; and

g) other characteristics considered by the CouncilLocal

government to be relevant.

4.12.3.3 Landscaping shall complement the appearance of the proposed development and the town centre.

4.12.3.4 The layout of car parking shall have regard for traffic circulation in

existing car parking areas and shall be integrated with any existing and adjoining car park.

4.13 RURAL TOWNSITE ZONE:

AMD 6 GG 08/03/16

4.13.1 Objectives

To allow for a wide range of land uses such as may be found in a small country town, but subject to preservation of local amenities.


In accordance with the R Codes. 4.14 INDUSTRIAL ZONE:

AMD 6 GG 08/03/16

4.14.1 Objectives

a) to encourage industrial development with diverse employment opportunities.

157

b) to provide for industry to support development in the District.


The following minimum building setbacks shall apply:

Front: 7.5m Rear: 7.5m Side: 5.0m on one side

4.14.3 Development Requirements:

The first 5 metres of the front setback on any lot shall be landscaped to the satisfaction of the CouncilLocal government. Where a lot has frontage to two streets the CouncilLocal government may vary the landscaping requirement only where the setback is reduced in which case the whole of the setback so reduced shall be landscaped to the satisfaction of the CouncilLocal government.

4.15 SPECIAL RURAL ZONES:

AMD 6 GG 08/03/16

4.15.1 Objectives

a) to select areas wherein closer subdivision will be permitted to provide for such uses as hobby farms, horse breeding, rural-residential retreats.

b) to make provision for retention of the rural landscape and amenity in a manner

consistent with the orderly and proper planning of such areas.

c) to locate Special Rural zones generally within 10km of the town of Narembeen so that residents have convenient access to services and facilities without a drain on resources of the wider community.

d) to recommend a minimum lot size of 2.0 hectares to apply within or adjacent to

the town of Narembeen, and larger lots elsewhere.

4.15.2 General Provisions

a) Before making provision for a Special Rural zone, the CouncilLocal government will require the owner(s) of the land to prepare a submission supporting the creation of the Special Rural zone and such submission shall include:

(i) a statement as to the purpose or intent for which the zone is being

created and the reasons for selecting the particular area the subject of the proposed zone.

(ii) a plan or plans showing contours at such intervals as to adequately

depict the land form of the area and physical features such as existing buildings, rock outcrops, trees or groups of trees, creeks, wells and significant improvements.

(iii) information regarding the method whereby it is proposed to provide a potable water supply to each lot.

(iv) in the absence of a Rural Strategy, it will be the responsibility of each

applicant for rezoning to Special Rural to prepare a land capability and suitability assessment to the satisfaction of the CouncilLocal government and in accordance with the Commission’s Policy and Guidelines.

158

b) The Western Australian Planning Commission, may require the preparation of a

Structure Plan under Part 4 of the deemed provisions, for a specific area zoned Special Rural where is it required for the orderly and proper planning of the area.

b) the Council may recommend that an Overall Plan of Subdivision or a Guide Plan be prepared for a specific area zoned Special Rural showing, amongst other things:

(i) the proposed ultimate subdivision including lot sizes and dimensions. (ii) areas to be set aside for public open space, pedestrian accessways, horse

trails, community facilities, etc. as may be considered appropriate. (iii) those physical features it is intended to conserve. (iv) the proposed staging of the subdivision where relevant.

c) the Scheme provisions for a specific Special Rural zone shall specify:

(i) any facilities which the purchasers of the lots will be required to provide

(eg. their own potable water supply, liquid or solid waste disposal, etc).

(ii) proposals for the control of land uses and development which will ensure that the purpose of intent of the zone and the rural environment and amenities are not impaired.

(iii) any special provisions appropriate to secure the objectives of the zone.

d) the provisions for making recommendations on subdivision and decisions on

development in specific areas zoned Special Rural shall be as laid down in Schedule 4 and future subdivision of a land shall be generally in accord with the Overall Plan of Subdivision or Guide Plan adopted by the Council adopted Structure Plan for this location. The Plan shall show the minimum recommended lot size for subdivision.



Front: 15.0m Rear: 10.0m Side: 10.0m


4.15.4.1 Development in a Special Rural zone shall comply with the following:

a) in addition to a building licence, the CouncilLocal government’s

planning approvaldevelopment approval is required for all development including a single house and such application shall be made in accordance with the provisions of the Scheme.

b) not more than one dwelling per lot shall be erected but the

CouncilLocal government may, at its discretion, approve ancillary accommodation.

c) in order to conserve the rural environment or features of natural

beauty all trees shall be retained unless their removal is authorised by the CouncilLocal government.

159

d) in order to enhance the rural amenity of the land in areas the CouncilLocal government considers deficient in tree cover it may require as a condition of any planning approvaldevelopment approval the planting of such trees and/or groups of trees and species as specified by the CouncilLocal government.

e) any person who keeps an animal or animals or who uses any land

for the exercise or training of an animal or animals shall be responsible for appropriate measures to prevent noise, odour, or dust pollution or soil erosion to the satisfaction of the CouncilLocal government. With the intention of preventing overstocking, erosion and any other practice detrimental to the amenity of a special rural zone, the CouncilLocal government may take any action which in the opinion of the CouncilLocal government is necessary to reduce or eliminate adverse effects on the environment causes wholly or partly by the stocking of animals and any costs incurred by the CouncilLocal government in taking such action shall be recoverable by the CouncilLocal government from the landowner.

4.15.4.2 In considering an application for planning approvaldevelopment approval

for a proposed development (including additions and alterations to existing development) the CouncilLocal government shall have regard to the following:

a) the colour and texture of external building materials;

b) building size, height, bulk, roof pitch;

c) setback and location of the building on its lot;

d) architectural style and design details of the building;

e) relationship to surrounding development;

f) other characteristics considered by the CouncilLocal government to

be relevant; and

g) provision to be made for bush fire control in accordance with a Planning Policy adopted by the CouncilLocal government.

4.16 RURAL ENTERPRISE ZONE:

AMD 6 GG 08/03/16

4.16.1 Objective

To provide for the establishment of land uses which are complementary to the economic, social and environmental characteristics of the town of Narembeen and the region, which promote and facilitate investment opportunities, and encourage research into matters such as agronomy, salinisation of soil and water, noxious weeds and animal breeding.

4.16.2 Land Uses in the Zone

Notwithstanding anything contained in the Scheme, the CouncilLocal government will support land uses which are appropriate for the Rural Enterprise Zone and which are considered to be of economic benefit to the district as well as having a component of environmental benefit. Without limiting the generality of this sub-clause the land uses may include:

Farm forestry or agroforestry, for

- eucalyptus oil production

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- specialty timber products - other tree products

Special Rural development, subject to separation from incompatible land uses

Educational camp or activity centre or education centre with dormitory accommodation for school groups and tourists

Research related activities

- community agriculture centre - Indian hemp for industrial purposes - Skeleton weed

Intensive animal industry

- sheep feedlots - piggery

Storage facilities for hazardous chemicals used for weed control and for light

industrial purposes. Parts of the zone which are suitable for this use are:

- free from flood risk - have suitably impermeable subsoils - have greater separation from the watertable, and - have areas for expansion.

4.16.3 Applications for Planning ApprovalDevelopment approval

In dealing with applications for planning approvaldevelopment approval in the Rural Enterprise Zone the CouncilLocal government will have regard for the following matters criteria in addition to any other matter the CouncilLocal government considers appropriate. The CouncilLocal government may require additional studies to support the proposed development.

Separation of incompatible land uses.

Relevant guidelines and/or Codes of Practice prepared by the Environmental

Protection Authority.

Land Capability and other studies prepared for the Rural Enterprise Zone.

Sustainable water supply for the proposed land uses(s).

Effluent disposal requirements, and capability.

Off-site impacts 4.17 FARMING ZONE:

AMD 6 GG 08/03/16

4.17.1 Objectives

a) to ensure the continuation of broad-hectare farming as the principal land use in the District and encourage where appropriate the retention and expansion of agricultural activities.

b) to consider non-rural uses where they can be shown to be of benefit to the

District and not detrimental to the natural resources or the environment.

c) to allow for facilities for tourists and travellers, and for recreation uses.

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Front: 20.0m Rear: 15.0m Side: 15.0m

4.17.3 Development Requirements:

Except for:

a) establishment of a firebreak required to comply with a regulation or by-law, or

b) provision of access to a building site, or

c) the area of building, or

d) cash crops, or

e) establishment of a low fuel zone around dwellings;

not more than 2000m2 on any lot shall be cleared of indigenous trees or substantial vegetation. If the CouncilLocal government is satisfied upon receipt of a submission the clearing of an area greater tan 2000m2 will not adversely affect the amenity, character and landscape qualities of the locality it may approve such land to be cleared subject to conditions as may be required by the CouncilLocal government.

4.17.4 Subdivision:

Having regard to the prime agricultural importance of land in the zone the CouncilLocal government will only support further subdivision of existing lots where:

a) the lots have already been physically divided by significant natural or man-

made features which preclude the continued operation of a farming property as a single unit (unless adjoining land could be similarly subdivided and thereby, by the process of precedent, lead to an undesirable pattern of land use in the area or in lots too small for uses compatible with the prevailing use in the area or in ribbon development alongside roads);

b) the lots are for farm adjustment and the erection of dwellings is restricted;

c) the lots are for specific uses such as recreation facilities and public utilities; or d) the lots are required for the establishment of uses ancillary to the rural use of

the land or are required for the travelling public and tourists (such as service stations and motels). AMD 2 GG 1/9/06

(e) There is a general presumption against subdivision in the zone, except that

which is consistent with Commission Policy. When making recommendations to the Commission on applications for subdivision, CouncilLocal government will have regard to potential impacts on rural uses on surrounding lots, and whether or not an adequate and sustainable water supply is available. AMD 2 GG 1/9/06

(f) CouncilLocal government will support the creation of 'homestead lots' when

each of the following requirements can be met:

(i) there has been a declining population over two intercensal periods in the Census Collector District in which the land is located;

(ii) the proposed homestead lot measures between 5.0ha and 20.0ha in

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area, excluding any access leg:

iii) the homestead lot contains an existing farm residence

iv) frontage and constructed vehicular access to a constructed anddedicated road available;

v) the homestead lot being serviced with a suitable water supply fordomestic, land management and fire fighting purposes, and beingprovided with an adequate means of effluent disposal to thesatisfaction of the local government and Department of Health;

vi) the homestead lot being connected to electricity andtelecommunications;

vii) the homestead lot not generating the need for additional government or community services; and

viii) the homestead lot is within a 4.5 kilometre radius of Narembeentownsite, or can be demonstrated not to create demand for additionalschool bus services.

4.18 RESIDENTIAL DEVELOPMENT ZONE: AMD 04 GG 15/07/11; AMD 6 GG 08/03/16

4.18.1 Objectives

a) To allow for the progressive development of land for predominately residential purposes together with compatible uses.

b) To retain the single house as the predominant form of residentialdevelopment and maintain flexibility to cater for a variety of housing choice and future housing needs.

c) To allow for incidental non-residential uses only where the local amenity is not adversely affected.

d) To ensure that subdivision occurs in a co-ordinated manner and has regardfor other future subdivisions in the area.


Residential development is to be in accordance with the Residential Design Codes. The minimum building setbacks and other development standards will be determined in accordance with the applicable R Code, as shown on an approved Structure Plan for the site.

4.18.32 Structure Plan Requirement:

The Local Government is generally not to –

(a) consider recommending subdivision; or

(b) approve development

Of land within the Residential Development Zone unless a structure plan has been prepared in accordance with clause 4.19 of the Scheme. Part 4 of the deemed provisions or the decision satisfies Regulation 27 (2) (a) and (b) of the deemed provisions.

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4.19 STRUCTURE PLANS: AMD 04 GG 15/07/11; AMD 6 GG 08/03/16

4.19.1 The local government or the Western Australian Planning Commission may require the preparation of a structure plan prior to considering a subdivision or development proposal for any area or zone in the scheme.

4.19.2 Subdivision and development should generally be in accordance with an approved structure plan.

4.19.3 A departure from, or alteration to, a structure plan may be permitted if the local government and Western Australian Planning Commission considers the proposed departure or alteration to be minor in nature and it will not prejudice the future subdivision and development of the area.

4.19.4 Structure plan form and content:

4.19.4.1 A Structure Plan is to contain such detail as, in the opinion of the local government and Western Australian Planning Commission, is required to satisfy the planning requirements for the structure plan area, and should include the following details — (a) a set of maps and a report describing the structure plan area and

surrounding land uses;

(b) maps are to be of a legible scale for the structure plan area;

(c) key opportunities and constraints of the structure plan area including landform, topography, hydrology, landscape, vegetation, soils,conservation and heritage, values, ownership, land use, roads andservices;

(d) conservation and environmental values including bushland,wetlands, streams and water courses, foreshore reserves andsetbacks, environmental policy areas and urban water management areas;

(e) sites and features of Aboriginal and European heritage value;

(f) transport routes, including highways, district and neighbourhoodroads, public transport routes, cycle routes and railway stations;

(g) the planning context for the structure plan including the regional andneighbourhood structure, relevant strategies, Scheme provisionsand policies and where appropriate, an indication of how thestructure plan is to be integrated into the surrounding area;

(h) proposed major land uses, in particular, residential areas, publicopen space, school sites, civic and community uses, commercialuses (including the location and hierarchy of commercial centres),mixed use, industrial and mixed business uses;

(i) the proposed indicative lot pattern and general location of any majorbuildings;

(j) estimates of future lots, dwellings, population, commercial andindustrial floor space;

(k) provision for major infrastructure, including water supply, maindrainage, sewerage, and other key infrastructure services;

(l) the proposed road network and hierarchy, public transport services,and bicycle and pedestrian networks;

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(m) the timeframe and staging of subdivision and development, and the

method of implementation, including any proposals for funding by development contributions; and

(n) such other information as may be required by the local government

as a result of the site’s characteristics.

4.19.5.1 Upon receiving a structure plan, the local government is to either -

(a) determine that the structure plan is satisfactory for advertising; (b) determine that the structure plan is not to be advertised until further

details have been provided or modifications undertaken; or (c) determine that the structure plan is not satisfactory for advertising

and give reasons for this to the proponent.

4.19.5.2 When the local government has determined the structure plan to be suitable for advertising, the structure plan should be advertised for a minimum period of 21 days.

4.19.5.3 The local government shall advise affected landowners and relevant

agencies in writing that the structure plan is available for public advertising. 4.19.5.4 Following advertising, the local government shall consider the public

submissions made in respect of the structure plan, and either uphold or dismiss the submissions made.

4.19.5.5 The local government may require modifications to the structure plan prior

to adoption. 4.19.5.6 When the local government is satisfied with the structure plan, it is to

adopt the structure plan and forward the Council’s resolution, the adopted structure plan, and schedule of public submissions to the Western Australian Planning Commission for final approval.

4.19.5.7 The Western Australian Planning Commission shall then either approve

the structure plan, approve the structure plan with modifications or refuse the structure plan.

4.19.6 Operation of Structure Plan:

4.19.6.1 A structure plan commences operation when it is adopted by the local government and approved by the Western Australian Planning Commission.

4.19.6.2 If a structure plan imposes a classification on the land included in it by

reference to reserves, zones, or Residential Design Codes then - 4.19.6.3 If the zones and reserves in a structure plan are inconsistent with the

scheme, they must be incorporated unto the scheme via an amendment or a scheme review.

4.19.7 Right of Review:

4.19.7.1 The proponent of a structure plan required by this Scheme may make application for review under Part 4 of the Planning and Development Act 2005 on the following grounds -

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(a) The failure of the local government to make a determination on the content and requirement of a structure plan (or an amendment to a structure plan) within 120 days of the structure plan being lodged;

(b) A decision by the local government not to endorse a structure plan

(or an amendment to a structure plan); and (c) Conditions of approval of the structure plan (or an amendment to a

structure plan)

4.19.8 In considering other procedural matters involved with structure plans, the local government and proponent will be guided by policies of the Western Australian Planning Commission.

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PART V - HERITAGE - PRECINCTS AND PLACES OF CULTURAL SIGNIFICANCE

5.1 PURPOSE AND INTENT:

The purpose and intent of the heritage provisions are:

a) to facilitate the conservation of places of heritage value;

b) to ensure as far as possible that development occurs with due regard to heritage values.

5.2 HERITAGE LIST:

5.2.1 The Council shall establish and maintain a Heritage List of buildings, objects, structures and places considered by the Council to be of heritage significance and worthy of conservation.

5.2.2 For the purpose of this part, the Heritage List is drawn from the Municipal Inventory, as

amended from time to time, prepared by the Council pursuant to Section 45 of the Heritage of Western Australia Act 1990 (as amended), or such parts thereof as described in the Municipal Inventory.

5.2.3 The Council shall keep copies of the Heritage List with the Scheme documents for

public inspection during normal office hours. 5.3 DESIGNATION OF HERITAGE PRECINCTS:

5.3.1 The Council may designate an area of land to be a Heritage Precinct where, in the opinion of the Council, special planning control is needed to conserve and enhance the heritage values and character of the area.

5.3.2 The Council shall adopt for each heritage Precinct a policy statement which shall

comprise:

a) a map showing the boundaries of the precinct;

b) a list of any buildings, objects, structures or places of heritage significance; and

c) objectives and guidelines for the conservation of the precinct.

5.3.3 The Council shall keep a copy of the policy statement for any designated Heritage

Precinct with the Scheme documents for public inspection during normal office hours.

5.3.4 The procedure to be followed by the Council in designating a Heritage Precinct shall be as follows:

a) the Council shall notify in writing each owner of land affected by the proposal;

b) the Council shall advertise the proposal by way of a notice in a newspaper

circulating in the district, by the erection of a sign in a prominent location in the area affected by the proposal, and by such other methods as the Council consider necessary to ensure widespread notice of the proposal, describing the area subject of the proposal and where the policy statement which applies to the precinct may be inspected;

c) the Council shall invite submissions on the proposal within 28 days of the date

specified in the notice referred to in paragraph (b) above;

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d) the Council shall carry out such other consultations as it thinks fit; e) the Council shall consider any submissions made and resolve to designate the

heritage precinct with or without modification or reject the proposal after consideration of submissions;

f) the Council shall forward notice of its decision to the Heritage Council of WA

and the Western Australian Planning Commission.

5.3.5 The Council may modify or may cancel a Heritage Precinct or any policy statement which relates to it by following the procedure set out in sub-clause 5.3.4.

5.4 APPLICATIONS FOR PLANNING APPROVAL:

5.4.1 In dealing with any matters which may affect a Heritage Precinct or individual entry on the Heritage List, including any application for planning approval, the Council shall have regard to any heritage policy of the Council.

5.4.2 The Council may, in considering any application that may affect a Heritage Precinct or

individual entry on the Heritage List, solicit the views of the Heritage Council of WA, the National Trust of Australia (WA) and those of any other relevant bodies, and take those views into account when determining the application.

5.4.3 Notwithstanding any existing assessment on record, the Council may require a

heritage assessment to be carried out prior to the approval for any development proposed in a Heritage Precinct or individual entry list on the Heritage List.

5.5 FORMALITIES OF APPLICATION:

5.5.1 In addition to the application formalities prescribed in clause 5.4 and any formalities or requirements associated with applications for planning approval contained in any other provision of the Scheme, the Council may require an applicant for planning approval, where the proposed development may affect a place of cultural heritage significance or a heritage precinct, to provide one or more of the following to assist the Council in its determination of the application:

a) street elevations drawn to a scale not smaller than 1:100 showing the

proposed development and the whole of the existing development on each lot immediately adjoining the land the subject of the application, and drawn as one continuous elevation;

b) in addition to a site plan, a plan of the proposed development site showing

existing and proposed ground levels over the whole of the land the subject of the application, and the location, type and height of all existing and proposed ground levels over the whole of the land the subject of the application, and the location, type and height of all existing structures and of all existing vegetation exceeding 2 metres in height, and marking any existing structures and vegetation proposed to be removed; such plan shall be drawn to the same scale as the site plan;

c) a detailed schedule of all finishes, including materials and colours of the

proposed development, and unless the Council exempts the applicant from the requirement or any part of it, the finishes of the existing developments on the subject lot and on each lot immediately adjoining the subject lot; and

d) any other information which the Council indicates that it considers relevant.

5.6 VARIATIONS TO SCHEME PROVISIONS:

5.6.1 Where desirable to facilitate the conservation of a place, area, building, object or structure of heritage value, or to enhance or preserve heritage values, the Council may vary any provision of the Scheme provided that, where in the opinion of the Council the variation of a provision is likely to affect any owners or occupiers in the general locality

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or adjoining the site which is the subject of consideration for variation, the Council shall: a) consult the affected parties by following one or more of the provisions dealing

with advertising pursuant to sub-clause 6.3.3; and

b) have regard to any expressed views prior to making its decision to grant thevariation.

5.6.2 In granting variations under sub-clause 5.6.1 the Council may enter into a heritage agreement under Part 4 of the Heritage of Western Australia Act 1990 (as amended) with an owner who would benefit from the variation. The agreement may specify the owner’s obligations and contain memorials noted on relevant Certificates of Title.

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PART VI - USE AND DEVELOPMENT OF LAND

6.1 REQUIREMENTS FOR PLANNING APPROVAL:

6.1.1 In order to give full effect to the provisions and objectives of the Scheme, all development, including a change in the use of land, except as otherwise provided, requires the prior approval of the Council in each case. Accordingly, no person shall commence or carry out any development, including a change in the use of any land, without first having applied for and obtained the planning approval of the Council pursuant to the provisions of this Part.

6.1.2 The planning approval of the Council is not required for the following development of land:

a) the use of land in a reserve, where such land is held by the Council or vestedin a public authority;


(ii) in the case of land vested in a public authority, for any purpose for whichsuch land may be lawfully used by that authority.

b) the use of land which is a permitted (”P”) use in the zone in which that land issituated provided it does not involve the carrying out of any building or otherworks.

c) the erection on a lot of a single house including ancillary outbuildings in a zonewhere the use is a permitted (“P”) use in the zone in which that land is situatedexcept where the lot does not have frontage to a constructed road or asotherwise provided by the Scheme.

d) the erection of a boundary fence except as otherwise required by the Scheme.

e) the carrying out of any works on, in, over or under a street or road by a publicauthority acting pursuant to the provisions of any Act.

f) the carrying out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building orwhich do not materially affect the external appearance of the building.

g) the carrying out of works urgently necessary for public safety or for the safety or security of plant or equipment or for the maintenance of essential services.

6.1.3 Notwithstanding that a single house does not require the prior approval of the Council pursuant to the Scheme, any person who wishes the Council to vary any particular provision of the R Codes relating to the erection of a single house shall, at the time of lodging an application for a building licence or earlier, apply in writing to the Council, seeking the Council’s approval for the variation. The Council may approve the variation with or without conditions or may refuse to approve the variation. The Council shall, before granting its approval satisfy itself that:

(a) the variation requested is one which the Council has the power to approve;and

(b) approval of that variation would not compromise the objectives of the RCodes.

6.2 APPLICATION FOR PLANNING APPROVAL:

6.2.1 Every application for planning approval shall be made in the form prescribed in Schedule 5 to the Scheme and shall be accompanied by such plans and other

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information as is required by the Scheme. 6.2.2 Unless the Council waives any particular requirement every application for planning

approval shall be accompanied by:

(a) a plan or plans to a scale of not less than 1:500 showing;

(i) street names, Lot number(s), north point and the dimensions of the site;

(ii) the location and proposed use of the site, including any existing building to be retained and proposed buildings to be erected on the site;

(iii) the existing and proposed means of access for pedestrians and

vehicles to and from the site;

(iv) the location, number, dimensions and layout of all car parking spaces intended to be provided;

(v) the location and dimensions of any area proposed to be provided for the

loading and unloading of vehicles carrying goods or commodities to and from the site and the means of access to and from those areas;

(vi) the location, dimensions and design of any open storage or trade

display area and particulars of the manner in which it is proposed to develop those areas; and

(vii) the nature and extent of any open space and landscaping proposed for

the site.

(b) plans, elevations and sections of any building proposed to be erected or altered and of any building it is intended to retain; and

(c) any other plan or information that the Council may reasonably require to

enable the application to be determined. 6.3 ADVERTISING OF APPLICATIONS:

6.3.1 Where an application is made for planning approval to commence or carry out development which involves an ”SA” use the Council shall not grant planning approval to that application unless notice of the application is first given in accordance with the provisions of sub-clause 6.3.3.

6.3.2 Where an application is made for planning approval to commence or carry out

development which involves an “AA” use, or for any other development which requires the planning approval of the Council, the Council may give notice of the application in accordance with the provisions of sub-clause 6.3.3.

6.3.3 Where the Council is required or decides to give notice of an application for planning

approval the Council shall cause one or more of the following to be carried out:

a) notice of the proposed development to be served on the owners and occupiers of land within an area determined by the Council a likely to be affected by the granting of planning approval stating that submissions may be made to the Council within twenty-one days of the service of such notice;

b) notice of the proposed development to be published in a newspaper circulating

in the Scheme Area stating that submissions may be made to the Council within twenty-one days from the publication thereof;

c) a sign or signs displaying notice of the proposed development to be erected in

a conspicuous position on the land for a period of twenty-one days from the date of publication of the notice referred to in paragraph (b) of this sub-clause.

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6.3.4 The notice referred to in sub-clause 6.3.3 paragraphs (a) and (b) shall be in the form contained in Schedule 6 with such modifications as circumstances require.

6.3.5 After expiration of twenty-one days from the servicing of notice of the proposed development, the publication of notice or the erection of a sign or signs, whichever is the later, the Council shall consider and determine the application.

6.4 CONSULTATIONS WITH OTHER AUTHORITIES:

6.4.1 In determining any application for planning approval the Council may consult with any other statutory, public, or planning authority and with any other party it considers appropriate.

6.4.2 In the case of land reserved under the Scheme for the purposes of a public authority,

the Council shall consult that authority before making its determination. 6.5 MATTERS TO BE CONSIDERED BY THE COUNCIL:

The Council in considering an application for planning approval shall have due regard to the following:

(a) the provisions of the Scheme and any other relevant town planning scheme operating

within the district;

(b) any relevant proposed town planning scheme of the Council or amendment insofar as they can be regarded as seriously entertained planning proposals;

(c) any approved Statement of Planning Policy of the Commission;

(d) any other policy of the Commission or any planning policy adopted by the Government

of the State of Western Australia;

(e) any planning policy, strategy or plan adopted by the Council under the provisions of clause 8.7 of the Scheme;

(f) the preservation of any object or place of heritage significance;

(g) the requirements of orderly and proper planning;

(h) the preservation of the amenities of the locality;

(i) any other planning considerations which the Council considers relevant;

(j) any relevant submissions received on the application.

6.6 DETERMINATION OF APPLICATIONS:

6.6.1 In determining an application for planning approval the Council may:

(a) grant its approval with or without conditions;

(b) refuse to grant its approval

6.6.2 The Council shall convey its decision to the applicant in the form prescribed in Schedule 7 to the Scheme.

6.6.3 Where the Council grants planning approval, that approval:

(a) continues in force for two years, or such other period as specified in the

approval, after the date on which the application is approved; and

(b) lapses if the development has not substantially commenced before the expiration of that period.

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6.6.4 Where the Council grants planning approval, the Council may impose conditions

limiting the period of time for which the development is permitted. 6.7 DEEMED REFUSAL:

6.7.1 Subject to sub-clause 6.7.2, an application for planning approval shall be deemed to have been refused where a decision in respect of that application is not conveyed to the applicant by the Council within 60 days of the receipt of it by the Council, or within such further time as agreed in writing between the applicant and the Council.

6.7.2 An application for planning approval which is the subject of a notice under sub-clause

6.3.3 shall be deemed refused where a decision in respect of that application is not conveyed to the applicant by the Council within 90 days of the receipt of it by the Council, or within such further time as agreed between the applicant and the Council.

6.7.3 Notwithstanding that an application for planning approval may be deemed to have

been refused under the sub-clauses 6.7.1 and 6.7.2, the Council may issue a decision in respect of the application at any time after the expiry of the 60 day or 90 day period specified in those sub-clauses, and that decision shall be regarded as being valid.

6.8 APPROVAL SUBJECT TO LATER APPROVAL OF DETAILS:

6.8.1 Where an application for a development that includes the carrying out of any building or works, the Council may grant approval subject to matters requiring the subsequent approval of the Council. These matters may include the siting, design, external appearance of the buildings, means of access or landscaping.

6.8.2 The Council may decline to deal with an application requiring later approval of details

or call for further details if it thinks fit.

6.8.3 Where the Council has granted approval subject to mattes requiring the later approval of the Council, application for approval of those mattes must be made not later than the expiration of two years beginning with the date of the first approval.

6.9 APPROVAL OF EXISTING DEVELOPMENT:

6.9.1 The Council may grant approval to a development already commenced or carried out regardless of when it commenced or was carried out. Such approval shall have the same effect for all purposes as if it had been given prior to the commencement or carrying out of the development, but provided that the development complies with the provisions of the Scheme, with or without the exercise of discretion provided in the Scheme, as to all matters other than the provisions requiring the Council’s approval prior to the commencement of development.

6.9.2 The application to the Council for approval under sub-clause 6.8.1 shall be made on

the form prescribed in Schedule 5.

6.9.3 A development which was not permissible under the Scheme at the time it was commenced or carried out may be approved if at the time of approval under this clause it is permissible.

6.9.4 The approval by the Council of an existing development shall not affect the power of

the Council to take appropriate action for a breach of the Scheme or the Act in respect of the commencement of the development without approval.

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PART 5VII - NON-CONFORMING USES

57.1 NON-CONFORMING USE RIGHTS:

Except as otherwise provided in this Part, no provision of the Scheme shall prevent:

a) the continued use of any land or building for the purpose for which it was being lawfully used at the gazettal date of the Scheme; or

b) the carrying out of any development thereon for which, immediately prior to that time, a permit or permits, lawfully required to authorise the development to be carried out,were duly obtained and are current.

57.2 EXTENSION OF NON-CONFORMING USE:

A person shall not alter or extend a non-conforming use or erect alter or extend a building used in conjunction with a non-conforming use without first having applied for and obtained the planning approvaldevelopment approval of the CouncilLocal government under the Scheme and unless in conformity with any other provisions and requirements contained in the Scheme.

57.3 CHANGE OF NON-CONFORMING USE:

Notwithstanding anything contained in the Zoning Table the CouncilLocal government may grant its planning approvaldevelopment approval to the change of use of any land from a non-conforming use to another use if the proposed use is, in the opinion of the CouncilLocal government, less detrimental to the amenity of the locality than the non-conforming use and is, in the opinion of the CouncilLocal government, closer to the intended uses of the zone or reserve.

57.4 DISCONTINUANCE OF NON-CONFORMING USE:

57.4.1 When a non-conforming use of any land or building has been discontinued for a period of six months or more such land or building shall not thereafter be used otherwise than in conformity with the provisions of the Scheme.

57.4.2 The CouncilLocal government may effect the discontinuance of a non-conforming use by the purchase of the affected property, or by the payment of compensation to the occupier of that property, and may enter into an agreement with the owner for that purpose.

57.5 DESTRUCTION OF BUILDINGS:

If any building is, at the gazettal date, being used for a non-conforming use, and is subsequently destroyed or damaged to an extent of 75% or more of its value the land on which the building is built shall not thereafter be used otherwise than in conformity with the Scheme, and the building shall not be repaired, rebuilt, altered or added to for the purpose of being used for a non-conforming use or in a manner or position not permitted by the Scheme.

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PART VIII - ADMINISTRATION 8.1 POWERS OF THE SCHEME:

In implementing the Scheme the Council has, in addition to all other powers vested in it, the following powers:

a) the Council may enter into any agreement with any owner, occupier or other person

having an interest in land affected by the provisions of the Scheme in respect of any matters pertaining to the Scheme.

b) the Council may acquire any land or buildings within the District pursuant to the

provisions of the Scheme or the Act.

c) the Council may deal with or dispose of any land which it has acquired pursuant to the Scheme or the Act in accordance with law and for such purpose may make such agreements with other owners as it considers fit.

d) an officer of the Council, authorised by the Council for the purpose, may at all

reasonable times enter any building or land for the purpose of ascertaining whether the provisions of the Scheme are being served.

8.2 OFFENCES:

8.2.1 A person shall not erect, alter or add to or commence to erect, alter or add to a building or use or change the use of any land, building or part of a building for any purpose:

a) otherwise than in accordance with the provisions of the Scheme;

b) unless all approvals required by the Scheme have been granted and issued;

c) unless all conditions imposed upon the grant and issue of any approval

required by the Scheme have been and continue to be complied with; and

d) unless all standards laid down and all requirements prescribed by the Scheme or determined by the Council pursuant to the Scheme with respect to that building or that use of that part have been and continue to be complied with.

8.2.2 A person who fails to comply with any of the provisions of the Scheme is guilty of an

offence and without prejudice to any other remedy given herein is liable to the penalties prescribed by the Act.

8.3 NOTICE FOR REMOVAL OF CERTAIN BUILDINGS:

8.3.1 Twenty-eight (28) days written notice is hereby prescribed as the notice to be given pursuant to Section 10 of the Act for the removal of certain buildings.

8.3.2 The Council may recover expenses under Section 10(2) of the Act in a Court of

competent jurisdiction. 8.4 COMPENSATION:

8.4.1 Except as otherwise provided, the time limit for the making of claims for compensation for injurious affection pursuant to Section 11 of the Act resultant from the making of, or the making of an amendment to, the Scheme is six (6) months from the date of publication of the Scheme or the Scheme Amendment in the Government Gazette.

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8.4.2 Where, in respect of any application for planning approval to commence and carry out development on land reserved under the Scheme, the Council, or any appellate body thereafter, refuses or grants approval subject to conditions such that the effect of the decision is to permit the land to be used or developed for no purpose other than a public purpose, the owner of the land may, within six (6) months of the date of the relevant decision, claim compensation from the Council for injurious affection.

8.5 ELECTION TO PURCHASE AND VALUATION:

8.5.1 Where compensation for injurious affection is claimed pursuant to either sub-clauses 8.4.1 or 8.4.2, the Council may, at its option elect to acquire the land so affected instead of paying compensation.

8.5.2 Where the Council elects to acquire the land in respect of which the claim for

compensation for injurious affection is made the Council shall give notice of that election to the claimant by notice in writing within three (3) months of the claim for compensation being made.

8.5.3 Where the Council elects to acquire land as provided in sub-clause 8.5.1, if the

Council and the owner of the land are unable to agree as to the price to be paid for the land by the Council, the price at which the land may be acquired by the Council shall be the value of the land as determined in accordance with sub-clause 8.5.4.

8.5.4 The value of the land referred to in sub-clause 8.5.3 shall be the value thereof on the

date that the Council elects to acquire the land and that value shall be determined -

(a) by arbitration in accordance with the Commercial Arbitration Act 1985, or

(b) by some other method agreed upon by the Council and the owner of the land,

and the value shall be determined without regard to any increase or decrease, if any, in value attributable wholly or in part to the Scheme.

8.5.5 The Council may deal with or dispose of land acquired for a reserve pursuant to sub-

clause 8.5.4 upon such terms and conditions as it thinks fit provided the land is used for, or preserved for, a use compatible with the use for which it was reserved.

8.6 RIGHTS OF APPEAL:

An applicant aggrieved by a decision of the Council in respect of the exercise of a discretionary power under the Scheme may appeal in accordance with Part V of the Act and the rules and regulations made pursuant to the Act.

8.7 PLANNING POLICIES:

8.7.1 The Council may prepare a planning policy (hereinafter called ”a policy”) which may make provision for any matter relating to the planning or development of the Scheme area and which may be prepared so as to apply:

a) generally or in a particular class of matter or in particular classes of matters;

and b) throughout the Scheme area or in one or more parts of the Scheme area

and may amend or add to or rescind a policy so prepared.

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8.7.2 A policy shall become operative only after the following procedures have been

completed:

a) the Council having prepared and having resolved to adopt a draft policy, shall advertise a summary of the draft policy once a week for two consecutive weeks in a newspaper circulating in the Scheme area giving details of where the draft policy may be inspected and where, in what form, and during what period (being not less than twenty-one days) submissions may be made to the Council.

b) a policy which the Council considers may be inconsistent with other provisions

of the Scheme or with State or regional planning policies is to be submitted to the Commission for consideration and advice.

c) the Council shall review the draft policy in the light of any submissions made

and shall then decide to finally adopt the draft policy with or without amendment, or to not proceed with the draft policy.

d) following final adoption of a policy, notification of the final adoption shall be

published once in a newspaper circulating within the Scheme area.

8.7.3 The Council shall keep a copy of any policy with the Scheme for inspection during normal office hours.

8.7.4 An amendment or addition to a policy may be made after the policy has become

operative shall be made in the same manner as provided for the making of a policy in sub-clause 8.7.2.

8.7.5 A policy may be rescinded by:

a) preparation and final adoption of a new policy pursuant to this clause,

specifically worded to supersede an existing policy.

b) publication of a formal notice of rescission by the Council twice in a newspaper circulating in the Scheme area.

8.7.6 A policy shall not bind the Council in respect of any application for planning approval

but before making its decision the Council shall take into account the provisions of the policy and objectives which the policy was designed to achieve.

8.7.7 Any policy prepared under this clause shall be consistent with the Scheme and where

any inconsistency arises the Scheme shall prevail. 8.8 DELEGATION:

8.8.1 The Council may, either generally or in a particular case or cases, by resolution passed by an absolute majority of the Council, delegate to the following eligible persons the authority to deal with an application for planning approval made under the Scheme:

a) a member of the Council being the Chairman of the Committee required at the

direction of the Council to consider and report upon all applications for planning approval within its District, and being qualified by experience with the work of any such Committee; and/or

b) that officer of the Council appointed by the Council to supervise the

development control functions of the Council.

8.8.2 Any delegation made under this clause shall have effect for the period of twelve (12) months following the resolution unless the Council stipulates a lesser or greater period in the resolution.

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8.8.3 A delegation of authority pursuant to the provisions of this clause has effect and may be exercised according to its tenor, but is revocable at the will of the Council and does not preclude the Council from exercising the power.

8.8.4 A resolution to revoke or amend a delegation under this clause may be passed by a

simple majority.

8.8.5 The performance of the function by a delegate under sub-clause 8.8.1 shall be deemed to be the performance of the function by the Council in all circumstances where the Council is able to delegate its powers.

8.8.6 Without affecting the generality of the provisions of this clause, where in the exercise

of any power under this Scheme the Council is required to form any opinion or view or have any state of mind or to consider to have due regard to any matter, then that requirement shall be satisfied if a person exercising delegated authority in respect of that power performs the function.

8.8.7 An officer or member exercising the power delegated pursuant to the provisions of this

clause shall comply with the provisions of the Scheme governing the exercise of the power by the Council, insofar as such provisions are reasonably applicable.

8.8.8 A person who is or has been a delegate of the Council is not personally liable for

anything done or omitted in good faith in, or in connection with, the exercise or purported exercise of any powers conferred, or the carrying out of any duty imposed on the Council by the Scheme.

8.9 AMENDMENTS TO THE SCHEME:

8.9.1 The Council shall keep the Scheme under constant review and where appropriate carry out investigations and study with a view to maintaining the Scheme as an up-to-date and efficient means for pursuing community objectives regarding development and land use.

8.9.2 The Council may, from time to time, initiate an amendment to the Scheme in

accordance with the Act and Regulations and shall give consideration to any application to have the Scheme amended.

8.9.3 In the case of a proposed amendment to the zoning of land other than requested by

the owner, the Council shall, before initiating any amendment to the Scheme, invite comment from the owner of the land concerned.

8.9.4 The Council shall take into consideration any comments or submissions received in

respect of a proposed amendment and shall only proceed with the amendment where it is satisfied the amendment would be consistent with the objectives of the Scheme and would not be contrary to the public interest.

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SCHEDULE 1 - DEFINITIONS

(1) Terms Used

building envelope: means the area of land within which all buildings and effluent disposal facilities on a lot must be contained;

commercial vehicle: means a vehicle, whether licenced or not, that has a gross vehicle mass of greater than 4.5 tonnes including — a) a utility, van, truck, tractor, bus or earthmoving equipment; andb) a vehicle that is, or is designed to be an attachment to a vehicle referred to in paragraph (a);

Commission: means the Western Australian Planning Commission constituted under the Planning and Development Act 2005.

constructed road: means a track which has been graded and stabilised within a dedicated road reserve.

District: means the Municipal District of the Shire of Narembeen.

gazettal date: means the date of which notice of the Minister's approval of this Scheme is published in the Government Gazette.

net lettable area or nla: means the area of all floors within the internal finished surfaces of permanent walls but does not include the following areas — a) stairs, toilets, cleaner’s cupboards, lift shafts and motor rooms, escalators, tea rooms and

plant rooms, and other service areas; b) lobbies between lifts facing other lifts serving the same floor;c) areas set aside as public space or thoroughfares and not for the exclusive use of occupiers of

the floor or building; d) areas set aside for the provision of facilities or services to the floor or building where those

facilities are not for the exclusive use of occupiers of the floor or building;

non-conforming use: has the same meaning as it has in section 12(2)(a) of the Planning and Development Act 2005;

public authority: shall have the same meaning given to it in and for the purposes of the Act.

Retail: means the sale or hire of goods or services to the public;

R-Codes: means the Residential Design Codes prepared by the Western Australian PlanningCommission under section 26 of the Act, as amended from time to time.

Transportable, Prefabricated, or Relocated Building: means any building that is not a dwelling, and: a) is a building proposed to be transported as a whole or in parts; orb) most or all of the components of the building are prefabricated off site for assembly on site; orc) is a second hand building or is clad with second hand materials.

(2) A word or expression that is not defined in this Scheme —a) has the meaning it has in the Planning and Development Act 2005;orb) if it is not defined in that Act — has the same meaning as it has inthe R-Codes.

(3) Landuse Terms Used

abattoir: means land and buildings used for the slaughter of animals for human consumption and the treatment of carcasses, offal and by-products.

abattoir: means premises used commercially for the slaughtering of animals for the purposes of consumption as food products;

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Act: means the Town Planning and Development Act, 1928 (as amended). advertisement: means any word, letter, model, sign, placard, board, notice device or representation,

whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, and includes any hoarding or similar structure used, or adapted for use, for the display of advertisements.

agriculture — extensive means premises used for the raising of stock or crops including outbuildings and earthworks, but does not include agriculture — intensive or animal husbandry — intensive; agriculture — intensive: means premises used for commercial production purposes, including outbuildings and earthworks, associated with any of the following — a) the production of grapes, vegetables, flowers, exotic or native plants, or fruit or nuts; b) the establishment and operation of plant or fruit nurseries; c) the development of land for irrigated fodder production or irrigated pasture (including turf farms); d) aquaculture; amusement facility: means land and buildings, open to the public, used for not more than two

amusement machines where such use is incidental to the predominant use. amusement machine: means any machine, game or device whether mechanical or electronic or a

combination of both operated by one or more players for amusement and recreation. amusement parlour: means any land or building, open to the public, where the predominant use is

amusement by amusement machines and where there are more than two amusement machines operating within the premises.

animal establishment means premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry — intensive or veterinary centre; animal husbandry — intensive means premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production), rabbits (for either meat or fur production) or other livestock in feedlots, sheds or rotational pens; bed and breakfast means a dwelling — (a) used by a resident of the dwelling to provide short-term accommodation, including breakfast, on a commercial basis for not more than 4 adult persons or one family; and (b) containing not more than 2 guest bedrooms; aquaculture: means any fish farming operation for which a fish farm licence issued pursuant to the

provisions of Part V of the Fisheries Act 1905 (as amended) and the Fisheries Regulations 1938 (as amended) is required.

battle-axe lot: means a lot having access to a public road by means of an access strip included in the

Certificate of Title of that lot. building envelope: means an area of land within a lot marked on a plan within which all buildings on the

lot must be contained. camping area: means land used for the lodging of persons in tents or other temporary shelter. caravan park: means an area of land specifically set aside for the parking of caravans and park homes or

for the erection of camps on bays or tent sites allocated for that purpose. caravan park: means premises that are a caravan park as defined in the Caravan Parks and Camping Grounds Act 1995 section 5(1); caretaker's dwelling: means a building used as a dwelling by a person having the care of the building,

plant, equipment or grounds associated with an industry, business, office or recreation area carried on or existing on the same site.

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caretaker’s dwelling: means a dwelling on the same site as a building, operation or plant used for industry, and occupied by a supervisor of that building, operation or plant; child care premises means premises where — a) an education and care service as defined in the Education and Care Services National Law

(Western Australia) section 5(1), other than a family day care service as defined in that section, is provided; or

b) a child care service as defined in the Child Care Services Act 2007 section 4 is provided; chalet: means an individual self-contained unit usually comprising cooking facilities, ensuite, living area

and one or more bedrooms designed to accommodate short-stay guests, forming part of a tourism facility and where occupation by any person is limited to a maximum of three months in any 12-month period. AMD 3 GG 7/4/09

civic building: means a building designed, used or intended to be used by a public authority or the

Council as offices or for administrative or other like purpose. civic use: means land and buildings used by a public authority or the Council, for administrative,

recreational or other purpose. civic use: means premises used by a government department, an instrumentality of the State or the local government for administrative, recreational or other purposes; club premises: means land and buildings used or designed for use by a legally constituted club or

association or other body of persons united by a common interest whether such building or premises be licensed under the provisions of the Liquor Licensing Act, 1988 (as amended) or not and which building or premises are not otherwise classified under the provisions of the Scheme.

club premises: means premises used by a legally constituted club or association or other body of persons united by a common interest; community purpose means premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit; Commission: means the Western Australian Planning Commission constituted under the Western

Australian Planning Commission Act 1985 (as amended). conservation: means, in relation to any place or heritage precinct, the management of that place or

precinct in a manner that will:

a) enable the cultural heritage significance of that place or precinct to be retained; and

b) yield the greatest sustainable benefit for the present community without diminishing the cultural heritage significance of that place or precinct, and may include the preservation, stabilisation, protection, restoration, reconstruction, adaptation and maintenance of that place or precinct in accordance with relevant professional standards, and the provision of an appropriate visual setting.

constructed road: means a track which has been graded and stabilised within a dedicated road reserve. consulting rooms: means a building (other than a hospital or medical centre) used by practitioners who

are legally qualified medical practitioners or dentists, physiotherapists, chiropractors or persons ordinarily associated with a practitioner in the prevention or treatment of physical or mental injuries or ailments, and the practitioners may be of the one profession or any combination of professions or practices.

consulting rooms: means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;

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cultural heritage significance: means, in relation to a place or heritage precinct, the relative value which that place or precinct has in terms of its aesthetic, historic, scientific or social significance, for the present community and future generations.

development: shall have the same meaning given to it in and for the purposes of the Act but shall also

include in relation to any building, object, structure or place entered in the Heritage List or contained within a heritage precinct, any act or thing that:

a) is likely to change the character of the place or the external appearance of any building; or

b) would constitute an irreversible alteration to the fabric of any building.

District: means the Municipal District of the Shire of Narembeen. dog kennels: means land and buildings used for the boarding and breeding of dogs where such premises

are registered or required to be registered by the CouncilLocal government; and may include the sale of dogs where such use is incidental to the predominant use.

education establishment: means a school or other educational centre, but does not include a

reformatory. educational establishment: means premises used for the purposes of providing education including premises used

for a school, higher education institution, business college, academy or other educational institution; family day care means premises where a family day care service as defined in the Education and Care Services National Law (Western Australia) is provided; farm stay: means a residential building, bed and breakfast, chalet or similar accommodation unit used to

accommodate short-stay guests on a farm or rural property and where occupation by any person is limited to a maximum of three months in any 12-month period. AMD 3 GG 7/4/09

fuel depot: means any land or building used for the storage and sale in bulk of solid, liquid, or gaseous

fuel, but does not include a service station and specifically excludes the sale by retail into the final users vehicle of such fuel from the premises.

fuel depot: means premises used for the storage and sale in bulk of solid or liquid or gaseous fuel but does not include premises used — (a) as a service station; or (b) for the sale of fuel by retail into a vehicle for use by the vehicle; gazettal date: means the date of which notice of the Minister's approval of this Scheme is published in

the Government Gazette. guesthouse: means integrated premises for short-stay guests comprising serviced accommodation units

and on-site tourism facilities such as reception, centralised dining, and management, and where occupation by any person is limited to a maximum of three months in any 12-month period. AMD 3 GG 7/4/09

heritage precinct: means a precinct of heritage value having a distinctive nature, which may contain

elements of only minor individual significance but heightened collective significance, and within whose boundaries controls may be necessary to retain and enhance its character.

hobby farm: means the use of land for the agistment of horses, the growing of vegetables, fruit and

flowers and the keeping of domestic poultry for private use only and not for commercial purposes or sale and shall include any buildings normally associated therewith.

home business means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out a business, service or profession if the carrying out of the business, service or profession — a) does not involve employing more than 2 people who are not members of the occupier’s household;

and b) will not cause injury to or adversely affect the amenity of the neighbourhood; and c) does not occupy an area greater than 50 m2 ; and d) does not involve the retail sale, display or hire of any goods unless the sale, display or hire is done

only by means of the Internet; and

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e) does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood; and

f) does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes tare weight; and g) does not involve the use of an essential service that is greater than the use normally required in the

zone in which the dwelling is located; home occupation: means a business or activity carried out within a dwelling or the curtilage of a dwelling

by a person resident therein or within a domestic outbuilding by a person resident in the dwelling to which it is appurtenant that:

a) entails the conduct of a business, office, a workshop only, and does not entail the retail sale

or display of goods of any nature;

b) does not cause injury to or prejudicially affect the amenity of the neighbourhood;

c) does not detract from the residential appearance of the dwelling or domestic outbuilding;

d) does not entail employment of any person not a member of the occupier's household;

e) does not occupy an area greater than 20m2; f) does not display a sign exceeding 0.2m2 in area;

g) in the opinion of the Council is compatible with the principal uses to which land in the zone

in which it is located may be put;

h) will not result in the requirement for a greater number of parking facilities than normally reserved for a single dwelling, and will not result in a substantial increase in the amount of vehicular traffic in the vicinity;

i) does not entail the presence, parking, and garaging of a vehicle of more than two (2) tonnes

tare weight. home occupation: means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out an occupation if the carrying out of the occupation that — a) does not involve employing a person who is not a member of the occupier’s household; and b) will not cause injury to or adversely affect the amenity of the neighbourhood; and c) does not occupy an area greater than 20 m2 ; and d) does not involve the display on the premises of a sign with an area exceeding 0.2 m2 ; and e) does not involve the retail sale, display or hire of any goods unless the sale, display or hire is done only by

means of the Internet; and f) does not — (i) require a greater number of parking spaces than normally required for a single dwelling; or (ii) result in an increase in traffic volume in the neighbourhood; and g) does not involve the presence, use or calling of a vehicle of more than 4.5 tonnes tare weight; and h) does not include provision for the fuelling, repair or maintenance of motor vehicles; and i) does not involve the use of an essential service that is greater than the use normally required in the zone in which the dwelling is located; hotel: means premises the subject of a hotel licence other than a small bar or tavern licence granted under the Liquor Control Act 1988 including any betting agency on the premises; hotel: means any land or building providing accommodation for the public the subject of a hotel licence

granted under the provisions of the Liquor Licensing Act 1988 (as amended) and may include a betting agency operated in accordance with the Totalisator Agency Betting Board Act 1960 (as amended), but does not include a motel, tavern, or boarding house the subject of a limited hotel licence or other licence granted under that Act.

industry: means the carrying out of any process in the course of trade or business for gain, for and

incidental to one or more of the following:

a) the winning, processing or treatment of minerals;

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b) the making, altering, repairing, or ornamentation, painting, finishing, cleaning, packing, orcanning or adapting for sale, or the breaking up or demolition of any article or part of anarticle;

c) the generation of electricity or the production of gas;

d) the manufacture of edible goods,

and includes, when carried out on land upon which the process is carried out and inconnection with that process, the storage of goods, any work of administration oraccounting, or the wholesaling of, or the incidental sale of goods resulting from the process,and the use of land for the amenity of persons engaged in the process; but does notinclude:

(i) the carrying out of agriculture,

(ii) on-site work on buildings or land,

(iii) in the case of edible goods the preparation of food for retail sale from the premises.

home store means a shop attached to a dwelling that — a) has a net lettable area not exceeding 100 m2 ; andb) is operated by a person residing in the dwelling;

industry means premises used for the manufacture, dismantling, processing, assembly, treating, testing, servicing, maintenance or repairing of goods, products, articles, materials or substances and includes facilities on the premises for any of the following purposes — a) the storage of goods;b) the work of administration or accounting;c) the selling of goods by wholesale or retail;d) the provision of amenities for employees; (e) incidental purposes;

industry - cottage: means a business, professional service, trade or light industry producing arts and craft goods which cannot be carried out under the provisions relating to a "home occupation" and which in the opinion of the CouncilLocal government:

a) does not cause injury to or prejudicially affect the amenity of the neighbourhood;b) where operated in a Residential Zone, does not entail the employment of any person other

than a member of the occupier's household;

c) is conducted in an outbuilding which is compatible within the principal uses to which land inthe zone in which it is located may be put;

d) does not occupy an area greater than 50m2;

e) does not display a sign exceeding 0.2m2 in area.

industry - extractive: means an industry which involves:

a) the extraction of sand, gravel, clay, turf, soil, rock, stone, minerals, or similar substancefrom the land, and also the storage, treatment, or manufacture of products from thosematerials when the manufacture is carried out on the land from which any of the materialsso used is extracted or on land adjacent thereto, and the storage of such materials orproducts;

b) the production of salt by the evaporation of salt water.

industry - general: means an industry other than a cottage, extractive, hazardous, light, noxious, rural, or service industry.

industry - hazardous: means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant

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risk in relation to the locality, to human health, life or property, or to the biophysical environment. Examples of such industry include oil refineries and chemical plants but would generally exclude light, rural, or service industries.

industry - light: means an industry:

a) in which the processes carried on, the machinery used, and the goods and commodities carried to and from the premises will not cause any injury to, or will not adversely affect the amenity of the locality by reason of the emission of light, noise, electrical interference, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater or other waste products; and

b) the establishment of which will not or the conduct of which does not impose an undue load

on any existing or projected service for the supply or provision of water, electricity, sewerage facilities, or any other like services.

industry — light means premises used for an industry where impacts on the amenity of the area in which the premises is located can be mitigated, avoided or managed; industry - noxious: means an industry which is subject to licensing as "Prescribed Premises" under the

Environmental Protection Act 1986 (as amended). industry - rural: means an industry handling, treating, processing, or packing primary products grown,

reared, or produced in the locality, and a workshop servicing plant or equipment used for rural purposes in the locality.

industry - service: means a light industry carried out on land or in buildings which may have a retail shop

front and from which goods manufactured on the premises may be sold; or land and buildings having a retail shop front and used as a depot for receiving goods to be serviced.

intensive agriculture: means the use of land for the purposes of trade, commercial reward or gain,

including such buildings and earthworks normally associated with the following:

a) the production of grapes, vegetables, flowers, exotic and native plants, fruit and nuts;

b) the establishment and operation of plant and fruit nurseries;

c) the development of land for irrigated fodder production and irrigated pasture (including turf farms);

d) the development of land for the keeping, rearing, or fattening of rabbits (for either meat, or

fur production), and other livestock in feedlots;

e) dairy milking sheds;

f) the development of land for the keeping, rearing, or fattening of other livestock above those stocking rates recommended by the Department of Agriculture in consultation with surrounding farmers for the applicable pasture type;

g) aquaculture.

land: shall have the same meaning given to it in and for the purpose of the Act. local shop: means a building or part of a building wherein the only goods offered for sale are foodstuffs,

toiletries, stationery or goods of a similar domestic nature intended for day to day consumption or use by persons living or working in the locality of the shop.

lodging house: shall have the same meaning as is given to it in and for the purposes of the Health Act,

1911 (as amended). lot: shall have the same meaning given to it in and for the purposes of the Act and "allotment" has the same meaning.

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lunchbar means premises or part of premises used for the sale takeaway food (in a form ready to be consumed without further preparation) within industrial or commercial areas. market: means land and buildings used for a fair, a farmer's or producers' market, or a swap-meet in

which the business or selling carried on or the entertainment provided is by independent operators or stall holders carrying on their business or activities independently of the market operator save for the payment where appropriate of a fee or rental.

market: means premises used for the display and sale of goods from stalls by independent vendors; medical centre: means a building (other than a hospital) that contains or is designed to contain facilities

not only for the practitioner or practitioners mentioned under the interpretation of consulting rooms but also for ancillary services such as chemists, pathologists and radiologists. motel: means land and buildings used or intended to be used to accommodate patrons in a manner similar to a hotel or boarding house but in which special provision is made for the accommodation of patrons with motor vehicles and to which a licence under the Liquor Licensing Act 1988 (as amended) has been granted.

medical centre means premises other than a hospital used by 3 or more health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care; motor vehicle and marine sales: means land and buildings used for the display and sale or hire of new

or second-hand motorcycles, cars, trucks, caravans, and boats or any one or more of them and may include the servicing of motor vehicles sold from the site.

motel means premises, which may be licensed under the Liquor Control Act 1988 — a) used to accommodate guests in a manner similar to a hotel; and b) with specific provision for the accommodation of guests with motor vehicles; motor vehicle, boat or caravan sales means premises used to sell or hire motor vehicles, boats or caravans; motor vehicle repair: means land and buildings used for the mechanical repair and overhaul of motor

vehicles including tyre recapping, retreading, panel beating, spray painting and chassis re-shaping.

nett lettable area (NLA): means the area of all floors confined within the internal finished surfaces of

permanent walls but excludes the following areas:

a) all stairs, toilets, cleaners cupboards, lift shafts and motor rooms, escalators, tea rooms and plant rooms, and other service areas;

b) lobbies between lifts facing other lifts serving the same floor;

c) areas set aside as public space or thoroughfares and not for the exclusive use of occupiers of the floor or building;

d) areas set aside for the provision of facilities or services to the floor or building where such

facilities are not for the exclusive use of occupiers of the floor or building. non-conforming use: means any use of land or building which was lawful immediately prior to the

coming into operation of this Scheme, but is not in conformity with the provisions of this Scheme. office: means a building or part of a building used for the conduct of administration, the practice of a

profession, the carrying on of agencies, a post office, bank, building society, insurance office, estate agency, typist and secretarial service, or services of a similar nature, and where not conducted on the site thereof, the administration of or the accounting in connection with a commercial or industrial undertaking.

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owner: in relation to any land includes the Crown and every person who jointly or severally whether at law

or in equity:

a) is entitled to the land for an estate in fee simple in possession; or

b) is a person to whom the Crown has lawfully contracted to grant the fee simple of the land; or

c) is a lessor or licensee from the Crown; or

d) is entitled to receive or is in receipt of, or if the land were let to a tenant, would be entitled to receive the rents and profits thereof, whether as a beneficial owner, trustee, mortgagee in possession, or otherwise.

piggery: shall have the same meaning given to it in and for the purposes of the Health Act, 1911 (as

amended). place: means an area of land sufficiently identified by survey, description or otherwise as to be readily

ascertainable, and includes:

a) an area of land situated in the bed of any watercourse or lake;

b) any works or buildings situated there, their contents relevant to the purpose of the Scheme, and such of their immediate surroundings as may be required for the purposes of the conservation of those works or buildings; and

c) as much of the land beneath the place as is required for the purposes of its conservation.

park home park means premises used as a park home park as defined in the Caravan Parks and Camping Grounds Regulations 1997 Schedule 8; plant nursery: means any land or buildings used for the propagation, rearing, and sale of plants and the

storage and sale of products associated with horticultural and garden decor. place of worship means premises used for religious activities such as a chapel, church, mosque, synagogue or temple; potable water: means water in which the level of physical, chemical and bacteriological constituents do

not exceed the maximum permissible levels set out in International Standards for Drinking Water published by the World Health Organisation.

poultry farm: means any land or buildings used for hatching, rearing or keeping of poultry for either egg

or meat production which does not constitute an offensive trade within the meaning of the Health Act, 1911 (as amended).

private recreation: means land used for parks, gardens, playgrounds, sports arenas, or other grounds

for recreation which are not normally open to the public without charge. produce store: means any land or buildings wherein fodders, fertilisers and grain are displayed and

offered for sale. public amusement: means land and buildings used for the amusement or entertainment of the public,

with or without charge. public authority: shall have the same meaning given to it in and for the purposes of the Act. public recreation: means land used for a public park, public gardens, playground or other grounds for

recreation which are normally open to the public without charge. public utility: means any work or undertaking constructed or maintained by a public authority or the

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CouncilLocal government as may be required to provide water, sewerage, electricity, gas, drainage, communications or other similar services.

public worship: means land and buildings used for the religious activities of a church but does not include an institution for primary, secondary, or higher education, or a residential training institution.

reception centre: means premises used for functions on formal or ceremonial occasions but not for unhosted use for general entertainment purposes. AMD 3 GG 7/4/09

repurposed dwelling means a building or structure not previously used as a single house, which has been repurposed for use as a dwelling.

restaurant: means a building wherein food is prepared for sale and consumption within the building and the expression shall include a licensed restaurant.

restaurant/cafe means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988;

restoration: means any work or process on at or in respect of a building structure or place which wholly or partly brings back the building structure or place to its original condition or which reinstates its historic or natural character either by rebuilding or repairing its fabric or by removing accretions or additions.

rural home business means a dwelling or land around a dwelling used by an occupier of the dwelling to carry out a business, service or occupation if the carrying out of the business, service or occupation — a) does not involve employing more than 2 people who are not members of the occupier’s

household; and b) will not cause injury to or adversely affect the amenity of the neighbourhood; andc) does not occupy an area greater than 200 m2 ; andd) does not involve the retail sale, display or hire of any goods unless the sale, display or hire is done

only be means of the Internet; and e) does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic

volumes in the neighbourhood; and f) does not involve the presence, use or calling of more than 3 vehicles at any one time or of a

vehicle of more than 30 tonnes gross weight;

rural pursuit: means the use of land for any of the purposes set out hereunder and shall include such buildings normally associated therewith:

a) the rearing or agistment of goats, sheep, cattle, or beasts of burden;

b) the stabling, agistment or training of horses;

c) the growing of trees, plants, shrubs, or flowers for replanting in domestic, commercial, orindustrial gardens;

d) the sale of produce grown solely on the lot;

but does not include intensive agriculture.

rural pursuit/hobby farm means any premises, other than premises used for agriculture — extensive or agriculture — intensive, that are used by an occupier of the premises to carry out any of the following activities if carrying out of the activity does not involve permanently employing a person who is not a member of the occupier’s household — (a) the rearing, agistment, stabling or training of animals;(b) the keeping of bees;(c) the sale of produce grown solely on the premises;

schedule: means a schedule to the Scheme.

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second-hand dwelling means a dwelling that has been in a different location, and has been dismantled and transported to another location (in whole or in parts) for habitable purposes, but does not include a new modular or transportable dwelling;

serviced apartment means a group of units or apartments providing — a) self-contained short stay accommodation for guests; and b) any associated reception or recreational facilities; service station: means land and buildings used for the supply of petroleum products and motor vehicle

accessories and for carrying out greasing, tyre repairs and minor mechanical repairs and may include a cafeteria, restaurant or shop incidental to the primary use; but does not include transport depot, panel beating, spray painting, major repair to motor vehicles, or wrecking of vehicles.

shop: means any building wherein goods are kept, exposed or offered for sale by retail, or within which

services of a personal nature are provided (including a hairdresser, beauty therapist or manicurist) but does not include a showroom, fast food outlet or any other premises specifically defined elsewhere in the Scheme.

showroom: means a building wherein goods are displayed and may be offered for sale by wholesale

and/or by retail, excluding the sale by retail of: foodstuffs, liquor or beverages; items of clothing or apparel, magazines, books or paper products; medical or pharmaceutical products; china, glassware or domestic hardware; and items of personal adornment.

tavern: means land and buildings the subject of a Tavern Licence granted under the provisions of the

Liquor Licensing Act, 1988 (as amended). telecommunications infrastructure means premises used to accommodate the infrastructure used by or in connection with a telecommunications network including any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit or other structure related to the network; tourist development means a building, or a group of buildings forming a complex, other than a bed and breakfast, a caravan park or holiday accommodation, used to provide — a) short-term accommodation for guests; and b) onsite facilities for the use of guests; and c) facilities for the management of the development; transport depot: means land and buildings used for the garaging of motor vehicles used or intended to

be used for carrying goods or persons for hire or reward or for any consideration, or for the transfer of goods or persons from one such motor vehicle to another such motor vehicle and includes maintenance, management and repair of the vehicles used, but not of other vehicles.

veterinary hospital: means a building used in connection with the treatment of sick animals and includes

the care and accommodation of animals during or after such treatment. warehouse/storage means premises including indoor or outdoor facilities used for — (a) the storage of goods, equipment, plant or materials; or (b) the display or sale by wholesale of goods; zone: means a portion of the Scheme area shown on the Scheme Map by distinctive colouring, patterns,

symbols, hatching, or edging for the purpose of indicating the restrictions imposed by the Scheme on the erection and use of buildings or for the use of land, but does not include reserved land.

189

SCHEDULE 2 - ADDITIONAL USES

NO LAND PARTICULARS ADDITIONAL USES DEVELOPMENT REQUIREMENTS

1 Part 1 of Lot 18322 Dixon Road, Wadderin AMD 3 GG 7/4/09

Reception Centre With the following incidental uses: • Chalet • Gueshouse • Farm Stay

1. The Additional Uses are to be subject to planning approvaldevelopment approval by the CouncilLocal government under the Scheme.

2. The reception centre and associated guesthouse are to comply with the Building Code of Australia including sufficient bathroom facilities for 18 persons which is the maximum number of persons to be accommodated in the guesthouse.

3. The guesthouse use is to be incidental to the predominant use as reception centre and the guesthouse use is limited to not more than 5 occasions a year unless otherwise approved by the CouncilLocal government.

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SCHEDULE 3 - SPECIAL USE ZONE

PARTICULARS OF LAND SPECIAL USE

Portions of Lots 43 Thomas/Wilfred Streets and Connelly Land, Narembeen

Club Premises

Lot 63, 64, 79, 80 and adjacent ROW Thomas/Doreen/Wilfred Street, Narembeen

Private Recreation - bowling greens

Reserve 28235, part of Reserve 20378, and portion Location 18164 Currall Street and Latham road, Narembeen

Caravan Park, Motel, Camping Area

Lot 2 Latham Road, Narembeen Seed Cleaning

Lot 3 Latham Road, Narembeen Bulk Grain Handling and Storage

Lot 1 Northmore Street, Narembeen Panel beating, service station, and residential PARTICULARS OF LAND SPECIAL USE DEVELOPMENT

REQUIREMENTS Lots 25118 and 28512 Soldiers Road, Mount Walker AMD 3 GG 7/4/09

Chalet, Guesthouse and Reception Centre

1. The Special Uses are to be subject to planning approvaldevelopment approval by the CouncilLocal government under the Scheme.

2. In determining an application for planning approvaldevelopment approval the CouncilLocal government will have regard for the desirability of encouraging uses of this former school site for broader educational purposes by educational, community and religious groups.

191

SCHEDULE 4 - SPECIAL RURAL ZONE

PARTICULARS USE

192

SCHEDULE A – SUPPLEMENTAL PROVISIONS TO THE DEEMED PROVISIONS

(Additional provisions to the Deemed Provisions of the Regulations)

Shire of Narembeen

These provisions are to be read in conjunction with the deemed provisions (Schedule 2) set out in the Planning and Development (Local Planning Schemes) Regulations 2015.

PART 7 – REQUIREMENT FOR PLANNING APPROVAL

Clause 61 (1) The development approval of the Local government is not required for the following development of land: (k) The erection or extension of a single house on a lot in the Farming zone unless the

development;

(i) is located in a place that is: - entered in the Register of Heritage Places under the Heritage of Western

Australia Act 1990; or - the subject of an order under Part 6 of the Heritage of Western Australia Act

1990; or - included on a heritage list prepared in accordance with this Scheme; or - within an area designated under the Scheme as a heritage area; or - the subject of a heritage agreement entered into under the Heritage of Western

Australia Act 1990 section 29.

(ii) is on a lot abutting an unconstructed road or a lot which does not have frontage to a gazetted constructed road;

(iii) entails a variation to the Site Requirements or Development Requirements

applicable to the Farming zone (including building setbacks). (l) The erection or extension of a single house on a single lot in the Residential Development

zone unless:

(i) there is no approved Local Structure Plan and subdivision; (ii) the development entails a variation to the Residential Density Code applicable to

the lot on an approved Local Structure Plan. (m) the erection or extension of an external fixture, patio, pergola, veranda, outbuilding, garage,

carport or swimming pool on a lot in the Farming zone unless:

(i) the development is located in a place that is: - entered in the Register of Heritage Places under the Heritage of Western

Australia Act 1990; or - the subject of an order under Part 6 of the Heritage of Western Australia Act

1990; or - included on a heritage list prepared in accordance with this Scheme; or - within an area designated under the Scheme as a heritage area; or - the subject of a heritage agreement entered into under the Heritage of

Western Australia Act 1990 section 29;

(ii) the aggregate floor area of any carport on a lot exceeds 100m2 ;

(iii) the aggregate floor area of all outbuildings and/or garages on a lot exceeds 300m2 ; 193

(iv) the development is on a lot abutting an unconstructed road or a lot which does nothave frontage to a gazetted constructed road ;

(v) the development entails a variation to the Site Requirements or DevelopmentRequirements applicable to the Farming zone (including building setbacks);

(vi) the development is a Transported, Prefabricated or Relocated building;

(vii) the lot has an area less than 10 hectares.

(n) The erection or extension of an outbuilding or garage on the same lot as a dwelling if theR-Codes apply to the development and the development satisfies the deemed-to-comply requirements of the R-Codes unless –

(i) the outbuilding or garage is a Transportable, Prefabricated or Relocated building.

(o) the erection of a 1.8 metre high dividing boundary fence behind the front setback required bythe Residential Density Codes or building setback applicable to the relevant zone (if no R Code applies).

(p) the erection of visually permeable fencing in the front building setback area in the Industrial andFarming zone.

(q) the carrying out of any works on, in, over or under a street or road by a public authority actingpursuant to the provisions of any Act.

(r) the carrying out of works for the maintenance, improvement or other alteration of any building,being works which affect only the interior of the building or which do not affect the external appearance of the building unless;

(i) the proposed landuse or any change of landuse is not designated as a ‘P’ use inthe relevant zone under Table 1 – Zoning Table;

(ii) the Nett Lettable Area of the building is increased;

(iii) the development entails a variation to Site Requirements or DevelopmentRequirements applicable to the relevant zone (including building setbacks);

(s) the carrying out of works urgently necessary for public safety or for the safety or security ofplant or equipment or for the maintenance of essential services.

Clause 61 (2)

The development approval of the Local government is not required for the following development of land:

a) the use of land in a reserve, where such land is held by the Local government or vested in apublic authority;


(ii) in the case of land vested in a public authority, for any purpose for which such landmay be lawfully used by that authority.

194

SCHEDULE 5 - APPLICATION FOR APPROVAL

Please tick which approval is being sought and fill out the appropriate sections of this form.

PLANNING APPROVAL BUILDING LICENCE

DEMOLITION LICENCE SIGN LICENCE

PROPERTY DETAILS: Lot No ......... House/Street No ............. Location No ................................ Diagram or Plan No ................. Certificate of Title No. .................... Folio ........................... Lot Area (m2) ................................................. Title Encumbrances (eg, easements, restrictive covenants) .................................................................... Street Name ........................................ Suburb ......................................................................................... Nearest Intersection ............................ Assessment No. (Property rate no.) ............................................ OWNER DETAILS:

Name: ........................................................................................................................................................ Address: ....................................................................................................... Post Code: .......................... Phone (work) ..................................... (home) ............................... Fax ...................................................... Contact Person .......................................................................................................................................... Signature ............................................................................ Date .............................................................. Signature ............................................................................ Date .............................................................. Signature ............................................................................ Date ..............................................................

The signature of the landowners is required for all applications. This application will not proceed without that signature. APPLICANT DETAILS:

Name: ........................................................................................................................................................ Address: ....................................................................................................... Post Code: .......................... Phone (work) ..................................... (home) ............................... Fax ...................................................... Contact Person .......................................................................................................................................... Signature ............................................................................ Date .............................................................. PLANNING APPROVAL Existing Building/Land Use ........................................................................................................................ Approx. Cost of Development ............................................ Est Date of Completion ................................. Description of Development of Proposed Use .......................................................................................... Is the land affected by a Restrictive Covenant? ........................................................................................

195

Covenant: ..................................................................................................................................................

196

BUILDING LICENCE BUILDERS DETAILS:

Name: ........................................................................................................................................................

Address: ....................................................................................................... Post Code: ..........................

Registration No .......................... Phone ........................................ Fax ......................................................

Signature ...................................................................................... BUILDING DETAILS: Type of Work:

New Buildings; number of storeys .............................................................................................................

Alterations and Additions; please describe ...............................................................................................

Refurbishment, please describe ................................................................................................................

Relocation; please describe ......................................................................................................................

Outbuildings; please describe ...................................................................................................................

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

Type of building:

House Other Residential Building: No. of dwelling units: ...........................................................................

Single House Group Dwelling, Terrace House or Townhouse

Kit House

Transportable Flat, Unit or Apartment in Building

Outbuildings; please describe: Other, please describe:

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

Non-residential Building; please describe

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

TYPES OF MATERIALS Materials: Floor: Concrete ......................................... Walls: Double Brick .....................................

Other; please describe ................... Other, please describe .....................

Roof: Tiles ........................... Frame: Please describe ......................................................................

New/Second Hand .................... Area (m2) .............................................. Outbuildings (m2) ......................

Contract Value ........................... Building Height ...............................................

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DEMOLITION LICENCE

Type of structure: .....................................................................................................................................

Type/Date Laid: .........................................................................................................................................

Whole or Part Demolition -

Details: ...................................................................................................................................................... SIGN LICENCE

Type of sign: .............................................................................................................................................

Position: .....................................................................................................................................................

Dimensions:.............................................. Materials:.................................................................................

Illumination - Internal/External: ..................................................................................................................

Wording/Illustration (Plan/Design attached): .............................................................................................

OFFICE USE ONLY Acceptance Officer’s Initials: ........................................................ Date Received ....................................

Council Reference No: .................................................................

Collector District: .......................................................................... Checking Inspector: ............................

Permit/Licence No: ....................................................................... Approval Date: ....................................

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SCHEDULE 6 – NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL

SHIRE OF NAREMBEEN

TOWN PLANNING SCHEME NO. 2

NOTICE OF PUBLIC ADVERTISEMENT OF DEVELOPMENT PROPOSAL

It is HEREBY NOTIFIED for public information and comment that the Council has received an application

to develop land for the purpose described hereunder.

LAND DESCRIPTION

LOT NO. ................................................... STREET ..................................................................................

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

PROPOSAL ...............................................................................................................................................

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

Details of the proposal are available for inspection at the Council office. Comments on the proposal may

be submitted to the Council in writing on or before the ...................................................................... day

of .................................................................

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

CHIEF EXECUTIVE OFFICER

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

DATE

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SCHEDULE 7 – DECISION ON APPLICATION FOR PLANNING APPROVAL

SHIRE OF NAREMBEEN

TOWN PLANNING SCHEME NO. 2

DECISION ON APPLICATION FOR PLANNING APPROVAL

The Council having considered the application.

Dated .........................................................................................................................................................

Submitted by .............................................................................................................................................

On behalf of

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

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

hereby advised that it has decided to:

REFUSE/GRANT APPROVAL - TO COMMENCE DEVELOPMENT

subject to the conditions/for the following reasons:

.......................................................... CHIEF EXECUTIVE OFFICER

.......................................................... DATE

NOTE: Should the owners be aggrieved by this decision a right of appeal may exist

under the provisions of the Scheme.

200

ADOPTION Adopted by Resolution of the Council of the Shire of Narembeen at the meeting of the Council held on the 21st day of June 1995.

............................................................. PRESIDENT

.......................................................... CHIEF EXECUTIVE OFFICER

FINAL APPROVAL

1. Adopted by Resolution of the Council of the Shire of Narembeen at the meeting of the Councilheld on the 18th day of November 1998 and pursuant to that Resolution the Seal of theMunicipality was hereunto affixed in the presence of:

............................................................. PRESIDENT

............................................................. CHIEF EXECUTIVE OFFICER

This Scheme Text is to be read in conjunction with the approved maps of the Scheme described in clause 1.5 of the Scheme and to which formal approval was given by the Minister for Planning on the date shown below.

2. RECOMMENDED/SUBMITTED FOR FINAL APPROVAL

..................................................................................................................................................... FOR CHAIRPERSON OF THE WESTERN AUSTRALIAN PLANNING COMMISSION

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

DATE

3. FINAL APPROVAL GRANTED

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

MINISTER FOR PLANNING

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

DATE 23/12/98

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AGENDA ITEM: 8.4.3- Narembeen Roadhouse & Grain Discovery Centre Lease

Subject: Lease Applicant: File Ref: Disclosure of Interest (Staff): Disclosure of Interest (Member): Author: Date: Attachments:

Narembeen Roadhouse & Grain Discovery Centre

N/A N/A Nil Nil Chris Jackson 13th July 2016 Draft Lease

SUMMARY

Council to consider a draft 99 year lease between Go Narembeen and the Shire of Narembeen.

BACKGROUND

As settlement has occurred for the amalgamation of lots 1 & 2 to form new lot 200 in the name of Go Narembeen and the title has now issued the process of the preparation of the lease is now presented for Council consideration.

Council last discussed the matter on 20th May 2015 at which time Council resolved as follows.

That Council:

1. Reaffirm that the Shire of Narembeen will disposal of Lot 2 on Diagram 13892 CurrallStreet (C/T 1113/655) as a gift to Go Narembeen Association Inc. in accordance withthe Local Government Functions & General Regulations Dispositions of propertyexcluded from Act s. 3.58 Section 30 (1) (b).

2. Approve the Contract of Sale as presented.3. Approve ‘Annexure A’ Special Conditions of Sale as presented.4. Approve the Caveat as presented.5. Enter into a long term lease with Go Narembeen Association Inc. for the continued

operation of the Grain Discovery Centre.

COMMENT

The proposed terms of the Lease are set out in the Special Conditions and the following

comments from Civic Legal are as follows with a response provided in red.

1. The Lease is for 99 years. Does the Shire want a right to terminate (for any or noreason) at any time during the Term if it decides not to continue with the GrainDiscovery Centre (GDC)? Yes let’s put that in the draft for Council and Go NBconsideration that each party could give notice to terminate and that both partieswould have to agree. Who knows what could happen within a 99 year timeframe?

202

2. Termination – On termination generally, it is usual for the Lessor to be entitled toterminate for breaches such as non-payment of rent. I assume that we wouldn’twant to Lessor to be able to terminate simply because the Shire omitted to pay$1 in Rent. The question arises as to whether the nominal rent gives the Lessora motivation to look for an opportunity to terminate so that the building can thenbe used for a more commercial purpose and at a commercial rent. I wouldpropose that the Lessor cannot terminate for unpaid money of less than, say,$100. This prevents the Lease being terminated for non-payment of rent, butwould pick up other monetary liabilities. And generally, if the Lessor terminates, ithas the right to recover from the Lessee all moneys that would become owing forthe balance of the Lease Term. If the Lessee is paying other outgoings (on top ofrent), then this could be a reasonably sizeable amount. So we could try to capthat entitlement (and if we have a right to terminate on, say 12 months’ notice,then we could say that the Lessor’s right is limited to that amount that would bepaid as if the Lessee had given notice of termination on that date). Agree with the$100 and a 12 month notice period

3. Outgoings – Is the Shire paying outgoings (Shire rates, water rates etc)? If so,will the GDC be separately rated? Or do we need to apportion the rates, and ifso, on what basis? I believe that all outgoings are currently covered by GoNarembeen and that would continue. Will double check this but proceed on thatbasis. I will also check but as the building GDC and Roadhouse are now allcontained within Lot 200 the property has most likely been revalued and councilwould be rating Go NB for the whole property. We may wish to have a clause thatallows Go NB to claim an exception or reimbursement on shire rates for the areathat contains the GDC.

4. Service charges – Is the GDC separately metered for power and any otherutilities? If not, how would these charges be apportioned? No Go Narembeenpay all costs and collect a gold coin donation that can be made when entering theGDC

5. Refurbishment – leases usually require the Lessee to refurbish (repaint etc) everyso often – 5 years is usual – and at the end of the Term. Do we want anyrefurbishment obligation? Council may wish to have a clause that allows GoNarembeen to be able to approach the Shire for assistance with refurbishment ifrequired and that Council may consider any reasonable request? Also Councilmay also what the opportunity to approach Go Narembeen to include additionaldisplays or other items in the GDC. Also any changes proposed by Go NB to theGDC would also need the approval of the shire.

6. Assignment – The Special Conditions don’t deal with this, but they do allow theuse of the premises for any “use permitted by the local planning scheme thatapplies from time to time”. This would seem to entitle the Shire to assign theLease to a commercial business that wanted to use the premises for acommercial purpose, and then only pay $1 rent for 99 years. Is this what wewant, or can the premises only be used for the GDC or (perhaps) another not-for-profit community enterprise? Council’s intent is that the GDC is a communityspace and should be used for that purpose. But in saying that commercialactivities should not be ruled out all together as either party (Shire or Go NB) mayfind that in 20 years the road houses wishes to extend and this may suit bothparties. Also the GBC may also have a use by date.

7. Damage or destruction – Leases often include a “damage or destruction” clausethat says what would happen if the Leased Premises are damaged ordestroyed. They can require that the Lessor reinstate, or they can give the

203

Lessor the option to reinstate. And they usually give the Lessee the right to terminate if the Lessor does not reinstate within a reasonable period. As long as the Lessor has insured the building, there should be no problem with the Lessor rebuilding. Any thoughts on what you would want? I think the main requirement here is the need for the GDC to be insured by Go NB and if the GDC is damaged or destroyed both parties would work collaboratively to reinstate or to make decisions on its future.

Overall, given the $1/year rent, do you want the Lease document to be as short and simple as possible, or do you want a full commercial style lease? I am sure that both the Council and Go Narembeen would what a short and to the point lease document. We work closely with them and whilst the document needs to protect each party, it needs to reflect that both the Shire and Go Narembeen have the best interests of the community at heart both from a commercial and community prospective.

CONSULTATION

Consultation to take place with representatives of Go Narembeen.


Click here to enter text.


Preparation of the lease estimated at $2,000

POLICY IMPLICATIONS

Nil


The Grain Discovery Centre is a community asset and this lease will protect Council and the communities’ interests.


Nil


That Council 1. Note the above comments2. Authorise the Chief Executive Officer to discuss the draft lease with Go Narembeen

Association Inc.3. Subject to no major alterations to the draft lease authorise the Shire President and

Chief Executive Officer to sign the lease and affix the Common Seal of the Shire ofNarembeen.

COUNCIL RESOLUTION

MIN MOTION - Moved Cr. 2nd Cr. CARRIED /

204

AGENDA ITEM: 8.5.1.- Executive Manager Corporate Services Report

Subject: Executive Manager Corporate Services Report Applicant: N/A File Ref: N/A Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Garry Gregan Date: 11 July 2016 Attachments: Eastern Wheatbelt Strategic Tourism Plan

SUMMARY

Council is requested to consider this report from the Executive Manager Corporate Services and endorse any actions as appropriate.

BACKGROUND

Monthly reports have not previously been provided to Council by the EMCS. It is proposed to provide monthly reports in a format that provides Council with information with a view to assist in the decision making process.

COMMENT

South Kumminin tourist information stop (Minute No: 5973/15) As a result of a request from the Narembeen Historical Society, the owners of Lot 8, Kondinin-Narembeen Road, South Kumminin were contacted by the Shire (on behalf of the Historical Society) seeking the owner's support to site the proposed tourist information stop on their land.

The owners have given approval to erect the information structure subject to them (the owners) being indemnified in writing by the Historical Society against "any harm, or injury caused by the construction or erection of the structure or any ongoing risks associated with the structure". Subject to Council endorsement, it is proposed to re-use the Merredin Road information bay Council resolved to remove on 18 May 2016 (Minute No: 6190/16).

A building permit has been prepared for the information structure.

Narembeen Caravan Park The last 12 months has seen an increase in the number of visitors to Narembeen who are utilising the Narembeen Caravan Park facilities. In addition to this, contractors, such as Underground Services and exploration companies are regularly booking the cabins. This is having an impact on itinerant visitors and staff are regularly receiving requests for one and two night stays, the demand for which we are unable to meet.

As part of the imminent formal review of the Shire's Strategic Community Plan and Corporate Business, Council is recommended to consider increasing capacity at the caravan park. This may be able to be achieved by building more cabins, increasing caravan bays, increasing non-powered sites and constructing a contractor "camp". In addition to this, consideration should be given to providing a free overnight RV facility similar to that in Kulin. Discussion will need to be held to determine a suitable location.

As well as the above, Council will be considering at the July meeting amending the Policy 9.1.11 Parks and Reserves - Access and Usage Policy to include caravan park overflow provisions for large touring groups such as caravan owner clubs. Earlier this year, a caravan

8.5 Executive Manager Corporate Services

230

owner group of approximately 40 caravans wanted to stay in Narembeen, but the absence of a clear policy on caravan park overflow provisions meant they could not be accommodated.

In reviewing the Strategic Community Plan and Corporate Business Plan, consideration will also need to be given to providing capacity to cater for long stay tenants in the caravan park.

Lesser Hall Interpretation Plan (Minute No:6219/16) Planning for the demolition of the Lesser Hall has now commenced as a result of the State Heritage Office approving the final draft of the Lesser Hall Interpretation Plan (IP) and Council's commitment to its implementation.

The author has engaged Zebra Creative to develop the IP's implementation process. This will include liaison with Council on the detail of the IP, including re-use of materials and Council nominating 2 members to liaise with Zebra Creative. A budget allocation of $40,000 has been proposed to commence the IP implementation.

The Lesser Hall will be fenced off as a demolition site and access restricted. Quotes will be called for the demolition as soon as possible.

Aquatic Centre power account (Minute No: 6200/16) At the May meeting, Council instructed staff to seek legal advice on the matter of the backdated Synergy invoices for the swimming pool. As a result, Civic Legal were instructed to examine the revised accounts to find out if Synergy's backdated invoices were consistent with the Terms and Conditions of the supply contract.

Initial advice from Civic Legal suggest that Synergy could only claim for the period not exceeding 12 months prior to the initial advice of the revised accounts. This information has been conveyed to Synergy and at the time of writing no response has been received.

Roe Tourism Association At the RTA meeting held on 20 June 2016, general discussion was held regarding the Eastern Wheatbelt Strategic Tourism Plan. The plan's mission is to foster the tourism in the eastern wheatbelt and involved a range of stakeholders including Tourism WA, local governments, Wheatbelt Development Commission and Australia's Golden Outback. A copy of the EWSTP is attached for Council's information.

The meeting of 20 June also ratified the appointment of an Executive Officer who replaces Jen Gmeiner. Mrs Gmeiner been a driving force for RTA and her contribution for her many years service was recognised at this meeting.

CONSULTATION

Cr Bevan Thomas Civic Legal Leanne Brooke-Mee, CRC Co-ordinator Zebra Creative Administration staff


Nil

231


As per budget requirements or as reported above.

POLICY IMPLICATIONS

Adoption of new policy for caravan park overflow.


9. Provide good strategic decision making, governance, leadership and professionalmanagement.


From 1 July 2016, recording of related party transactions for annual audit purposes will commence.

No related party transactions relate to this item.


That Council receive the Executive Manager Corporate Services Report for July 2016 and endorse associated actions.

COUNCIL RESOLUTION


CARRIED /

232

1

233

2

Vision Develop the Eastern Wheatbelt as a tourism destination

Mission Foster the Eastern Wheatbelt tourism industry through leadership, collaboration, marketing and industry engagement

Values Unity and Collaboration

Stakeholders Tourism WA

Australia’s Golden Outback

Regional Development Australia

Wheatbelt Development Commission

Regional Tourism Groups

Shires of the Eastern Wheatbelt

Wheatbelt Business Network

Private Tourism Operators (including accommodation and food providers)

Target Audience Internal External

Business community

Sub-regional tourism groups

Shires


Caravan Clubs

Families

Intra and Inter State visitors

Grey Nomads

Special interest groups

Issues Accreditation of visitor information points

Creditability

Confusion of target audience

Education

Extensive boundaries

Key Drivers

Private investment and involvement in the tourism industry

Stakeholder buy-in

Value for money

234

3

Eastern Wheatbelt Tourism Structure

Tourism Council WA


Eastern Wheatbelt Tourism

NEW TRAVEL CWVC ROE TOURISM

MEMBER SHIRES

WEROC

Businesses Member Shires

Businesses Shire of

Merredin


Businesses Member Shire


Roles and Responsibilities Eastern Wheatbelt Tourism:

Development, implementation and review of Eastern Wheatbelt Strategic TourismPlan

Industry engagement

Facilitate collaboration

Strategic marketing (State and National level)

Regional Tourism Group:

Development, implementation and review of Eastern Wheatbelt Strategic TourismPlan

Regional development

Regional product marketing and promotion

Shire:

Development, implementation and review of local tourism strategic plan

Local product development and maintenance

Local product marketing

Provision and maintenance of visitor information points

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4

Strategic Objectives

Collaboration

1. Effectively communicate the Eastern Wheatbelt tourism structure and vision

2. Facilitate collaboration between NewTravel, Roe Tourism, WEROC and MemberShires

3. Engage the Wheatbelt Development Commission to develop tourism in the EasternWheatbelt and implement the actions identified in the Eastern Wheatbelt StrategicTourism Plan

Industry Engagement

1. Develop partnerships with leaders of tourism in the region and beyond

2. Effectively engage with the private sector

3. Foster a working relationship with the WBN, WDC and RDA

4. Facilitate education for the tourism industry within the Eastern Wheatbelt

Leadership

1. Communicate the structure, roles and responsibilities to all stakeholders

2. Develop a relationship with the Tourism Council

3. Lead the Eastern Wheatbelt as a destination at the strategic level

4. Strengthen working relationship with the Australia’s Golden Outback

5. Upskill knowledge of Eastern Wheatbelt Tourism Working Group

Marketing

1. Develop and implement annual marketing plan

2. Provide collaborative marketing tool(s)

3. Investigate regional branding

4. Review the Central Wheatbelt Visitor Centre website

236

AGENDA ITEM: 8.5.2.- Narembeen Homes for the Aged

Subject: Agreement between the Shire of Narembeen and Narembeen Homes for the Aged Inc

Applicant: Nil File Ref: ADM521 Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Garry Gregan Date: 12 July 2016 Attachments: Draft Agreement between the Shire of Narembeen and

Narembeen Homes for the Aged

SUMMARY

Council is requested to consider endorsing the proposed agreement with Narembeen Homes for the Aged relating to the properties owned by the Narembeen Homes for the Aged Inc.

BACKGROUND

At the 14 May 2014 meeting, Council resolved the following:

MIN 5720/14 MOTION - Moved Cr. B Cole 2nd Cr. W Cowan That Council

Endorse the proposed Agreement between the Shire of Narembeen and the Narembeen Homes for the Aged Inc. Authorise the Chief Executive Officer to confirm with the Narembeen Homes for the Aged Inc their acceptance of the proposed agreement. Authorise the Chief Executive Officer to sign the agreement on behalf of Council

CARRIED 7/0

The Shire of Narembeen and Narembeen Homes for the Aged (NHA) have enjoyed a long standing arrangement in relation to the properties owned and / or managed by the Narembeen Homes for the Aged. At a recent meeting between the Shire and the NHA, it was recognised that although no conflicting issues of concern have occurred, the need for a formal agreement was necessary to ensure each entity's roles and responsibilities were clearly outlined. As a result, a proposed agreement has been prepared for Council consideration.

At the 17 June 2015 meeting, Council also resolved the following as a result of a request from the Narembeen Homes for the Aged Inc:

MIN 5980/15 MOTION – Moved: Cr. Parsons 2nd: Cr. Thomas

That Council:

Approve the request for rating exemption of the following properties owned by Narembeen Homes for the Aged Inc.: 4 Hilton Way; 33 Ada Street; 20 Thomas Street; and 109 Stanley Street;

237

Instruct staff to inform Landgate of this decision to have the properties mentioned above removed from the rateable GRV Roll. Write to Narembeen Homes for the Aged Inc. advising of this outcome, ensuring they are aware that ESL and rubbish charges will still be payable by them.

CARRIED 9/0

COMMENT

The draft agreement is attached for Council consideration. Council will note that Item 4 of the agreement refers to rates payments and that on 17 June 2015 Council resolved to exempt Narembeen Homes for the Aged Inc from paying Council rates for the properties listed. ESL and rubbish charges are still payable by them.

Item 5 of the agreement relates to insurance of the properties listed on the agreement. The Shire has traditionally insured the buildings as part of its annual insurance schedules. Item 5 recommends that the Narembeen Homes for the Aged insure the buildings and that the Shire reimburse them for the cost of insurance. The advantage of them insuring the properties is that any claims and repair work would be managed by them. It is reasonable to suggest that managing the claim for the recent fire in Gumtree Place would have been better done by the Narembeen Homes for the Aged Inc. However, Narembeen Homes for the Aged have requested that the Shire continue the current arrangement of insuring the properties and in the event of a claim, arrange the quotes and repairs. The claims record however will still be against the Shire and Shire staff will have to initiate the claim and liaise with Council's insurers.

CONSULTATION

Narembeen Homes for the Aged Inc Stephen Thomas, Buildings Supervisor


Nil


The rates exemptions amount to a loss of revenue of approximately $7,000 and approximately $10,800 in expenses in the 2016/17 budget resulting in a net budget shortfall of nearly $18,000.

POLICY IMPLICATIONS

Nil


Shire of Narembeen Corporate Business Plan 2.3.7 Support the development of aged care units and the provision of best practice aged care services, including the current support of the aged care units in the town site. 2.3.9 Works towards being an aged friendly Shire.

238


Nil


That Council: 1. approve the draft agreement between the Shire of Narembeen and the Narembeen

Homes for the Aged Inc as presented;2. Authorise the Chief Executive Officer to inform the Narembeen Homes for the Aged

Inc of Council's decision.3.

COUNCIL RESOLUTION


CARRIED /

239

SHIRE OF NAREMBEENABN 48 322 867 806

1 LONGHURST ST, NAREMBEEN, W.A. 6369

TELEPHONE (08) 9064 7308

FACSIMILE (08) 9064 7037

EMAIL [email protected]

WEB www.narembeen.wa.gov.au

OUR REF. ADM521

YOUR REF.

THIS AGREEMENT dated XXXXXXXX

BETWEEN The Shire of Narembeen of 1 Longhurst Street, Narembeen in the State of Western Australia

AND the Narembeen Homes for the Aged Inc. of PO Box 45, Narembeen in the State of Western Australia

IT IS AGREED 1. That the Narembeen Homes for the Aged Inc. will be responsible for all

building maintenance relating to all Homes for the Aged properties.

2. That the Narembeen Homes for the Aged Inc. will collect all rent for thesaid properties.

3. That the Narembeen Homes for the Aged Inc. be solely responsible forthe administration of the said properties.

4. That the Narembeen Homes for the Aged Inc. will be responsible for allrates, levies, taxes and water and electricity costs for all said properties.

5. That the Narembeen Homes for the Aged Inc insure the properties listed(buildings only) and that the Shire of Narembeen will reimburseNarembeen Homes for the Aged Inc for the insurance premiums paid.

6. That the Shire of Narembeen will be responsible for the groundsmaintenance at 20 Thomas Street, Narembeen only.

The addresses of the said properties owned by the Narembeen Homes for the Aged Inc. are:

33 Ada Street 2 Units Gumtree Place 6 Units 20 Thomas Street 2 Units Nichols Place 4 Units

_______________________________ ______________________________

Chief Executive Officer President Shire of Narembeen Narembeen Homes for the Aged

‘A Great Place To Live’

240

AGENDA ITEM: 8.5.3 Narembeen Homes for the Aged Inc

Subject: Commercial Tenancy Lease Agreement - Narembeen Community Gymnasium

Applicant: Nil File Ref: ADM574 Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Garry Gregan Date: 12 July 2016 Attachments: Draft Commercial Tenancy Lease Agreement -

Narembeen Community Gymnasium

SUMMARY

Council is to consider approving the draft commercial tenancy lease between the Shire of Narembeen and the Narembeen Homes for the Aged Inc for the use of the Narembeen Community Gymnasium.

BACKGROUND

In 2014, Council agreed to operate the community gymnasium which was previously operated by the Department of Health through the Narembeen Memorial Hospital.

The gymnasium is situated in the old Masonic Lodge at 26 Ada Street, Narembeen (corner Stanley Street). This building is owned by Narembeen Homes for the Aged Inc. The gymnasium equipment is the property of the Shire of Narembeen.

The gymnasium has been well used since taken over by the Shire and continues to be popular with both residents, visitors contractors.

COMMENT

A draft commercial tenancy lease has been prepared and is attached for Council consideration.

The proposed lease is for a period of 2 years commencing on 1 July 2016 and ending on 30 June 2018. Options exist to extend the lease (Clause 2a). Rent is set at a peppercorn rate of $1.00 per annum. No bond is payable by the lessee (the Shire).

The lease contains provisions that deals with breaches of the agreement by either party, insurances, terminations, maintenance, assignment and security devices.

CONSULTATION

Narembeen Homes for the Aged Chief Executive Officer


Commercial Tenancies Act

241


The 2016/17 expenditure budget for the operations of the gymnasium amount to $19,198 which is offset by budgeted income of $10,000.

POLICY IMPLICATIONS

Nil


Shire of Narembeen Strategic Community Plan SOCIAL 2.1 Inclusive sport and recreation participation, with diverse activities and activities


Nil


That Council: 1. Consider the draft commercial tenancy lease with Narembeen Homes for the Aged

Inc for the gymnasium building at Lot 109 (26) Ada Street, Narembeen;2. Authorise the Chief Executive Officer to liaise with Narembeen Homes for the Aged

Inc the contents of the draft lease and present a report for Council to approve thefinal agreed lease.

COUNCIL RESOLUTION


CARRIED /

242

COMMERCIAL TENANCY LEASE AGREEMENT

FIXED TERM TENANCY

A. THIS AGREEMENT is made on the between the OWNER(S).

NAREMBEEN HOMES FOR THE AGED INC

Of PO Box 313, Narembeen Western Australia 6369

and the TENANT(S)

NAREMBEEN SHIRE COUNCIL

Of 1 Longhurst street Narembeen WA 6369

B. THE OWNER AGREES TO LET to the TENANT who AGREES TO RENT the premises situated at

26 Ada Street, NAREMBEEN Western Australia 6369.

C. FROM The First (01) day of July 2016

TO The Thirtieth (30th) day of June 2018

being a term of Twenty four (24) Months

243

CONDITIONS

Application of Commercial Tenancy Act and Regulations

1. The OWNER and TENANT shall comply with the provisions of the Commercial Tenancy (Retail

Shops) Agreements Regulations 1985 as they apply to each party. The definition and

interpretation of words used in this AGREEMENT shall be the same as the Commercial Tenancy

(Retail Shops) Agreements Regulations 1985.

Payment of Rent 2. The OWNER lets and the TENANT takes the premises situated at 26 Ada street, Narembeen in

the State of Western Australia together with the furniture and chattels (if any) for use as a

commercial business, being “A Community Gymnasium”.

The OWNER agrees to lease the building to the tenant on a peppercorn lease basis of $1.00 per

annum.

2a. At the expiration of the initial term of the lease, the TENANT shall have one

(1) (1) further option of 12 months, and thereafter the lease may be extended on terms and

conditions agreed between both parties for a term of not exceeding twelve (12) months at any

one time.

2b. Should the TENANT wish to terminate the lease prior to the expiry date, at least four

(4) weeks’ notice must be given in writing.

2c. Or this agreement may be terminated in accordance with conditions or any provisions

of sections 15, 16, 17, 18, or 19 of this agreement or by order of a competent court.

Bond 2d. The TENANT is not required to pay a bond

Owner to provide and maintain premises in reasonable repair

3. The OWNER shall hand over the premises in a reasonable state of cleanliness and

maintain the premises in a reasonable state of repair having regard to i ts age, character and

expected life and shall comply with all requirements in respect of buildings, health and safety

in respect of commercial premises. No equipment is provided as part of the premise lease

agreement i.e. as is.

Tenant to maintain cleanliness and report damage

4. The TENANT shall keep the commercial premises in a reasonable state of cleanliness and

shall notify the owner as soon as practicable but within 3 days of any damage to the premises

and of any state of disrepair which arises during the term of the tenancy.

- Illegal Purpose - Nuisance - Purposes other than dwelling

5. The TENANT shall not use the premises or cause or permit the premises to be used for any

illegal purposes or cause or permit a nuisance. The premises shall be used solely for the

purposes of a community gymnasium business and the TENANT shall not cause or permit the

premises to be used for any other purpose.

Vacant possession without legal impediment to be given at commencement of agreement.

6. On the date of the commencement of the agreement, the OWNER will grant vacant

possession to the TENANT of the c o m m e r c i a l premises and the OWNER states that

at the time of entering the agreement there is no legal impediment either known or

imputed to him to the occupation of the commercial premises as a commercial business for

the term of the tenancy.

Interference with tenant's peace and comfort and

7. The OWNER shall not cause or permit any interference with the reasonable peace, comfort or privacy of the TENANT in the use of the premises and shall take all reasonable steps to enforce this obligation upon any other TENANT of the OWNER in occupation of adjacent

244

privacy. premises.

Owner's right of entry

- With Consent

- Emergency

- Inspection

- Repairs

- Prospective

Tenants

- Prospective

Purchasers

8. The OWNER may, subject to the obligations contained in paragraph 7 above, enter the

premises in the following circumstances:

a) with the consent of the TENANT given at, or immediately before, the time of entry;

b) in any case of emergency;

c) for the purpose of inspecting the premises or any other purpose on a day and at a

reasonable hour specified in a notice given to the TENANT between seven (7) and

fourteen (14) days in advance;

d) for the purpose of carrying out necessary repairs to or maintenance of the premises, at

any reasonable hour, after giving to the TENANT not less than seventy-two (72) hours

notice; e) for the purpose of showing the premises to prospective tenants, at any reasonable

hour and on a reasonable number of occasions during the period of twenty-one (21)

days preceding the termination of this agreement, after giving the TENANT reasonable

notice; and f) for the purpose of showing the premises to prospective purchasers, at any reasonable

hour and on a reasonable number of occasions, after giving the TENANT reasonable

notice.

Locks and Security Devices

9. The OWNER shall provide and maintain such locks and other devices as are necessary to

ensure that the premises are reasonably secure and the OWNER consents to the TENANT to

install and maintain a secure code locking device. The Shire of Narembeen will be responsible for

the maintenance of the locks and issuing access cards to members. Neither the OWNER nor the

TENANT shall alter, remove or add any such lock or device without the consent of the other

given at or immediately before the time of alteration, removal or addition of any such lock or

device.

-Fixtures

-renovations

-alterations or

Additions

10. The TENANT shall not affix any fixture or make any renovation, alteration or addition to

the commercial premises, without the prior consent of the OWNER, provided that such consent

shall not be unreasonably withheld.

Removal of

fixtures

11. Where the OWNER has given consent pursuant to paragraph 10 above the TENANT

may remove any fixture that the tenant has affixed in the premises during the tenancy, unless

the removal of the fixture would cause irreparable damage to the premises.

Compensation for

damage caused by removal of fixtures

12. Where the TENANT causes damage to the premises by the removal of any fixture installed by

the TENANT the tenant shall notify the OWNER, at whose option the tenant will repair or

compensate the OWNER for any reasonable expenses incurred by the OWNER in repairing the

damage.

Rates, taxes

and Water

charges

13. The OWNER shall bear the cost of all rates, taxes or charges imposed in respect of the

premises under any of the following Acts Local Government Act 1995, Land Tax Act 2002, any

written law under which a rate, tax or charge is imposed for ‘water services’, as defined in the

Water Agencies (Powers) Act 1984, other than a charge for water consumed. The TENANT shall

pay 100% of charges for water consumed and all other utilities.

Sub letting or 14. The TENANT may not sublet the premises or assign the tenant’s interest under the

245

assignment AGREEMENT without the prior consent of the OWNER of which consent shall not be

unreasonably withheld. No charge shall be made by the OWNER for that consent, other

than reasonable expenses incidental thereto.

Notice of termination for breach of agreement by tenant (other than non- payment of rent)

15. If the TENANT does not keep his or her part of the agreement except for not paying rent, the

OWNER may give a notice (‘the first notice’) requiring that the matter be put right. If the

TENANT does not put the matter right, then not less than fourteen (14) days after the first

notice was given the OWNER may give another notice (‘the second notice’) in the prescribed

form of the C o m m e r c i a l Tenancy (Retail Shops) Agreements Regulations 1985 to the

TENANT ending the tenancy not less than seven ( 7 ) days after the second notice is given.

Notice of

termination for

breach of

agreement by

tenant (non-

payment of rent)

16. If the TENANT does not pay rent due under the agreement or gives a bad cheque in payment

of rent due under the agreement, the OWNER may either—

i. Give a notice (‘the first notice’) to the TENANT requiring payment of the outstanding

rent and, if the rent is not paid, give another notice (‘the second notice’) to the

TENANT in the prescribed form of the Commercial Tenancy (Retail Shops)

Agreements Regulations 1985, not less than 14 days after the first notice was given,

ending the tenancy not less than seven days after the second notice is given: or;

ii. On the day after the rent was due or on the dishonoring of the cheque, give

notice to the TENANT in the prescribed form of the Commercial Tenancy (Retail Shops)

Agreements Regulations 1985, ending the tenancy not less than seven days after the

notice is given.

In the case of (ii) the tenancy shall not end if the TENANT pays the rent due under the

agreement before the day specified in the notice for vacation of the premises. In addition, an

application by the OWNER to a competent court to end the tenancy shall not be continued if the

TENANT pays the rent due together with the amount of any court application fee at least one

day before the scheduled court hearing.

Termination for

Breach of

agreement

by owner

17. Where the OWNER has breached any term of this AGREEMENT the TENANT may apply to a

competent court for an order terminating the AGREEMENT.

Termination by

Owner

18. If, with the approval of the OWNER, the TENANT shall remain in occupation of the premises

after the expiration of the term of this AGREEMENT or of an extension thereof of this

AGREEMENT shall continue subject to the conditions set out herein until determined by

either party in accordance with the provisions of the Commercial Tenancy (Retail Shops)

Agreements Regulations 1985.

Termination by

Mutual agreement

19. The agreement may be terminated if both the OWNER and the TENANT agree in writing,

signed by both parties, that the tenancy agreement be ended and the date it is to be ended.

Contracting out of

provisions in the

Commercial

Tenancy

Regulations

20. OWNER and TENANT should be aware that it is an offence to contract out of certain

provisions of the Commercial Tenancy (Retail Shops) Agreements Regulations 1985 and

should seek advice from the Department of Commerce (Department) before doing so.

Advice regarding co m m erc i a l tenancies can be obtained free of charge from the

Department’s Telephone Advice Line 1300 30 40 54.

Apart from certain cases it is an offence (maximum fine - $2000) to make an agreement that

includes anything that is contrary to the provisions of the Commercial Tenancy (Retail Shops)

246

Agreements Regulations 1985.

ADDITIONAL CONDITIONS

Business

Registration

21. The TENANT is responsible for their own business registration and associated responsibilities for the operation of a community gymnasium Business and provide a copy to the Owner.

Insurance 22. The OWNER agrees to keep the Premises and the building of which it is a part, adequately insured during the term of the agreement. The TENANT is responsible for all other required Insurances which include all of their own possessions, furniture, business operations and public liability.

Equipment 23. The TENANT is responsible for the provision of all required equipment to operate the community gymnasium Business.

Utilities 24. The TENANT is responsible for payment of all utilities such as Electricity, Water, Gas, Telephone and Internet Consumption etc. including any connection fees or related charges.

Fire 25. The TENANT is to take appropriate precautions at all times to minimise the risk of damage by

fire.

Non-Smoking 28. No smoking inside the premises at anytime, all damage, if any, to be paid for by the TENANT, including total replacement cost if necessary.

Keys 29. On termination of the tenancy the TENANT is to quietly yield up and deliver to the OWNER or its agent all keys and access cards in connection with the Premises including keys made or procured by the TENANT. SIGNED

OWNER(S):

TENANT(S):

Date:

Date:

Witness:

Witness:

Date:

Date:

END OF AGREEMENT

247

AGENDA ITEM: 8.5.4 - Narembeen Community Resource Report - June 2016

Subject: Narembeen Community Resource Centre Report Applicant: N/A File Ref: N/A Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Leanne Brooke-Mee Date: 08 July 2016 Attachments: CRC Service Statistics

SUMMARY

Council is to consider the Community Resource Centre report for July 2016.

BACKGROUND

The Narembeen Community Resource Centre (CRC) will provide a report to Council each highlighting events, projects and activities undertaken by them during the preceding month.

COMMENT

The report has been prepared for Council with a view to reporting on the Outcome Areas

associated with the Department of Regional Development’s funding for the CRC’s Business

and Action Plans.

The Outcome Areas are specified in the CRC’s Action Plan and identify a range of funded activities.

The report is set out below for Council’s consideration.

The action plan for 2016/17 has been approved by the DRD.

Outcome Area 4 – Social development initiatives

Senior Movie Days Senior Movie days were held on a monthly basis throughout 2016, they continue to be popular amongst our Seniors, with between 10 and 17 community members at each event.

Community Training Needs The CRC continues to identify local community training needs.

Narembeen Community Gym The Narembeen Community Gym opened under the management of the Shire of

Narembeen in October 2014 with 64 community members purchasing or renewing

membership.

Men’s Mental Health Event

Blokes night out saw 18 men together for a talk by Dr Kim Hames MLA about men’s health.

The evening was a great success.

248

School Holiday Activity (Movie day)

We had 13 children come to the movie day and it was great to see a mixture of culerly

diverse children.

Outcome Area 4 – Local Community Information Activities

Narembeen Fencepost The Narembeen CRC continues to assist with the production of the local community newspaper and to provide the required support to the Fencepost volunteers. We have recently held a training session with the editors of the Fencepost.

Welcome to Town Packs The CRC prepares and distributes Welcome to Town Packs to new residents. This is an ongoing process that requires updating throughout the year.

Facebook Page – Social Media Tool The CRC is utilising their Facebook page with status updates and photos on a regular basis, which continues to keep the community and facebook readers informed.

Twitter- Social Media Tool We have recently joined Twitter in order to broaden our social media presence.

Community Directory The 2016/2017 community directory has been completed and submitted for printing.

DRD - Statistics:

Under the new reporting regime, the Narembeen CRC must comply in providing DRD with statistics relating to the CRC’s contract to deliver services for the DRD. The CRC’s statistics for the April – June quarter were submitted on 7th of April 2016. A copy of the submitted statistics is attached for your perusal at Attachment A.

CONSULTATION

Executive Manager Corporate Services Mrs Sheree Thomas


Nil


Nil

POLICY IMPLICATIONS

Nil


249

Nil


Nil


That Council receive the CRC Co-ordinator’s Report.

COUNCIL RESOLUTION


CARRIED /

250

AGENDA ITEM: 8.5.5 - June 2016 Schedule of Account

Subject: June 2016 Schedule of Accounts Applicant: Shire of Narembeen File Ref: N/A Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Miss Ashlyn Savin, Administration Officer Date: 7 July 2016 Attachments: List of Payment and Credit Card Statements

SUMMARY

For Council to review the payments made in June 2016.

BACKGROUND

A schedule of accounts paid during the month of June 2016 is provided as follows:

Municipal Cheque Account $189,614.30 Municipal Cash Management Account $0.00 Trust Cheque Account $50.00 Reserve Account $0.00

COMMENT

The following payments >$5,000.00 were made during the month of June 2016:

DD8416.1 02/06/2016 WA LOCAL GOVERNMENT

SUPERANNUATION PLAN

Payroll deductions

7,714.26


SUPERANNUATION PLAN

Payroll deductions

8,485.67


SUPERANNUATION PLAN

Payroll deductions

8,382.36

EFT8761 08/06/2016 GRIFFIN VALUATION

ADVISORY

Revaluation of Plant, Furniture

and Equipment

10,010.00

EFT8770 08/06/2016 NEVILLE JAMES

MCGREGOR

Erection of patio at 2/24 Doreen

St

5,459.53

EFT8773 08/06/2016 RSM Painting Pty Ltd External paint for 10B Ada

Street.

7,892.50

EFT8787 22/06/2016 AUSTRALIAN TAXATION

OFFICE

Bas May 2016

6,955.00

EFT8788 22/06/2016 AVON WASTE 399 bins each week for 5 weeks.

Totals 1995 bins

17,521.66

EFT8798 22/06/2016 LO - GO APPOINTMENTS Robert Edwards - Acting

Manager Works & Services 30th

May to 4th June 2016

6,615.07

EFT8800 22/06/2016 NAREMBEEN HARDWARE

& AG SUPPLIES - SHIRE

WORKSHOP

Bulk fire PPE clothing & freight

5,419.36

255

EFT8804 22/06/2016 PC & JE KENNEDY Install Mountable kerbing

alongside Northmore St Cement

supplied and poured

5,995.00

EFT8808 22/06/2016 RHONDA COLE Presidents Allowance October

2015 to June 2016

7,200.00

EFT8814 22/06/2016 WATER DYNAMICS Supply of materials as per email

and PO 22229

13,306.70

EFT8815 22/06/2016 Western Australian

Treasury Corporation

Loan No. 127C Interest payment

- SSL - Narembeen Homes for

the Aged

7,673.39

CONSULTATION

Nil


Local Government (Financial Management) Regulations 1996 (FMR)

Reg 11. Payment of accounts

1. A local government is to develop procedures for the authorisation of and the payment ofaccounts to ensure that there is effective security for and properly authorised use of:

(a) cheques, credit cards, computer encryption devices and passwords, purchasing cardsand any other devices or methods by which goods, services, money or other benefitsmay be obtained; and

(b) Petty cash systems.

2. A local government is to develop procedures for the approval of accounts to ensure thatbefore payment of an account a determination is made that the relevant debt was incurredby a person who was properly authorised to do so.

3. Payments made by a local government

(a) subject to sub regulation (4), are not to be made in cash; and(b) are to be made in a manner which allows identification of -

(i) the method of payment;(ii) the authority for the payment; and(iii) the identity of the person who authorised the payment.

4. Nothing in sub regulation (3) (a) prevents a local government from making payments in cashfrom a petty cash system.

Reg 12. Payments from municipal fund or trust fund 1. A payment may only be made from the municipal fund or the trust fund –

(a) if the local government has delegated to the CEO the exercise of its power to makepayments from those funds by the CEO; or

(b) otherwise, if the payment is authorised in advance by a resolution of the council

256

2. The council must not authorise a payment from those funds until a list prepared underregulation 13(2) containing details of the accounts to be paid has been presented to thecouncil.

Reg 13. Lists of accounts 1. If the local government has delegated to the CEO the exercise of its power to make

payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is tobe prepared each month showing for each account paid since the last such list wasprepared

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

2. A list of accounts for approval to be paid is to be prepared each month showing:

(a) for each account which requires council authorisation in that month -

(i) the payee’s name;(ii) the amount of the payment; and(iii) sufficient information to identify the transaction; and

(b) the date of the meeting of the council to which the list is to be presented.

3. A list prepared under sub regulation (1) or (2) is to be -

(a) presented to the council at the next ordinary meeting of the council after the list isprepared; and

(b) recorded in the minutes of that meeting.


Shire of Narembeen 2015/2016 Operating Budget.

POLICY IMPLICATIONS

Nil


9 Provide good strategic decision making, governance, leadership and professional management

9.1 Develop leadership skills and behaviours that enhance the knowledge, skills and experience of the Shire staff and Council

9.2 Manage the organisation in a responsible, accountable and consultative manner 9.3 Deliver services that meet the current and future needs and expectations of the

community, whilst maintaining statutory compliance


There are no known related party transactions at this time.

257


That Council; 1. Receive the Schedule of Accounts for June 2016;2. Receive the Corporate Card Activity Statement for the month of May 2016.

COUNCIL RESOLUTION


CARRIED /

258

Chq/EFT Date Name Description Amount

EFT8744 08/06/2016 ALL WAYS FOODS Cleaning Products for Narembeen Caravan Park 684.97

EFT8745 08/06/2016 AMPAC Debt Recovery (WA) Pty Ltd Debt recovery payment - Bodenstein 159.50

EFT8746 08/06/2016 AUSSIE OUTBACK SUPPLIES Blue canvas fire stow bag 819.50

EFT8747 08/06/2016 AUSTRALIAN SERVICES UNION Payroll deductions 51.60

EFT8748 08/06/2016 Ag Implements Quairading Drug and alcohol testing 111.00

EFT8749 08/06/2016 BOC GASES Oxygen, Dissolved Acetylene, Argoshield, nitrogen 45.95

EFT8750 08/06/2016 BROWNLEYS PLUMBING AND GAS Unblock ladies toilet at Shire Office 220.00

EFT8751 08/06/2016 BRUCE ROCK ENGINEERING 3inch x 36inch cylinders with inbuilt over-center valve for

NB5766 735.08

EFT8752 08/06/2016 CONNELLY IMAGES Signage panels for Information Bay 99.00

EFT8753 08/06/2016 COVS Fuel flow meter and grease gun 1,811.55

EFT8754 08/06/2016 CUTTING EDGES PTY LIMITED 10 x grader blades 1,980.00

EFT8755 08/06/2016 CHRIS BRAY ELECTRICS PTY LTD Replace downlights x 4 in kitchen, install a power point in TV

room and 2 lights in the patio area on a separate switch.

Disconnect and remove 2 lights from ceiling fans. Replace 2

smoke detectors. 1,723.70

EFT8756 08/06/2016 COMMANDER AUSTRALIA Shire office telephone charges. Billing period 22nd April - 21st

May 2016 75.41

EFT8757 08/06/2016 DEPARTMENT OF FIRE AND EMERGENCY SERVICES (FESA) 2015/16 ESL quater 4 in accordance with the DFES of WA -

ESLB 4th Qtr contribution 4,318.00

EFT8758 08/06/2016 DEREK MORRISON Repairs to town clock 950.00

EFT8759 08/06/2016 GRAY AND LEWIS PLANNING CONSULTANTS For consulting services rendered from 1 March to 30 April

2016 1,285.63

EFT8760 08/06/2016 GREAYS RECORDS MANAGEMENT & FILESHRED Destruction of Documents 231.00

EFT8761 08/06/2016 GRIFFIN VALUATION ADVISORY Revaluation 10,010.00

EFT8762 08/06/2016 HITACHI CONSTRUCTION MACHINERY PTY LTD Pointer for NB880 32.35

EFT8763 08/06/2016 LANDGATE Mapping date extract to update Synergy. 261.80

EFT8764 08/06/2016 NAREMBEEN HARDWARE & AG SUPPLIES - BUILDING A/C Bit Drill Runner SDS Plus & Galv Dynabolt for Netball courts

212.70

SHIRE OF NAREMBEENSCHEDULE OF ACCOUNTS SUBMITTED TO COUNCIL 20 JULY 2016

259

EFT8765 CANCELLED PAYMENT -

EFT8766 08/06/2016 NAREMBEEN IGA T x 35005 Bonus Pack MB018 bracket 2,059.83

EFT8767 08/06/2016 NAREMBEEN RURAL NEWSAGENCY Stationary for the period of 02/05/2016 - 31/05/2016 364.51

EFT8768 08/06/2016 NESS GAS SUPPLIES 4 x 45kg gas bottles for Caravan Park 480.00

EFT8769 08/06/2016 NAREMBEEN COMMUNITY RECOURSE CENTRE Print and Copy A3 maps for Grain Freight Townsite 311.65

EFT8770 08/06/2016 NEVILLE JAMES MCGREGOR Erection of patio at 2/24 Doreen St 5,459.53

EFT8771 08/06/2016 P M SERVICES NAREMBEEN Waste Site Attendant Wages/hours 21st May to 3rd June

2,496.00

EFT8772 08/06/2016 PC & JE KENNEDY Concrete work for Currall Street Kerbing 540.00

EFT8773 08/06/2016 RSM Painting Pty Ltd External paint for 10B Ada Street. 7,892.50

EFT8774 08/06/2016 ROB ROY PANELBEATERS Replace cracked windscreen on NB 1 (prado) 681.03

EFT8775 08/06/2016 SHIRE OF CORRIGIN Private works - 6 Tonne truck Freight - bin housings x 2 from

exteria maddington to Corrigin Shire depot 2 @ 175 per hour

350.00

EFT8776 08/06/2016 SHIRE OF NAREMBEEN PAYROLL DEDUCTIONS Payroll deductions 210.00

EFT8777 08/06/2016 SIRONA DENTAL SYSTEMS PTY LTD Service call on unit (Dental Chair) serial no. c8+-1956 945.45

EFT8778 08/06/2016 STAR TRACK EXPRESS Freight for parts - Cutting Edge 606.60

EFT8779 08/06/2016 TOLL IPEC PTY LTD Freight for Library Cases - SLWA 97.62

EFT8780 08/06/2016 TOTAL EDEN Supply cast iron impeller 707.30

EFT8781 08/06/2016 TRUCK CENTRE (WA) PTY LTD Filter Kit 1,074.04

EFT8782 08/06/2016 WA CONTRACT RANGER SERVICES Ranger Services performed 26th May to 31st May 2016 818.12

EFT8783 08/06/2016 AUST POST Australia post charges for the month of may. 102.44

EFT8785 22/06/2016 AG IMPLEMENTS NAREMBEEN Starter motor oil filter filter element wheel 2,782.21

EFT8786 22/06/2016 AUSTRALIAN SERVICES UNION Payroll deductions 51.60

EFT8787 22/06/2016 AUSTRALIAN TAXATION OFFICE Bas May 2016 6,955.00

EFT8788 22/06/2016 AVON WASTE 399 bins each week for 5 weeks. Totals 1995 bins 17,521.66

EFT8789 22/06/2016 AMY HARDHAM Councillor Sitting Fees November 2015 to June 2016 1,120.00

EFT8790 22/06/2016 BEST OFFICE SYSTEMS Printing charges from 23/04/2016 to 23/05/2016 893.34

EFT8791 22/06/2016 COVS Dexron III 20L 181.32

EFT8792 22/06/2016 CHRIS BRAY ELECTRICS PTY LTD Install wiring for a new hoist 1,877.70

EFT8793 22/06/2016 EXECUTIVE MEDIA PTY LTD Caravanning Australia Winter 2016 Book 550.00

EFT8794 22/06/2016 EXTERIA Packaging for transport of Norfolk bins 39.60

EFT8795 22/06/2016 HITACHI CONSTRUCTION MACHINERY PTY LTD Compressor Aircon Dryer Pneumatic Accumulator 2,187.64

EFT8796 22/06/2016 HUTTON AND NORTHEY SALES Weatherstrip & Length for NB371 327.17

260

EFT8797 22/06/2016 LANDMARK OPERATIONS LIMITED 20L Sino Roundup, 1kg Metsulfuron, 10kg Atragen for Town

Spraying 633.25

EFT8798 22/06/2016 LO - GO APPOINTMENTS Robert Edwards - Acting Manager Works & Services 30th May

to 4th June 2016 6,615.07

EFT8799 22/06/2016 LANDGATE Rural UV interim valuation shared Scheduled Date: 02/04/2016

to 29/04/2016 & 30/04/2016 to 13/05/2016 79.00

EFT8800 22/06/2016 NAREMBEEN HARDWARE & AG SUPPLIES - SHIRE WORKSHOP Bulk fire PPE clothing & freight

5,419.36

EFT8801 22/06/2016 NAREMBEEN TYRE SERVICE Tyres for NB56 1,083.00

EFT8802 22/06/2016 Narembeen Community Resource Centre Hire - Laptop 173.00

EFT8803 22/06/2016 P M SERVICES NAREMBEEN Waste Transfer Station operating manned hours June

4,5,7,10,11,12,14&17 - 6 hours each day @ $52 per hour 2,496.00

EFT8804 22/06/2016 PC & JE KENNEDY Install Mountable kerbing alongside Northmore St Cement

supplied and poured 5,995.00

EFT8805 22/06/2016 PENNANT HOUSE Vinyl Banner - Banner in the Terrace finished to Perth's specks

247.50

EFT8806 22/06/2016 PERFECT COMPUTER SOLUTIONS PTY LTD Admin computer Synergy errors. 467.50

EFT8807 22/06/2016 RADIOWEST BROADCASTERS PTY LTD MDN - 6MD 17 x ATTN Interviews 55.00

EFT8808 22/06/2016 RHONDA COLE Presidents Allowance October 2015 to June 2016 7,200.00

EFT8809 22/06/2016 SHIRE OF NAREMBEEN PAYROLL DEDUCTIONS Payroll deductions 210.00

EFT8810 22/06/2016 STAR TRACK EXPRESS Freight charges from Cardno Geotech 218.66

EFT8811 22/06/2016 TOLL IPEC PTY LTD Freight for signs 17.96

EFT8812 22/06/2016 Total COUNTRY LANDSCAPING Hire of Bobcat Delivery & Pickup Fuel 880.00

EFT8813 22/06/2016 WA CONTRACT RANGER SERVICES Ranger Services performed 08/06/2016 and 13/06/2016 5

hours of visits and 2 hours travel @85 per hour 1,262.25

EFT8814 22/06/2016 WATER DYNAMICS Supply of materials as per email and PO 22229 13,306.70

EFT8815 22/06/2016 Western Australian Treasury Corporation Loan No. 127C Interest payment - SSL - Narembeen Homes for

the Aged 7,673.39

EFT8816 22/06/2016 IXOM 1 x packaging - 70KG cylinder chlorine 42.28

Total 139,577.52

261


10815 09/06/2016 TELSTRA Phone and data charges for the month of May 1,722.51

10816 09/06/2016 WATER CORPORATION Water usage for Standpipe 815.60

10817 22/06/2016 CR REGINA DELUIS Councillor Sitting Fees November 2015 to June 2016 3,492.50

10818 22/06/2016 CR SYD PARSONS Councillor Sitting Fees November 2015 to June 2016 1,464.00

10819 22/06/2016 Cr BEVAN THOMAS Councillor Sitting Fees November 2015 to June 2016 1,130.00

10820 22/06/2016 Cr STEPHEN PADFIELD Councillor Sitting Fees November 2015 to June 2016 1,248.00

10821 22/06/2016 Cr WILLIAM COWAN Councillor Travel Fees November 2015 to June 2016 1,968.00

10822 22/06/2016 GREGORY VAUGHAN Councillor Sitting Fees December 2015 to March 2016 320.00

10823 22/06/2016 SYNERGY -WESTERN POWER Street light charges for 25/04/2016 to 24/05/2016 2,300.75

10824 22/06/2016 WATER CORPORATION Water usage for Sale Yards 161.42

10825 29/06/2016 P & G LATHAM Narembeen Kondining Road Widening/Land resumption.

Purchase of land for construction. 604.50

Total 15,227.28


DD8413.1 01/06/2016 WESTNET PTY LTD Westnet monthly charges 279.80

DD8416.1 02/06/2016 WA LOCAL GOVERNMENT SUPERANNUATION PLAN Payroll deductions 7,714.26

DD8416.2 02/06/2016 CONCEPT ONE SUPERANNUATION Superannuation contributions 362.50

DD8416.3 02/06/2016 CBUS SUPER Superannuation contributions 663.45

DD8416.4 02/06/2016 BT SUPER FOR LIFE Superannuation contributions 123.48

DD8416.5 02/06/2016 AUSTRALIAN SUPER Superannuation contributions 764.22

DD8416.6 02/06/2016 PRIME SUPERANNUATION FUND Superannuation contributions 169.75

DD8416.7 02/06/2016 PLUM SUPER FUND Superannuation contributions 214.44

DD8416.8 02/06/2016 BT WRAP Superannuation contributions 214.44

DD8416.9 02/06/2016 AMP Life Limited Superannuation contributions 223.80

DD8432.1 10/06/2016 HBF HBF - Health - EMCS as per Contract of Employment 407.40


DD8434.2 16/06/2016 BT Super for Life Superannuation contributions 123.48

DD8434.3 16/06/2016 Concept One Superannuation Superannuation contributions 362.50

DD8434.4 16/06/2016 CBUS Super Superannuation contributions 663.45

DD8434.5 16/06/2016 Prime Superannuation Fund Superannuation contributions 159.10

DD8434.6 16/06/2016 Plum Super Fund Superannuation contributions 238.10

DD8434.7 16/06/2016 BT Wrap Superannuation contributions 214.44


262

DD8434.9 16/06/2016 AMP LIFE LIMITED Superannuation contributions 223.80

DD8436.1 21/06/2016 BANKWEST NB Club - Recreation Centre Opening 1,364.50


DD8449.2 30/06/2016 BT SUPER FOR LIFE Superannuation contributions 123.48

DD8449.3 30/06/2016 CONCEPT ONE SUPERANNUATION Superannuation contributions 362.50

DD8449.4 30/06/2016 CBUS SUPER Superannuation contributions 663.45

DD8449.5 30/06/2016 PRIME SUPERANNUATION FUND Superannuation contributions 190.65

DD8449.6 30/06/2016 PLUM SUPER FUND Superannuation contributions 214.44

DD8449.7 30/06/2016 BT WRAP Superannuation contributions 214.44


DD8449.9 30/06/2016 AMP LIFE LIMITED Superannuation contributions 223.80

DD8454.1 30/06/2016 BUPA AUSTRALIA DD Heath Insurance CEO 388.50

Total 34,809.50

Total MUNI payments 189,614.30


EFT8784 09/06/2016 KARL RIIVE Gym refund for card bond 50.00

Total 50.00

263

AGENDA ITEM: 8.5.6 - Financial Report June 2016

Subject: Financial Report June 2016 Applicant: Shire of Narembeen File Ref: N/A Disclosure of Interest (Staff): N/A Disclosure of Interest (Member): N/A Author: Miss Bonnie Cole, Senior Finance Officer Date: 4 July 2016 Attachments: June 2016 Financial Report, June 2016 CRC Financial

Report, Outstanding Rates Report

SUMMARY

To review Council finances as required by legislation.

BACKGROUND

The attached Financial Reports (including Statement of Financial Activity) are submitted on

behalf of the Shire of Narembeen for the period ending 30 June 2016.

COMMENT

Council's closing position at 30 June 2016 amounts to $874,430 with net current assets of $3,189,490 and $1,825,985 which is restricted cash.

CONSULTATION

Senior Finance Officer Admin Officer Senior Staff


Local Government (Financial Management) Regulations

Reg 34 Financial Activity Statement


Shire of Narembeen 2015/2016 Budget.

POLICY IMPLICATIONS

Nil


Nil


Nil


266

That Council:

1. Receive the Shire of Narembeen's Financial Report for the month of June 2016;2. Receive bank reconciliation for the month of May 2016 for the all Shire Bank Accounts; and3. Receive the Narembeen Community Resource Centre Financial Report for the Month of

June 2016.4. Receive the Outstanding Rates Report as at 4 July 2016.

COUNCIL RESOLUTION


CARRIED /

267

SHIRE OF NAREMBEEN

MONTHLY FINANCIAL REPORT

For the Period Ended 30 June 2016

LOCAL GOVERNMENT ACT 1995

LOCAL GOVERNMENT (FINANCIAL MANAGEMENT) REGULATIONS 1996

TABLE OF CONTENTS

Compilation Report

Monthly Summary Information

Statement of Financial Activity by Program

Statement of Financial Activity By Nature or Type

Statement of Capital Acquisitions and Capital Funding

Statement of Budget Amendments

Note 1 Significant Accounting Policies

Note 2 Explanation of Material Variances

Note 3 Net Current Funding Position

Note 4 Cash and Investments

Note 5 Budget Amendments

Note 6 Receivables

Note 7 Cash Backed Reserves

Note 8 Capital Disposals

Note 9 Rating Information

Note 10 Information on Borrowings

Note 11 Grants and Contributions

Note 12 Trust

268

Report PurposeThis report is prepared to meet the requirements of Local Government (Financial Management)

Regulations 1996, Regulation 34 .

Overview

Summary reports and graphical progressive graphs are provided on page 3, 4 and 5.

No matters of significance are noted.

Statement of Financial Activity by reporting program Is presented on page 6 and shows a surplus as at 30 June 2016 of $874,430.

Note: The Statements and accompanying notes are prepared based on all transactions

recorded at the time of preparation and may vary.

PreparationPrepared by: Bonnie Cole

Reviewed by: Garry Gregan

Date prepared: 04/07/2016

Shire of NarembeenCompilation Report


269

Cash and Cash Equivalents

as at period end

Unrestricted 1,208,309$

Restricted 1,825,985$

3,034,294$

Receivables

Rates 90,497$

Other 89,906$

180,403$

Comments

This information is to be read in conjunction with the accompanying Financial Statements and notes.

Shire of NarembeenMonthly Summary Information


0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Am

ou

nt

$ (

'0

00

s)

Liquidity Over the Year (Refer Note 3)

2013-14

2014-15

2015-16

Current

69%30 Days

4%

60 Days

1%

90+Days

26%

Accounts Receivable Ageing (non- rates)

(Refer Note 6)

0

200

400

600

800

1,000

1,200

1,400

1,600


Am

ou

nt

$('

00

0s)

Rates Receivable (Refer Note 6)

Month 2014-15

Month 2015-16

270

Comments




$0 $500,000 $1,000,000 $1,500,000 $2,000,000

Land and Buildings

Infrastructure Assets - Roads

Infrastructure Assets - Public Facilities

Infrastructure Assets - Footpaths

Infrastructure Assets - Drainage

Heritage Assets

Plant and Equipment

Furniture and Equipment

Capital Expenditure Program YTD (Refer Note 13)

YTD Actual Total

Amended YTD Budget

$0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000

Leave Reserve

Plant Replacement Reserve

Infrastructure Reserve

Avoca Reserve

Recreation Reserve

Housing Reserve

Land Development Reserve

Year To Date Reserve Balance to End of Year Estimate (Refer Note 7)

Actual YTD Closing Balance

Amended Budget Closing Balance

271

Revenues

Expenditure

Comments




0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000


Am

ou

nt

$ (

'0

00

s)

Month ending

Budget Operating Expenses -v- YTD Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000

10,000


Am

ou

nt

$ (

'0

00

s)

Month ending

Budget Operating Revenues -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

9,000


Am

ou

nt

$ (

'0

00

s)

Month ending

Budget Capital Expenses -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000

4,500

5,000

Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May JunA

mo

un

t $

( '

00

0s)

Month ending

Budget Capital Revenue -v- Actual (Refer Note 2)

Budget 2015-16

Actual 2015-16

272

Var. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.

Note

Operating Revenues $ $ $ $ %

Governance 55,600 55,600 46,424 (9,176) (16.50%) �

General Purpose Funding - Rates 9 1,466,550 1,466,550 1,472,381 5,831 0.40% General Purpose Funding - Other 1,077,453 868,140 1,021,660 153,520 17.68% �

Law, Order and Public Safety 75,656 75,656 70,486 (5,170) (6.83%) �

Health 0 0 2,678 2,678

Education and Welfare 0 0 0 0

Housing 78,842 78,842 73,557 (5,285) (6.70%) �

Community Amenities 337,737 1,442,737 210,201 (1,232,536) (85.43%) �

Recreation and Culture 72,928 202,928 50,332 (152,596) (75.20%) �

Transport 168,400 3,414,015 506,446 (2,907,569) (85.17%) �

Economic Services 197,300 197,300 221,496 24,196 12.26% �

Other Property and Services 101,154 101,154 139,325 38,171 37.74% �

Total Operating Revenue 3,631,619 7,902,921 3,814,984 (4,087,937)

Operating Expense

Governance (481,598) (493,221) (673,332) (180,111) (36.52%) �

General Purpose Funding (98,791) (98,791) (106,066) (7,275) (7.36%) �

Law, Order and Public Safety (120,015) (120,015) (84,492) 35,523 29.60% �

Health (215,014) (215,014) (178,072) 36,941 17.18% �

Education and Welfare 0 0 0 0

Housing (268,728) (268,728) (256,464) 12,263 4.56%

Community Amenities (608,438) (608,438) (483,262) 125,176 20.57% �

Recreation and Culture (1,044,357) (1,044,357) (1,121,287) (76,930) (7.37%) �

Transport (2,052,347) (2,137,847) (5,267,000) (3,129,153) (146.37%) �

Economic Services (354,836) (354,836) (342,746) 12,091 3.41%

Other Property and Services (185,862) (185,862) (421,918) (236,056) (127.01%) �

Total Operating Expenditure (5,429,985) (5,527,108) (8,934,638) (3,407,531)

Funding Balance Adjustments

Add back Depreciation 1,928,401 1,928,401 5,110,579 3,182,178 165.02% �

Adjust (Profit)/Loss on Asset Disposal 8 156,512 150,716 150,716 �

Adjust Provisions and Accruals 0 29,082 29,082 �

Net Cash from Operations 286,548 4,304,214 170,723 (4,133,491)

Capital Revenues

Grants, Subsidies and Contributions 11 4,480,615 1,910,615 1,910,615 0 0.00%

Proceeds from Disposal of Assets 8 272,000 318,882 318,882 0 0.00%

Total Capital Revenues 4,752,615 2,229,497 2,229,497 0

Capital Expenses

Land Held for Resale 0 0 0 0

Land and Buildings 13 (2,099,000) (106,502) (106,502) 0 0.00%

Infrastructure - Roads 13 (3,902,507) (1,598,806) (1,598,806) 0 0.00%

Infrastructure - Public Facilities 13 (857,599) (823,951) (823,951) 0 0.00%

Infrastructure - Footpaths 13 (10,000) 0 0 0

Infrastructure - Drainage 13 0 0 0 0

Heritage Assets 13 0 0 0 0

Plant and Equipment 13 (851,000) (830,659) (830,659) 0 0.00%

Furniture and Equipment 13 (120,000) (106,583) (106,583) 0 0.00%

Total Capital Expenditure (7,840,106) (3,466,501) (3,466,501) 0

Net Cash from Capital Activities (3,087,491) (1,237,004) (1,237,004) 0

Financing

Proceeds from New Debentures 677,000 0

Proceeds from Advances 0 0

Self-Supporting Loan Principal 12,128 40,409 40,409

Transfer from Reserves 7 185,000 0 0

Advances to Community Groups 0 0

Repayment of Debentures 10 (96,584) (124,875) (124,875)

Transfer to Reserves 7 (191,260) (135,618) (135,618)

Net Cash from Financing Activities 586,284 (220,083) (220,083)

Net Operations, Capital and Financing (2,214,659) 2,847,127 (1,286,364)

Opening Funding Surplus(Deficit) 3 2,160,794 2,160,794 2,160,794

Closing Funding Surplus(Deficit) 3 (53,865) 5,007,921 874,430

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold.

Refer to Note 2 for an explanation of the reasons for the variance.

This statement is to be read in conjunction with the accompanying Financial Statements and notes.

SHIRE OF NAREMBEEN

STATEMENT OF FINANCIAL ACTIVITY

(Statutory Reporting Program)


Amended YTD

Budget

(a)

YTD

Actual

(b)

Amended

Annual Budget

273

Var. $

(b)-(a)

Var. %

(b)-(a)/(a) Var.

Note

Operating Revenues $ $ $ %

Rates 9 1,466,550 1,464,312

Operating Grants, Subsidies and 0

Contributions 11 1,511,155 1,807,281 1,807,281 �

Fees and Charges 532,034 443,111 443,111 �

Service Charges 0 0

Interest Earnings 119,000 82,057 82,057 �

Other Revenue 999 10,045 10,045 �

Profit on Disposal of Assets 8 1,880 3,178 3,178

Total Operating Revenue 3,631,618 3,809,984 2,345,672 �

Operating Expense

Employee Costs (1,489,766) (1,839,387) (1,839,387) �

Materials and Contracts (1,356,247) (1,243,614) (1,243,614) �

Utility Charges (200,750) (268,344) (268,344) �

Depreciation on Non-Current Assets (1,928,401) (5,110,579) (5,110,579) �

Interest Expenses (68,671) (56,395) (56,395) �

Insurance Expenses (210,758) (207,473) (207,473) �

Other Expenditure (16,999) (54,952) (54,952) �

Loss on Disposal of Assets 8 (158,392) (153,894) (153,894)

Total Operating Expenditure (5,429,984) (8,934,638) (8,780,744) �


Add back Depreciation 1,928,401 5,110,579 5,110,579 �

Adjust (Profit)/Loss on Asset Disposal 8 156,512 150,716 150,716 �

Adjust Provisions and Accruals 29,082 29,082 �

Net Cash from Operations 286,547 165,723 (1,144,695)

Capital Revenues

Grants, Subsidies and Contributions 11 4,480,615 1,915,615 1,915,615 �

Proceeds from Disposal of Assets 8 272,000 318,882 318,882 �

Total Capital Revenues 4,752,615 2,234,497 2,234,497

Capital Expenses

Land Held for Resale 0 0 0

Land and Buildings 13 (2,099,000) (106,502) (106,502) �

Infrastructure - Roads 13 (3,902,507) (1,598,806) (1,598,806) �

Infrastructure - Public Facilities 13 (857,599) (823,951) (823,951) �

Infrastructure - Footpaths 13 (10,000) 0 0

Infrastructure - Drainage 13 0 0 0

Heritage Assets 13 0 0 0

Plant and Equipment 13 (851,000) (830,659) (830,659) �

Furniture and Equipment 13 (120,000) (106,583) (106,583) �

Total Capital Expenditure (7,840,106) (3,466,501) (3,466,501)

Net Cash from Capital Activities (3,087,491) (1,232,004) (1,232,004)

Financing

Proceeds from New Debentures 677,000 0 0

Proceeds from Advances 0 0 0

Self-Supporting Loan Principal 12,128 40,409 40,409

Transfer from Reserves 7 185,000 0 0

Advances to Community Groups 0 0 0

Repayment of Debentures 10 (96,584) (124,875) (124,875)

Transfer to Reserves 7 (191,260) (135,618) (135,618)

Net Cash from Financing Activities 586,284 (220,083) (220,083)

Net Operations, Capital and Financing (2,214,660) (1,286,364) (2,596,782)

Opening Funding Surplus(Deficit) 3 2,160,794 2,160,794 0 0.00%

Closing Funding Surplus(Deficit) 3 (53,866) 874,430 (2,596,782)

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality

threshold. Refer to Note 2 for an explanation of the reasons for the variance.

This statement is to be read in conjunction with the accompanying Financial Statements and notes.

SHIRE OF NAREMBEEN

STATEMENT OF FINANCIAL ACTIVITY

(By Nature or Type)


Amended

Annual Budget

YTD

Actual

(b)

274

YTD 30 06 2016

Note

YTD Actual New

/Upgrade

YTD Actual

(Renewal

Expenditure) YTD Actual Total

Amended YTD

Budget

Amended Annual

Budget Variance(a) (b) (c) = (a)+(b) (d) (d) - (c)

$ $ $ $ $ $

Land and Buildings 13 106,502 106,502 2,116,000 106,502

Infrastructure Assets - Roads 13 167,488 1,431,318 1,598,806 3,991,057 1,598,806

Infrastructure Assets - Public Facilities 13 730,425 93,526 823,951 700,000 823,951

Infrastructure Assets - Footpaths 13 0 10,000 0

Infrastructure Assets - Drainage 13 0 0 0

Heritage Assets 13 0 0 0

Plant and Equipment 13 36,110 794,549 830,659 964,000 830,659

Furniture and Equipment 13 45,875 27,237 73,112 120,000 73,112

Capital Expenditure Totals 1,086,400 2,346,630 3,433,030 0 7,901,057 3,433,030

SHIRE OF NAREMBEEN

STATEMENT OF CAPITAL ACQUSITIONS AND CAPITAL FUNDING


Capital Acquisitions

275

Funded By:

Capital Grants and Contributions 4,423,715 1,910,615 4,423,715 2,513,100

Borrowings 677,000 0 677,000 677,000

Other (Disposals & C/Fwd) 318,882 318,882 272,000 (0)

Own Source Funding - Cash Backed Reserves

Infrastructure Reserve 0 0 0

Pensioner Unit Maintenance Reserve 0 0 0

Plant Replacement Reserve 0 0 0

Total Own Source Funding - Cash Backed Reserves 0 0 185,000 0

Own Source Funding - Operations (1,986,567) (2,229,497) 2,343,342 242,930

Capital Funding Total 3,433,030 0 7,901,057 3,433,030

Comments and graphs

$0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000

Land and Buildings

Infrastructure Assets - Roads

Infrastructure Assets - Public Facilities

Infrastructure Assets - Footpaths

Infrastructure Assets - Drainage

Heritage Assets

Plant and Equipment

Furniture and Equipment

Capital Expenditure Program YTD

YTD Actual Total

Amended YTD Budget

276

Operating Revenues $ $ $ $

Governance 41,600 41,600

General Purpose Funding - Rates 1,466,550 1,466,550

General Purpose Funding - Other 2,082,382 2,082,382

Law, Order and Public Safety 75,656 75,656

Health 0 0

Education and Welfare 0 0

Housing 78,842 78,842

Community Amenities 1,442,737 1,442,737

Recreation and Culture 192,928 192,928

Transport 3,414,015 3,414,015

Economic Services 201,300 201,300

Other Property and Services 101,154 101,154

Total Operating Revenue 9,097,164 0 9,097,164 0

Operating Expense

Governance (450,736) (450,736)

General Purpose Funding (98,791) (46,547) (145,338)

Law, Order and Public Safety (120,015) (120,015)

Health (185,627) (3,958) (189,585)

Education and Welfare 0 0

Housing (146,765) (146,765)

Community Amenities (644,305) (644,305)

Recreation and Culture (993,179) (15,000) (1,008,179)

Transport (2,157,847) (2,157,847)

Economic Services (354,836) (354,836)

Other Property and Services (167,402) (167,402)

Total Operating Expenditure (5,319,503) (65,505) (5,385,008) 0


Add back Depreciation 1,919,268 1,919,268

Adjust (Profit)/Loss on Asset Disposal 168,135 168,135

Adjust Provisions and Accruals 0 0

Net Cash from Operations 5,865,064 (65,505) 5,799,559 0

Capital Revenues

Grants, Subsidies and Contributions 0

Proceeds from Disposal of Assets 351,000 351,000

Proceeds from Sale of Investments 0 0

Total Capital Revenues 351,000 0 351,000 0

Capital Expenses

Land Held for Resale 0 0 0

Land and Buildings (2,126,000) (8,000) (2,134,000)

Infrastructure - Roads (3,991,057) (15,000) (4,006,057)

Infrastructure - Public Facilities (700,000) (700,000)

Infrastructure - Footpaths (10,000) (10,000)

Infrastructure - Drainage 0 0

Heritage Assets 0

Plant and Equipment (964,000) (964,000)

Furniture and Equipment (110,000) (110,000)

Total Capital Expenditure (7,901,057) (23,000) (7,924,057) 0

Net Cash from Capital Activities (7,550,057) (23,000) (7,573,057) 0

Adopted Budget

Amendments

(Note 5)

Amended Annual

Budget

SHIRE OF NAREMBEEN

STATEMENT OF BUDGET AMENDMENTS

(Statutory Reporting Program)


Adopted Budget

Amended YTD

Budget

(a)

277

Financing

Proceeds from New Debentures 677,000 677,000

Proceeds from Advances 0 0

Self-Supporting Loan Principal 12,128 12,128

Transfer from Reserves 185,000 185,000

Purchase of Investments 0 0

Advances to Community Groups 0 0

Repayment of Debentures (96,584) (96,584)

Transfer to Reserves (270,260) (270,260)

Net Cash from Financing Activities 507,284 0 507,284 0

Net Operations, Capital and Financing (1,177,709) (88,505) (1,266,214) 0

Opening Funding Surplus(Deficit) 1,177,709 1,177,709 1,177,709

Closing Funding Surplus(Deficit) 0 (88,505) (88,505) 1,177,709

Indicates a variance between Year to Date (YTD) Budget and YTD Actual data as per the adopted materiality threshold.

278

1. SIGNIFICANT ACCOUNTING POLICIES

(a) Basis of Accounting

This statement comprises a special purpose financial report which has been prepared in accordance

with Australian Accounting Standards (as they apply to local governments and not-for-profit entities),

Australian Accounting Interpretations, other authoritative pronouncements of the Australian Accounting

Standards Board, the Local Government Act 1995 and accompanying regulations. Material accounting

policies which have been adopted in the preparation of this statement are presented below and have been

consistently applied unless stated otherwise.

Except for cash flow and rate setting information, the report has also been prepared on the accrual basis

and is based on historical costs, modified, where applicable, by the measurement at fair value of selected

non-current assets, financial assets and liabilities.

Critical Accounting Estimates

The preparation of a financial report in conformity with Australian Accounting Standards requires

management to make judgements, estimates and assumptions that effect the application of policies and

reported amounts of assets and liabilities, income and expenses.

The estimates and associated assumptions are based on historical experience and various other factors

that are believed to be reasonable under the circumstances; the results of which form the basis of making

the judgements about carrying values of assets and liabilities that are not readily apparent from other

sources. Actual results may differ from these estimates.

(b) The Local Government Reporting Entity

All Funds through which the Council controls resources to carry on its functions have been included in

this statement.

In the process of reporting on the local government as a single unit, all transactions and balances

between those funds (for example, loans and transfers between Funds) have been eliminated.

All monies held in the Trust Fund are excluded from the statement, but a separate statement of those

monies appears at Note 12.

(c) Rounding Off Figures

All figures shown in this statement are rounded to the nearest dollar.

(d) Rates, Grants, Donations and Other Contributions

Rates, grants, donations and other contributions are recognised as revenues when the local government

obtains control over the assets comprising the contributions. Control over assets acquired from rates is

obtained at the commencement of the rating period or, where earlier, upon receipt of the rates.

(e) Goods and Services Tax

Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of

GST incurred is not recoverable from the Australian Taxation Office (ATO).

Receivables and payables are stated inclusive of GST receivable or payable.

The net amount of GST recoverable from, or payable to, the ATO is included with receivables or payables

in the statement of financial position.

Cash flows are presented on a gross basis. The GST components of cash flows arising from investing or

financing activities which are recoverable from, or payable to, the ATO are presented as operating

cash flows.

SHIRE OF NAREMBEEN

NOTES TO THE STATEMENT OF FINANCIAL ACTIVITY


279

1. SIGNIFICANT ACCOUNTING POLICIES (Continued)

(f) Cash and Cash Equivalents

Cash and cash equivalents include cash on hand, cash at bank, deposits available on demand with

banks and other short term highly liquid investments that are readily convertible to known amounts of

cash and which are subject to an insignificant risk of changes in value and bank overdrafts.

Bank overdrafts are reported as short term borrowings in current liabilities in the statement of financial

position.

(g) Trade and Other Receivables

Trade and other receivables include amounts due from ratepayers for unpaid rates and service charges

and other amounts due from third parties for goods sold and services performed in the ordinary course

of business.

Receivables expected to be collected within 12 months of the end of the reporting period are classified

as current assets. All other receivables are classified as non-current assets.

Collectability of trade and other receivables is reviewed on an ongoing basis. Debts that are known to be

uncollectible are written off when identified. An allowance for doubtful debts is raised when there is

objective evidence that they will not be collectible.

(h) Inventories

General

Inventories are measured at the lower of cost and net realisable value.

Net realisable value is the estimated selling price in the ordinary course of business less the estimated

costs of completion and the estimated costs necessary to make the sale.

Land Held for Resale

Land held for development and sale is valued at the lower of cost and net realisable value. Cost includes

the cost of acquisition, development, borrowing costs and holding costs until completion of development.

Finance costs and holding charges incurred after development is completed are expensed.

Gains and losses are recognised in profit or loss at the time of signing an unconditional contract of sale if

significant risks and rewards, and effective control over the land, are passed on to the buyer at this point.

Land held for sale is classified as current except where it is held as non-current based on Council’s

intentions to release for sale.

(i) Fixed Assets

All assets are initially recognised at cost. Cost is determined as the fair value of the assets given as

consideration plus costs incidental to the acquisition. For assets acquired at no cost or for nominal

consideration, cost is determined as fair value at the date of acquisition. The cost of non-current assets

constructed by the local government includes the cost of all materials used in the construction, direct

labour on the project and an appropriate proportion of variable and fixed overhead.

Certain asset classes may be revalued on a regular basis such that the carrying values are not materially

different from fair value. Assets carried at fair value are to be revalued with sufficient regularity to ensure

the carrying amount does not differ materially from that determined using fair value at reporting date.

SHIRE OF NAREMBEEN



280


(j) Depreciation of Non-Current Assets

All non-current assets having a limited useful life are systematically depreciated over their useful

lives in a manner which reflects the consumption of the future economic benefits embodied in

those assets.

Depreciation is recognised on a straight-line basis, using rates which are reviewed each reporting

period. Major depreciation rates and periods are:

Buildings 25 to 50 years

Construction other than Buildings (Public Facilities) 5 to 50 years

Furniture and Equipment 4 to 10 years

Plant and Equipment 5 to 15 years

Heritage Assets 25 to 50 years

Roads 25 years

Footpaths 50 years

Sewerage Piping 75 years

Water Supply Piping and Drainage Systems 75 years

(k) Trade and Other Payables

Trade and other payables represent liabilities for goods and services provided to the Council prior to the

end of the financial year that are unpaid and arise when the Council becomes obliged to make future

payments in respect of the purchase of these goods and services. The amounts are unsecured, are

recognised as a current liability and are normally paid within 30 days of recognition.

(l) Employee Benefits

The provisions for employee benefits relates to amounts expected to be paid for long service leave,

annual leave, wages and salaries and are calculated as follows:

(i) Wages, Salaries, Annual Leave and Long Service Leave (Short-term Benefits)

The provision for employees’ benefits to wages, salaries, annual leave and long service leave expected to

be settled within 12 months represents the amount the Shire has a present obligation to

pay resulting from employees services provided to balance date. The provision has been calculated at

nominal amounts based on remuneration rates the Shire expects to pay and includes related on-costs.

(ii) Annual Leave and Long Service Leave (Long-term Benefits)

The liability for long service leave is recognised in the provision for employee benefits and measured as the

present value of expected future payments to be made in respect of services provided by employees up to

the reporting date using the project unit credit method. Consideration is given to expected future wage

and salary levels, experience of employee departures and periods of service. Expected future payments

are discounted using market yields at the reporting date on national government bonds with terms to

maturity and currency that match as closely as possible, the estimated future cash outflows. Where the

Shire does not have the unconditional right to defer settlement beyond 12 months, the liability is

recognised as a current liability.

SHIRE OF NAREMBEEN



281


(m) Interest-bearing Loans and Borrowings

All loans and borrowings are initially recognised at the fair value of the consideration received less

directly attributable transaction costs.

After initial recognition, interest-bearing loans and borrowings are subsequently measured at amortised

cost using the effective interest method. Fees paid on the establishment of loan facilities that are

yield related are included as part of the carrying amount of the loans and borrowings.

Borrowings are classified as current liabilities unless the Council has an unconditional right to defer

settlement of the liability for at least 12 months after the balance sheet date.

Borrowing Costs

Borrowing costs are recognised as an expense when incurred except where they are directly attributable

to the acquisition, construction or production of a qualifying asset. Where this is the case, they are

capitalised as part of the cost of the particular asset.

(n) Provisions

Provisions are recognised when: The council has a present legal or constructive obligation as a result of

past events; it is more likely than not that an outflow of resources will be required to settle the obligation;

and the amount has been reliably estimated. Provisions are not recognised for future operating losses.

Where there are a number of similar obligations, the likelihood that an outflow will be required in settlement

is determined by considering the class of obligations as a whole. A provision is recognised even if the

likelihood of an outflow with respect to any one of item included in the same class of obligations may be

small.

(o) Current and Non-Current Classification

In the determination of whether an asset or liability is current or non-current, consideration is given to the

time when each asset or liability is expected to be settled. The asset or liability is classified as current

if it is expected to be settled within the next 12 months, being the Council's operational cycle. In the

case of liabilities where Council does not have the unconditional right to defer settlement beyond 12 months,

such as vested long service leave, the liability is classified as current even if not expected to be settled

within the next 12 months. Inventories held for trading are classified as current even if not expected to be

realised in the next 12 months except for land held for resale where it is held as non current based on

Council's intentions to release for sale.

SHIRE OF NAREMBEEN



282


(p) Nature or Type Classifications

Rates

All rates levied under the Local Government Act 1995. Includes general, differential, specific area

rates, minimum rates, interim rates, back rates, ex-gratia rates, less discounts offered. Exclude

administration fees, interest on instalments, interest on arrears and service charges.

Operating Grants, Subsidies and Contributions

Refer to all amounts received as grants, subsidies and contributions that are not non-operating grants.

Non-Operating Grants, Subsidies and Contributions

Amounts received specifically for the acquisition, construction of new or the upgrading of non-current

assets paid to a local government, irrespective of whether these amounts are received as capital grants,

subsidies, contributions or donations.

Profit on Asset Disposal

Profit on the disposal of assets including gains on the disposal of long term investments.

Losses are disclosed under the expenditure classifications.

Fees and Charges

Revenues (other than service charges) from the use of facilities and charges made for local government

services, sewerage rates, rentals, hire charges, fee for service, photocopying charges, licences, sale

of goods or information, fines, penalties and administration fees. Local governments may wish to disclose

more detail such as rubbish collection fees, rental of property, fines and penalties, other fees and charges.

Service Charges

Service charges imposed under Division 6 of Part 6 of the Local Government Act 1995. Regulation 54

of the Local Government (Financial Management) Regulations 1996 identifies the These are television

and radio broadcasting, underground electricity and neighbourhood surveillance services. Exclude

rubbish removal charges. Interest and other items of a similar nature received from bank and investment

accounts, interest on rate instalments, interest on rate arrears and interest on debtors.

Interest Earnings

Interest and other items of a similar nature received from bank and investment accounts, interest on rate

instalments, interest on rate arrears and interest on debtors.

Other Revenue / Income

Other revenue, which can not be classified under the above headings, includes dividends, discounts,

rebates etc.

Employee Costs

All costs associate with the employment of person such as salaries, wages, allowances, benefits such

as vehicle and housing, superannuation, employment expenses, removal expenses, relocation expenses,

worker's compensation insurance, training costs, conferences, safety expenses, medical examinations,

fringe benefit tax, etc.

Materials and Contracts

All expenditures on materials, supplies and contracts not classified under other headings. These include

supply of goods and materials, legal expenses, consultancy, maintenance agreements, communication

expenses, advertising expenses, membership, periodicals, publications, hire expenses, rental, leases,

postage and freight etc. Local governments may wish to disclose more detail such as contract services,

consultancy, information technology, rental or lease expenditures.

Utilities (Gas, Electricity, Water, etc.)

Expenditures made to the respective agencies for the provision of power, gas or water. Exclude

expenditures incurred for the reinstatement of roadwork on behalf of these agencies.


SHIRE OF NAREMBEEN


283


(q) Nature or Type Classifications (Continued)

Insurance

All insurance other than worker's compensation and health benefit insurance included as a cost of employment.

Loss on asset disposal

Loss on the disposal of fixed assets.

Depreciation on non-current assets

Depreciation expense raised on all classes of assets.

Interest expenses

Interest and other costs of finance paid, including costs of finance for loan debentures, overdraft

accommodation and refinancing expenses.

Other expenditure

Statutory fees, taxes, provision for bad debts, member's fees or levies including WA Fire Brigade

Levy and State taxes. Donations and subsidies made to community groups.

(r) Statement of Objectives

Council has adopted a 'Plan for the future' comprising a Strategic Community Plan and Corporate

Business Plan to provide the long term community vision, aspirations and objectives.

Based upon feedback received from the community the vision of the Shire is:

"A wonderful place to live, work, invest and visit with the community working together

to achieve shared objectives"

The Strategic Community Plan defines the key objectives of the Shire as:

"Economic: A strong, resilient and balanced economy.

Environment: Our unique natural and built environment is protected and enhanced.

Social: Our community enjoys a high quality of life.

Civic Leadership: A collaborative and engaged community."

(s) Reporting Programs

Council operations as disclosed in this statement encompass the following service orientated

activities/programs:

GOVERNANCE

Expenses associated with provision of services to members of council and elections. Also included are costs

associated with computer operations, corporate accounting, corporate records and asset management. Costs

reported as administrative expenses are redistributed in accordance with the principle of activity based

costing (ABC).

GENERAL PURPOSE FUNDING

Rates and associated revenues, general purpose government grants, interest revenue and other

miscellaneous revenues such as commission on Police Licensing. The costs associated with raising the

above mentioned revenues, eg. Valuation expenses, debt collection and overheads.

LAW, ORDER, PUBLIC SAFETY

Enforcement of Local Laws, fire prevention, animal control and provision of ranger services.

HEALTH

Health inspection services, food quality control, mosquito control and contributions towards provision of

medical health services.

SHIRE OF NAREMBEEN



284


(s) Reporting Programs (Continued)

HOUSING

Provision and maintenance of rented housing accommodation for pensioners and employees.

COMMUNITY AMENITIES

Sanitation, sewerage, stormwater drainage, protection of the environment, public conveniences, cemeteries

and town planning.

RECREATION AND CULTURE

Parks, gardens and recreation reserves, library services, television and radio re-broadcasting, swimming

facilities, walk trails, youth recreation, Shark Bay World Heritage Discovery and Visitor Centre, boat ramps,

foreshore, public halls and Shark Bay Recreation Centre.

TRANSPORT

Construction and maintenance of roads, footpaths, drainage works, parking facilities, traffic control, depot

operations, plant purchase, marine facilities and cleaning of streets.

ECONOMIC SERVICES

Tourism, community development, pest control, building services, caravan parks and private works.

OTHER PROPERTY & SERVICES

Plant works, plant overheads and stock of materials.

SHIRE OF NAREMBEEN



285

Note 2: EXPLANATION OF MATERIAL VARIANCES

Reporting Program Var. $ Var. % Var.Timing/

Permanent Explanation of Variance

Operating Revenues $ %

Governance (9,176) (16.50%) �

General Purpose Funding - Rates 5,831 0.40%

General Purpose Funding - Other 153,520 17.68% �

Law, Order and Public Safety (5,170) (6.83%) �

Health 2,678

Education and Welfare 0

Housing (5,285) (6.70%) �

Community Amenities (1,232,536) (85.43%) � Permanent NSRF Funding not received

Recreation and Culture (152,596) (75.20%) � Permanent Bowling Green funds receipted as capital income

Transport (2,907,569) (85.17%) � Timing R2R funds rceipted as capital income

Economic Services 24,196 12.26% � Permanent Caravan Park income

Other Property and Services 38,171 37.74% � Permanent Private works income for GFN

Operating Expenditure

Governance (180,111) (36.52%) � Timing Admin allocations not performed

General Purpose Funding (7,275) (7.36%) �

Law, Order and Public Safety 35,523 29.60% � Timing Fire Brigade expenses not completed.

Health 36,941 17.18% � Timing Admin allocations not performed

Education and Welfare 0

Housing 12,263 4.56% Timing Admin allocations not performed

Community Amenities 125,176 20.57% � Permanent Transfer station maintenance costs not required

Recreation and Culture (76,930) (7.37%) � Permanent Rec Centre Maintenance undertaken

Transport (3,129,153) (146.37%) � Permanent Storm Damage repairs

Economic Services 12,091 3.41%

Other Property and Services (236,056) (127.01%) � Timing POC not allocated

SHIRE OF NAREMBEENNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY

For the Period Ended 30 April 2016

286

Note 3: NET CURRENT FUNDING POSITION

Note

YTD 30 Jun

2016 Previous Period

Same Period

Last year

$ $ $

Current Assets

Cash Unrestricted 4 1,208,309 1,538,068 1,513,676

Cash Restricted 4 1,825,985 1,824,641 1,687,163Receivables - Rates 6 90,497 116,847 119,742Receivables -Other 6 57,682 63,381 822,782Inventories 7,017 7,017 18,574

3,189,490 3,549,954 4,161,937

Less: Current Liabilities

Payables (201,826) (80,056) (124,518)Provisions (287,250) (287,250) (247,950)

(489,075) (367,305) (372,468)

Less: Cash Reserves 7 (1,825,985) (1,873,668) (1,687,163)

Net Adjustment for Borrowings. 0 0 422

Net Current Funding Position 874,430 1,308,981 2,102,728

Comments - Net Current Funding Position

SHIRE OF NAREMBEEN



Positive=Surplus (Negative=Deficit)

0

500

1,000

1,500

2,000

2,500

3,000

3,500

4,000


Am

ou

nt

$ (

'0

00

s)

Note 3 - Liquidity Over the Year

2015-16

2014-15

2013-14

287

Note 4: CASH AND INVESTMENTS

Interest Unrestricted Restricted Trust CRC Total Institution Maturity

Rate $ $ $ $ Amount $ Date

(a) Cash Deposits

Municipal Account 0.01% 165,801 165,801 BankWest At Call

Operating Account 0.01% 23,747 23,747 Bankwest At Call

Trust Bank Account 0.01% 17,013 17,013 BankWest At Call

Reserve Account 1.25% 1,825,985 1,825,985 BankWest At Call

Cash Management Account 1.25% 491,149 491,149 BankWest At Call

Loan Funds 1.25% 0 BankWest At Call

0

(b) Term Deposits 0

Gold Term Desposit 2.50% 65,000 65,000 BankWest 23-Jun-16

Term Deposits 2.00% 72,000 720,000 792,000 BankWest 24-Jun-16

Total 728,950 2,545,985 17,013 88,747 3,380,695

Comments/Notes - Investments

SHIRE OF NAREMBEEN



288

Note 5: BUDGET AMENDMENTS

Amendments to original budget since budget adoption. Surplus/(Deficit)

GL Account

Code Description Council Resolution Classification

Non Cash

Adjustment

Increase in

Available Cash

Decrease in

Available Cash

Amended

Budget Running

Balance

$ $ $ $

Budget Adoption Opening Surplus

Permanent Changes

Opening surplus adjustment 6141/16 983,085 983,085

1627 Repairs to Retaining Wall Admin Garden 6033/15 Capital Expenses (8,000) 975,085

1111102 Interpretation Plan for Lesser Hall 6063/15 Operating Expenses (15,000) 960,085

7511020 Additional Computer for Medical Centre 6070/15 Operating Expenses (3,958) 956,127

3221100 FAG Grant 6141/16 Operating Revenue (580,775) 375,352

1212500 FAG Grant 6141/16 Operating Revenue (424,156) (48,804)

4226000 Admin Income 6141/16 Operating Revenue 14,000 (34,804)

1312300 Skeleton Weed Grant 6141/16 Operating Revenue (14,000) (48,804)

1322100 Caravan Park Income 6141/16 Operating Revenue 10,000 (38,804)

1132100 Rec and Sport other Income 6141/16 Capital Revenue 10,000 (28,804)

4211021 Building Maintenance Salaries - Admin 6141/16 Operating Expenses (7,485) (36,289)

9111034 Building Maintenance Salaries - Staff Housing 6141/16 Operating Expenses (18,259) (54,548)

9226000 Building Maintenance Salaries - Other Housing 6141/16 Operating Expenses (18,203) (72,751)

1131203 Building Maintenance Salaries - Recreation 6141/16 Operating Expenses (9,745) (82,496)

1482117 Building Maintenance Salaries - Commercial Buildings 6141/16 Operating Expenses (11,660) (94,156)

4211300 Admin Office Computer Equipment 6141/16 Operating Expenses (5,000) (99,156)

4211400 Admi Telephone 6141/16 Operating Expenses (10,000) (109,156)

4212200 Asset Valuations 6141/16 Operating Expenses (5,000) (114,156)

7511020 Doctors Surgery 6141/16 Operating Expenses (29,387) (143,543)

1021104 Depreciation - Sanitation 6141/16 Operating Expenses (9,133) (152,676)

1051111 CRC Wages 6141/16 Operating Expenses 40,000 (112,676)

1131102 Rec Centre Maintenance 6141/16 Operating Expenses (26,432) (139,108)

4211100 Admin Printing & Stationery 6141/16 Operating Expenses (5,000) (144,108)

5312000 Review of Local Laws 6141/16 Operating Expenses 5,000 (139,108)

1221102 Depot Maintenance 6141/16 Operating Expenses 20,000 (119,108)

1431400 Office Costs - Depot 6141/16 Operating Expenses (6,800) (125,908)

1605 15 Northmore - Fence 6141/16 Capital Expenses (5,000) (130,908)

1615 NB1 Replace 6141/16 Capital Expenses 5,000 (125,908)

1613 1NB Replace 6141/16 Capital Expenses 60,000 (65,908)

1618 Grader 6141/16 Capital Expenses 25,000 (40,908)

1530 Sign Trailer 6141/16 Capital Expenses 3,000 (37,908)

1532 Bowling Greens 6141/16 Capital Expenses (100,000) (137,908)

1601 Community Bus Shed Upgrade 6141/16 Capital Expenses 30,000 (107,908)

1619 Roller 6141/16 Capital Expenses 20,000 (87,908)

1519 Netball Courts 6141/16 Capital Expenses (17,600) (105,508)

1625 Wogarl Muntadgin Road Resheet 6141/16 Capital Expenses 48,550 (56,958)

1426 Wilson Road Resheet 6141/16 Capital Expenses 40,000 (16,958)

1011131 Bendering Landfill Management 6124/16 Operating Expenses (15,000) (31,958)

3112000 Rates Write off - Goldmine 6160.16 Operating Expenses (18,998) (50,956)

3112000 Rates Write off - Non -Current Rates 6176/16 Operating Expenses (13,775) (64,731)

1426 Wilson Road Resheet 6176/16 Operating Expenses (15,000) (79,731)

983,085 330,550 (1,330,593)

SHIRE OF NAREMBEEN



289

Note 5 (a): BUDGET AMENDMENTS - CORPORATE BUSINESS PLAN LINKAGE

A number of additional operating actions were forecast to be undertaken during the current period of the Corporate Business Plan CBP which result in

additional operating expenditure or revenue. The additional activities for the current year are summarised below along with the amount included within the

budget and budget amendments.

Strategy

Ref Strategy Action Ref Action

2015-16

per CBP

Adopted

Budget

Amended

Budget YTD Expenditure

Total - - - -

SHIRE OF NAREMBEEN



290

Note 6: RECEIVABLES

Receivables - Rates Receivable YTD 30 Jun 2016 30 June 2014 Receivables - General Current 30 Days 60 Days 90+Days

$ $ $ $

$ $ Receivables - General 61,778 3,524 802 23,802

Opening Arrears Previous Years 106,645 106,645

Levied this year (1,471,794) Total Receivables General Outstanding 89,906

Less Collections to date 1,274,652

Equals Outstanding (90,497) 106,645 Amounts shown above include GST (where applicable)

Net Rates Collectable (90,497) 106,645

% Collected 93.37% 0.00%

Comments/Notes - Receivables Rates Comments/Notes - Receivables General

SHIRE OF NAREMBEEN



0

200

400

600

800

1,000

1,200

1,400

1,600


Am

ou

nt

$('

00

0s)

Note 6 - Rates Receivable

2014-15

2015-16 Current

69%30 Days

4%

60 Days

1%

90+Days

26%

Note 6 - Accounts Receivable (non-rates)

291

Note 7: Cash Backed Reserve

2015-16

Name Opening Balance

Amended

Budget

Interest

Earned

Actual

Interest

Earned

Amended

Budget

Transfers In

(+)

Actual

Transfers In

(+)

Amended

Budget

Transfers Out

(-)

Actual

Transfers Out

(-)

Transfer out

Reference

Amended

Budget

Closing

Balance

Actual YTD Closing

Balance

$ $ $ $ $ $ $ $ $

Leave Reserve 150,434 0 948 0 0 150,434 151,382

Plant Replacement Reserve 232,117 0 1,462 46,216 0 0 278,333 233,579

Infrastructure Reserve 1,153,436 0 7,265 70,044 (185,000) 0 1,038,480 1,160,702

Avoca Reserve 43,103 0 272 0 0 43,103 43,375

Recreation Reserve 52,499 0 331 0 0 52,499 52,830

Housing Reserve 38,777 0 723 75,000 124,308 0 113,777 163,808

Land Development Reserve 20,000 0 309 0 0 20,000 20,309

1,690,368 0 11,309 191,260 124,308 (185,000) 0 1,696,628 1,825,985

SHIRE OF NAREMBEEN



0

200,000

400,000

600,000

800,000

1,000,000

1,200,000

1,400,000

Leave Reserve Plant Replacement

Reserve

Infrastructure Reserve Avoca Reserve Recreation Reserve Housing Reserve Land Development

Reserve

Note 7 - Year To Date Reserve Balance to End of Year Estimate

Amended Budget Closing Balance

Actual YTD Closing Balance

292

Note 8 CAPITAL DISPOSALS

Cost Accum Depr Proceeds

Profit

(Loss)

Amended Annual

Budget

Profit/(Loss) Actual Profit/(Loss) Variance Comments

$ $ $ $ $ $ $

0 Land & Buildings

175,000 (6,472) 125,000 (43,528) Lot 12 Dale Crescent (45,581) -43,528 2,053

0

Furniture & Equipment

Dual Processor Computer (10,000) 10,000

0 Plant and Equipment 0

0 1NB CEO Vehicle 0 029,905 (3,841) 15,000 (11,064) NB01 EMCS Vehicle (8,977) -11,064 (2,087)

20,000 (5,178) 17,500 2,678 111NB Doctor's Vehicle (3,995) 2,678 6,673

48,514 (5,592) 31,100 (11,822) NB1 WM Vehicle (4,318) -11,822 (7,504)

3,000 0 3,500 500 Ford Courier NB7298 (2,100) 500 2,600

8,000 (1,243) 3,500 (3,257) Ford Courier NB6761 1,880 -3,257 (5,137)

22,500 (6,531) 7,500 (8,469) NB613 2008 Ford Ranger (1,600) -8,469 (6,869)

45,000 (3,332) 17,600 (24,068) Roller (17,500) -24,068 (6,568)

56,824 (10,485) 41,818 (4,521) Skeleton Weed Ute 0 -4,521 (4,521)

110,000 (6,473) 56,364 (47,164) Grader (64,321) -47,164 17,157343,743 (42,674) 318,882 (150,716) (156,512) (150,715) 5,797

Comments - Capital Disposal/Replacements

SHIRE OF NAREMBEEN



Actual YTD Profit/(Loss) of Asset Disposal

Disposals

Amended Current Budget

YTD 30 06 2016

293

Note 9: RATING INFORMATION Rate in Number Rateable Rate Interim Back Total Amended Budget Amended Budget Amended Budget Amended Budget

$ of Value Revenue Rates Rates Revenue Rate Interim Back Total

Properties $ $ $ $ $ Revenue Rate Rate Revenue

RATE TYPE $ $ $ $

General Rate

GRV 0.1105 220 1,768,828 188,607 0 0 188,607 195,217 0 0 195,217

UV 0.0138 356 93,456,000 1,287,824 0 0 1,287,824 1,281,188 0 0 1,281,188

UV Mining 0.0138 2 99,151 1,366 0 0 1,366 1,366 0 0 1,366

Sub-Totals 578 95,323,979 1,477,797 0 0 1,477,797 1,477,771 0 0 1,477,771

Minimum

Minimum Payment $

GRV 425.00 37 9,905 8,075 (924) 0 7,151 8,075 0 0 8,075

UV 425.00 19 498,100 14,875 (7,414) 0 7,461 15,725 0 0 15,725

UV Mining 425.00 17 45,284 6,375 0 6,375 7,225 0 0 7,225

Sub-Totals 73 553,289 29,325 (8,338) 0 20,987 31,025 0 0 31,025

1,498,784 1,508,796

Discount (47,416) (42,246)

Amount from General Rates 1,451,368 1,466,550

Ex-Gratia Rates 12,595 12,830

Specified Area Rates

Totals 1,463,963 1,479,380

Comments - Rating Information

SHIRE OF NAREMBEEN



294

10. INFORMATION ON BORROWINGS

(a) Debenture Repayments

Principal New Principal Principal Interest

1-Jul-15 Loans Repayments Outstanding Repayments

Particulars Actual

Amended

Budget Actual

Amended

Budget Actual

Amended

Budget

$ $ $ $ $ $

Loan 119 - CEO House & Subdivision 21,759 14,289 14,286 7,470 7,473 900 1,191

Loan 127 Homes for the Aged (SSL) 137,957 37,346 9,065 100,611 128,892 7,707 5,842

Loan 118 Community Centre 46,808 30,457 30,450 16,351 16,358 1,586 2,543

Loan 123 Tennis Club (SSL) 4,672 3,063 3,063 1,609 1,609 1,245 277

Loan 125 Swimming Pool 267,000 15,110 15,110 251,890 251,890 14,583 17,808

Loan 128 Recreation Centre 776,635 24,610 24,610 752,025 752,025 30,375 41,010

Community Centre 677,0001,254,831 677,000 124,875 96,584 1,129,956 1,158,247 56,396 68,671

All debenture repayments were financed by general purpose revenue.

(b) New Debentures

The proposed new loan will assist in the extension of the Community Centre. This loan will only be drawn upon if other grant funsing is received for the project.

SHIRE OF NAREMBEEN



295

Program/Details Grant Provider Approval 2015-16 Variations Operating Capital Recoup Status

GL Amended Additions Received Not Received

Budget (Deletions)

(Y/N) $ $ $ $ $ $

GENERAL PURPOSE FUNDING

Grants Commission - General WALGGC Y 1,167,247 0 583,624 0 583,624 1

Grants Commission - Roads WALGGC Y 775,542 0 387,771 0 387,771 0

Ex Gratia Rates CBH 12,595 12,595 12,595 0

Instalment Fees 2,000 2,000 2,000 0

LAW, ORDER, PUBLIC SAFETY 0FESA Grant - Operating Bush Fire Brigade Dept. of Fire & Emergency Serv. Y 26,000 0 22,000 0 22,000 0

ESL Contribution DFES Y 4,000 4,000 4,000 0

COMMUNITY AMENITIES

Community Service Centre DRD 243,100

Fencepost 30,000

CRC 65,000

NSRF 710,000

CRC Service Contract Funding DRD 82,044

CRC Operational Funding 15,000

RECREATION AND CULTURE

Bowling Green Development Dept. Sport & Recreation Y 100,000 100,000 100,000 0

Swimming Pool Dept. Sport & Recreation CPRP Y 30,000 32,000 32,000 0

TRANSPORT

Direct Grant Main Roads Y 168,400 0 168,400 0 168,400 0

Regional Road Group Main Roads Y 397,000 0 0 397,000 331,000 66,000

R2R Dept. Infrastructure Y 1,048,615 1,048,615 1,048,615 0

Grain Freight Network Main Roads 1,800,000 0 0 1,800,000 720,000 1,080,000

ECONOMIC SERVICES

Skeleton Weed Funding DAFFWA Y 154,000 0 140,000 0 140,000 0

TOTALS 6,830,543 0 1,320,390 3,377,615 3,552,005 1,146,001

Operating Operating 2,406,828 1,320,390

Non-Operating Non-operating 4,423,715 2,231,615

6,830,543 3,552,005

SHIRE OF NAREMBEENNOTES TO THE STATEMENT OF FINANCIAL ACTIVITY


Note 11: GRANTS AND CONTRIBUTIONS

296

Note 12: TRUST FUND

Funds held at balance date over which the Shire has no control and which are

not included in this statement are as follows:

Opening

Balance Amount AmountClosing

BalanceDescription 1 Jul 15 Received Paid 30/06/2016

$ $ $ $

Wadderin Reserve 2,446 -2,446 0

Sundry Deposits 600 2,110 (1,310) 1,400

Gym Card Bonds 4,700 50 (1,200) 3,550

Nominations 400 720 (1,120) 0

BCITF Levy 12,130 502 (12,130) 502

Building Services Levy 5,132 458 (5,132) 457

Joint Venture Bonds 8,297 1,140 (7,365) 2,072

Wheatbelt Railway Retention Alliance 8,981 8,981

42,685 4,979 (30,703) 16,962

SHIRE OF NAREMBEEN



297

Level of Completion Indicators

0%

20% �

40% �

60% �

80% �

100% �

Note 13: CAPITAL ACQUISITIONS

Level of

Completion

Indicator Infrastructure Assets

Amended Annual

Budget Amended YTD Budget YTD Actual

Variance

(Under)/Over

YTD Actual

(Renewal Exp)

Buildings

Community Amenities

Community Bus Shed Upgrade 1601 0 $0 0 0

Community Service Centre Extension 1610 (2,000,000) $900 1,999,100

Arcadian Concepts - Erect Fence 1609 (6,000) $5,329 671

Community Amenities Total (2,006,000) 0 6,229 1,999,771 0

Governance

� Council Kitchen Upgrade 1602 (25,000) $41,369 (16,369) 0

� Council Front Wall 1627 (8,000) 8,000 $10,310 (2,310)

Chambers Carpet Replacement 1603 (10,000) 0 $0 10,000

Governance Total (43,000) 8,000 51,679 (8,679) 0

Housing

� 26 Thomas Street - Replace Asbestos Fence 1604 (10,000) $12,494 (2,494) 0

� 15 Northomre Street - Replace Asbestos Fence 1605 (11,000) $13,308 (2,308) 0

� 3/33 Currall street - Retaining Wall 1606 (7,000) $8,518 (1,518)

2/24 Doreen Street - Construct Patio 1607 (13,000) $5,460 7,540

� 26 Hilton Way - Enclose Patio Area 1608 (9,000) $8,815 185 0

Housing Total (50,000) 0 48,594 1,406 0

Recreation And Culture

Recreation Centre Completion 1309 $0 Recreation And Culture Total 0

Transport

Transport Total

Buildings Total (2,099,000) 8,000 106,502 1,992,498 0

Drainage/Culverts

Drainage/Culverts Total 0 0 0 0 0

Footpaths

Transport

Thomas Street Footpath 1430 (10,000) $0 10,000

Transport Total (10,000) 0 0 10,000 0

Footpaths Total (10,000) 0 0 10,000 0

Furniture & Office Equip.

Governance

Council Storage Area C/F 1502 (10,000) $0 10,000 0

� Upgrade Servers 1611 (30,000) $27,237 2,763

Governance Total (40,000) 0 27,237 12,763 0


Recreation Centre Fitout 1518 (50,000) $45,875 4,125

Pool Furniture & Gas Regulator 1612 (30,000) $33,471 (3,471)

SHIRE OF NAREMBEEN



YTD 31/05/2016

298

Note 13: CAPITAL ACQUISITIONS

Level of

Completion

Indicator Infrastructure Assets

Amended Annual

Budget Amended YTD Budget YTD Actual

Variance

(Under)/Over

YTD Actual

(Renewal Exp)

SHIRE OF NAREMBEEN



YTD 31/05/2016

Recreation And Culture Total (80,000) 0 79,346 654 0

Furniture & Office Equip. Total (120,000) 0 106,583 13,417 0

Plant , Equip. & Vehicles

Governance

1NB CEO Vehicle 1613 0 0 $0 0 0

� NB01 EMCS Vehicle 1614 (35,000) 35,000 $32,727 2,273 0

Governance Total (35,000) 35,000 32,727 2,273 0

Health

� Doctor's Vehicle 1616 (35,000) 0 $41,738 41,738 0

Health Total (35,000) 0 41,738 41,738 0

Transport

� NB1 WM Vehicle 1615 (51,000) 0 $50,898 102 0

Building Manager Vehicle (35,000) $0 35,000

� Forklift/Telehandler (Also includeds Hoist for OSH) 1617 (80,000) 0 $36,110 43,890

� Grader NB195 1618 (360,000) 0 $360,000 0 0

� Multi-tyred Roller 1619 (160,000) 0 $164,000 (4,000) 0

Sign Trailer 1530 0 0 $0 0 0

� Skeleton Week Vehicle 1415 $56,114 (56,114)

� Trade in 3 Utes 1620 (95,000) $89,072 5,928 0

Transport Total (781,000) 0 756,194 24,806 0

Plant , Equip. & Vehicles Total (851,000) 35,000 830,659 68,816 0

Other Infrastructure


� Bowling Green Development 1532 (750,000) $730,425 19,575

� Hawk Sculpture 1628 (20,000) $20,000 0

ANZAC Memorial 1521 (19,999) $2,270 17,729

� Completion of Netball Courts 1519 (67,600) $71,257 (3,657)

Recreation And Culture Total (857,599) 0 823,951 33,648 0

Other Infrastructure Total (857,599) 0 823,951 33,648 0

Roads

Transport

Townsite Grain Freight Network 1523 (1,800,000) $167,488 1,632,512

Cramphorne Road - Land 1421 (50,000) $503 49,497

Kondinin Road - Land 1524 (25,000) $605 24,396

� Corrigin Road (2nd Seal) 1533 (71,401) $67,738 3,663

Corrigin Road R2R 1621 (1,048,615) $640,660 407,955

Bruce Rock Road - RRG 1622 (497,577) $435,499 62,078

� Bruce Rock Road - (2nd Seal) 1522 (108,674) $54,774 53,900

� Narembeen South Road (2nd Seal) 1623 (76,541) $46,398 30,143

Soldiers Road Reseal 1624 (19,284) $10,676 8,608

Wogarl/ Muntadgin Road Resheeting 1625 0 $0 0

� Cramphorne Merredin Road Intersection 2nd Seal 1427 (33,578) $14,015 19,564

Mt Walker Road 2nd Seal 134S (144,087) $136,395 7,692

Ada/Churchill Street Intersection 1422 (12,900) $0 12,900

Wilson Road Resheet C/F 1426 0 $24,056 (24,056)

Smith Road 1626 (14,850) $0 14,850

Transport Total (3,902,507) 0 1,598,806 2,303,701 0

Roads (Non Town) Total (3,902,507) 0 1,598,806 2,303,701 0

Capital Expenditure Total (7,840,106) 43,000 3,466,501 4,422,080 0

299

Property Ass Address

Outstanding

Amount Notes

A1008 46 Ada Street 2,828.67$

Paying $50 per fortnight. Contacted Staff April to advise

she is trying to consolidate her debts to get all paid in full.

A1044 17 Thomas Street 521.94$ Deferred Rates.

A1052 33 Thomas Street 12,307.63$ 3 years unpaid. No sale at Auction. No further action

A1058 17 Doreen Street 3,718.53$

Sent to AMPAC. Paid $1000 in Feb 16. SFO rang ratepayer.

Will pay $500 next week, and endevour to keep making

regular payments

A1063 19 Thomas Street 468.42$

Sent to AMPAC. Paid $100 in Feb 16. SFO to send follow

up letter. Final Letter sent. Has advised they will

commenced $50 per week payments

A1066 29 Churchill Street 23.42$

Balance interest accrued before settlement. Carry to

16/17 rates.


Letter sent payment before 10/06/16. Rang on 8/06/16

advised to Pay $50 per fortnight and more when possible.

A1075 5 Doreen Street 2,203.01$ In Estate

A1076 Lot 2 Latham Road 2,073.04$ In Estate

A1088 39 Curral Street 35.63$

Balance interest accrued before settlement. Carry to

16/17 rates.

A1094 Lot 200 Currall Street 10.99$ Interest Only carry to 16/17 rates


Balance owing is Legal fees. Letter sent 14 April 2016 SFO

has spoken with the owner to get this paid in full

A1111 2 Churchill Street 1,009.82$ Legal fees only ourtstanding

A1151 4 Northmore Street 290.74$ Paying $100 per fortnight.

A1172 19 Currall Street 15.88$ Interest Only carry to 16/17 rates

A1178 3 Thomas Street 21.30$ Interest Only carry to 16/17 rates

A1217 33 Doreen Street 285.87$ Deferred Rates.

A1249 11 Wakeman Street 592.40$

Last two instalments not paid. Letter sent 30 March SFO

to chase up with owners.

A1256 17 Northmore Street 895.47$

paid 14/16 in August. Letter sent in march Final Letter

sent May payment before 10 June 2016

A1257 21 Currall Street 14.59$ Interest Only carry to 16/17 rates

A1261 11 Northmore Street 680.27$

Letter sent 30 March. $200 paid 5 April Final Letter Sent

Payment before 10/06/16

A2825 11 Doreen Street 14.28$ Interest Only carry to 16/17 rates

A2015 Coverley Road 7,252.97$

sent to AMPAC. Agreement entered into, commenced

repayments

A2036 4199 Cramphorn Road 33.14$ Interest Only carry to 16/17 rates

A2048 Dixon Road 8,200.61$

sent to AMPAC. Agreement entered into, yet to

commence repayments

A2092 1287 Wadderin-Graball Road 9,136.47$ Sent to AMPAC

A2186 Cullen Road 56.09$ Interest Only carry to 16/17 rates

A2834 Wogarl East Road 45.52$ Interest Only carry to 16/17 rates

A3051 Merredin - Narembeen Road 58.47$ Interest Only carry to 16/17 rates

A3056 Soldiers Road 272.01$ Sent to AMPAC

A3083 Soldiers Road 10,424.31$ Sent to AMPAC

A3098 Soldiers Road 9,690.62$ Sent to AMPAC

A4007 3712 Emu Hill East Road 12.80$ Interest Only carry to 16/17 rates

A4047 Narembeen Boundary Road 621.14$ Sent to AMPAC, paid charges, legal fees outstandings

A4057 Kondinnin Narembeen Road 12.77$ Interest Only carry to 16/17 rates

A4068 Billericay East Road 16.47$ Interest Only carry to 16/17 rates

A4072 Billericay East Road 62.57$ Interest Only carry to 16/17 rates

A4082 Humps Road 24.85$ Interest Only carry to 16/17 rates

A4130 Narembeen South Road 2,091.63$ Sent to AMPAC

A4132 Cheethams Road 663.53$ Sent to AMPAC, paid charges, legal fees outstandings

A4152 94 Cavanagh Road 25.88$ Interest Only carry to 16/17 rates

A5018 Yeomans Road 17.89$ Discount not allowed. Carry to 16/17

A5031 Lot 25118 Soldiers Road 287.50$ Deferred Rates.

A5114 Narembeen 8,905.38$ Sent to AMPAC

A5122 Narembeen 260.77$ Sent to AMPAC

A5124 Narembeen 1,852.65$ Sent to AMPAC

Shire of Narembeen

Outstanding Rates as at 4 July 2016

300

A5126 Yeomans Road 133.92$ Sent to AMPAC

A5128 Soldiers Road 157.41$ Sent to AMPAC

A5186 Lot 28381 Narembeen 17.71$ Discount not allowed. Carry to 16/17

A5187 2656 Calzoni Road 23.26$ Interest Only carry to 16/17 rates

A5195 Narembeen South Road 1,714.84$ Sent to AMPAC

A5197 Lot 18341 Narembeen 12,085.68$ Sent to AMPAC

103,267.07$

With AMPAC 78,660.71$

Repayment Plan 3,119.41$

Other 20,391.64$

Deferred Rates 1,095.31$

Instalments -$

103,267.07$

301

AGENDA ITEM: 8.5.7- 2016/2017 Budget Adoption

Subject: Shire of Narembeen 2016/2017 Annual Budget Applicant: Nil File Ref: ADM465 Disclosure of Interest (Staff): Nil Disclosure of Interest (Member): Nil Author: Miss Bonnie Cole, Senior Finance Officer Date: 12 July 2016 Attachments: Shire of Narembeen 2016/2017 Annual Budget,

2016/2017 Fees and Charges (Including CRC)

SUMMARY

Council to adopt the Annual Budget for the Shire of Narembeen for the period ending 30 June 2017.

BACKGROUND

Over the last two months, staff have worked tirelessly on putting together the annual budget. This included two workshops held with Councillors to ensure their input in the document.

Following the second workshop it was agreed that the rate increase could be set at 5.66% and still cover all necessary expenses for the 2016/2017 financial year.

COMMENT

Budget Information Comparison from 2015/16 to 2016/17

The following table compares major budget areas of income and expenditure between 2015/2016 and 2016/2017 budgets.

Section 2015/16 Budget 2016/17 Budget Difference

EXPENDITURE

Capital Inc Roads $ 7,840,106.00 $ 7,757,417.00 -$ 82,689.00

Road Maintenance $ 631,721.00 $ 712,120.00 $ 80,399.00

Plant Budget $ 795,633.00 $ 768,965.00 -$ 26,668.00

Salaries and wages $ 1,925,200.00 $ 1,923,364.00 -$ 1,836.00

Utilities $ 200,750.00 $ 277,850.00 $ 77,100.00

Insurance $ 210,758.00 $ 189,953.00 -$ 20,805.00

$ 11,604,168.00 $ 11,629,669.00 $ 25,501.00

INCOME

Operating Grants $ 1,511,155.00 $ 3,441,279.00 $ 1,930,124.00

Rates (Proposed) net of Discount $ 1,466,550.00 $ 1,555,560.00 $ 89,010.00 Non-Operating Grants $ 4,480,615.00 $ 5,652,723.00 $ 1,172,108.00

$ 7,458,320.00 $ 10,649,562.00 $ 3,191,242.00

Notes to the above table: - Within the road capital, road maintenance and plant budget all items of expenditure listed

have salaries and wages component included.- The Salary and Wages is listed with the total amount of Salaries and Wages for the entire

workforce therefore includes the above.

302

- Storm Damage (WANNDRA) expenses have been budgeted for in addition to the roadmaintenance budget listed above with an offset of operating grants income.

- The 2015/2016 operating grants budget included only 50% of the total amount as thebalance of the funds were received as a prepayment in the previous financial year.

Notes to the Draft Budget Document

- Income Statement by Program and Nature and Type- Rate Increase – It is proposed for Council to adopt a 5.66% increase of the rates and

raise the minimum rate to $445.00- Following adoption of the budget a formal copy will be printed for staff and Councillors.- The opening balance for the 2016/2017 financial year is estimated on assumptions and is

likely to change with the adoption of the Annual report for the 2015/2016 financial year.- The budget will then be adjusted during the budget review in February 2017.- Pages 1 to 35 make up the formal budget documentation. Pages 36 onwards to assist

staff with allocation of income and expenditure throughout the financial year.

CONSULTATION

Chief Executive Officer Executive Manager Corporate Services Works Manager Relief Work Manager


Local Government Act 1995

6.2. Local government to prepare annual budget

(1) During the period from 1 June in a financial year to 31 August in the next financialyear, or such extended time as the Minister allows, each local government is toprepare and adopt*, in the form and manner prescribed, a budget for its municipalfund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required.

(2) In the preparation of the annual budget the local government is to have regard tothe contents of the plan for the future of the district made in accordance withsection 5.56 and to prepare a detailed estimate for the current year of —

(a) the expenditure by the local government; and

(b) the revenue and income, independent of general rates, of the localgovernment; and

(c) the amount required to make up the deficiency, if any, shown by comparingthe estimated expenditure with the estimated revenue and income.

(3) For the purposes of subsections (2)(a) and (b) all expenditure, revenue and incomeof the local government is to be taken into account unless otherwise prescribed.

(4) The annual budget is to incorporate —

(a) particulars of the estimated expenditure proposed to be incurred by thelocal government; and

303

(b) detailed information relating to the rates and service charges which willapply to land within the district including —

(i) the amount it is estimated will be yielded by the general rate; and

(ii) the rate of interest (if any) to be charged by the local government onunpaid rates and service charges;

and

(c) the fees and charges proposed to be imposed by the local government; and

(d) the particulars of borrowings and other financial accommodation proposedto be entered into by the local government; and

(e) details of the amounts to be set aside in, or used from, reserve accountsand of the purpose for which they are to be set aside or used; and

(f) particulars of proposed land transactions and trading undertakings (asthose terms are defined in and for the purpose of section 3.59) of the localgovernment; and

(g) such other matters as are prescribed.

(5) Regulations may provide for —

(a) the form of the annual budget; and

(b) the contents of the annual budget; and

(c) the information to be contained in or to accompany the annual budget.

[Section 6.2 amended by No. 49 of 2004 s. 42(8) and 56.]

6.45. Options for payment of rates or service charges

(1) A rate or service charge is ordinarily payable to a local government by a singlepayment but the person liable for the payment of a rate or service charge may electto make that payment to a local government, subject to subsection (3), by —

(a) 4 equal or nearly equal instalments; or

(b) such other method of payment by instalments as is set forth in the localgovernment’s annual budget.

(2) Where, during a financial year, a rate notice is given after a reassessment of ratesunder section 6.40 the person to whom the notice is given may pay the rate orservice charge —

(a) by a single payment; or

(b) by such instalments as are remaining under subsection (1)(a) or (b) for theremainder of that financial year.

(3) A local government may impose an additional charge (including an amount by wayof interest) where payment of a rate or service charge is made by instalments andthat additional charge is, for the purpose of its recovery, taken to be a rate orservice charge, as the case requires, that is due and payable.

(4) Regulations may —

(a) provide for the manner of making an election to pay by instalments undersubsection (1) or (2); and

(b) prescribe circumstances in which payments may or may not be made byinstalments; and

(c) prohibit or regulate any matters relating to payments by instalments; and

304

(d) provide for the time when, and manner in which, instalments are to be paid;and

(e) prescribe the maximum amount (including the maximum interestcomponent) which may be imposed under subsection (3) by way of anadditional charge; and

(f) provide for any other matter relating to the payment of rates or servicecharges.

6.46. Discounts

Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may, when imposing a rate or service charge, resolve* to grant a discount or other incentive for the early payment of any rate or service charge.

* Absolute majority required.


Shire of Narembeen 2016/2017 Annual Budget

POLICY IMPLICATIONS

Shire of Narembeen – Policy 3.1.1 Budget Adoption

Council is to receive a draft budget for consideration at the July meeting of each year with a view to adoption by 31 July in that year.


Shire of Narembeen – Strategic Community Plan

9 Provide good strategic decision making, governance, leadership and professional management

9.1 Develop leadership skills and behaviours that enhance the knowledge, skills and experience of the Shire staff and Council

9.2 Manage the organisation in a responsible, accountable and consultative manner 9.3 Deliver services that meet the current and future needs and expectations of the

community, whilst maintaining statutory compliance


There are no related party transactions that relate specifically to the adoption of the budget. However, throughout the course of the financial year budgeted funds may be expensed to a number of parties that could be considered related parties. As this arises the transactions will be recorded.


Council adopts the following for the 2016/2017 Financial Year;

1. That the GRV Rate in the Dollar of $0.116036 be adopted;2. That the UV Rate of $0.014469 be adopted;3. That a minimum rates of $445.00 per property for all Gross Rental Value Residential

and Unimproved Value for rateable property within the district be adopted;4. Council offers to ratepayers the following payment options for 2016/2017;

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Option Due By

Option A – One Payment 2nd September 2016

(Includes 4% discount)

Option B – 4 Instalment Option 2nd September 2016

11th November 2016

13th January 2017

17th March 2017

5. No instalment option is offered for rubbish charges – no instalment interest or penaltyinterest to apply.

6. Administration fee of $10.00 per reminder rate notice (Option B)7. Instalment interest to be levied at 5.5%8. Late payment penalty interest to be levied at 11% for Rates and Emergency Services

Levy for all outstanding rates from the applicable due date.9. Discount – 4% for early payment of rates within 35 days of issue (ie: by 2nd

September 2016)10. The rating Valuations for Gross Rental Value of $1,716,065 be adopted;11. The rating Valuations for Unimproved Value of $95,516,436 be adopted;12. That the Rubbish Removal Service Charge of $330.00 per service, per annum be

adopted with all additional services at a cost of $363.00 including GST;13. That the fees and Charges as presented for 2016/2017 be adopted;14. That Council elects a Material Variance of 10% of Budget or $25,000, whichever is

greater, by reporting program as the Material Variance under FM Reg 4.15. The Accounting Policies contained within the 2016/2017 Budget Document be

adopted as Council’s Accounting Policies and the Policy Manual be updatedaccordingly;

16. That the 2016/2017 Budget including the above items be adopted.

COUNCIL RESOLUTION


CARRIED /

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9.0 Councillor’s Reports – including other Councillor business

Cr R Cole

Cr R DeLuis

Cr W Cowan

Cr S Padfield

Cr B Thomas

Cr A Hardham

Cr Parsons

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10.0 Urgent business as permitted by Council

11.0 Date, time & place of next meeting

Wednesday 17th August 2016 at 2.30pm at Narembeen Shire Council Chambers

12.0 Closure

There being no further business the Chair declared the meeting closed at ______.

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