Minutes of Ordinary Meeting

Minutes

BULOKE

SHIRE COUNCIL

RECORD OF ASSEMBLY OF COUNCIL MEETING

Meeting held at 5.15pm Monday 8 April 2013 at the Charlton District Office

Present:

Councillors:

Cr Tellefson, Cr Sharp, Cr Pollard, Cr McLean, Cr Milne and Cr White.

Staff:

Warwick Heine (Chief Executive Officer), , Anthony Judd (Manager Assets and Infrastructure), Judi Bird (Senior Procurement Officer), Bill Keane (Manager Community Services), Ann Livingston (Assessment Officer) (to 6.46pm),and Paula Yorston (Home Care Coordinator) (to 6.46pm)

Members of the Community:

Anthony Hogan (Johnson Goodwin Homes) (from 6.09pm to 6.26pm), Jenny Dawson (Chair Loddon Mallee RDA) (to 5.41pm) and Jan Boynton (Executive Officer Loddon Mallee RDA) (to 5.41pm)

Apologies:

Cr Mather, Warren Hemopo (Manager Reconstruction), Bill Ryan (Manager Finance) and Gaynor Doreian (Acting Manager Works and Construction).

Disclosure of Interests:

Cr Tellefson declared a direct interest in Item 1.2 on the basis that he is a member of the Board of Johnson Goodwin Homes and his partner is employed by Council as a Home Care Provider.

Cr McLean declared an indirect interest in Item 1.1 on the basis that he is a member of the Board of Loddon Mallee RDA.

Cr Tellefson took the Chair

MATTERS DISCUSSED

1. Presentations

1.1 Regional Development Australia – Loddon Mallee

Ms Jenny Dawson (Chair RDA Loddon Mallee) and Jan Boynton (Executive Officer RDA Loddon Mallee) made a presentation to the meeting outlining the current work of RDA Loddon Mallee.

Cr Tellefson left the Chair at 6.09pm prior to discussion of Item 1.2.

Cr Pollard took the Chair at 6.09pm.

Cr McLean left the meeting at 6.09pm

Cr McLean returned to the meeting at 6.17pm.

Cr Tellefson left the meeting at 6.09 prior to discussion of Item 1.2

1.3 Anthony Hogan (Manager Johnson Goodwin Homes) addressed the meeting concerning a proposal for Council to contract HACC Services provided to residents of Johnson Goodwin Homes to the Homes.

Cr Tellefson returned to the meeting at 6.46pm prior to discussion of Item 2.

Cr Pollard left the Chair at 6.46pm.

Cr Tellefson took the Chair at 6.46pm.

2. Councillor Reports

Cr Pollard reported on the success of the Charlton 150 Anniversary Celebrations

Cr Tellefson reported on the success of the Buloke/Hobson’s Bay Bowls Day event.

Cr Tellefson reported on a briefing he had received on the management arrangement at the Newport Gardens Childcare and Family Services Centre.

3. CEO and Senior Management Team Reports

a. Legal

The Chief Executive Officer reported on the following legal matters:

- Community housing

- Local Laws/Planning enforcement

- Building control enforcement

- FoI requests.

b. Risk

The Chief Executive Officer reported on the following g risk related matters:

i) Public Risk Incidents

- Sea Lake (2012) – Trip

- Sea Lake (2012) – Fall

- Donald (2012) – Fallen branch

- Buckrabanyule (2012) – Cattle on road

- Wycheproof (2012) – Unsightly property (Broadway)

- Wycheproof (2012) – Unsightly property (Mount Street)

- Birchip (2012) – Trip

- Culgoa (2012) – Fallen branch

- Donald (2012) – Fall

- Donald (February) – Trip

- Charlton (March) – Dog attack

- Sea Lake (March) – Trip

- Sea Lake (March) – Dog attack

ii) Risk Register – A review of risk likelihood, consequence and residual risk following mitigation is being undertaken following the Audit Advisory Committee meeting held on 22 February 2013. Updated register and quarterly incident report to be tabled as soon as it is available..

iii) Staff Incident Reports

- Donald (March) – Damage to Council vehicle.

iv) WorkSafe

- No matters.

v) Risk Management – Council Responsibilities when Appointed by DSE as a Committee of Management (CoM) for a Crown Reserve – No change. Discussion continuing with DSE, VMIA and MAV.

vii) Insurance

Review of coverage, including loss ratio, has commenced

4. Governance

a) Council Plan 2013-2017 – Review of Council Plan 2009-2013 commenced and draft Plan 2013-2017 materials prepared and distributed to Councillors.

b) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.

c) Ordinary Meetings of Council – Progress of Actions from Minutes

Meeting Reference	Item	Action	Progress
Ordinary Meeting 13 March 2013	Central Murray Regional transport Forum	Write to the Central Murray Regional Transport Forum confirming its ongoing commitment and involvement and agreement to the $3,000 annual contribution.	Correspondence to be prepared
	Review of s86 Committees	Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989; 2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months; 3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important; 4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and 5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.	1. Correspondence prepared 2. Correspondence sent out 3. Article for Community Matters prepared 4. Meetings scheduled
	Roadside Weed and Rabbit Control Plan 2013/2015	Council adopt the Roadside Weed and Rabbit Plan as tabled in principle 2. The Roadside Weed and Rabbit Plan be forwarded to local Landcare Networks and Groups for comment prior to being formally adopted 3. The draft Plan be advertised in local newspapers and on Council’s website and submissions invited from interested parties 4. The closing date for submissions be set as Friday 19 April 2013 5. Council further considers the draft Plan and any submissions received at the May Ordinary Meeting.	1. Plan advertised and submissions sought 2. Plan forwarded to Landcare Groups
	Impact of Flood Mitigation on Insurance	Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks.	Correspondence prepared and sent
Ordinary Meeting 13 February 2013	Donald Recreation Reserve (Lake Folletti) Committee Of Management – Donald Scout Club Facility	That the Council: 1. Note the report 2. Write to the Donald Scouts Club indicating that Council: (a) Will continue to provide liaison and project management support to the Donald Scout Club for the project, (b) Aside from staff support, not provide any further funding toward the project, (c) Request that the Angling Club building be demolished as part of the Scout Club construction, with the required statutory approvals to be met and (d) Offer further assistance in sourcing additional external funding for the project.	Correspondence sent to Donald Scouts
	Audit Advisory Committee – Chair’s Report 2011/12	That the Council: 1. Receive the report 2. Write to the external members of the Audit Advisory Committee thanking them for their contribution over the last twelve months. 3. Invite the Chair of the Audit Committee to meet with Council to discuss the work of the Committee for the forthcoming financial year.	Correspondence sent
	Permission To Seek Authorisation From The Minister To Prepare Buloke Planning Scheme Amendment C23 – Anomalies	That the Council: 1. Note the information provided as part of seeking authorisation to prepare an Amendment of the planning scheme which will proposes to do the following; - Correct the mapping zone of thirty eight land title parcels. 2. Approve the request to seek authorisation from the Minister for Planning to prepare Amendment C23 to the Buloke Planning Scheme to correct a number of planning scheme zone mapping anomalies.	Correspondence sent
	Notice of Motion No 28 – Water for Fire Fighting Purposes	That Council: 1. Write to the Chief Officer of the CFA outlining the concern of the local Country Fire Authority (CFA) Brigades with the lack of access to tanks along the Wimmera Mallee Pipeline for fire fighting purposes 2. Write to the CFA Regional Office requesting advice as to priorities for the installation of tanks along the Wimmera Mallee Pipeline in Buloke to allow applications to be made to the CFA under the Fire Access Roads Scheme (FARS) 3. List this matter for discussion at the next meeting of the Municipal Fire Management Planning Committee 4. List the construction of tanks along the pipeline utilizing funds available through FARS as a matter for consideration by Council as part of 2013/14 Budget preparation.	1. Correspondence being prepared. 2. Contact made with CFA Regional Office and advice sought from Group Captains as to tank priorities. 3. Installation of tanks using FARS funding to be listed for consideration as part of 2013/14 Capital program.
Ordinary Meeting 12 December 2012	Notice of Motion: Police Presence in Buloke	1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke. 2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton. 3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA.
	Request for assistance with construction of a road around Watchem Lake	1. That the Council: 2. 1. Consider the request as part of the 2013/14 budget preparations. 3. 2. Include the project in the forward capital works plan. 4. 3. Write to the Watchem Lake and Recreation Reserve Committee of Management Incorporated congratulating them on their commitment to the project and advising that the Council will consider this project as part of the 2013/14 budget preparations. 5. 4. Council liaise with the Watchem Lake Committee of Management to assist in making an application for grant funds. 5. Council assist the Watchem Lake Committee of Management to obtain quotes from other sources to determine the action required	1. Meeting held with Lake Committee to identify possible grant funds 2. Assistance provided to gain quotes for alternative supply options
	Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens	1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider. 2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider. 3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers. 4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire.	1. Draft Facility Service Agreements with Ballarat YMCA and Mallee Track Health and Community Service to address the following matters: · Governance · Operations · Maintenance · Staff transfer arrangements · Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement. 2. Industrial relations implications considered 3. Meeting to be held with YMCA in February 2013 4. Kindergarten Committees and parents kept informed as to the actions being undertaken
	Gilmour Road Land Transfer Agreement	That the Council: · 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B. · 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour. · 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services. · 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.	1. Legal instrument to be prepared 2. Advertising in accord with Local Government Act to be undertaken 3. Purchasers to be advised of transfer program
	Provision of Mental Health Services	Cr White commented on the poor levels of access to mental health services in the Shire and asked if Council had the capacity to become more involved in advocating for service improvements. The Chief Executive Officer responded advising that he would discuss the matter with the Manager Community Services and arrange for a report to be provided to Council on mental health service provision in the Shire and actions that could be taken to improve the situation.	1. Manager Community Services to prepare a report to the March 2013 Ordinary Meeting

d) Audit Advisory Committee – Progress of Actions

Meeting Reference	Item	Action	Progress
November 2012	Audit committee Self Assessment	Item to be included as an agenda item for February 2013 meeting.	Self Assessment distributed.
	VAGO Fraud Prevention Strategies	Council’s Risk Officer to review the Fraud Risk Register.	Review proceeding
	Financial Sustainability	To be addressed in the Internal Audit Plan.	Draft Internal Audit Plan prepared by the Internal Auditor for consideration by the Committee
September 2012	VAGO report on Local Government Fraud Risk Assessment	Implementation of recommendations	Management to develop a communication strategy to staff reinforcing the importance of fraud control

5. Financial

a) Management Reporting

Further revisions to the Monthly Reporting format were introduced at the February Ordinary Meeting.

Further improvements made to report on February financials.

b) Internal Audit Program

· Draft Internal Audit plan prepared by Internal Auditor and reviewed by the Audit Advisory Committee for consideration. Draft plan tabled for review by Council.

c) NDRRA Flood Repair/Restoration

Pre-payment of $11.3M received.

Acquittal of expenditure and grant funds received is continuing.

· A claim for the period January 2011 to end January 2012 has been lodged. .

· A claim, for the period February 2012 to end May 2012 has been lodged.

· A claim for the period June 2012 to December 2012 is being prepared.

· Request for further pre-payment advance of $4.5M has been lodged with DTF.

State Government is seeking to extend the period for lodgement of claims to 30 June 2014. Letter of support sent.

6. Staff

New Appointments

Simon Williams - Tractor Driver – Road Services – Works and Construction

Patrick Kempton - Chief Financial Officer – Finance (Temporary)

Resignations/Departures

Nil

7. Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)

i) Donald Storm Water Re-use System – Negotiation of end-user agreement is still proceeding. Operational manual is still being drafted.

ii) Charlton Recreation Reserve – Connection to AWB Dam – Meeting with AWB held 27^th March to progress MoU. Review of plans commenced prior to calling tenders

iv) Traveller’s Rest, Charlton – Manager’s Residence and Information Centre – Discussion with the Traveller’s Rest Committee regarding the scope and financing of the project is continuing.

v) Donald Family Services Centre

a. Application for funding under the Regional Growth Fund submitted.

b. Availability of funding under the ‘Putting People First’ Program has been confirmed.

c. The availability of funding under the Children’s Services Facilities has been confirmed.

d. Project planning meeting held with YMCA 7 February 2013.

e. Project timetable being prepared.

f. Meeting held with project Reference Group and agreement reached on Option 2 for positioning of new building on the site.

g. Project Reference Group and Donald 2000 have offered to raise $80,000 toward the project.

h. Donald Family Services Centre Project Liaison Committee formed at meeting held 4^th April.

vi) Charlton Park Community Building – Funding for State Government assistance with preparation of construction drawings has been confirmed. The Community is to fund the matching component. Tender documents are being prepared.

vii) Berriwillock Community Centre

· CFA is projecting manage the construction

· Contractor on site.

· Construction program set back 1 month to accommodate site clean-up. Clean-up works are now completed.

· Project review meetings with the CFA are being held on a three weekly cycle.

· Staff to provide monthly updates of Project Expenditure and projected project costs.

· Meeting with Community Committee scheduled for week commencing 11 March 2013 to resolve outstanding building matters.

· Staff resolving final outstanding matters with Project Liaison Committee

· * Construction timeframe is on track. Practical completion date set for CFA fire shed – 25th June 2013 and Multi Purpose area – 22nd July

viii) Charlton Skate Park – Funding support from Bendigo Bank confirmed. Funding from the DPCD ‘Minor Facilities Program’ has been announced. No Council funding required. Staff planning meeting held 5^th April.

ix) Birchip Bowling Club – Artificial Green – Funding support from Birchip Bowls Club. Funding from the DPCD Minor Facilities Program has been announced. No Council funding required. Staff planning meeting held 5^th April.

x) Contract C6-2011/12 and Contract C12-2011/12 - Flood Damage Repair and Reconstruction

i. Principal Contract (C06)

a) Contract signed and Contractor in possession of the site.

b) Work Program submitted

c) Works proceeding

d) Project Steering Committee meeting to be held 8 April 2013

xi) Green Lake

Green Lake Committee have initiated further investigation of ground conditions. Council is liaising with DSE.

xii) Charlton Swimming Pool – Quotes for design are being obtained.

xiii) Sea Lake Pool – Pool Liner and Pipe-works tender advertised. Tenders closed 21 February 2013. Tenders currently being assessed. Tender recommendation to the April Council meeting

xiv) Charlton Angling Club – Installation of Boat Ramp – Permits have lapsed and new approvals are being sought. The Club has applied for funding for the Cultural Heritage Study (estimated cost $14,000). The Club has contacted the office of the member for Swan Hill for advice on Cultural Heritage concerns.

xv) Donald Airport – Power Upgrade – Works agreement with PowerCor signed. PowerCor are to confirm a date for works to commence. Anticipated date for completion August 2013.

xvi) Donald Scout Hall/Angling Club

a. All works on site have ceased as a result of the accident that occurred during demolition of the Angling Club.

b. DSE and WorkSafe have completed their respective investigations and no follow-up is anticipated..

c. Discussion held with Angling Club as to ownership of the building (it appears the building was relocated to the site from the Donald Pool where it had been used as a temporary building during construction of the Pool. Building may have originally been a class room.) As the building contains asbestos it is likely a specialist company will be required to complete the demolition.

xvii) Charlton Harness Racing Club – Flood Repairs – Quotes are currently being sought. Contract let, works to begin in April,

xviii) Charlton Swan Hill Road – Gravel Re-sheet – Works commenced.

Flood Update

i) General Update on Recovery Activities

· Charlton Flood Plan

o Steering Committee has met to consider community feedback.

o Council has met with NCCMA and it has been agreed that the levee proposal needs to be put in front of as further community meeting before further action is taken. The meeting also agreed that design of the proposed levees is required to more accurately assess construction and maintenance costs. The design to include any necessary upgrade of Council’s urban drainage system to accommodate the levees and costs associated with the establishment of easements and/or any necessary land purchases. NCCMC will arrange this meeting.

o NCCMA to prepare a funding submission to Government for preparation of detailed designs following receipt of feedback from the proposed community meeting.

o NCCMA to develop a communications strategy for the project going forward.

o NCCMA to meet with Council 27 April 2013.

· Donald Flood Plan

o Steering Committee has met to consider preliminary recommendations for the construction of levee banks.

o Refer to comments above (Charlton) re meeting between Council and NCCMA. Similar outcome from discussion regarding the proposed Donald levees.

o Community meeting held 20 February 2013. Community expressed support for the levee proposals.

o NCCMA to prepare a funding submission for detailed design of the proposed levees.

· Community Events

o ‘Stories from the Flood’ project proceeding.

· Rural Support

o Fire Shed schedule for 2013 has been distributed.

o ‘Farm Gate’ visits continuing.

· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.

· Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.

· Flood Preparedness Plans

o Plans to be developed for Charlton, Donald and Culgoa.

o Draft plans prepared by VicSES for discussion with Charlton CRC and Donald CRC.

ii) Flood Expenditures – Updated summary report to be tabled.

iii) Community Recovery Committee Activities

· Charlton

o Committee meeting on a monthly cycle – Next meeting 9 April 2013.

· Culgoa

o Committee to meet as part of Culgoa Development Group meeting.

o Representatives of Mallee CMA have met with the Culgoa community to commence the process.

· Donald

o Committee meeting on an as needs basis. Date of next meeting yet to be advised.

· Wycheproof

o Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.

· Rural

o Fire Shed meetings proceeding

8. Council Policy and Strategy

i) MSS Review, Residential Land study, Rural Living Review and Industrial Land Use Review – Report seeking Ministerial approval to prepare an Amendment relating to Industrial Land to April Ordinary Meeting.

ii) Domestic Waste Water Management Plan – Discussion held with consultant to complete the work required.

iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.

iv) Local Laws Review

a. Saleyards Local Law – Meeting held with Saleyards Advisory Committee. Draft Local Law being prepared for review by the Committee.

b. Community Local Law – Amendment to Local Law to control shipping containers in residential area is currently being prepared. Report to April Ordinary Meeting.

v) Early Years Plan

o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.

o Transfer of operating licence for Charlton and Wycheproof near completion. DEECD agreement to the transfer has been obtained. Staff have been transferred effective from commencement of Term 1 3013. User agreement yet to be finally agreed.

vi) Municipal Flood Plan (MFP) – Work plan to review current Plan is still being developed. Flood Safe plans for Donald, Charlton, Wycheproof and Culgoa are to be developed. VicSES have provided a template for the development of a Municipal Flood Plan.

vii) Domestic Animal Management Plan (DAMP) – Review of current plan to reflect changes to legislation has commenced.

viii) Weed and Pest Management Plan

Draft Plan on public exhibition.

ix) Management Reviews

a. Road Maintenance Standards

Meetings of relevant staff are continuing.

b. Road Construction/Rehabilitation Decision Making Processes

Review has commenced using information and designs prepared as part of C06 as the base..

c. Economic Development – Review of Policies, Strategy and Approach

Review of has commenced.

d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements

· Report tabled at March Ordinary meeting.

· Follow-up action proceeding

e. Financial Sustainability and Affordability

· Review of recommendations from the Ernst and Young report has commenced.

· Draft action plan prepared for consideration by Council on 11 February 2013.

· * VAGO audit of the financial sustainability of small rural Councils is proceeding. Exposure draft of report received and comments made.

f. Municipal Emergency Management Plan

o Work plan to review current Plan is being finalised in conjunction with VicSES.

g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)

h. HACC Program - Delivered Meals

Internal review has commenced and draft report provided to the CEO for comment.

i. Forward Capital Works Planning

Draft material prepared and currently being reviewed by Assets and Infrastructure staff.

j. Volunteer Support

· Loddon Mallee Community Leadership Program and Bendigo Volunteers have been jointly contracted to develop and deliver a volunteer support program across the Shire.

· Project program agreed.

· Advertisements placed and invitation sent inviting registration to attend workshop on volunteering.

· Initial workshops held. Feedback is currently being prepared.

k. Road Management Plan

Project team established and several meetings held. Review of the current Plan has commenced. Arrangements put in place for a risk analysis when a draft Plan is available.

l. Heavy Plant Maintenance

· Quarterly meetings of Plant Group scheduled.

m. Heavy Plant Replacement Program

· Review of the future of Long Haul Cartage Trucks is continuing.

· Quarterly meeting of Plant Group scheduled.

n. * Municipal Public Health and Wellbeing Plan

· Consultant engaged

· * Initial working party meeting held on 26^th March.

9. State Government Matters

a) VicRoads

Meeting held 20 September 2012. The following matters were discussed:

· Calder Highway, Dumosa - Truck Stop

o VicRoads is proceeding with the necessary planning and building approvals for a future toilet at the site but no timelines have been indicated.

o Signage has been erected at the site requesting truck drivers show respect to the CFA and other users of the site and to advise of toilet facilities in nearby towns.

o VicRoads contractors are completing weekly inspections of site for rubbish and health concerns

o VicRoads is continuing discussions with the Department of Health regarding funding for the development.

o Announcement of Federal funding of $80,000 (to be matched by a similar amount from the Sate) for toilets at Dumosa

· Nullawil Toilets and Wayside Stop

o Considered to be a low priority by VicRoads

o VicRoads is currently developing a Rest Area Route Plan for the Calder Highway corridor. The Plan will look at the provision of appropriate and strategically located rest areas along the Calder corridor. The plan will consider improvements to existing sites, where facilities are deficient, and also the development of new sites at strategic locations.

· Nullawil-Quambatook Road – Speed Restriction Signs

o A 50km ahead sign has been installed. Works completed

· Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems

§ Options to improve the layout of the intersection will be considered in the development of the Western Region’s 2013/14 Business Plan.

§ Full survey of site to be completed and asphalt regulation works to be completed before December 2012

· Calder Highway, Sea Lake – Installation of Pedestrian Crossing

§ Works to occur before December 2012 pending VicRoads sourcing an available contractor.

· Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection

§ VicRoads advise that the removal of ‘Grey Spot Funding’ has limited the opportunity for this to be funded.

· Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

§ VicRoads to monitor truck parking arrangements.

§ No update.

· Borung Highway, Donald – Entrance to Donald Recreation Reserve

§ Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan.

§ No update.

· Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

§ VicRoads advised that the removal of ‘Grey Spot Funding’ has limited the opportunity for this to be funded.

· Birchip/Sea Lake Road and Berriwillock/Woomelang Road – School Bus Stop

§ Further contact had with Department of Transport

· Charlton Hospital

§ VicRoads will work closely with Council and provide formal planning advice when a planning permit application is lodged.

§ VicRoads have requested right and left turning lanes be completed as part of the development. These turning lanes would impact the car parking on the north and south sides of the highway.

· Cumming Avenue, Birchip – Sand bag traffic island

§ Council has written to VicRoads requesting permanent traffic island to be installed.

10. Federal Government Matters

a) Review of Status of Aerodromes – Discussion paper distributed. No follow-up action yet taken. Advice received from CASA of a change in requirements for small airports. Information still being reviewed.

11. Community Matters

a) Recreational Lakes

Wooroonook Lake

o Emergency management plan and operational plans for caravan and camping facilities are still being prepared.

o Committee has provided specifications for the floating pontoon. No building permit is required. Council will need to formally resolve to allow the installation as part of its responsibility as the Committee of Management for the Lake.

o Staff have undertaken a further risk review in relation to signage at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.

o Foreshore Committee have approached GWM water for additional water allocation

o Blue-green algae outbreak confirmed by laboratory analysis pre-Easter. Warning signs erected prior to Easter. Further test results since Easter have indicated reduced levels and signs have now been removed. The Foreshore Committee have been advised.

o Report to be tabled at May Council Meeting on Council’s role as Committee of Management. The report will also deal with the pontoon.

* Green Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Correspondence sent to Minister for Ports advising that Council wishes to resign as waterway manager and transfer this responsibility to DSE. Response received advising that current arrangements should remain in place until DoT can determine the administrative procedures. Transport Safety Victoria have advised they are currently investigating the need for Council to continue to be the nominated waterway manager

o Correspondence sent to Parks Victoria and DSE regarding the need for hydrological investigation. Parks Victoria has advised DSE is the relevant authority. DSE still to respond to draft proposal. Advice received that the Green Lake Committee have initiated their own investigation. Site inspection reveals test pits have been dug. No record of any approvals has been found. DSE have been advised.

Tchum Lake

o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Review of Building Approvals for the ‘shelter’ has identified compliance problems. Action is being taken to address the identified problems. Inspection has identified that the Committee have made changes to the building which may require a Building permit. Discussion to be held with the Committee.

Watchem Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.

o Lake Committee seeking funding assistance to upgrade access road around the lake. Council resolved in December for staff to assist with seeking alternative quotations.

Folletti Caravan Park Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Proposal for construction of new Scout Hall/Angling Club is proceeding. Scouts/Angling Club has sought quotes for construction of the building. Council will need to meet as the Committee of Management for the reserve to consider the project.

o Draft landscape plan received.

o Angling Club have approached GWM water for additional water allocation. GWM water has responded to Council correspondence advising that the additional water is within the original allocation.

12. Vandalism

· Charlton (April) – Damage to bollards, rubbish bins, playground equipment and plumbing. Repairs affected. An incident report is being prepared. Victoria Police have been advised.

13. Other

a. Budget 2013/14

The Chief Executive Officer reported on progress with preparation of the 2013/14 Budget.

b. Council Plan 2013-2017

The Chief Executive Officer reported on progress with preparation of the Council Plan 2013-2017.

c. Culgoa-Watchupga Road Bridge

The Chief Executive Officer reported on progress with investigation of strategies for the replacement of the Bridge and on resolving alternative traffic arrangements.

d. Local Government Victoria – Practice Note – Voting at Council Meetings

The Chief Executive Officer tabled the Practice Note for the information of Councillors.

e. Donald IGA – Lease of Council Land for Fire Tank

The Chief Executive Officer briefed the meeting on possible solutions to the provision of upgraded fire services to the Donald IGA development including the installation of a tank on Council owned land.

f. Donald Archives

The Manager Assets and Infrastructure briefed the meeting on the condition of the rear section of the Donald Archives building. Access to the rear section of the building has been restricted and options for demolition are being investigated.

g. Early Years Plan

Cr White sought information on preparation of an Early Years Plan. The Manager Community Services advised resources for the preparation of a Plan would be listed for consideration as part of the 2013/14 Budget.

h. Community Safety

Cr Tellefson asked if a response had been received to an application submitted by Council for the installation of sensor lighting. The Manager Assets and Infrastructure advised that no response had yet been received.

i. Local Government Act – CEO Grievance Procedures

The Chief Executive Officer briefed Council on the procedures incorporated in the 2012 Amendments to the Local Government Act

j. 14 McCulloch Street

Cr Milne advised that he had been approached by the Donald Lions Club regarding possible use of the building. The Chief Executive Officer undertook to report on the condition of the building and time lines for seeking community/commercial interest in the building at the next meeting.

Meeting closed 7.57pm.

Minutes

BULOKE

SHIRE COUNCIL

RECORD OF ASSEMBLY OF COUNCIL MEETING

Meeting held at 5.00pm Tuesday 23 April 2013 at the Nullawil Recreation Reserve

Present:

Councillors:

Cr Tellefson, Cr Sharp, Cr Pollard (to 7.05pm), Cr Mather, Cr McLean, Cr Milne and Cr White.

Staff:

Warwick Heine (Chief Executive Officer), Gaynor Doreian (Acting Manager Works and Construction), Warren Hemopo (Manager Reconstruction) and Anthony Judd (Manager Assets and Infrastructure) and Lachlan Smith (Trainee Procurement Officer) (to 7.05pm),

Members of the Community:

Harold Flett (Donald Airport Improvement Committee) (to 5.18pm), Trevor Robinson (Donald Airport Improvement Committee) (to 5.18pm) and Camille White (North Central Catchment Management Authority) (from 5.24pm to 6.05pm)

Apologies:

Bill Ryan (Manager Finance), Judi Bird (Senior Procurement Officer), Bill Keane (Manager Community Services) and Jess Lysaght (Senior Planner)

Disclosure of Interests:

Cr Tellefson declared an indirect interest in Item 1.2 on the basis that he is a member of the Board of Johnson Goodwin Homes.

Cr Mather declared an indirect interest in Item 10 on the basis that he is a member of the Board of the CFA

Cr Mather took the Chair

MATTERS DISCUSSED

1. Presentations

1.1 Donald Airport – Second Runway Project

Harold Flett and Trevor Robinson, representing the Donald Airport Improvement Committee, provided an update on progress with the funding application the Committee had made to the Sate Aviation Improvement Fund.

1.2 North Central Catchment Management Authority – Charlton and Donald Flood Management Plans

Camille White briefed the meeting on the next stages of the Charlton and Donald Flood Plans and offered support for an application by Council to the National Disaster Resilience Grant Scheme.

2. Councillor Reports

Cr White reported on a meeting called by the CFA to discuss the proposal by VicRoads to build a toilet facility at the Dumosa Truck Stop. CFA representatives at the meeting proposed relocation of the current Fire Shed if the toilet development proceeded. Concern was expressed with the proposal to relocate for this reason. More information was sought.

Cr White reported on the success of the Buloke presence at the Regional Living Expo. Public response had been positive with more young people showing an interest than in the previous year.

Cr McLean reported on the Coonooer Bridge Fire Shed meeting. The meeting was well supported by Council, agencies and the community.

Cr Milne reported on the Regional Living Expo.

Cr Milne reported on the Coonooer Bridge Fire Shed meeting.

Cr Milne reported on the Donald Family Services Community Committee meeting.

Cr Pollard reported on discussion to relocate Corella’s from Charlton.

Cr Tellefson reported on a meeting of the Wimmera Regional Library Corporation.

Cr McLean reported on a meeting of Livestock Saleyards Association of Victoria.

Cr Tellefson reported on a meeting of the Municipal Fire Prevention Committee with the CFA to discuss risk assessment processes. Positive feedback was received on the Buloke Municipal Fire Prevention Plan.

3. CEO and Senior Management Team Reports

a. Legal

The Chief Executive Officer reported on the following legal matters:

i) Community Housing

ii) Planning/Local Law enforcement

iii) Building control compliance

iv) FoI requests

b. Risk

The Chief Executive Officer reported on the following risk related matters;

i) Public Risk Incidents

- Sea Lake (2012) – Trip

- Sea Lake (2012) – Fall

- Donald (2012) – Fallen branch

- Buckrabanyule (2012) – Cattle on road.

- Wycheproof (2012) – Unsightly property (Broadway)

- Wycheproof (2012) – Unsightly property (Mount Street)

- Birchip (2012) – Trip

- Culgoa (2012) – Fallen branch

- Donald (2012) – Fall

- Donald (February) – Trip

- Charlton (March) – Dog attack

- Sea Lake (March) – Trip

- Donald (April) – Trip

- Wycheproof (April) – Dog attack

- Springfield (April) – Dog attack

- Corack (April) – Sheep on road

- Donald (April) – Dog rush

iii) Staff Incident Reports

1) Nil

iv) WorkSafe

1) No matters.

v) Risk Management – Council Responsibilities when Appointed by DSE as a Committee of Management (CoM) for a Crown Reserve – No change. Discussion continuing with DSE, VMIA and MAV.

vii) Insurance

Review of coverage, including loss ratio, has commenced

4. Governance

a) Council Plan 2013-2017 – Review of Council Plan 2009-2013 completed and draft 2013-2017 Plan or distributed.

b) Code of Conduct for Staff – Draft Staff Code prepared and currently being reviewed.

c) Ordinary Meetings of Council – Progress of Actions from Minutes

Meeting Reference	Item	Action	Progress
Ordinary Meeting 13 March 2013	Central Murray Regional transport Forum	Write to the Central Murray Regional Transport Forum confirming its ongoing commitment and involvement and agreement to the $3,000 annual contribution.	Correspondence to be prepared
	Review of s86 Committees	Council determine to transition all Committees established to assist with the care, maintenance and management of Council owned facilities and land, including land and facilities where Council is the appointed Committee of Management under the Crown Land Reserves Act, to Advisory Committees as set out in the Local Government Act 1989; 2. Recognising that transition of all current committees to Advisory Committee status will require working with existing committees, that this transition take place over the next 12 months; 3. Council write to all of the Committees identified in the Attachment to this report advising them of the intent to transition to Advisory Committee status and the reasons why this is considered to be important; 4. As part of the correspondence referred to in 3 above advise Committees of the support to be provided by Council in making the transition as set out in this report; and 5. The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.	1. Correspondence prepared 2. Correspondence sent out 3. Article for Community Matters prepared 4. Meetings scheduled
	Roadside Weed and Rabbit Control Plan 2013/2015	Council adopt the Roadside Weed and Rabbit Plan as tabled in principle 2. The Roadside Weed and Rabbit Plan be forwarded to local Landcare Networks and Groups for comment prior to being formally adopted 3. The draft Plan be advertised in local newspapers and on Council’s website and submissions invited from interested parties 4. The closing date for submissions be set as Friday 19 April 2013 5. Council further considers the draft Plan and any submissions received at the May Ordinary Meeting.	1. Plan advertised and submissions sought 2. Plan forwarded to Landcare Groups
	Impact of Flood Mitigation on Insurance	Council write to the Insurance Council of Australia seeking clarification of their position on risk ratings, property cover and premium variations of insured properties within the protection of approved levee banks.	Correspondence prepared and sent
Ordinary Meeting 13 February 2013	Notice of Motion No 28 – Water for Fire Fighting Purposes	That Council: 1. Write to the Chief Officer of the CFA outlining the concern of the local Country Fire Authority (CFA) Brigades with the lack of access to tanks along the Wimmera Mallee Pipeline for fire fighting purposes 2. Write to the CFA Regional Office requesting advice as to priorities for the installation of tanks along the Wimmera Mallee Pipeline in Buloke to allow applications to be made to the CFA under the Fire Access Roads Scheme (FARS) 3. List this matter for discussion at the next meeting of the Municipal Fire Management Planning Committee 4. List the construction of tanks along the pipeline utilizing funds available through FARS as a matter for consideration by Council as part of 2013/14 Budget preparation.	1. Correspondence being prepared. 2. Contact made with CFA Regional Office and advice sought from Group Captains as to tank priorities. 3. Installation of tanks using FARS funding to be listed for consideration as part of 2013/14 Capital program.
Ordinary Meeting 12 December 2012	Notice of Motion: Police Presence in Buloke	1. Council write to Inspector Jamie Templeton seeking an urgent meeting in the New Year to further discuss ongoing concerns with Police presence and incident response times in Buloke. 2. The letter make specific reference to the violent incident that occurred in Watchem on 25 November 2012 and continuing problems with antisocial behaviours in Birchip and Charlton. 3. That a copy of the correspondence be sent to the Member for Swan Hill, Mr Peter Walsh MLA.
	Transfer of Service Approvals at the Wycheproof, Charlton and Sea Lake Kindergartens	1. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for both the Wycheproof and Charlton Kindergartens to the YMCA of Ballarat as the Approved Service Provider. 2. Authorise the Manager Community Services to commence the formal process required to facilitate the transfer of the Service Approval for the Sea Lake Kindergarten to Mallee Track Health and Community Service as the Approved Service Provider. 3. Continues to work with the individual Committees of Management and staff of the Wycheproof, Charlton, and Sea Lake Kindergartens to ensure a smooth transition of these Approved Services to the new Approved Service Providers. 4. Authorise the Manager Community Services to develop appropriate Facility Service Agreements with the YMCA of Ballarat and Mallee Track Health and Community Service to govern operational and maintenance responsibilities at all kindergartens located in the Buloke Shire.	1. Draft Facility Service Agreements with Ballarat YMCA and Mallee Track Health and Community Service to address the following matters: · Governance · Operations · Maintenance · Staff transfer arrangements · Occupancy arrangements for the respective Kindergartens that are subject to the transfer arrangement. 2. Industrial relations implications considered 3. Meeting to be held with YMCA in February 2013 4. Kindergarten Committees and parents kept informed as to the actions being undertaken
	Gilmour Road Land Transfer Agreement	That the Council: · 1. Proceed with the exchange of land at the intersection of Gilmour Road and Swanwater North Road in lieu of the section of the road reserve provided by Gilmour’s to the Council on Plan of Subdivision 444992B. · 2. Transfer Crown Allotment 2002 PP2532 Parish of Donald [Volume 11025 Folio 502] to Mr CT & Mrs DJ Gilmour. · 3. Gilmour’s have agreed to purchase the property for $7,000 excluding GST as determined by Council’s appointed valuers A and L Harvey Valuation Services. · 4. Place Public notices in local newspapers including full details of the proposed purchaser, price to be paid for the land and intended use.	1. Legal instrument to be prepared 2. Advertising in accord with Local Government Act to be undertaken 3. Purchasers to be advised of transfer program

Audit Advisory Committee – Progress of Actions

Meeting Reference	Item	Action	Progress
November 2012	Audit committee Self Assessment	Item to be included as an agenda item for February 2013 meeting.	Self Assessment distributed.
	VAGO Fraud Prevention Strategies	Council’s Risk Officer to review the Fraud Risk Register.	Review proceeding
	Financial Sustainability	To be addressed in the Internal Audit Plan.	Draft Internal Audit Plan prepared by the Internal Auditor for consideration by the Committee
September 2012	VAGO report on Local Government Fraud Risk Assessment	Implementation of recommendations	Management to develop a communication strategy to staff reinforcing the importance of fraud control

5. Financial

a) Management Reporting

Further revisions to the Monthly Reporting format were introduced at the April Ordinary Meeting.

b) Internal Audit Program

· Internal Audit plan proceeding

c) NDRRA Flood Repair/Restoration

Pre-payment of $11.3M received.

Acquittal of expenditure and grant funds received is continuing.

· A claim for the period January 2011 to end January 2012 has been lodged. .

· A claim, for the period February 2012 to end May 2012 has been lodged.

· A claim for the period June 2012 to December 2012 is being prepared.

· Request for further pre-payment advance of $4.5M has been lodged with DTF.

State Government is seeking to extend the period for lodgement of claims to 30 June 2014. Letter of support sent.

6. Staff

New Appointments

Frank Carrig - Caravan Park Caretaker – Assets and Infrastructure

Julie Grimshaw - School Crossing Supervisor – Compliance – Chief Executive Officer

Mark Lyons- Senior Mechanic – Workshop – Assets and Infrastructure

Ann Twford- Records Management Coordinator – Works and Corporate Services

Resignations/Departures

Nil

7. Major Projects (Projects with a value of over $100,000, projects carried over from previous year or projects of special interest)

i) Donald Storm Water Re-use System – Negotiation of end-user agreement is still proceeding. Operational manual is still being drafted.

ii) Charlton Recreation Reserve – Connection to AWB Dam – Meeting with AWB held 27^th March to progress MoU. Review of plans commenced prior to calling tenders

v) Donald Family Services Centre

a. Application for funding under the Regional Growth Fund submitted.

b. Availability of funding under the ‘Putting People First’ Program has been confirmed.

c. Capital Funding Agreement for $1.035M received from DEECD. Funds to be made available this year (3012/13).

d. Project timetable being prepared.

e. Project Reference Group and Donald 2000 have offered to raise $80,000 toward the project.

f. Donald Family Services Centre Project Liaison Committee formed at meeting held on 4 April 2013.

vii) Berriwillock Community Centre

· CFA is projecting manage the construction

· Contractor on site.

· Project review meetings with the CFA are being held on a three weekly cycle.

· Staff resolving final outstanding matters with Project Liaison Committee

· Construction timeframe is on track. Practical completion date set for CFA fire shed – 25th June 2013 and Multi Purpose area – 22nd July

x) Contract C6-2011/12 and Contract C12-2011/12 - Flood Damage Repair and Reconstruction

i. Principal Contract (C06)

a) Work Program approved

b) Works proceeding

c) Project Steering Committee meeting held 15 April 2013

xi) Green Lake

Green Lake Committee have advised the results of their further investigation of ground conditions. Results confirm the need for sealing of sections of the Lake. The Committee are liaising with DSE in regard to possible funding sources.

xii) Charlton Swimming Pool – Quotes for design are being obtained.

xiii) Sea Lake Pool – Pool Liner and Pipe-works tender let. Contractor has commenced work.

xv) Donald Airport – Power Upgrade – Works agreement with PowerCor signed. PowerCor are to confirm a date for works to commence. Anticipated date for completion August 2013.

xvi) Donald Scout Hall/Angling Club

· Works on site have re-commenced

· Report to Council at May Ordinary Meeting.

xvii) Charlton Harness Racing Club – Flood Repairs – Contract let, Works have commenced.

xviii) Charlton Swan Hill Road – Gravel Re-sheet – Works commenced.

Flood Update

i) General Update on Recovery Activities

· Charlton Flood Plan

o Steering Committee has met to consider community feedback.

o NCCMA to prepare a funding submission to Government for preparation of detailed designs

o NCCMA to develop a communications strategy for the project going forward.

o NCCMA to meet with Council 27 April 2013.

o VicRoads have been provided with a copy of the Report

· Donald Flood Plan

o Steering Committee has met to consider preliminary recommendations for the construction of levee banks.

o Refer to comments above (Charlton) re meeting between Council and NCCMA. .

o NCCMA to prepare a funding submission for detailed design of the proposed levees.

o Vic Roads have been supplied with a copy of the Report

· Community Events

o ‘Stories from the Flood’ publication proceeding.

· Rural Support

o Fire Shed schedule for 2013 has been distributed.

o ‘Farm Gate’ visits continuing.

· Wycheproof Community Flood Mapping Meeting – Meeting held on 24 April 2012. Feedback not yet received.

· Culgoa Flood Study – Mallee CMA has held an initial meeting with the Culgoa community.

· Flood Preparedness Plans

o Plans to be developed for Charlton, Donald and Culgoa.

o Draft plans prepared by VicSES for discussion with Charlton CRC and Donald CRC.

ii) Flood Expenditures – Updated summary report to be tabled.

iii) Community Recovery Committee Activities

· Charlton

o Committee meeting on a monthly cycle – Meeting held 9 April 2013.

· Culgoa

o Committee to meet as part of Culgoa Development Group meeting.

o Representatives of Mallee CMA have met with the Culgoa community to commence the process.

· Donald

o Committee meeting on an as needs basis. Date of next meeting yet to be advised.

· Wycheproof

o Meeting with NCCMA to undertake flood mapping held on 24 April 2012. No feedback yet received.

· Rural

o Fire Shed meetings proceeding

8. Council Policy and Strategy

i) MSS Review, Residential Land study, Rural Living Review and Industrial Land Use Review – Correspondence sent seeking Ministerial approval to prepare an Amendment relating to Industrial Land following Council resolution at the April Ordinary Meeting.

ii) Domestic Waste Water Management Plan – Discussion held with consultant to complete the work required.

iii) Public Health Sub-Plan of the Municipal Emergency Management Plan (MEMP) – Consultant engaged to prepare the Plan in accord with Department of Health (DoH) requirements.

iv) Local Laws Review

a. Saleyards Local Law – Meeting held with Saleyards Advisory Committee. Draft Local Law being prepared for review by the Committee.

b. Community Local Law – Amendment to Local Law to control shipping containers in residential area is currently on public exhibition for comment. Report to June ordinary Meeting.

v) Preschool Cluster Arrangements

o Discussion regarding transfer of Sea Lake operating licence to Mallee Track is continuing.

vii) Domestic Animal Management Plan (DAMP) – Review of current plan to reflect changes to legislation has commenced.

viii)Weed and Pest Management Plan

Draft Plan on public exhibition.

ix) Management Reviews

a. Road Maintenance Standards

Meetings of relevant staff are continuing.

b. Road Construction/Rehabilitation Decision Making Processes

Review has commenced using information and designs prepared as part of C06 as the base..

c. Economic Development – Review of Policies, Strategy and Approach

Review has commenced.

d. S186 Committees of Management – Review of Governance, Risk Management and Financial Arrangements

· Report tabled at March Ordinary meeting.

· Follow-up action proceeding

e. Financial Sustainability and Affordability

· Review of recommendations from the Ernst and Young report has commenced.

· Draft action plan prepared for consideration by Council on 11 February 2013.

f. Municipal Emergency Management Plan

o Work plan to review current Plan is being finalised in conjunction with VicSES.

g. Maintenance of Sporting Grounds and Reserves (Anthony Judd lead Manager)

h. HACC Program - Delivered Meals

Internal review has commenced and draft report provided to the CEO for comment.

i. Forward Capital Works Planning

Draft material prepared and currently being reviewed by Assets and Infrastructure staff.

j. Volunteer Support

· Loddon Mallee Community Leadership Program and Bendigo Volunteers have been jointly contracted to develop and deliver a volunteer support program across the Shire.

· Community workshops held. Feedback is currently being prepared.

k. Road Management Plan

Project team established and several meetings held. Review of the current Plan has commenced. Arrangements put in place for a risk analysis when a draft Plan is available.

l. Heavy Plant Maintenance

· Quarterly meetings of Plant Group scheduled.

m. Heavy Plant Replacement Program

· Review of the future of Long Haul Cartage Trucks is continuing.

· Quarterly meeting of Plant Group scheduled.

n. Municipal Public Health and Wellbeing Plan

· Consultant engaged

· Initial working party meeting held on 26 March 2013.

9. State Government Matters

VicRoads

Meeting held 12 April 2013. The following matters were discussed:

· Calder Highway, Dumosa - Truck Stop

· Design work for a toilet block has been completed and is likely to proceed in 2013/14 as a result of the Federal funding announcement.

· Installation of rubbish bins to be considered in conjunction with the toilet development.

· CFA Regional Officers have met with the Dumosa Brigade and advised the Dumosa Fire Shed will need to be relocated if the toilets proceed.

· Nullawil Toilets and Wayside Stop

· Remains a low priority by VicRoads

· Highest priority is for Rest Areas on the Calder Highway corridor.

· Intersection of Birchip/Nullawil Road and Calder Highway – Drainage Problems

· Full survey of site has been completed and asphalt works are to be undertaken as soon as practicable in conjunction with other works in the Shire

o Calder Highway, Sea Lake – Installation of Pedestrian Crossing

· Works to occur before December 2012 pending VicRoads sourcing an available contractor.

o Re-alignment Intersection Nullawil-South Road and Birchip-Nullawil Road to ‘T’ Intersection

· No funds available due to closure of the ‘Grey Spot Funding’ program.

o Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

· VicRoads will continue to monitor truck parking arrangements. No simple solution.

o Borung Highway, Donald – Entrance to Donald Recreation Reserve

· Council and VicRoads to work together on realignment of the entrance in accord with the Donald Reserve Master Plan.

o Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

· No funds available due to closure of the ‘Grey Spot Funding’ program.

o Cumming Avenue, Birchip – Sand bag traffic island

· Sand bags to be removed and replaced by line marking

o Possible Grey Spot Funding Priorities (Works identified by Council)

· Intersection of Sunraysia Highway and Racecourse Road Donald (comes into HWY on dangerous angle)(Requires Traffic Islands)

· Intersection of Calder Highway and Patchewollock Sea Lake Road (comes into HWY on dangerous angle)

· Intersection of Birchip Sea Lake Road and Marlbed Curyo Road

(comes into Birchip Sea Lake Road on dangerous angle)

· Intersection of Sunraysia Highway and Birchip Rainbow Road (comes into Highway on dangerous angle) – VicRoads report one reported vehicle accident (2006).

· Intersection of Sunraysia Highway and Kinnabulla West Road (Tree Trimming)

· Intersection of Sunraysia Highway and Marlbed Road (Tree Trimming)

· Intersection of Calder Highway and Warne Road (comes into Highway on dangerous angle)

· Intersection of Calder Highway and Birchip Nullawil Road /Nullawil Quambatook Road (comes into Highway on dangerous angle)

· Intersection of Calder Highway and Berriwillock North Road (comes into Highway on dangerous angle)

· Intersection of Donald Swan Hill Road and Nullawil Quambatook Road (comes into Highway on dangerous angle)

· Intersection of Donald Swan Hill Road and Banyenong Jeffcott Road (comes into Donald Swan Hill Road on dangerous angle)

· Intersection of Donald Swan Hill Road and Corack Wycheproof Road (comes into Donald Swan Hill Road on dangerous angle)

· Intersection of Birchip Wycheproof Road and Dumosa Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2004).

· Intersection of Birchip Wycheproof Road and Nullawil Birchip Road (comes into Birchip Wycheproof Road on dangerous angle) VicRoads report one reported accident (2012).

· Intersection of Sunraysia Highway and Devon Park Road (comes into Highway on dangerous angle)

· Intersection of Sunraysia Highway and Swan Water North Road (comes into Highway on dangerous angle)

· Intersection of Boort Charlton Road and Borung Charlton Road (comes into Boort Charlton Road on dangerous angle)

· Intersection of Boort Charlton Road and Jeruk River Road (comes into Boort Charlton Road on dangerous angle)

o Culgoa-Watchupga Road Bridge

· VicRoads is to carry out independent inspection to confirm that the damage was a result of flood damage

· Further onsite inspection of the intersection of the temporary bypass to be undertaken to address sight line and safety matters, including speed restrictions

o Town Entrance Signs

· Clarification sought on use of graphics on Town Entrance signs. VicRoads to provide advice.

o Charlton and Donald Flood Plans

· VicRoads confirmed they had received copies of the Plans and were currently reviewing the recommendations.

o A-Frame and Advertising Hoardings along Highways

· VicRoads confirmed that responsibility for enforcing Road Safety Act responsibilities in terms of A-Frame signs and Advertising Hoarding located on Highways between the edge of the Highway carriageway and the kerb or table drain is a Council responsibility

· VicRoads also confirmed that no signs are to be permanently secured to the road surface, road signage or trees planted on the shoulders of the Highway carriageway.

o High Mass vehicles

· VicRoads confirmed that they believe there is support in Government for the extension of B Triples onto selected Sate Highways

o State Road Safety Program

· VicRoads confirmed the announcement of $1B in Road Safety Funding over the next 10 years but advised funding guidelines are yet to be announced. Funds in Loddon Mallee are likely to be directed to the Calder Highway corridor with the section to Bendigo the first priority, and the section from Bendigo to Mildura the second priority.

o School Crossings

· VicRoads confirmed that funding for School Crossing Supervison in Buloke is unlikely to be affected by recent changes in funding arrangements.

10. Federal Government Matters

11. Community Matters

a) Recreational Lakes

Wooroonook Lake

o Emergency management plan and operational plans for caravan and camping facilities are still being prepared.

o * Staff have undertaken a further risk review in relation to signage at the Lake in conjunction with Transport Safety Victoria. A number of recommendations have been made that are currently being assessed.

o Foreshore Committee have approached GWM water for additional water allocation

o Report to be tabled at May Council Meeting on Council’s role as Committee of Management. The report will also deal with the pontoon.

Green Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

Tchum Lake

o Lake Committee is continuing to seek funding for preparation of a Master Plan to facilitate the development of on-site accommodation.

o Committee has instigated discussion with staff regarding the location and construction of on-site accommodation (cabins)

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

Watchem Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Lake Committee seeking funding for removal of trees along the walking path from the town to the Lake and for upgrade of the walking track.

o Lake Committee seeking funding assistance to upgrade access road around the lake. Council resolved in December for staff to assist with seeking alternative quotations.

Folletti Caravan Park Lake

o Emergency management plan and operational plans for caravan and camping facilities are currently being prepared.

o Draft landscape plan received.

o Angling Club have approached GWM water for additional water allocation. GWM water have responded to Council correspondence advising that the additional water is within the original allocation.

12. Vandalism

Nil.

13. Other

a. Budget 2013/14

The Chief Executive Officer provided a further update on preparation of the 2013/14 Budget.

- Further review of Budget input with Budget Managers completed 23 April 2013.

- Preliminary Capital Works listing completed and initial internal review undertaken.

- Rates modelling is to be completed in the next several days.

- Full analysis of the impact of introduction of the Fire Services property levy is yet to be completed.

- Budget meeting with Council sought for week commencing 29 April 2013.

b. Council Plan 2013-2017

The Chief Executive Officer reported that the Plan had been comprehensively edited for pre-publication. A few remaining comments are to be resolved prior to submitting to print production.

c. Culgoa-Watchupga Road Bridge – Update – Warren Hemopo/Anthony Judd

The Chief Executive Officer, Manager Reconstruction and Manager Assets and Infrastructure briefed the meeting on recent activities:

- Community meeting held Monday 15 April. Concerns raised continue to relate to the following:

· Scepticism as to the extent of damage to the bridge

· Timing of replacement

· Safety with the entry to Calder Highway of the temporary diversion, particularly in relation to sight distances, the need for speed reductions and changed traffic conditions signage on Calder Highway

· Possible alternative bridge treatments

- On site meeting held with VicRoads 22 April 2013.

d. 14 McCulloch Street, Donald – Future Use and Disposition

The Chief Executive Officer reported that the property has been inspected and correspondence sent to the last tenant to request materials left in the building be removed. The property has also been valued and an updated structural condition report commissioned.

e. Draft MAV Strategic Plan – Discussion – Warwick Heine

The Chief Executive Officer tabled the Draft MAV Strategic Plan for comment.

f. Illegal Roadside Ripping

The Manager Assets and Infrastructure briefed the meeting following a report by DSE that roadside ripping works had been carried out without the necessary permits on Elestons Road (both sides), Stahls Road (both sides) and Dawson’s Road (estimated total length of affected road is 33km). The roadside are classified as medium vegetation condition (Plains Savannah, which is Plains grasslands and Chenopod Scrublands). The roadsides were all covered in native grasses. The incident is being further investigated by council in conjunction with DSE.

g. Sale of Land – Cumming Avenue, Birchip (adjacent to the Birchip Bowling Club)

The Chief Executive Officer reported of an approach to sell Council land and proposed action to seek feedback from the Birchip Forum and Birchip Bowls Club before proceeding further.

h. Wycheproof Caravan Park, Wooroonook Lake Caravan Park and Donald Caravan Park – Council position on Permanent Residences

The Manager Assets and Infrastructure reported on an approach to Council to establish a permanent housing unit at the Wycheproof Caravan Park. It is proposed to draft policy on the matter for consideration by Council.

i. C06 – May Work Schedule

The Manager Reconstruction briefed the meeting on the proposed work schedule by the Contractor for May.

j. Parking of Fuel Tankers in Residential Streets

Cr Milne raised a concern with the practice of fuel tankers being parked in residential streets. The Chief Executive Officer undertook to ensure the provisions of the Road Traffic Act and Council’s Local Law are enforced.

k. Dogs in Rural Zones

Cr Milne sought information concerning the number of dogs permitted in a rural zone. The Chief Executive Officer undertook to arrange for the Ranger to contact Cr Milne and address his questions.

l. Farm Enterprises

Cr McLean asked the Chief Executive Officer to review comments n the draft Council Plan 2013-2017 in relation to farm enterprises. The Chief Executive Officer undertook to meet with Cr McLean to address review his comments.

Meeting closed 8.35pm.

Permit No.	Address	Project Description	Value	Date Approved
20130038	Morrison Street, BIRCHIP	New Building: Spectator Shelters	$11,500	9/4/2013
20130039	7 Blair Street, DONALD	Demolition: Demolish Assembly Building	$9,000	9/4/2013
20130040	10 Sutcliff Street, SEALAKE	Erection of Sign	$12,335	9/4/2013
20130041	Birchip-Wycheproof Road, NARRAPORT	New Building: Machinery Shed	$37,000	9/4/2013
20130042	35 Milburns Road, WYCHEPROOF	New Building: Erection of Fence	$2,500	10/4/2013
20130043	54 Camp Street, WATCHEM	New Building: Shed	$1,700	15/4/2013
20130046	518 Ingrams Road, SPRINGFIELD	New Building: Machinery Shed	$28,331	22/4/2013
20130047	Cumming Avenue, BIRCHIP	New Building: Shade Structure (Swimming Pool)	$10,000	22/4/2013
20130048	10 Corack Road, BIRCHIP	New Building: Dwelling	$420,000	22/4/2013

Permit No.	Address	Project Description	Value	Date Approved
20130044	27 Golf Links Road, CHARLTON	Re-Stump: Part Dwelling	$11,000	11/4/2013
20130045	95 Hannon Street, SEALAKE	Demolition of detached Dwelling	$16,500	16/4/2013
20130049	8 Corack Road, DONALD	New Building: Shed	$24,500	26/4/2013

Permit No.	Address	Permit	Expiry Date	Date Approved
LL10/DK08/13	Wycheproof	Fundraising	3/5/13	16/4/13
LL10/B02/13	Donald	Permit to Burn	19/4/13	18/4/13
LL10/BO3/13	Donald	Permit to burn	20/4/13	19/4/13
LL10/BSM04/13	Donald	Street Party	20/4/13	19/4/13
LL10/DK09/13	Wycheproof	Fundraising	1/5/13	24/4/13
LL10/DK10/13	Charlton	Fundraising	8/5/13	26/4/13

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2 Management Reports

7.2.1 Planning Permit Application 495/13 Two Lot Subdivision and Rural Dependent Enterprise - 519 Marlbed- Curyo Road, Marlbed

Author’s Title: Senior Planner

Department: Office of the CEO File No: LP/09/01

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A local economy in which the contribution of the agricultural sector and business sector is recognised and their continued growth actively encouraged and supported.

Strategy: Promoting the high quality clean agricultural production capacity of the Shire to take advantage of new opportunities to maximise economic growth.

Priority: Promote the capability of local producers to provide high quality grains, legumes, oil seeds and live meat to local, national and international markets and ensure Land Use policies in the Buloke Planning Scheme protect the future of these economic assets.

Motion:

That:

Determine to approve the planning permit application for a subdivision – dwelling excision and Rural Dependent Enterprise at Crown Allotment 28 and 29 (Parts) Parish of Marlbed known as 519 Marlbed – Curyo Road, Marlbed subject to the following conditions:

1) This permit will expire if:

a. The subdivision and use has not commenced within two years of the date of this permit; or

b. The subdivision and use has not been completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to, if a request is made in writing before the permit expires or within three months afterwards

2) The area shown on the endorsed aerial plans showing the medium class vegetation must be retained unless a planning permit is granted for its removal.

3) The area shown on the endorsed plans and associated documentation for the purposed on the Rural Dependent Enterprise must generally be in keeping with the specified locations.

4) If a crossover is required from Curyo – Marlbed Road to the newly created Lot 2, this will be in accordance with Buloke Shire standards but at full cost to the owner.

5) Before the plan of subdivision is certified under the Subdivision Act 1988, the owner of each Lot created must enter into an agreement with the responsible authority made pursuant to section 173 of the Planning and Environment Act 1987, and make application to the Registrar of Titles to have the agreement registered on the title to the land under section 181 of the Act. The agreement must state that

The land at Lot 1 and 2 may not be further subdivided so as to increase the number of Lots and no further dwellings should be erected on the land (as the excision of the dwelling unintentionally creates an additional entitlement for a dwelling without a planning permit on Lot 2.

The applicant/owner of Lot 1 acknowledges the dwelling is located within an agricultural area and from time to time rural activities on nearby land may adversely affect the residential amenity of this dwelling and its surrounds.

The owner must pay the reasonable costs of the preparation, execution and registration of the section 173 agreement.

Referral Authority Conditions:

Powercor

6) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

7) The applicant shall:-

- Where buildings or other instillations exist on the land to be subdivided and are connected to the electricity supply, they shall be brought into compliance with the Service and Instillation Rules issued by the Victoria Electrical Supply Industry. You shall arrange compliance through a Registered Electrical Contractor

- Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

- Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

- Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoin land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of “Powercor Australia Ltd” for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000

- Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

Grampians Wimmera Mallee Water

8) The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act.

Telstra

9) The owner of the land must enter into an agreement with:

a) A telecommunications network or service provider for the provision of telecommunication services to each lot shown on the endorsed plan in accordance with the provider’s requirements and relevant legislation at the time; and

b) A suitably qualified person for the provision of fibre ready telecommunication facilities to each lot shown on the endorsed plan in accordance with any industry specifications or any standards set by the Australian Communications and Media Authority, unless the applicant can demonstrate that the land is in an area where the National Broadband Network (NBN) will not be provided by optical fibre.

Moved: Cr David Pollard

Seconded: Cr Gail Sharp

Carried.

1. Executive Summary

A planning permit has been applied for to create a two lot subdivision that will act as a dwelling excision and rural dependent enterprise created on Lot 1 and continued agricultural broad acre cropping on Lot 2. A planning permit is required for a subdivision and Rural Dependent Enterprise in Farming Zone.

2. Discussion

A Planning Permit application (PPA 495/13) was received for a subdivision – dwelling excision and Rural Dependent Enterprise at Crown Allotment 28 and 29 (Parts) Parish of Marlbed known as 519 Marlbed – Curyo Road, Marlbed.

The land is within the Farming Zone (FZ) of the Buloke Planning Scheme.

The subject land is 285.9 hectares in size and the application is for fourteen (14) hectares to be excised off including the dwelling and related outbuildings leaving 271.9 hectares of agricultural land.

It is proposed that the planning permit be granted subject to Lot 1 with the dwelling having the Rural Dependent Enterprise use and development carried out in accordance with the submitted Farm Plan. Currently the Lot 1 site contains land with significant vegetation in the North West corner and several buildings.

The application has been advertised with a Public Notice in the locally circulating newspaper and copies sent to the neighbouring properties. A copy of the application was available at the Donald Council offices and no concerns or objections were raised.

The applicants have provided a written response addressing the Decision guidelines of the Farming Zone with the planning applications as required. They have also provided a farm plan for the Rural Dependent Enterprise including total costs of works for developing the site as a semi intensive lamb feedlot including separate growth yards.

3. Decision making

A planning permit could not be issued under delegation from the council as the proposal for a subdivision- dwelling excision and Rural Dependent Enterprise of fourteen (14) hectares do not meet the Zone requirement or local planning policies as specifically written.

This report is presented to Council so that Council may consider whether to approve this application for a subdivision – dwelling excision and Rural Dependent Enterprise of fourteen (14) hectares within the Farming Zone if it is satisfied that the proposal meets the intent and objectives of the local planning policy, State Planning Policy Framework and Farming Zone.

The specific issues under consideration are:

The land is within Farming Zone where a planning permit is required to subdivide under clause 35.07-3 of the Scheme. Each Lot must be at least the area specified in the schedule to the Zone. The area specified in the schedule is ‘100 hectares except where the application is for a rural dependent enterprise or for intensive agriculture and meets the requirements of the Local Planning Policy Rural land use and sustainable agriculture. (Clause 22.03)

In accordance with Clause 35.07-3 Subdivision, a permit may be granted to create a smaller lot if the subdivision is to create a lot for an existing dwelling and or a Rural Dependent Enterprise. An increasing issue with small lot subdivision dwelling excisions in the Farming Zone is the decision guideline of appropriate subdivision design. Many rural houses have substantial setbacks from the road and related outbuildings at a distance from the house to reduce noise and amenity issues. When choosing the boundaries for a dwelling excision, the Planning Department asks the applicant to make the tightest boundaries possibly incorporating the dwelling and related outbuildings however this is often in excess of the 2 hectare maximum. In this circumstance the dwelling is logically close to the boundary and road, however the space is required to incorporate the vegetation as well as provide adequate space for the rural dependent enterprise.

It is also a decision guideline to determine an appropriate buffer around the dwelling to ensure that general farming operations continue with minimal amenity impact, which can further add to the area required in an excision. The loss of productive agricultural land is not acceptable when considering the acceptable buffer.

Local Planning Policies

Rural land use and sustainable agriculture – Small Lot excision in the rural zone

Buloke Planning Scheme Local Planning Policy at Clause 22.03 Rural land use and sustainable agriculture has a specific section entitled ‘Small Lot excision in the rural zone’ that states:

· Lots created under the excisions provision of the rural zone should have a maximum size of two (2) hectares, except as otherwise required by a provision of this planning scheme.

· Dwellings excised under the provision of rural zones should be in a habitable condition and able to comply with the Building Code of Australia to this extent.

· The excision of dwellings will take place in a manner that will ensure the dwelling does not have the potential to restrict agricultural production on adjacent land.

· An adequate distance should be maintained within the excised lot around the dwelling to reasonably limit any likely impacts on adjacent agricultural activity.

· Subdivision likely to lead to concentration of lots as to change the general use and character of the rural area will be discouraged unless it can be shown that the clustering of lots will not limit the productive use and development of the larger lots in the subdivision or the surrounding.

In order to meet the purpose of the farming zone and rural local planning policy, the Council planning officer has recommended that two S.173 be entered in to; one for the small Lot 1 being created so that no further subdivision take place and that the Lot does not affect the agricultural as of use rights on surrounding properties. A second S.173 Agreement is to be placed on Lot 2 to prevent further subdivision and no further dwelling development. The purpose of this is to prevent proliferation of small Lots and to ensure that no unintentional entitlement to further development is created by the subdivision.

The application is not ideal due to the significant size of the proposed Lot being created however there is clearly a house, outbuilding and yard area as well as significant native vegetation (approximately 2.5 hectares) that makes up the dwelling excision Lot and this can be seen in the aerial with the new boundary of the Lot closely following these details. Approximately 7.5 hectares will be used by the Rural Dependent Enterprise Activity for the purpose of different finishing off stage feedlot yards as well as loading yards, docks and a minimal grazing area.

This subdivision also results in one small parcel with a dwelling and a Rural Dependent Enterprise and one large parcel for agricultural use thus creating a more sustainable parcel of agricultural land that does not have an inflated price due to a house. Also the right to develop the existing separate parcels under the current scheme is extinguished by the Section 173 Agreement to be applied, protecting the agricultural land from future development.

4. Financial Implications

The lots are currently facing the already constructed Curyo Marlbed Road and an additional crossover would be at the applicant’s expense so no additional financial implications are foreseeable.

5. Community Consultation

Notice of application advertised in the local newspaper, the Buloke Times.

Letter giving notice of the application forwarded to neighbouring property owners and occupiers of which there were two.

Copy of the planning application available for viewing at the Council’s Planning Office at Donald.

6. Internal Consultation

The opportunity to comment was offered to the Building Department and Technical Services department. No comments were received,

7. External Consultation

Statutory referrals were sent to PowerCor and GWM Water Authority, conditions were received and these have been placed into the planning permit proposed conditions.

8. Legislative / Policy Implications

The planning permit and report are in accordance with the Planning & Environment Act

1987, the Buloke Planning Scheme and the Subdivision Act 1988.

9. Environmental Sustainability

The vegetation on the site is considered of medium value and semi dense, it provides a

buffer along the Northern and Western boundaries and will be retained as per the

planning permit conditions.

10. Conflict of Interest Considerations

None that have been brought to the attention of Council staff.

11. Conclusion

It is recommended that a planning permit be issued for the Two Lot subdivision for the purpose of creating a dwelling and rural dependent enterprise Lot. This planning permit approval is recommended on the basis of the following conditions being applied:

1) This permit will expire if:

a. The subdivision and use has not commenced within two years of the date of this permit; or

b. The subdivision and use has not been completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to, if a request is made
in writing before the permit expires or within three months afterwards.

2) The area shown on the endorsed aerial plans showing the medium class vegetation must be retained unless a planning permit is granted for its removal.

3) The area shown on the endorsed plans and associated documentation for the purposed on the Rural Dependent Enterprise must generally be in keeping with the specified locations.

4) If a crossover is required from Curyo – Marlbed Road to the newly created Lot 2, this will be in accordance with Buloke Shire standards but at full cost to the owner.

The owner must pay the reasonable costs of the preparation, execution and registration of the Section 173 Agreement.

Referral Authority Conditions:

Powercor

6) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

7) The applicant shall:-

- Any buildings must comply with the clearances required by the Electricity Safety (Network Assets) Regulations.

- Any construction work must comply with Energy Safe Victoria’s “No Go Zone” rules.

- Provide to Powercor Australia Ltd, a copy of the version of the plan of subdivision submitted for certification, which shows any amendments which have been required.

Grampians Wimmera Mallee Water

8) The plan of subdivision submitted for certification must be referred to GWMWater in accordance with Section 8 of the Subdivision Act.

Telstra

9) The owner of the land must enter into an agreement with:

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.2 Saleyards Precinct Local Law No.14 of 2013

Author’s Title: Risk Officer

Department: Office of the CEO File No: CR/10/07

Attachments:

1 ViewDiscussion Paper Saleyards Precinct Local Law 14

2 ViewSaleyards Precinct Local Law May 2013

Relevance to Council Plan 2009-13

Objective: A local economy in which the contribution of the agricultural sector and business sector is recognised and their continued growth actively encouraged and supported.

Strategy: Promoting the high quality clean agricultural production capacity of the Shire to take advantage of new opportunities to maximise economic growth.

Priority: Continue to operate the Wycheproof Saleyards as an important regional livestock exchange.

Motion:

That:

1. Council proposes to make the Saleyards Precinct Local Law No.14 of 2013.

2. Council give notice of its intention to make the Saleyards Precinct Local Law No.14 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign in accordance with section 119(2) of the Local Government Act 1989.

3. Council endorse the draft Discussion Paper that has been prepared to assist with both the preparation of the proposed Local Law and community consultation and that it be made available as part of the process for community consideration of the proposed Local Law.

4. Council make copies of the proposed Local Law and the Discussion Paper available on Council’s website and at each of the Council’s District Offices.

5. Council invite submissions on the Saleyards Precinct Local Law No.14 in accordance with section 223 of the Local Government Act 1989.

6. Council appoint a Special Committee of at least three Councillors to hear and consider any submissions made in accordance with section 223 of the Local Government Act 1989.

Moved: Cr Stuart McLean

Seconded: Cr David Pollard

Carried.

1. Executive Summary

The proposed Saleyards Precinct Local Law replaces the existing Saleyards Precinct Local Law No. 8 made in 2007.

Even though the current Local Law is halfway through its 10 year life, legislation that applies stronger requirements to the management of livestock and occupational health and safety matters has been enacted since the Local Law was made.

Council has also achieved accreditation of the Wycheproof Saleyards under the National Saleyards Quality Assurance Program (NSQA).

In addition, by the end of 2013 it is expected that the Department of Environment and Primary Industry (DEPI) will have enacted the Standards and Guidelines for the Welfare of Livestock at Saleyards, currently out for public consultation. The proposed Standards and Guidelines contain standards relating to animal welfare which are incorporated under the Livestock Management Act 2010 and therefore will be legally enforceable. Substantial penalties will apply if they are not complied with. These standards will replace the (voluntary) Code of Practice applying to the welfare of animals at saleyards.

Although not of specific application to Council as an owner and operator of saleyards, (other than through standards associated with loading and unloading livestock which is also dealt with under other legislation), the National Transport Standards apply requirements to livestock transport operators.

All of these standards and guidelines are part of a suite of standards and guidelines applying to livestock that are progressively being implemented through Federal and State initiatives.

In the proposed welfare standards and guidelines referred to above, roles and responsibilities are applied to all players in the chain, from the farm to the saleyards. Duties are applied to “a person in charge” of livestock which changes as the livestock go through the various processes involved with the sale of livestock. Council as a saleyard owner and operator has roles and responsibilities applied to it under the proposed welfare standards as well as legislative requirements.

For all of these reasons the changes that have occurred in the management of livestock at saleyards and the changes that will occur, means that the current Saleyards Precinct Local Law has not kept pace and contains requirements that only partially meet the controls that Council needs to apply. The Local Law needs to be strengthened to reinforce the ways in which Council can manage some of the main risks its faces from owning and operating a saleyard, specifically legislative compliance risks, occupational health and safety and animal welfare.

Rather than do an amending Local Law such as the Community (Amendment) Local Law that Council recently endorsed, it was considered that replacement of the existing Saleyards Precinct Local Law would be a better approach given the extent of the changes.

This report is to obtain Council’s endorsement of the proposed Saleyards Precinct Local Law No. 14 and the Discussion Paper for the purposes of undertaking community consultation under sections 119 and 223 of the Local Government Act 1989 (“the Act”).

2. Discussion

The proposed Saleyards Precinct Local Law proposes regulation and control of the Wycheproof Saleyards Precinct to achieve its main objectives being:

· protecting Council’s assets and facilities;

· applying processes and requirements to:

o promote safety and safe work practices;

o operate the Saleyards Precinct in a manner that achieves the requirements of the Livestock Management Act 2010 and any applicable standards and codes;

o ensure that appropriate standards of welfare are applied and that any livestock brought to the Saleyards Precinct are treated humanely; and

o maintain accreditation as a saleyards under the National Saleyards Quality Assurance Program.

Parts 2 and 3 of the Local Law contain the main provisions that are necessary to achieve the objectives.

How the Saleyards Precinct can be used

A significant change of approach will be a prohibition on a person using the saleyards unless they enter into a User Agreement with the Council. “Permanent” users will be able to have an annual agreement while casual users will have “one off” agreements. It will be an offence to use the saleyards without having an agreement. These agreements are designed to formalise and put more structure around access and use. It puts Council in a position where it knows the intended use and duration and by whom

There is a specific requirement for any person at the saleyards to comply with any conditions, policies or guidelines applied by the Council to the use of the Saleyards Precinct. These include the Occupational Health and Safety and Risk Management Manual which is an essential feature of the NSQA accreditation. It is understood that the NSQA Program will be an approved compliance arrangement under the Livestock Management Act 2010. The arrangement is approved by the Minister as an appropriate option to the requirement in section 7 of the Livestock Management Act 2010 for a systematic risk assessment to be done of a regulated livestock management activity livestock by a livestock operator (which the Council is) under that Act.

There are new provisions that reinforce requirements about the care and welfare of livestock directed at achieving the new standards that will be in operation by the end of the year. Failure to comply with these provisions of the Local Law will be an offence.

The Local Law also contains new requirements on a User to provide the prescribed livestock identification information and to keep accurate records. There have been some difficulties with Council obtaining the necessary information, so time limits have been applied and an offence will be committed if the requirements are not complied with.

Some provisions have been retained from the existing Local Law that relate to delivery of livestock, sale day requirements and health of the livestock (i.e. they are fit for sale and fit for travel), stray livestock etc.

Focus on safety at the Saleyards Precinct

Part 3 of the Local Law is directed at obtaining a safe environment at the Saleyards Precinct. Clause 16(1) imposes an obligation on a user or a person delivering livestock to the Saleyards Precinct to comply with any requirements of the Local Law or the Council’s Occupational Health and Safety and Risk Management Manual concerning the operation and safe handling and use of equipment at the Saleyards Precinct. The clause also requires a User or any other person in charge of the livestock to immediately advise the Saleyards Manager of:

· any injury, hazard or near miss that has occurred during the period of use; or

· any damage or defect in any equipment that has occurred or is observed by the User during the period of use that needs to be made safe.

There have been instances where defective equipment has not been notified to the Saleyards Manager or Council staff at the saleyards. The new provisions are not about establishing responsibility for the damage or the defect but of putting the Council in a position where it knows of a problem and can fix it or prevent its use until it is fixed. However, every person using the saleyards has a role to play in maintaining a safe workplace. Clause 21 allows the Saleyards Manager or an Authorised Officer to designate any area or structure in the Saleyards Precinct as off limits by tagging it or lockout.

Other provisions in the Part regulate behavior and the use of vehicles and dogs in the Saleyards precinct.

Penalties

The proposed Local Law contains increased offences and increased penalties. This is consistent with the requirements in relevant primary legislation (the Livestock Management Act 2010 and the Occupational Health and Safety Act 2004), which has a strong emphasis on achieving compliance through the imposition of significant penalties.

The Local Law is trying to prevent defaults before it gets to be an offence under the legislation previously mentioned. The penalties, while limited, are higher than what is in the Community Local Law, but that is because the risks to Council and users of the Saleyards Precinct are higher than in general community matters.

As mentioned previously, the approach of Buloke Shire is not to issue infringement notices immediately for a breach of a Local Law, although some may argue that in safety matters that needs to be done to stop the breach or have it remedied quickly. The approach generally applied is to provide people with an opportunity to remedy the breach. If an infringement notice is issued under the Saleyards Precinct Local Law, then the breach would be considered as serious and with potential safety consequences to other users of the saleyards.

Council needs to determine its attitude to the penalty amounts having regard to the 20 penalty unit ($2000) limit prescribed in the Act.

3. Financial Implications

There are no financial implications.

4. Community Consultation

The Saleyards Committee have been provided with a draft of the proposed Local Law.

The Committee asked several questions, mainly relating to the practicalities of some of the provisions, including the notification requirement for use of the saleyards. The Committee suggested that copies of the draft also be made available at the saleyards so that it was readily available to saleyards users.

Any local law proposed to be made by a Council must, as a minimum, be subjected to community consultation under section 223 of the Act. In addition, Council must publish a community impact statement that provides information about the local law and assesses various elements of it. A person may request the Council to be heard in relation to a submission made by them and the Council must establish a special committee to do so.

5. Internal Consultation

The Local Law has been developed following discussions with the Chief Executive Officer and officers having an involvement in the management and operation of the saleyards.

6. Legislative / Policy Implications

The main reason for the review and proposed remaking of the Local Law is because of changes to legislation.

A Council knows, a local law must not be inconsistent with any Act or regulation and is inoperative to the extent of any inconsistency. A local law can complement State legislation as the provisions in the proposed Local Law about safety and animal welfare illustrate. The proposed provisions have been reviewed against any State legislation to ensure that there is no inconsistency or duplication.

There are no known policy implications associated with the proposed Local Law.

7. Environmental Sustainability

No implications.

8. Conflict of Interest Considerations

None known.

9. Conclusion

The proposed Saleyards Precinct Local Law applies requirements to operations at the saleyards that are consistent with current requirements applied under other legislation, including standards that have and will applied by the State and Federal Governments. Applying appropriate controls with appropriate enforcement tools is a reasonable way to achieve Council objectives.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.2 Saleyards Precinct Local Law No.14 of 2013

Attachment 1 Discussion Paper Saleyards Precinct Local Law 14

discussion paper

Saleyards Precinct Local Law No.14 2013

Warwick Heine

Chief Executive Officer

BULOKE SHIRE COUNCIL

DISCUSSION PAPER

SALEYARDS PRECINCT LOCAL LAW NO. 14 2013

INTRODUCTION:

The Saleyard Precinct Local Law No. 8 has been in operation in Buloke Shire since October 2007.

The Saleyards Precinct Local Law applies to the Wycheproof Saleyards, the Council having divested itself of other saleyards in the municipal district some time ago. The Local Law is mostly concerned with the processes of saleyards, such as pre sale procedure, allocations, reception and delivery of livestock, sale days and selling practices. It also contains some elements that might be described as directed at achieving certain occupational health and safety outcomes which need to be replaced by more contemporary practices.

The operation of the Wycheproof Saleyards is considered important to Wycheproof not only because it provides a centralised location in the municipality for sheep sales, but because of the commercial “spin offs” from the activity. Conversely, the activities undertaken at the saleyards and the raft of legislation applying to saleyards means that the ownership and operation of the saleyards could be considered a high risk activity for the Council on many levels.

The Local Law is a way in which various controls can be applied to a range of users of the saleyards precinct, but there is now a need for the local law to be changed to recognise how things have changed. It has been decided to replace the existing Saleyards Precinct Local Law rather than amend it.

The Local Government Act 1989 (the Act) sets out how Councils make or amend local laws, including a requirement for local laws to comply with a number of legislative principles and other matters identified in Local Law guidelines published by the Minister for Local Government.

The Council is a “public authority” under the Charter of Human Rights and Responsibilities Act 2006 (“the Charter”). It must ensure that a local law made by it is not incompatible with a human right prescribed under the Charter. As part of its decision making processes Council must give proper consideration to a relevant human right. If a proposal restricts or interferes with a right, consideration will need to be given to determining whether the restrictions are reasonable and demonstrably justified under the Charter.

This paper addresses some of the matters in the Local Law Guidelines that are considered relevant to Buloke’s situation as well as consideration of the Charter.

REASON FOR THE REVIEW:

There are many things that have impacted on the operation of saleyards which necessitate a change to the Saleyards Precinct Local Law to ensure that it is not inconsistent with other requirements. These include:

· The Livestock Management Act 2010 which applies a number of “new” processes and requirements to saleyard operators, including that a systematic risk assessment be undertaken and specific requirements that livestock operators comply with prescribed livestock management standards. It is understood that those standards, which apply to the welfare of livestock will be codified in law and will be in operation before the end of 2013.

· The (National) Land Transport Standards for Saleyards, which are already in operation, also have implications for the operators of saleyards. Some of those standards will prescribe roles and responsibilities of all possible parties that are involved with livestock through the various stages of selling livestock including when livestock pass through saleyards.

· Amendments made in 2009 to the Occupational Health and Safety Act 2004, which were specifically directed at strengthening the enforcement and prosecution provisions, including significant penalties for breach of that legislation.

Since the Local Law came into operation in 2007, the Wycheproof saleyards have achieved accreditation under the National Saleyards Quality Assurance Program (NSQA), a key objective of the Saleyards Precinct Local Law. Many requirements, including a dedicated occupational health and safety and risk management manual must be maintained and complied with to satisfy independent audit requirements and maintain NSQA accreditation. Changes are needed to the Local Law to zensure that NSQA accreditation is maintained.

SUMMARY OF CHANGES TO THE COMMUNITY LOCAL LAW:

The objectives of the proposed Local Law state that the Local Law is designed to focus saleyard operations on achieving processes and requirements to:

• promote safety and safe work practices;

• operate the saleyards to achieve the requirements of the Livestock Management Act and any applicable standards and codes;

• ensure that appropriate standards of animal welfare are applied and that any livestock brought to the saleyards are treated humanely; and

• maintain accreditation of the saleyards under the NSQA program.

The Land Transport Standards and the proposed welfare standards produced by the Department of Primary Industry describe roles and functions attributable to the person in charge of the livestock at any time during the process from pick up at the farm, through to transportation to the saleyard, the period at the saleyard and subsequent transportation to the property of the new owner or abattoir. While Council as the owner of the saleyards has certain obligations, it is the major users of the saleyard, predominantly livestock agents, that need to ensure that the way in which the saleyard is operated for a sale, complies with the legislative requirements.

The main changes made to the Saleyard Precinct Local Law are in 4 key areas:

User Agreements

It is proposed that the users of the saleyard, (predominantly livestock agents) enter into an annual User Agreement with the Council to conduct sales and use the Saleyard Precinct.

The User Agreement sets out general conditions applicable such as the User’s entitlement to use the Saleyard Precinct and the period of time that each use is for. Importantly, the User Agreement reinforces requirements in the Local Law, that the User notify Council of any injury, hazard or near miss that has occurred, any damage that has occurred during the period of use or any defect in equipment that has occurred during the period of use.

Other requirements in the Agreement reinforce the User’s compliance with the Council’s Saleyard Precinct Occupational Health and Safety and Risk Management Manual and compliance with requirements associated with the identification of livestock.

Livestock Identification

The Local Law contains clear requirements that a User of the saleyard must submit the prescribed livestock identification information prior to the sale and after the sale. A User will be required to maintain accurate records of all livestock entering or leaving the saleyards precinct and must be able to provide those records to the Saleyards Manager or an Authorised Officer of the Council when requested to do so. It is essential that current standards associated with livestock identification be applied. The Local Law provisions will apply penalties if there is a failure to provide the required information to the Council within the prescribed period of time.

Animal Welfare

The Local Law sets out requirements applying to animal welfare at the saleyards. While it recognises that there are current standards – the Code of Accepted Practice for the Welfare of Animals at Saleyards – Victoria 2007, it also recognises that new codes or standards may be applied under the Livestock Management Act at some stage in the future. The proposed Victorian Standards and Guidelines for the Welfare of Livestock at Saleyards (developed by Department of Environment and Primary Industries) have been released for industry feedback. Draft Australian Animal Welfare Standards and Guidelines produced by the Commonwealth Government and relating specifically to sheep have recently been released for public consultation. A number of standards, including those to be observed by “a person” or “a person in charge of livestock or sheep”, are consistent.

The animal welfare requirements in the proposed Local Law have been developed with reference to the draft documents currently available for community and industry consultation.

Health and Safety

Specific requirements are included in the proposed Local Law to achieve any User’s compliance with the Saleyard Precinct Occupational Health and Safety and Risk Management Manual. There are specific notification requirements (restated in the User Agreement) concerning notification of identified risks and hazards. This is intended to achieve a much more effective and reliable notification of such matters than currently occurs.

The attachment addresses some of the key matters that have been taken into consideration in the review and development of the Saleyards Precinct Local Law No 14:

State legislation	Councils have power to make local laws in relation to their functions and powers under the Local Government Act 1989. The Act applies limitations and restrictions on Councils’ local law making powers. For instance, a local law cannot be inconsistent with an Act or regulation or be inconsistent or duplicate a planning scheme that is in operation in the municipal district. Because of the Livestock Management Act 2010, the Local Law has been developed to ensure that Council can comply with the requirements of that Act, including the requirements relating to risk assessment of the saleyards. While it’s not possible to totally “future proof” a local law given it’s potential 10 year life, the Local Law has been drafted so that any future standards that come into operation under the Livestock Management Act (and given legislative force and effect), can be reinforced through the Local Law requirements.
Objectives of the Local Law	The Local Law Guidelines reinforce the importance of the objectives of the Local Law and how they link with the provisions in the Local Law. Any review of a local law necessitates a review of the objectives to ensure that they are still relevant to the Council’s vision for the municipality which in this instance is about recognising the contribution of the agricultural sector and business sector to the local economy and to actively encourage and support growth of the sector. A saleyard operating in compliance with legislative requirements and current standards applying to animal welfare and biosecurity measures will contribute to achieving this objective in the Council’s vision for the municipality. The objectives of the existing Local Law were reviewed and with some modifications were retained because they are still relevant to setting the context for what the Local Law is designed to achieve. The major objective of the Local Law is to apply processes and requirements to the Saleyards Precinct to: · Promote safety and safe work practices; · Operate the Saleyards Precinct in a manner that achieves the requirements of the Livestock Management Act and any applicable standards and codes; · Ensure that appropriate standards of animal welfare are applied and that any livestock brought to the Saleyards Precinct are treated humanely; and · Maintain accreditation as a saleyards under the National Saleyards Quality Assurance program.
Legislative approach	Schedule 8 of the Act applies a number of requirements to local laws. One of these is that a local law be drafted in accordance with current drafting standards applying in Victoria. The amending Local Law follows the style and standards used in legislation introduced into the Victorian Parliament.
Comparison with other councils	Many rural Councils have operated saleyards in the past but few continue to do so. The remaining saleyards operated by Councils mostly specialise in the type of stock traded at the yards. For instance, Wycheproof and Hamilton (Southern Grampians Shire) specialise in sheep. The provisions in the Local Law do not differ greatly from local laws of other Councils that operate saleyards. Some Councils do not have a local law but simply apply controls to the use of the saleyards in the same way that controls about use and behaviour of other Council facilities are applied. That is, users are required to observe the terms and conditions of use to be permitted to continue to use the facility. Likewise, fees and charges are applied as any owner of a facility would apply to access and use of the facility. Buloke’s proposed Local Law places a strong emphasis on OH & S matters and measures to maintain the welfare of livestock and NSQA accreditation.
Local Law performance	Why have a local law. Arguably Council could treat the saleyard as another Council asset/facility and simply apply terms and conditions to entry and use, as it does to recreational facilities, landfills and transfer stations. In the alternative it could simply enter into a contract with users of the saleyards. After considering the options, the conclusion has been reached that to maintain NSQA accreditation and to achieve the desired level of compliance with all of the new requirements, especially given the prescribed obligations for the owners and operators of saleyards, the best approach is through a local law. A local law will set out Council’s requirements for the use of the saleyards not just for the regular users of the saleyards but others who may use it on a more casual basis or who do not use it for the sale of livestock but leave livestock for collection by transport operators. While it is always intended to use a local law as a last resort for enforcement purposes, the matters that the local law attempts to regulate are important enough to the Council that the local law is seen as an important enforcement tool. The local law will provide a balanced approach to management and use of the saleyards and will provide an appropriate way in which to achieve compliance with the wide range of requirements that apply to saleyards.
Risk assessment	The ownership and operation of a saleyard is a high risk activity for the Council. The nature of the operation means that there are risks associated with the operation of saleyards equipment from the time that transport operators pull into the Saleyards Precinct. There is a high focus on the management of risk under the Livestock Management Act which requires that a systematic risk assessment be undertaken. Matters to be addressed under that assessment include risks to animal welfare and biosecurity and the control measures that will be applied to manage those risks. The Livestock Management Act also applies heavy penalties for a person who engages in a regulated livestock management activity (which a saleyard is) to knowingly, negligently, recklessly fail to act in a manner that results in a serious risk to human health, animal welfare, biosecurity or of spreading disease. Similar matters are also a key feature of the National Saleyards Quality Assurance program that the Wycheproof Saleyards are accredited under. An emphasis on occupational health and safety and the management of animal related risks is a matter that is continuously audited under that program. The proposed Saleyards Precinct Local Law increases requirements over and above the existing Local Law on users of the saleyard to comply with requirements intended to enhance awareness of health and safety, particularly with the equipment that is used. It also contains increased requirements to ensure that animal identification systems are observed and properly documented and that appropriate measures are applied to address animal welfare. These measures are intended to address risk at a certain level before the risk intensifies and results injury or death to humans or animals.
Penalties	The Local Law prescribes penalties for offences against the Local Law. The penalties applicable for an offence that is dealt with in a court appear in each of the provisions of the Local Law. The penalty payable if a person receives an infringement notice and elects to pay the infringement amount rather than defend the matter in court appear in Schedule 3 of the Local Law. In most instances, the infringement notice penalties are half of the relevant penalty that could be imposed by a Court. While it is always intended that the Local Law is used as a last resort when people have failed to comply with reasonable opportunities to remedy a breach, the Saleyards Precinct Local Law contains additional new offences and increased penalties. This results from the fact that the Local Law is designed to regulate and control potentially serious risks to people and animals. Such an approach is consistent with the way in which those risks are treated under the Livestock Management Act and will complement the requirements in that legislation. The proposed penalties are more than those currently applied under similar local laws of other Councils. This is because (like Buloke Shire’s current Local Law), those local laws came into operation before the Livestock Management Act and other relevant legislative amendments. The increased offences and penalty amounts are justifiable on the basis of the objectives of the Local Law and the risk that it is being managed through local law control.
Consultation and the review process	The proposed Saleyards Precinct Local Law have been developed with Council officers who have a role in the operation and management of the Wycheproof Saleyards. It has also been discussed with the Saleyards Committee, which is a special committee appointed by the Council and consists of the main users of the saleyard. Councillors and senior members of staff have also considered the proposed changes. The statutory process required under section 223 of the Act will be undertaken.
Restriction on competition	Schedule 8 of the Act requires any local law or amendment of it to be assessed to determine whether the proposed amendments are a restriction on competition. If it is found that the controls are in fact a restriction on competition it has to be shown that the benefits to the community as a whole outweigh the costs and that the objectives of the Local Law can only be achieved by a restriction on competition. The operation of the saleyards at Wycheproof could be considered to be a significant business within the context of Buloke Shire’s activities and budget. It provides income to the Council, not only from the livestock sales, but from the truck wash and other activities at the Saleyards Precinct. Does the Wycheproof Saleyard attract any of the “tests” applied to determine if the operation is a restriction on competition. For instance, does it deter new entrants from entering the market. Saleyards are highly regulated activities with requirements applied by a number of government instrumentalities. These requirements and the associated costs of overall compliance and compliance risk are arguably more likely to be a barrier to new businesses and arguably a restriction on competition than the proposed Local Law. Does the Local Law restrict the choice of consumers? Given the activity being regulated by the Local Law, that is, processes and requirements applying to the use of the saleyards operated by the Council for selling sheep, and the specialised nature of saleyards operating across Victoria, it is unlikely that the Local Law restricts the choice of consumers. There is a truck wash at the saleyards which is available to transport operators for a fee. Most saleyards offer a similar facility which is intended to reduce the potential spread of disease. If the same tests as described above were applied, the answer is also like to be that the separate function of the truck wash is not a restriction on competition. The fees and charges paid to use the saleyards are similar to those applied by other saleyards. Council will incur some costs for monitoring and enforcing the proposed Local Law but these costs are not over and above those in the budget for compliance requirements. There are other costs incurred for ensuring that the Saleyards Precinct is a safe working environment. Council is serious about limiting risks from its saleyards operation, both to humans and to livestock. It could have decided not to have a local law and rely on trying to achieve its objectives as an owner of the facility. For instance, it could refuse access to a person because of their previous failure to comply with safety requirements or because they have failed to pay fees. It was considered a local law will provide a better approach because it can be used as an enforcement tool for those who are not prepared to behave reasonably and could expose themselves or others to risk. For all of these reasons, the proposed Saleyards Precinct Local Law is not considered to be a restriction on competition.
Charter of Human Rights	The rights prescribed under the Charter have been reviewed to determine whether the amending Local Law is incompatible with any of those rights. It has been determined that the matters dealt with in the proposed Saleyards Local Law do not fall within any of the prescribed rights under the Charter and as such, no incompatibility matter arises.

CONCLUSION:

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.2 Saleyards Precinct Local Law No.14 of 2013

Attachment 2 Saleyards Precinct Local Law May 2013

BULOKE SHIRE COUNCIL

SALEYARDS PRECINCT LOCAL LAW NO. 14 OF 2013

PART 1 – PRELIMINARY

1. Title

This is the Saleyards Precinct Local Law No. 14 of 2013.

2. Objectives

The objectives of this Local Law are to provide for the peace order and good government of the Buloke Shire by:

(1) providing for the management and administration of the Council’s Saleyards Precinct;

(2) protecting Council's assets and facilities;

(3) applying processes and requirements to the Saleyards Precinct to:

· promote safety and safe work practices;

· operate the Saleyards Precinct in a manner that achieves the requirements of the Livestock Management Act 2010 and any applicable standards and codes;

· ensure that appropriate standards of animal welfare are applied and that any livestock brought to the Saleyards Precinct are treated humanely; and

· maintain accreditation as a Saleyards under the National Saleyards Quality Assurance program.

(4) generally providing for the administration of the Council’s powers and functions.

3. Authorising Provision

This Local Law is made under Section 111(1) of the Local Government Act 1989.

4. Commencement, revocation and area of operation

This Local Law:

(a) commences on (date to be inserted); and

(b) unless it is revoked sooner, this Local Law ceases to operate on (date to be inserted); and

5. Definitions

In this Local Law the following words have the meaning given to them unless stated otherwise:

“alcohol”	means a beverage intended for human consumption with an alcohol content greater than 0.5 per centum by volume at a temperature of 20 degrees Celsius.
“Authorised Officer”	means a person appointed by the Council under section 224 of the Local Government Act 1989.
“Council”	means the Buloke Shire Council.
“drug”	means a substance that is declared as a drug for the purposes of the Road Safety Act 1984 under section 3(3) or any other substance (other than alcohol) which, when consumed or used by a person, deprives that person (temporarily or permanently) of any of his or her normal mental or physical faculties.
“Livestock”	means an animal kept for the purpose of primary production including cattle, sheep and pigs but does not include a dog.
“Municipal District”	means the municipal district of the Council.
"Motor vehicle"	has the same meaning as section 3 of the Road Safety Act 1986.
"penalty units"	has the same meaning as section 110 of the Sentencing Act 1991.
“person in charge”	means in relation to an animal: · the owner of the animal; · a person who has physical custody or control of the animal, including an employee of that person; · the owner or occupier of a place or vehicle where the animal is at any relevant time.
“Saleyards Manager”	means the person appointed by the Council with responsibility for the day to management and operation of the Saleyards Precinct.
"Saleyards Precinct"	means the area of land used for selling livestock and includes the yards, ramps, amenities, truck wash, kiosk, truck parking area and surrounding land delineated on the map in Schedule XXX of this Local Law.
"special sale"	means a sale of livestock other than on a designated regular sale day.
“the Act”	means the Local Government Act 1989.
“the User”	means the person who has entered into a User Agreement with the Council to use the Saleyard Precinct.
"working dog"	means a dog used to assist with the movement of stock to a particular point or location.

PART 2 - THE SALEYARDS PRECINCT

6. Using the Saleyards Precinct

A person must not use the Saleyards Precinct unless that person has entered into a User Agreement with the Council before the use of the Saleyards Precinct.

Penalty: 5 Penalty Units

7. User Agreements

(1) Even though a User Agreement is in place between the Council and the User, the User must notify the Saleyard Manager of their intended use of the Saleyard Precinct:

(a) in the case of an annual User Agreement, not less than 14 days before each intended use; or

(b) in the case of a casual user, not less than 7 days before the intended use.

(2) The Saleyards Manager may exempt a person from the notification period prescribed in subclause (1) if he or she considers that the circumstances justify the exemption and that the Saleyards Precinct is in a safe condition and is available for use.

8. Compliance with Requirements

(1) Any person at the Saleyards Precinct must comply with any conditions, policies or guidelines applied by the Council to the use of the Saleyards Precinct, including any occupational health and safety programs or requirements to maintain accreditation of the saleyards under any quality assurance program for the saleyards.

Penalty: 5 Penalty Units

(2) The Council must ensure that up to date copies of any additional conditions, policies or guidelines applied by the Council to the Saleyards Precinct including any occupational health and safety programs or requirements associated with the quality assurance program referred to in subclause (1) are available for inspection at the Saleyards Precinct.

(3) A person under 16 years of age must not be in the Saleyards Precinct unless they are under adult supervision at all times and even if they are under adult supervision, must not operate any equipment including ramps or any vehicle in the Saleyards Precinct.

Penalty: 5 Penalty Units

9. Sale days

(1) The Saleyards Manager may from time to time determine:

(a) regular sale days for the Saleyards Precinct; and

(b) the days and the hours that a Saleyards Precinct is open for receipt and delivery of livestock.

(2) A person wanting to hold a special sale must enter into a User Agreement with the Council not less than 14 days before the proposed sale.

(3) The Council may prescribe conditions applying to the sale of livestock at the Saleyards Precinct.

10. Delivery and Receipt of Livestock

(1) Subject to the direction of the Saleyard Manager or an Authorised Officer, a person in charge of livestock that are being delivered for sale at the Saleyards Precinct must:

(a) immediately unload the livestock at the ramps provided;

(b) remove the motor vehicle from the unloading area as soon as unloading is complete;

Penalty: 4 Penalty Units

(2) The User of the Saleyards Precinct is primarily responsible for the receipt, handling and delivery of livestock prior to a proposed sale.

(3) A person must not pen livestock within the Saleyards Precinct more than 24 hours before their proposed sale unless the consent of the Saleyards Manager is obtained and the consent is noted on the User Agreement.

Penalty: 4 Penalty Units

11. Identification of Livestock for Sale

(1) A User must submit to the Saleyards Manager livestock identification information, and specifically the National Vendor Declaration (NVD), prior to the commencement of the sale.

(2) A User must keep an accurate record of all livestock entering and leaving the Saleyards Precinct and must ensure that any legislative requirements or Code or applicable to the identification of the type of livestock being sold is complied with.

(3) The records required to be kept must contain the number, description and origin of the livestock, the vendor’s name and property identification code (PIC), the National Vendor Declaration (NVD), the name of the purchaser and PIC and any other information prescribed in the User Agreement.

Penalty: 4 Penalty Units

(4) A User must provide the records associated with livestock leaving the Saleyards Precinct within 2 business days of the sale and must make the complete record available to the Saleyards Manager or an Authorised Officer when requested to do so.

Penalty: 4 Penalty Units

12. Care and Welfare of Livestock

(1) The requirements of the Code of Accepted Practice for the Welfare of Animals at Saleyards – Victoria (AG0027)^{^[1]} or any Code or Standard applied under the Livestock Management Act 2010 must be observed by any person delivering, handling or removing livestock from the Saleyards Precinct.

(2) A person in charge of livestock left in pens at the Saleyards Precinct overnight must ensure that accessible water supply and appropriate levels of feed are available unless they have made an alternative arrangement with the Saleyards Manager or an Authorised Officer.

(3) The Saleyards Manager or Authorised Officer may provide feed and water to penned livestock and the Council may recover the costs together with labour and other overhead costs incurred from the owner of the livestock.

(4) A person must not unload or pen any livestock not connected with a sale at the Saleyards Precinct unless he or she is permitted to do so by the Saleyards Manager or an Authorised Officer who may allow that to occur in certain circumstances, including in an emergency.

Penalty: 4 Penalty Units

13. Health of Livestock

(1) A person in charge of livestock must ensure that the livestock that they offer for sale at the Saleyards Precinct is free of disease, fit for sale and fit for their intended journey.

(2) A person in charge of livestock:

(a) must not offer for sale any livestock that in the opinion of the Saleyards Manager or an Authorised Officer is diseased, emaciated or injured; and

(b) must notify the Saleyards Manager or an Authorised Officer if there is dead livestock.

Penalty: 4 Penalty Units

(3) The Saleyards Manager or an Authorised Officer may direct the person in charge of the livestock to remove any dead livestock or any livestock that is diseased, emaciated or injured to an isolation pen or from the Saleyards Precinct.

(4) If:

(a) a direction under subclause (3) is not complied with; or

(b) the Saleyards Manager or an Authorised Officer cannot identify or locate a person to whom a direction under subclause (3) can be practically given –

the Saleyards Manager or the Authorised Officer may arrange for the livestock to be removed from the Saleyards Precinct.

(5) The Saleyards Manager or an Authorised Officer may isolate any diseased, emaciated or injured livestock in pens within the Saleyards Precinct and may arrange for any veterinary care for such livestock.

(6) The Council may recover the costs associated with removal under subclause (4) or veterinary care under subclause (5) from the owner of the livestock.

14. Moving Livestock

A person must not move livestock within or from the Saleyards Precinct without the permission of:

(a) the person in charge of the livestock; or

(b) the Saleyards Manager or an Authorised Officer.

Penalty: 4 Penalty Units

15. Stray livestock

(1) The Saleyards Manager or an Authorised Officer may designate an area within the Saleyards Precinct for keeping stray or unclaimed livestock.

(2) If stray or unclaimed livestock remain at the Saleyards Precinct in a designated area for longer than 24 hours the Saleyards Manager or an Authorised Officer may impound them and the livestock will be dealt with in accordance with the requirements of the Impounding of Livestock Act 1994.

PART 3 - GENERAL PROVISIONS APPLICABLE TO THE SALEYARDS PRECINCT

16. Health and Safety - Using Saleyards Precinct Equipment

(1) In addition to complying with any lawful directions of the Saleyards Manager or an Authorised Officer a User or a person who is delivering livestock to the Saleyards Precinct must comply with any requirements of this Local Law or the Council’s Saleyard Precinct Occupational Health and Safety and Risk Management Manual concerning the operation and safe handling and use of equipment at the Saleyards Precinct.

Penalty: 10 Penalty Units

(2) A User or any other person in charge of livestock in the Saleyards Precinct must immediately advise the Saleyards Manager or an Authorised Officer of:

(a) any injury, hazard or near miss that has occurred during the period of use; or

(b) any damage or any defect in any equipment that has occurred or is observed by the User during the period of use that needs to be made safe.

Penalty: 10 Penalty Units

17. Behaviour in the Saleyards Precinct

A person in the Saleyards Precinct must not:

(a) behave in a way that, in the reasonable opinion of the Saleyards Manager or an Authorised Officer is dangerous or creates a risk to the safety of other users of the Saleyards Precinct;

(b) behave in a manner that in the reasonable opinion of an Authorised Officer disturbs or obstructs any person in the lawful use of the Saleyards Precinct;

(d) refuse or neglect to carry out a reasonable direction given by the User;

(e) allow livestock to escape from a penned area within the Saleyards Precinct;

(f) damage, destroy, write or otherwise interfere with the facilities within the Saleyards Precinct or remove or affix anything to any building, improvement or structure of any kind within the Saleyards Precinct; or

(g) sell anything within the Saleyards Precinct other than livestock sold in accordance with this Local Law.

Penalty: 4 Penalty Units

18. Obstruction

A person must not obstruct the Saleyards Manager or an Authorised Officer in the performance of his or her powers, duties or functions under this Local Law.

Penalty: 4 Penalty Units

19. Dogs

(1) A person must ensure that any working dog in the Saleyard Precinct under his or her control is muzzled and supervised at all times and is secured when it is not working.

(2) A person must ensure that any dog under his or her control is not:

(a) allowed to be at large within the Saleyards Precinct; or

(b) enter into any building within the Saleyards Precinct.

(3) A person must not have more than 2 working dogs within the Saleyards Precinct unless it is an additional dog in training.

Penalty: 4 Penalty Units

20. Motor Vehicles

(1) Motor vehicles must only be washed in an area that is the designated truck wash bay.

(2) A person must not leave a motor vehicle within the Saleyards Precinct in a position that:

(a) obstructs entrances, exits or ramps; or

(b) interferes in any way with the proper movement of vehicular, pedestrian or animal traffic.

21. Unsafe Areas

(1) The Saleyards Manager or an Authorised Officer may designate any area or structure within the Saleyards Precinct as off limits by tagging it or lockout because:

(a) it has become unsafe; or

(b) it is an area or structure that is limited to specific persons.

(2) A person must not use an area or structure within the Saleyards Precinct contrary to any designation made by the Saleyards Manager or an Authorised Officer in accordance with subclause (1).

Penalty: 10 Penalty Units

22. Entry to the Saleyards Precinct

A person must not enter the Saleyards Precinct when it is not being used in accordance with the provisions of this Local Law unless:

(a) the person is lawfully carrying out duties in conjunction with the operation or maintenance of the Saleyards Precinct; or

(b) the person has the permission of the Saleyards Manager or an Authorised Officer.

Penalty: 4 Penalty Units

PART 4 - ADMINISTRATION AND ENFORCEMENT

DIVISION 1 – USER AGREEMENTS, FEES AND DELEGATIONS

23. User Agreements

(1) A person who wishes to use the Saleyards Precinct may make an application to the Council to enter into a User Agreement.

(2) The Council may require an applicant to provide additional information before it agrees to enter into a User Agreement with the applicant.

(3) The Council may determine not to enter into a User Agreement with the applicant but must provide an opportunity for the applicant or the User make a submission about the proposed determination.

(4) The Chief Executive Officer may hear any submission made under subclause (3).

24. Period of User Agreements

(1) Where an applicant proposes to conduct a number of sales during the year, the User Agreement will be in operation for one year.

(2) Where an application is for casual use of the Saleyard Precinct a User Agreement will be in operation until the expiry date in the User Agreement.

25. Conditions may be applied

(1) The User Agreement may be subject to terms and conditions which the Council considers to be appropriate in the circumstances including:

(a) the payment of a fee or charge;

(b) the payment of a security deposit, bond or guarantee to the Council to secure the proper performance of conditions on a permit or to rectify any damage caused to Council assets as a result of the use or activity allowed by the use of the Saleyards Precinct;

(c) that the User have appropriate insurance and must provide a written indemnification of the Council against liability arising from the activity or use;

(d) that the User keep accurate records of livestock transactions and that they be provided to the Council within the times specified in this Local Law and the User Agreement;

(e) that the User rectify, remedy or restore a situation or circumstance; and

(f) any other terms and conditions considered necessary in the circumstances.

(2) The Council may, during the term of the User Agreement alter the terms and conditions if it considers it appropriate to do so, but must provide the User with an opportunity to make comment on the proposed alteration.

26. Cancellation of the User Agreement

(1) The Council may cancel the User Agreement if it considers that:

(a) there has been a serious or ongoing breach of the terms and conditions;

(b) the User has not complied with a request by the Council within seven days to remedy or rectify a defect or default;

(d) in the circumstances, the permit should be cancelled.

(2) Before it cancels the User Agreement, the Council must provide to the User with an opportunity to make a submission on the proposed cancellation.

27. Fees

(1) The Council may determine fees for the use of the Saleyards Precinct, including any fees to be paid by a person under clause 12(4) and the Saleyards Manager may direct a person who has defaulted in the payment of any fees not to take part in a sale in the Saleyards Precinct.

(2) The Council may determine that interest be paid on late fees in accordance with section 227A of the Act.

(3) The Council may waive, reduce or alter a fee with or without conditions.

28. Registers

(1) The Council must maintain a register of User Agreements, including details of the User and the term of the Agreement.

(2) The Council must ensure that any alterations or changes to a User Agreement or any consent given under clause 10(3) is recorded in the Register.

29. Offences

A person who makes a false representation or declaration (whether oral or in writing), or who intentionally omits relevant information in an application for a permit or exemption is guilty of an offence.

Penalty: 4 Penalty Units

DIVISION 2 – ENFORCEMENT

30. Compliance with directions

Any person at the Saleyards Precinct must comply with any lawful direction of the Saleyards Manager or an Authorised Officer, including any direction that may defer or interrupt a sale because of an emergency such as a National Livestock Standstill, an emergency such as that in the Municipal Emergency Management Plan which requires the availability of the Saleyards Precinct or for health and safety reasons.

Penalty: 4 Penalty Units

31. Warning to offenders

(1) Where there is a breach of this Local Law an Authorised Officer may request the person breaching the Local Law to stop or remedy the breach.

(2) If there is a breach of this Local Law after an Authorised Officer has requested a person to remedy or stop the breach, the Authorised Officer may issue an official warning which must comply with the requirements of the Infringements Act 2006.

32. Power of Authorised Officers to act in urgent circumstances

(1) In urgent circumstances arising as a result of a failure to comply with this Local Law, an Authorised Officer may take action to remove, remedy or rectify if:

(a) the Authorised Officer considers the circumstances or situation to be sufficiently urgent and that a person, animal, property or thing may be at risk or in danger; and

(b) wherever practicable, a senior officer is given prior notice of the proposed action.

(2) In deciding whether circumstances are urgent, an Authorised Officer must take into consideration, to the extent relevant:

(a) whether it is practicable to contact:-

(i) the person by whose default, permission or tolerance the situation has arisen; or

(ii) the owner or the occupier of the premises or property affected; and

(b) whether there is an urgent risk or threat to public health, public safety, the environment or animal welfare.

(3) The action taken by an Authorised Officer under subclause (1) must not extend beyond what is necessary to cause the immediate abatement of or minimise the risk or danger involved.

(4) An Authorised Officer who takes action under subclause (1) must ensure that, as soon as practicable:

(a) details of the circumstances and remedying action are forwarded to the person on whose behalf the action was taken; and

(b) a report of the action taken is submitted to the Chief Executive Officer.

33. Power of Authorised Officers to impound

(1) Where any items, goods and equipment are used in contravention of this Local Law an Authorised Officer may remove and impound them.

(2) Where any items, goods and equipment are impounded under this provision, an Authorised Officer must as soon as possible and where practicable, serve a Notice of Impounding in the form of Schedule 1 on the owner or the person responsible for the item setting out the fees and charges payable and the time by which the item must be retrieved.

(3) Where the identity or whereabouts of the owner or the person responsible for the impounded item is unknown the Authorised Officer must take reasonable steps to establish the identify or whereabouts of the person and may to dispose of the impounded item in the following way:

(a) where the item is declared by a senior officer or another officer authorised for the purpose to have no saleable value, it may be disposed of in the most economical way determined by that officer;

(b) where the item is declared by a person in paragraph (a) to have some saleable value the item may be disposed of by tender, public auction or private sale but may be given away or disposed of if the sale is unsuccessful.

(4) Any proceeds from the disposal of an impounded item will be paid to the owner or the person who in the opinion of the Council appears to be authorised to receive the money, except for the reasonable costs incurred to the Council in the administration of this Local Law.

(5) If the person described in subclause (4) cannot be identified or located within 1 year of serving the Notice of Impounding, any proceeds of sale cease to be payable to that person and may be retained for municipal purposes.

(6) If an Authorised Officer has impounded anything in accordance with this Local Law, the Council may refuse to release it until the appropriate fee or charge for its release has been paid to the Council.

34. Infringement Notices and Penalty Amounts

(1) As an alternative to prosecution an Authorised Officer may issue an infringement notice to any person whom the Authorised Officer reasonably considers has committed an offence against this Local Law.

(2) A person issued with an infringement notice is entitled to disregard the notice and defend the prosecution in court.

(3) The penalty fixed in respect of an infringement for which an infringement notice is issued is the amount set out in Schedule 2.

(4) A person issued with an infringement notice may pay the penalty amount to the Buloke Shire Council at the address indicated in the notice.

(5) To avoid prosecution and subject to the Infringements Act 2006, the penalty indicated in the infringement notice must be paid within 28 days after the day on which the infringement notice is issued.

35. Waiver and withdrawal

(1) Within 28 days of receiving an infringement notice a person may make a written request to the Chief Executive Officer that the infringement notice be withdrawn.

(2) The Chief Executive Officer may consider the written request and may make a decision or a recommendation to the Council that the infringement notice be withdrawn.

(3) Where an infringement notice is withdrawn, the person upon whom it was served is entitled to a refund of any payment which that person has made other than any costs which the Council has paid as part of the enforcement process.

BULOKE SHIRE COUNCIL

SALEYARDS PRECINCT LOCAL LAW

SCHEDULE 1

(Clause 33)

IMPOUNDING NOTICE

To:___________________________________________________________________

(Name)

_____________________________________________________________________

(Address)

The following item(s) has/have been impounded in accordance with clause 51 of the Council’s Community Local Law No.10.

Description of items impounded:

_____________________________________________________________________

You may collect the items by attending at the Municipal Offices at_________________

_____________________(insert address) between the hours of _________________to see________________________________(contact officer) and by paying the following:

Details of fees and charges $

_______________________________________________ ___________

TOTAL $__________

If you fail to collect the item(s) and pay the required fees and charges by__________________

(date), the Authorised Officer will proceed to dispose of the item(s) in accordance with Council’s policy.

Date: ______________________ _____________________________

(Name of Authorised Officer)

Telephone: _________________ _____________________________ (Signature)

BULOKE SHIRE COUNCIL

SALEYARDS PRECINCT LOCAL LAW

SCHEDULE 2

(Clause 34)

PENALTIES FIXED FOR INFRINGEMENT NOTICE PURPOSES

Provision	Offence	Penalty Unit
Clause 6	Using the Saleyards Precinct without a User Agreement	3 penalty units
Clause 8(1)	Failing to comply with requirements applying to the use of the Saleyards Precinct	3 penalty units
Clause 8(3)	Unsupervised child under 16 or unsupervised child under 16 operating equipment	3 penalty units
Clause 10(1)	Delivering livestock contrary to the provision	2 penalty units
Clause 10(3)	Penning livestock contrary to the provision	2 penalty units
Clause 11(1) - (3)	Failing to submit required information prior to sale or to keep records required	2 penalty units
Clause 11(4)	Failing to submit records of livestock leaving the Saleyards Precinct within the required time	2 penalty units
Clause 12	Failing to comply with provisions concerning care and welfare of livestock	2 penalty units
Clause 13(1) - (2)	Failing to comply with requirements concerning health of livestock	2 penalty units
Clause 14(1)	Moving livestock contrary to requirements	2 penalty units
Clause 16(1)	Failing to comply with the Local Law or the Saleyards Precinct OH & S and Risk Management Manual	5 penalty units
Clause 16(2)	Failing to advise of injury, damage or defects	5 penalty units
Clause 17	Failing to comply with requirements concerning behaviour at the Saleyards Precinct	2 penalty units
Clause 18	Obstructing the Saleyards Manager or an Authorised Officer	2 penalty units
Clause 19	Failing to comply with requirements concerning the presence of dogs in the Saleyards Precinct	2 penalty units
Clause 21	Using an unsafe area contrary to provision	5 penalty units
Clause 22	Entering the Saleyards Precinct contrary to the Local Law	2 penalty units
Clause 29	Making a false representation or declaration	2 penalty units
Clause 30	Failing to comply with directions of the Saleyards Manager or an Authorised Officer	2 penalty units

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.3 Local Laws Report, Breach of Permit Conditions

Author’s Title: Compliance Officer - MFPO

Department: Office of the CEO File No: lla/16/02

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A local economy in which the contribution of the agricultural sector and business sector is recognised and their continued growth actively encouraged and supported.

Strategy: Promoting the high quality clean agricultural production capacity of the Shire to take advantage of new opportunities to maximise economic growth.

Motion:

That:

1. Council advise Ms Minster that it is not prepared to agree to her request for an extension of time to comply with the conditions of Local Law permit No. LL7/XA/05/11 on the basis that she has had ample time to comply.

2. Council revoke Local Law Permit No. LL7/XA/05/11 which allows 5 cats and 6 dogs to be kept on the property located at 7 Lundy Street, Charlton

3. That Council issue a Notice to Comply to the permit holder to reduce the number of dogs and cats on the property to the number permitted under the Community Local Law No.10 within 30 days of being notified of Council’s decision.

4. That pursuant to clause 14 of Local Law No 10, only 2 cats and 2 dogs may be kept at the property located at 7 Lundy Street, Charlton.

Moved: Cr Leo Tellefson

Seconded: Cr Stuart McLean

Carried.

1. Executive Summary

A report was submitted to the February Council meeting advising of the continued failure of the occupier of the property, Ms Minster, to comply with conditions of a permit issued to her in 2011 to keep excess dogs and cats at her property at 7 Lundy Street, Charlton.

A Notice to Comply had been issued to Ms Minster prior to the February Council meeting, giving her 14 days to remedy the Local Law breach.

The Notice to Comply was issued following receipt of complaints from surrounding residents in September 2012, January 2013 and February 2013 about the increasing numbers of feral cats visiting the property with resulting cat fights and the need for veterinary treatment of the complainant’s cats.

At the same time as the January 2013 complaint, Council was requested by the RSPCA to

attend an inspection of the properties under Ms Minster’s control because of complaints received about the welfare of the ponies held at 1 Lundy Street and concerns about the a growing issue with feral/stray cats wandering to and from the property (7 Lundy Street).

A joint inspection of the properties was undertaken with the RSPCA on 15 January 2013.

The inspection revealed that the occupier was not compliant with a number of the conditions of the Local Law permit.

At the time of the inspection there were 7 dogs and 7 eight week old pups at the property and a large number of cats. It was not possible to count the number of cats on the property.

The occupier claimed that 3 of the dogs on the property were only there on a temporary basis as they were being cared for on behalf of a friend.

The RSPCA Inspector questioned the occupier regarding the keeping and feeding of feral

cats and the health of the cats, some of which appeared to suffer from cat flu.

The RSPCA Inspector gave directions to the occupier to reduce the number of partly domesticated and feral cats and to ensure that she contacts Council to assist with trapping feral cats.

The occupier had sought an extension of time to comply with the Notice to Comply.

At the February Meeting Council resolved that the occupier be provided with a further opportunity to make a submission to the Council setting out the reasons why the permit should not be cancelled. Council also resolved that a further report be submitted to March Council meeting but information relevant to the permit conditions requested from other sources was not provided in time resulting in the report being delayed to this meeting.

A further inspection of 7 Lundy Street Charlton was undertaken on 28 February 2013 which revealed that there is still only partial compliance with the conditions of the permit.

The occupier has still not complied with the requirements of the Notice to Comply which is an additional offence under the Community Local Law.

The Community Local Law provides Council with a power to cancel a local law permit if there is a continued breach of the conditions of the permit.

The occupier has responded to Council’s invitation to set out the reasons why the permit should not be cancelled by suggesting that she be given a 6 month extension to allow her to relocate and operate at 1 Lundy Street, Charlton (occupied by her prior to the 2011 flood), where she would then apply for a permit to “breed, board and conduct an animal business and no more than the permitted number of dogs and cats will be kept at 7 Lundy Street.”

Ms Minster submits that this provides the best possible outcome for her as she is finding it hard financially to meet the “unreasonable conditions” of the local law permit.

The proposal to “breed, board and conduct an animal business” at 1 Lundy Street, Charlton means that it must be assessed as an animal business under clause 63 of the Buloke Shire Planning Scheme. Ms Minster has been advised that she will need to apply for a permit under the Planning Scheme as her previous planning permit to operate an animal business at 1 Lundy Street, has expired because of the length that has passed time since the business was last operated at that address.

Council needs to determine whether it will agree to the extension of time requested, continue to seek compliance with the local law permit conditions or treat the continued breach of the local law permit conditions as sufficient for the local law permit to be cancelled.

Based on experience to date adoption of the recommendation would lead to further disputation with the occupier.

2. Discussion

As indicated above, a Notice to Comply was issued to the occupier of 7 Lundy Street Charlton in January 2013 following receipt of complaints from surrounding residents in September 2012, January 2013 and February 2013 about the increasing numbers of feral cats visiting the property with resulting cat fights and the need for veterinary treatment of the complainant’s cats.

A joint inspection of two properties under the control of the occupier (7 Lundy Street and 1 Lundy Street) was undertaken with the RSPCA on 15 January 2013.

The inspection revealed that the occupier was not compliant with a number of the conditions of the Local Law permit issued for 7 Lundy Street.

At the time of the inspection there were 7 dogs and 7 eight week old pups at the property and a large number of cats. It was not possible to count the number of cats on the property.

The occupier claimed that 3 of the dogs on the property were only there on a temporary basis as they were being cared for on behalf of a friend.

The RSPCA Inspector questioned the occupier regarding the keeping and feeding of feral

cats and the health of the cats, some of which appeared to have cat flu.

The RSPCA Inspector gave directions to the occupier to reduce the number of partly domesticated and feral cats and to ensure that she contacts Council to assist with trapping feral cats.

Non compliance with the Local Law Permit included the following matters:

1. All provisions of the “Domestic (Feral/Nuisance) Animals Act 1994” are complied with.

At the time of inspection, none of the animals on the property had been registered.

The permit holder has since registered 4 dogs and 4 cats.

At the time of inspection, the permit holder has failed to ensure all animals were micro chipped.

2. All provisions of the “Buloke Shire Environmental Local Law No.7” are complied with (The Environment Local Law No. 7 was repealed by the Community Local Law No.10

which came into operation on 8 June 2011. While any rights and entitlements under

the former Local Law are not extinguished by the current Local Law, offences will be

for contravention of the current Local Law requirements. Clause 14 of the Community Local Law contains the same restrictions on the numbers of animals that can be kept in a Township Zone)

The Permit holder keeps dogs and cats in excess of the numbers permitted by the Local Law.

The Local Law requirement to obtain a Permit to keep dogs in excess of the requirements is not applicable where a boarding or breeding permit has been issued under the Planning Scheme and a domestic animal business has been obtained for animal boarding or breeding on the land. It is understood that the Permit holder does not have a permit for a domestic animal business.

In addition to the above, clause 15 of the Community Local Law requires that a person provide housing appropriate to the type of animal being kept so that neighbours are protected from noise or nuisance from animals on land in a Township. As the investigation revealed, cats are not kept in cages and confined to the property. The encouragement of feral cats to the property by the failure to adequately house the breeding cats is causing a nuisance to others.

3. No valid complaints are received from other residents relating to the keeping of the animals.

Council has received complaints regarding noise caused by barking dogs and the nuisance caused by feral cats that are kept and encouraged to be on the property by continual feeding.

4. Any reduction in excess animals are not replaceable under this permit.

The occupier advised that 2 dogs had died or left the property since the Permit was issued.

The permit holder advised that she had 4 dogs of her own on the property and was keeping (minding) 3 dogs belonging to another person on the property. These additional dogs were not listed in the original application.

5. All cats must be housed in purpose built housing or be contained inside the dwelling

As mentioned above, at the time the Planning and Local Law permits were applied for the occupier made representations that the cats would be confined within proper cages or inside the house. This has not occurred. Cats are permitted to wander at large. The rear door of the dwelling is left open. The purpose built housing for cats is being used to house dogs. The attraction of feral and stray cats to the property because existing breeding cats are not confined as required by this condition is the substantive breach of the permit conditions.

6. All caged pens/housing be erect and complete within 6 months of the issue of this permit.

At the time that the Local Law permit application was made the occupier had purchased 3 cages and was going to purchase an additional to cages.

At the time of inspection only one purpose built enclosure was on the property. This enclosure is used to house dogs.

7. All cats be registered with the Governing Council of the Cat Fancy Australia & Victoria Inc.

The permit holder was not able to provide information regarding registration of cats.

8. The applicant must abide by The Governing Council of the Cat Fancy Australia & Victoria Inc’s Code of Conduct for their members.

The permit holder was unable to provide proof of current membership of the Governing Council of the Cat Fancy Australia & Victoria Inc’s Code of Conduct for their members.

9. The permit is only valid for the number of animals listed, any proposed increase in numbers are subject to a new Permit that must be obtained prior to any extra animals being obtained.

The permit holder is keeping extra animals on property without seeking approval from Council.

10. Councils Compliance Unit is to be notified immediately the presence of a stray cat is detected on the property and a request made to trap and remove the animal.

The permit holder admitted when questioned that she feeds and encourages stray and feral cats onto the property. No approach has been made by permit holder to Council to undertake trapping of feral or stray cats.

11. That the condition and appearance of the property is of a standard that is generally in the keeping with the overall character and amenity of the neighbourhood.

The property is not in keeping with the general amenity of the area.

The occupier has sought an extension of time to comply with the Notice to Comply.

On the 28 February Council Compliance Officers undertook a follow-up inspection of the property (7 Lundy Street).

The inspection revealed that the owner remained non-compliant with several conditions of the permit as set out below:

1. All provisions of the “Domestic (Feral/Nuisance) Animals Act 1994” are complied with.

• The permit holder has now registered her animals - 4 dogs and 6 cats. (Note: Failure to register a dog or a cat is an offence under section 10 of the Domestic Animals Act 1994. It could attract an infringement penalty of $282 for each unregistered animal.)

• The permit holder was unable to produce the cats for microchip scanning. (This may constitute an offence under Section 76 Domestic Animals Act.)

2. All provisions of the “Buloke Shire Environmental Local Law No.7” are complied with.

The permit holder continues to fail to comply with 7 conditions of the permit as set out in the discussion below. Clause 7 of the Community Local Law makes it an offence for a person to fail to comply with any conditions of a permit.

3. No valid complaints are received from other residents relating to the keeping of the animals.

During the period 15 January to 28 February 2013 no new complaints have been received by Council.

4. Any reduction in excess animals are not replaceable under this permit.

• The permit holder now has 3 dogs and 6 cats at the address and 1 dog is being kept at 1 Lundy Street, Charlton. (Note: The current local law permit is for 5 cats and 6 dogs at 7 Lundy Street.)

• No notification has been received from the permit holder stating that the dog is kept at 1 Lundy Street, Charlton.

• To comply with the conditions of the permit the applicant may now only keep 3 dogs at 7 Lundy St, Charlton as 2 dogs living at the time the permit was granted have since died or been removed.

5. All cats must be housed in purpose built housing or be contained inside the dwelling.

• Cats continue to be permitted to wander at large, the rear door of dwelling was open at the time of the inspection allowing cats to wander across the whole property. The purpose built housing for cats continues to be used to house dogs.

• During the most recent inspection the occupier was questioned regarding the whereabouts of the cats. The occupier admitted that “they were at large” and “didn’t know where they would be”.

• The occupier stated that she was now keeping cats at 1 Lundy Street, Charlton.

• The occupier was advised that the Local Law permit was for keeping the cats at 7 Lundy Street, not at 1 Lundy Street, Charlton.

• The occupier stated that she couldn’t keep cats in the enclosure because the cage’s construction was inadequate.

6. All caged pens/housing be erect and complete within 6 months of the issue of this permit.

At the time of inspection only one purpose built enclosure was sighted on the property and, as mentioned above, this enclosure is currently being used to house dogs.

7. All cats be registered with the (GCCFV) Governing Council of the Cat Fancy Australia & Victoria Inc.

The occupier was not able to provide information regarding registration of cats with the GCCFV.

8. The applicant must abide by The Governing Council of the Cat Fancy Australia & Victoria Inc’s Code of Conduct for their members.

Correspondence was sent to the secretary of the GCCFV to ascertain if the occupier was a financial member and also if any cats had been registered, or births of litters recorded with the GCCFV.

The occupier does hold current membership of the GCCFV (Membership number 2027).

GCCFV advised the occupier has not registered any cats since her initial transfer to the GCCFV from another cat body in July 2009.

GCCFV advised the occupier had not submitted information to them in respect to the birth of any litters during her time as a member of the body.

9. The permit is only valid for the number of animals listed, any proposed increase in numbers are subject to a new Permit that must be obtained prior to any extra animals being obtained.

At the time of inspection no excess animals were detected.

10. Councils Compliance Unit is to be notified immediately the presence of a stray cat is detected on the property and a request made to trap and remove the animal.

At the most recent inspection 1 cat was observed on the property. When Council’s Compliance Officers entered the backyard this cat ran away, jumped the side fence and ran off towards the highway. The occupier was questioned about stray cats on the property to which the she replied “Has he gone?”

The occupier has not requested Council assistance with trapping stray cats. This was a matter reinforced by the RSPCA when the property was inspected in January 2013.

11. That the condition and appearance of the property is of a standard that is generally in the keeping with the overall character and amenity of the neighbourhood.

At the time of the inspection the condition and appearance of the property was compliant with the provisions of the Local Law.

Matters to be considered

As mentioned above, Council has a number of approaches it can consider in relation to the current situation.

The occupier’s response to why the Local Law permit should not be revoked is to request a 6 month extension of time, not for compliance with the permit conditions but to relocate to 1 Lundy Street Charlton.

The occupier has stated that she will repair and refurbish (existing) enclosures which will be used for an animal business when completed.

The occupier indicates in her response that it is very hard financially to try and meet the “unreasonable conditions” of the current permit. The occupier further claims that “these measures (her request for an extension of time) provide the best outcome to a situation created by poor advice from Buloke Shire Officers and her not understanding her rights on the current permit as I would not have applied for a permit like this if I had been aware of the restrictions.”

The occupier has been advised that she will need to apply for a planning permit to conduct an animal business. If such a permit is granted it is likely to contain conditions which are even more onerous than those in the current local law permit.

In addition, animal businesses are heavily regulated under the Domestic Animals Act. The premises on which the business is to be conducted must be registered with the Minister, the business must be registered with the Council and the business must comply with the Code of Practice for such businesses which can specify all or any of the following—

(a) standards for the keeping, treatment, handling and care of animals;

(b) standards for the facilities, equipment and conditions at business premises;

It is highly likely that if the occupier is experiencing difficulties with compliance costs associated with the Local Law permit, it will be even more difficult for her to comply with conditions of a planning permit and the processes under the Domestic Animals Act associated with conducting an animal business.

In the circumstances, it does not seem feasible to agree to the occupiers request for a 6 month extension of time as her approach to compliance with the Local Law permit does not seem to be based on her capacity to actually reasonably comply.

The last inspection of 7 Lundy Street Charlton revealed that there is partial compliance with the Local Law permit conditions. The conditions not being complied with relate to the control of stray and feral cats. Based on what was evidenced at the time of inspection, the statements made at the time by Ms Minster and statements made in her request for an extension of time, it is unlikely that there will be full compliance with the local law permit conditions for 1 Lundy Street.

The report to the February Council meeting canvassed the possibility of cancelling the local law permit to keep excess numbers of animals at 7 Lundy Street Charlton. Ms Minster was subsequently advised of that and invited to make a submission to the Council. Her submission requested an extension of time and proposed the relocation referred to above. Ms Minster has also been advised that her proposal will require planning approval. There has been no specific response to the potential permit cancellation.

As advised in the report to the February Council meeting, Clause 39 of the Community Local Law sets out the grounds on which a local law permit may be cancelled. Such grounds include a serious or ongoing breach of the conditions of a permit or failure to comply with a Notice to Comply within 7 days after the time specified in the notice. Both grounds have been satisfied.

The Local Law (clause 39(2)) also requires that before it cancels the permit Council provide the permit holder with an opportunity to make a comment on the proposed cancellation. This opportunity has been provided and has been responded to. No grounds were submitted by the occupier as to why the permit should not be cancelled.

Given the ongoing breach of the permit conditions and the response provided by the occupier to the potential cancellation of the permit which is essentially to relocate “the problem”, the permit should be cancelled.

If Council confirms the recommendation the next steps in the process would be to serve Notice on the occupier advising that the current Permit has been cancelled. The Notice would provide the occupier with a period of time to reduce the number of animals on the property to the level allowed under the Local Law. Failure by the occupier to comply would result in the issue of Infringement Notices and prosecution in the Magistrate’s Court.

The occupier would have the ability to appeal Council’s decision to revoke the Permit.

Any action by the occupier to transfer the activities currently being undertaken at 7 Lundy Street to property located at 1 Lundy Street would result in Council being required to take enforcement action.

The occupier could choose to make application under the Planning scheme to establish a business at 1 Lundy Street. Any such application would need to be treated in the normal manner.

The occupier could also seek to make a new application to keep excess animals at 7 Lundy Street. Any such application would need to be treated in the normal manner. However, given the current experience, if a recommendation were to be made to issue a permit, it is likely to contain conditions similar to those that apply to the current permit.

3. Financial Implications

Not significant.

It is possible that the occupier may seek to appeal Council’s decision through VCAT or another jurisdiction in which case legal costs could be incurred.

4. Community Consultation

Not applicable.

5. Internal Consultation

The proposal to relocate to 1 Lundy Street Charlton and re-establish an animal business has been discussed with planning.

6. Legislative / Policy Implications

The report deals with breaches of the Community Local Law No. 10.

Breaches of the Domestic Animals Act relating to registration of dogs and cats have been remedied for the 2012-2013 and 2013-2014 animal registration year.

7. Environmental Sustainability

Stray and feral cats are treated as “pest animals” under the Catchment and Land Protection Act 1994.

Pest animals are considered a threat to the environment.

8. Conflict of Interest Considerations

Not applicable

9. Conclusion

The animal business/keeping excess numbers of animals by the occupier came to Council’s attention because of complaints and ongoing failures to respond to reasonable requests to comply with the law. This situation resulted in both a planning permit and a local law permit being issued in 2011 containing substantially the same conditions.

Inspections of the affected properties suggest that there has apparently been little effort applied by the occupier to controlling stray and feral cats, or to deter them from coming onto her property.

The matter is more than a breach of the Local Law and a failure to comply with permit conditions. The RSPCA have become involved from an animal welfare perspective. There is also potential for DPI to become involved as stray and feral cats are pest animals. .

Because the occupier seems to be unable to remedy the breaches it is unlikely that compliance with any new approvals could be achieved, the permit should be cancelled.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.4 Review and Update of Instruments of Delegation and Sub-Delegation and Instruments of Appointment and Authorisation

Author’s Title: Risk Officer

Department: Office of the CEO File No: LG/10/04 & PE/02/01

Attachments:

1 Section 5 - Instrument of Delegation to CEO - printed in separate document

2 Section 6 - Delegation from Council to Staff - printed in separate document

3 Section 7 - Delegation from CEO to Staff - printed in separate document

4 Guidelines - Delegations - May 2013 - printed in separate document

5 Section 11 - Instrument of Appointment and Authorisation - J Holmes (Lysaght) - printed in separate document

6 Section 11 - Instrument of Appointment and Authorisation - M Boss - printed in separate document

7 Section 11 - Instrument of Appointment and Authorisation - J Groves - printed in separate document

8 Section 11 - Instrument of Appointment and Authorisation - K Hooke (Grieves) - printed in separate document

9 Section 11 - Instrument of Appointment and Authorisation - T Hall - printed in separate document

10 Section 11 - Instrument of Appointment and Authorisation - W. Wall - printed in separate document

11 Section 11A - Instrument of Appointment and Authorisation - J Holmes (Lysaght) - printed in separate document

12 Section 11A - Instrument of Appointment and Authorisation - M Boss - printed in separate document

Relevance to Council Plan 2009-13

Objective: An organisation that is responsibly governed with a strong emphasis on astute financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed responsibly.

Priority: Continue Council’s risk management program including the development of a plan to identify and mitigate high level corporate and community risks.

Motion:

That:

A. Council, in the exercise of the powers conferred by Section 98(1) of the Local Government Act 1989 (Vic) (“the Act”) and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to the Chief Executive Officer, Buloke Shire Council resolves that:

1. There be delegated to the person holding the position, acting in or performing the duties of Chief Executive Officer the powers, duties and functions set out in the attached Instrument of Delegation to the Chief Executive Officer, subject to the conditions and limitations set out in that Instrument of Delegation.

2. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

3. On the coming into force of the Instrument, all previous Delegations to the Chief Executive Officer are revoked.

4. The duties and functions set out in the instrument must be performed and the powers set out in the Instrument must be executed in accordance with any Council policies or guidelines as adopted from time to time.

5. It is noted that the instrument includes a power of delegation to members of Council staff, in accordance with Section 98(3) of the Act.

B. Council, in the exercise of the powers conferred by Section 98(1) of the Act and any other Act, regulation or local law referred to in the attached Instrument of Delegation from Council to Designated Members of Council Staff, Buloke Shire Council resolves that:

6. There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

7. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

8. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

9. The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

C. Council, in the exercise of the powers conferred by Section 98(1) of the Act and any other Act, regulation or local law referred to in the attached and Instrument of Sub-Delegation from the Chief Executive Officer to Designated Council Staff, Buloke Shire Council resolves that:

10. There be delegated to the members of Council staff holding, acting or in performing the duties of the offices or positions referred to in the attached and Instrument of Sub-Delegation from the Chief Executive Officer to Designated Council Staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

11. The Instrument comes into force immediately upon the Common Seal of Council being affixed to the Instrument.

12. On the coming into force of the Instrument all previous delegations to members of Council staff (other than the Chief Executive Officer) are revoked.

13. The duties and functions set out in the Instrument must be performed and the powers set out in the instruments must be executed, in accordance with any Council policies or guidelines as adopted from time to time.

D. Council resolve to:

14. Circulate a copy of the “Guidelines – Delegations to Members of Council Staff” previously adopted to the Chief Executive Officer and all designated staff to whom either Council or the Chief Executive Officer has delegated or sub-delegated powers to, for their information and reference.

E. Council pursuant to Section 224 of the Act appoint the designated members of Council staff to be authorised officers for the administration and enforcement of the legislation set out in the Section 11 and Section 11A Instruments of Appointment and Authorisation.

F. Guidelines – Delegation to Members of Council Staff

15. That the information be noted.

Moved: Cr Ellen White

Seconded: Cr Stuart McLean

Carried.

1. Executive Summary

Introduction

Many Council decisions are not made at Council meetings. In view of the range of legislative and regulatory responsibilities of Local Government it would not be possible for the sector to function effectively if this was the case. Instead, decision-making power can be delegated to special committees or to members of Council staff. The nature and extent of these delegations are controlled through formal Instruments of Delegation.

Delegations are different from authorisations. The decision of a delegate of Council is “deemed” to be a decision by Council. The decision by a person appointed by Council to a statutory position, for example, an Authorised Officer, is not. That person’s powers and responsibilities are quite distinct from those of Council.

Best practice governance procedures suggest delegations and associated policies should be reviewed on at least an annual basis. Pursuant to the Local Government Act 1989 (Vic) (“the Act”), Council is also required to review delegations within the 12 months of a general election.

This Report sets out the following proposed documents: Section 5 – Instrument of Delegation to the Chief Executive Officer; Section 6 – Instrument of Delegation from Council to Staff; Section 7 – Instrument of Sub-Delegation from Council’s Chief Executive Officer to Staff; Section 11 – Instrument of Appointment and Authorisation and Section 11A – Instrument of Appointment and Authorisation.

In view of the size and number of documents referred to in this Report, they have not been included as attachments to the Report and can instead be accessed via the Council Dashboard, as part of the Governance tab, under the Channel, “Proposed Instruments of Delegation and Authorisation – May 2013”.

2. Discussion

Essential Features of a Delegation

Council is a legal entity and, as such, is able to do only those things which it is authorised by statute to do. Most statutory bodies have a power of delegation of powers, to enable day-to-day decisions to be made. As it is a common feature of legislation, not all details about delegations are set out in the empowering Act. However, some general features of delegation are set out in the Interpretation of Legislation Act 1984, in particular:

· The decision, once made, is for all legal purposes a decision of the Council itself (Section 42A of the Interpretation of Legislation Act 1984);

· The “delegate” is in much the same position as the Council itself in terms of making the decision, for example, where the decision requires that opinion be formed, the delegate’s opinion can be the basis for the decision (Section 42 of the Interpretation of Legislation Act 1984); and

· The fact that a delegation has been made does not affect the Council’s powers in relation to the issue concerned (Section 42A of the Interpretation of Legislation Act 1984). This is subject, of course, to the rule that the delegate’s decision (once made) is taken to be the decision of the Council itself. The Council can, therefore, find itself bound by a decision which it would itself have made, and if this occurs then the existence of this “residual” power may provide little solace.

For this reason, it is important that the Council has in place appropriate policies and guidelines under which delegations should be exercised.

It is important Council understand that “Delegations” are different in nature from “Authorisations” in that the decision of a delegate of Council is “deemed” to be a decision by Council, whereas the decision by a person appointed by Council to a statutory position, for example, an Authorised Officer is not.

An Authorised Officer’s powers and responsibilities are quite distinct from those of Council and are unrelated to delegations.

Sources of Council Power and Decisions by the Council

As a statutory body established under the Act Council is able to do only those things which it is authorised by statute to do. As it is not a “natural” person, it can only act in one of two ways – by resolution, or through others acting on its behalf.

The power of a Council to act by resolution is set out in Section 3(5) of the Act:

“(5) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council.”

The sources of Council authority can be summarised as follows:

· Power to do things which a “natural person” can do, in particular the power to enter into contracts;

· Powers conferred by provisions of acts and regulations, such as the Local Government Act 1989 (Vic), and the Planning and Environment Act 1987; and

· Powers conferred by other forms of statutory instrument.

Section 5 of the Act gives Council the power to deal with property and, more generally, the capacity to do anything which other corporate bodies may, by law, do “which are necessary or expedient” for performing its functions and exercising its powers. The delegation of these powers is provided for in the “Miscellaneous and Administrative” section of the schedule to the Instrument of Delegation from the Chief Executive Officer to Designated Council Staff. Council can delegate these powers, particularly those best described as administrative or operational, where the authority does not come from specific Acts or regulations but rather from operational requirements of Council to manage its affairs.

Councils can also be conferred with further “natural person” powers under other statutory instruments. These powers are usually conferred on a council on a case-by-case basis and are not included in the attached instruments of delegation.

Types of Delegation

The power of Council to delegate others to act on its behalf is also set out in legislation. In particular, the Act makes express provision for the appointment of delegates to act on behalf of Councils. There are two basic forms of delegation under that Act, namely:

· To a special Committee. Although a Special Committee is only a “committee” of persons and is not a separate legal entity it can nonetheless as a body act as a “delegate” of the Council. This applies to Special Committees comprising Councillors as well as to Special Committees which include officers and/or other persons; and

· To an officer of the Council. If the delegation is to the CEO, that person has power to “sub-delegate” some or all of those powers to other officers. If the delegation is to any other officer then there is no power of “sub-delegation”.

The delegation power under the Act also applies to powers under any other Act. However, other Acts sometimes include specific provisions dealing with delegations relating to particular issues. This can lead to problems of interpretation when those Acts confer the delegation power more restrictively than the Local Government Act 1989 (Vic). For example, a delegate appointed under Section 188 of the Planning and Environment Act 1987 cannot authorise acquisition of land on behalf of the Council in its capacity as the responsible authority. Where such problems arise, the recommended approach is to comply with the more restrictive and specific delegation rules, rather than rely on the general provisions of the Act.

Where Council chooses to delegate powers to a Special Committee, or an officer, “best practice” dictates the appointment be formalised through a written “Instrument of Delegation”, wherever practicable.

Instruments of Delegation

This Report deals with three Instruments of Delegation:

· Section 5 - Instrument of Delegation from Council to the Chief Executive Officer.

· Section 6 - Instrument of Delegation from Council to Designated Members of Council Staff. This Instrument relates to various Acts and Regulations (or specific parts of those Acts or Regulations), which contain a specific power of delegation. These Acts include the Domestic Animals Act 1994, Environment Protection Act 1970, Food Act 1984, Health Act 1958, Heritage Act 1995, Planning and Environment Act 1987, Planning and Environment Regulations 2005, Planning and Environment (Fees) Interim Regulations 2012, Road Management Act 2004, Road Management (General) Regulations 2004 and Road Management (Works and Infrastructure) Regulations 2005.

· Section 7 - Instrument of Sub-Delegation from the Chief Executive Officer to Designated Council Staff. This instrument contains most other Acts under which Council has powers, duties or functions, which do not include a specific power of delegation.

The reason for these three Instruments of Delegation turns on the source of the powers of delegation.

Section 98(1) of the Act provides that a Council may, by Instrument of Delegation, delegate to a member of its staff any power, duty or function of a Council under the Act or any other Act, other than certain specified powers.

Section 98(2) of the Act provides that the Chief Executive Officer (“CEO”) may, by Instrument of Delegation, delegate to a member of the Council staff any power, duty or function of their office, except the power of delegation itself.

Other Acts also empower a Council to delegate certain powers, duties or functions. For example, Section 199 of the Planning and Environment Act 1987 and Section 58A of the Food Act 1984, empower councils to delegate their powers under those Acts to members of Council staff.

There is a presumption that a power of delegation cannot be sub-delegated in the absence of express authority to do so. For example, the Planning and Environment Act 1987, the Food Act 1984, Part 9B of the Environment Protection Act 1970 and Part III of the Health Act 1958 contain specific powers of delegation, but do not contain an express power of sub-delegation. Therefore, it is assumed that the power of delegation cannot be sub-delegated. This means it is necessary for the delegation to come from Council directly to the staff members.

By contrast, the Local Government Act 1989 (Vic) provides that the powers of delegation under that Act can either be delegated to its staff members or to the CEO, who may then sub-delegate their powers (provided that the delegation to the CEO specifically authorises him or her to sub-delegate). Therefore, the CEO is able to sub-delegate to Council staff without infringing the presumption.

Appointments and Authorisations

There is a basic distinction between a delegation and an appointment. A delegate acts on behalf of the Council, exercising the Council’s powers. A person who is appointed to a position has the powers of that position.

Appointments should carefully identify the office to which the person is being appointed.

If an “authorised officer” is appointed under section 224 of the Act then the appointment must be recorded in the register of appointments kept under section 224(1A) of the Act.

There are significant differences in the powers of officers, depending on the legislation under which they have been appointed, for example:

Office held	Example of restriction on power
"authorised officer" under s 224 of the Local Government Act 1989	May enter land or building in the municipal district "at any reasonable time" (s 224 of the Local Government Act).
"authorised officer" under the Health Act 1958	May enter trade premises at any time when such trade is in progress or is usually carried on (s 400 of the Health Act 1958).
"authorised officer" under the Planning and Environment Act 1987	Before entering any land, must get occupier's consent, give two days' notice or obtain a warrant (s 134 of the Planning and Environment Act 1987)
“authorised person” under the Residential Tenancies Act 1997	Before entering a residence must obtain the written consent of the occupier(s) (s 526 of the Residential Tenancies Act 1997)

The term “authorised officer” does not have a constant meaning – its meaning varies according to the context in which it is used. Some officers are “authorised officers” under particular legislation by virtue of their position, and no other form of appointment is necessary or appropriate, for example:

Office held	Relevant legislation
municipal building surveyor	Section 254 of the Building Act 1993 ("prescribed" under reg 1702 of the Building Regulations 2006). They are "authorised officers" under that legislation for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218 of the Building Regulations.
environmental health officer	Environmental health officers are · "authorised officers" under the Food Act 1984; · "authorised officers" under the Tobacco Act 1987.

Office held

Relevant legislation

municipal building surveyor

Section 254 of the Building Act 1993 ("prescribed" under reg 1702 of the Building Regulations 2006). They are "authorised officers" under that legislation for offences against regulations 703, 707, 708, 709, 710, 1009, 1205, 1207, 1208, 1211, 1214, 1216, 1217 and 1218 of the Building Regulations.

environmental health officer

Environmental health officers are

· "authorised officers" under the Food Act 1984;

· "authorised officers" under the Tobacco Act 1987.

A number of actions can be undertaken by Council officers by virtue of their being Council officers, and no other appointment is necessary:

Office held	Relevant legislation
"any member of the staff of any municipal council"	power to file a charge for an offence under the Summary Offences Act 1966 - section 56 of that Act

The Need to Review Delegations and Appointments

Commonwealth and State legislation undergoes a seemingly constant process of review, amendment and change. Acts are also repealed and new legislation passed. Council’s Solicitors, Maddocks, prepare documents which review these changes. In these documents Maddocks also provide guidance to assist Council in the effective allocation and control of decision-making powers.

In addition to legislative amendments, given restructure of positions, some delegations made to a specific staff position have been amended to refer to the new positions.

There are several reasons why delegations should be made carefully and reviewed regularly, in particular:

· Accountability and responsibility for decisions is possible only if decision-makers are identified;

· In delegating responsibility, Council can set conditions, limitations and guidelines for decision-makers, including reporting requirements; and

· Council decisions are often subject to legal scrutiny in courts and tribunals. This calls for precision about what decision was made, who made it and when it was made.

Using powers conferred by the Interpretation of Legislation Act 1984, the Instrument of Delegation incorporates provision for conditions and limitations on delegate’s powers. Using the principles of common law, Maddocks have included guidelines to assist decision-makers to make decisions in a consistent manner, and incorporating reporting requirements.

Rather than duplicate information that is already in the Instruments of Delegation in this Report, the Instruments have been marked in bold typeface to show changes that have occurred since the last review of delegations. Once adopted by Council, the ‘bold print’ will be removed.

Describing Staff Delegations

In the case of each of the delegations recommended in this Report, the source of power to delegate is recited. In most cases this is a combination of Section 98 of the Act and the delegation powers under other legislation.

Recitals in the Instrument of Delegation to the CEO are in the form of a schedule setting out the source of power for each recommended delegation.

Recommended by Council to designated staff and sub-delegation by the CEO to staff are in a form which allows Council to identify the source of the power, to understand what is being delegated, to whom it is being delegated and any limitations that will apply.

The selection of officers to whom various powers are proposed to be delegated is based on Council’s adopted organisational structure. Delegations are usually to the relevant Senior Manager and/or the position most relevant to the Delegation. In some instances this is dictated by specific skills or accreditation as defined in the relevant Act.

Delegation to the Chief Executive Officer

Most statutes impose limitations on the powers which may be delegated. Usually one of the powers which may not be delegated is the delegation power itself. However, this limitation does not apply in respect of delegation to the CEO. Under Section 98 of the Act:

“(3) The instrument of delegation to the chief executive officer may empower the chief executive officer to delegate a power of the Council other than the power of delegation to a member of Council Staff.”

The Instrument of Delegation to the Chief Executive Officer may therefore empower the CEO to exercise various powers of the Council, including the power to delegate powers to Council officers.

The possibility that the CEO might further delegate Council powers does carry potential for loss of control. However, the advantage for a Council in conferring on its CEO the power of sub-delegation is that it need not concern itself with many of the details of Council administration, allowing the CEO to issue and revoke instruments of delegation at regular intervals without the need to resubmit the issue to Council.

Council has previously directed the CEO to report to the Council on any use made of the power of sub-delegation. It is proposed this required continue and is consequently contained within the proposed documents.

The Schedule that forms part of the Instrument of Delegation defines the delegations being made to the CEO by Council.

Powers of the Chief Executive Officer

Amendments have been made to the Act which affect a Council’s powers, duties and functions. Where relevant, these changes have been translated into the revised Instrument of Delegation to the CEO and Instrument of Delegation to Designated Staff.

As previously reported to Council some of the changes to the Act specifically reference the powers of the CEO, as opposed to powers of the Council itself, and some of what were previously Council powers have now been changed to powers of the CEO.

Delegations to Officers

The power of delegation under Section 98 is a power to delegate Council’s powers under the Act, or any other legislation (with specific exceptions).

The delegation power does not apply to statutory appointments as these are not delegations of Council powers. Persons who are appointed to positions are acting as holders of statutory powers and are not acting as delegations. For example, an Authorised Officer appointed under Section 224 of the Act or a person appointed to institute proceedings on behalf of the Council (Section 223 of the Act).

A recurring problem with delegations to Council officers is that if delegations are made to named officers then each time a new officer is appointed a further instrument of delegation must be made. A solution to this problem is to delegate to the person who, for the time being, occupies a specific office, for example, to the “Manager Works and Corporate Services”. This is the approach taken in the Instruments of Delegation recommended to Council for adoption.

The proposed Instrument of Delegation by Council to designated Staff contains details of the source (Act or Regulation) of each of the delegations listed. Council has added to the Schedule the list of designated officers and details of any limitations that are to apply in the exercise of the delegated authority.

Unlike delegations to Special Committees, there is no express legislative provision for the Council to “require” officers to report to Council at intervals about decisions made under the delegation. However, as officers are employees of Council, this requirement can be imposed as one of the requirements of the job.

The recommended approach is for the CEO and officers to report to Council at regular intervals about decisions made under delegation. This addresses one of the common concerns raised in relation to this system of delegation, namely, how does the Council, as the responsible decision-making body, follow decisions and actions taken on its behalf by delegates.

One method of addressing this situation is that which has previously been adopted by Council, namely the adoption of Guidelines setting out the expected reporting requirements of staff when making decisions or taking action in accord with the powers delegated to them. It is proposed to continue with this approach and the Guidelines – Delegations to Members of Council Staff, as previously adopted by Council, will be distributed to all staff to which delegated authority has been granted. The Guidelines ensure accountability of the CEO and other staff to whom decision-making powers have been delegated.

The Guidelines set out the expectations for staff and contain a Table and Schedule setting out reporting requirements. There have been no changes to the Guidelines previously adopted by Council.

Sub-Delegation by the CEO

This Report proposes an Instrument of Sub-delegation from the CEO to Designated Staff. Included is a full schedule of the proposed sub-delegations and the conditions to be applied.

This document does not need to be adopted by Council as it is made by the CEO under authority of the “Instrument of Delegation to the Chief Executive Officer” authorised by resolution of Council.

The Instrument of Sub-Delegation has been updated and incorporates the list of Acts and Regulations under which delegations to designated staff are to be made. The CEO has reviewed each of the proposed sub-delegations and applied what he considers to be appropriate limitations or conditions on the use of the delegated powers proposed. There has been no reduction in either conditions or limitations from the existing Schedule of Sub-Delegations.

Documentation

It is important that decisions and actions taken under delegations be properly documented.

If the delegations were not in place, the exercise of functions, powers and duties of Council would be recorded in the minute book of the Council.

It is possible that the decisions taken under delegation will be reviewed in other spheres (i.e. internal or management review, Council review, Ombudsman, Victorian Civil and Administrative Tribunal (VCAT), Inspector of Municipal Administration, Auditor General and the Magistrates’ (or superior) Court).

Therefore, a proper record of delegated action must be kept to ensure that the decision or action can be substantiated at a later date.

The detail and method of recording will depend on the nature of the power, duty or function. However, the need for proper documentation should be upmost in the minds of all delegates.

Register of Delegations

Under sections 87 and 98 of the Act, the Council is required to keep a register of delegations to Special Committees. Under section 98 a register of delegations to members of Council staff must be kept. Those registers of delegations kept under sections 87 and 98, including the date when delegations were last reviewed under sections 86(6) and 98(6), must be made available for public inspection (Regulation 11(j) of the Local Government (General) Regulations 2004) (“the Regulations”).

Ratification of Officer Decisions

Several Acts which confer powers of delegation provide that particular decisions by delegates are of no effect unless ratified by Council. Namely, a decision by an officer to grant, renew or transfer registration of food premises under Section 58A(2) of the Food Act 1984 requires ratification by Council. In addition, a refusal by an officer to issue a permit for a septic tank system under Section 53M of the Environment Protection Act 1970, requires ratification by Council. A refusal by an officer to grant, review or transfer registration of premises under Part 19 of the Health Act 1958, also requires ratification, under Section 374A of the Health Act 1958.

Staff Delegations and Appointments

In the case of each of the delegations, the source of power to delegate should be recited. In most cases, this is a combination of section 98 of the Act and delegation powers under other legislation.

The selection of officers to whom various powers should be delegated is dependent upon the administrative structure of an individual council. For example, it may be that in some cases Councils do not allocate responsibilities in respect of each particular Act to the one officer.

The Instrument of Appointment as an authorised officer is normally be pursuant to section 224 of the Act. If a person is appointed to be an authorised officer under that section, then the following must also be considered:

1. It will be necessary to record the appointment in the register kept by the Council under section 224(1) of the Act (of appointments of persons to be authorised officers). There is a further requirement under Regulation 11(n) of the Regulations that the register be available for public inspection;

2. Section 224(2) requires that Council “must issue an identity card to each authorised officer”; and

3. The powers conferred by this appointment are only those powers enumerated in section 224 of the Act. Other legislation provides other powers to Council officers if the requirements of that other legislation are followed, for example, the power of entry under Section 400 of the Health Act 1958 which is conferred on “authorised officers” under that Act and the power of entry under Section 229 of the Building Act 1993 is available only to municipal building surveyors.

3. Financial Implications

There is no capital funding implication from this Report and any operational (recurrent) costs associated with the proposed changes will be covered through normal budget allocations. There is no direct financial risk from this Report.

4. Community Consultation

There has been no community contact or participation in this Report as the matters dealt with in this Report are of a governance and operational nature. Decisions regarding the operation of Council’s system of delegation are being made in an open meeting format and the community can access the Report and associated documentation. A Register of Delegations must also be made available for public inspection.

5. Internal Consultation

There has been consultation with the CEO in addition to individual members of staff, in particular those who are Authorised Officers, as part of a review of the legislative provisions, including changes to them.

6. Legislative / Policy Implications

An effective and current system of delegations is crucial to the operations and functions of Council. It is possible that the decisions taken under delegation will be reviewed in other spheres, including the judicial system. Therefore, a proper record of delegated action must be kept to ensure that the decision or action can be substantiated at a later date.

7. Environmental Sustainability

There is no environmental impact from this Report.

8. Conflict of Interest Considerations

There are no conflict of interest considerations arising from this Report.

9. Conclusion

The effective allocation and control of decision-making powers is pivotal to the operation and functions of Council and its commitment to good governance.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.6 Wooroonook Lake Committee of Management Responsibilities

Author’s Title: Recreation Officer

Department: Assets and Infrastructure File No: PR/15/06

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A Buloke community connected and involved in shaping decisions that affect them.

Strategy: Working together to maintain and enhance a living environment where people feel safe, are connected to their community and actively encouraged and supported to participate in community life.

Priority: Promote participation in community and sporting activities by providing and maintaining a range of Council-owned facilities.

Motion:

That:

1. Council note the contents of the report and their obligations as the DSE appointed Land Manager and Transport Safety Victoria appointed Waterway Manager.

2. Council continue to work with Transport Safety Victoria and the Wooroonook Lake Foreshore Committee in improving the amenity at Wooroonook Lake with specific attention on compliance and risk management requirements.

3. Council prepare Waterway Rules in accord with the provisions of the Marine Safety Act 2010 for application at Wooroonook Lake.

4. Approve the installation of a floating pontoon on the north side of the Lake on the basis that risk signage is erected and risk mitigation works completed as approved by Council’s Risk Officer and Transport Safety Victoria to mitigate the risk of injury when using the pontoon.

Moved: Cr Gail Sharp

Seconded: Cr David Pollard

Carried.

1. Executive Summary

On July 1^st 2012, the new Marine Safety Act 2010 came into effect. This legislation effects Council based on Council’s obligation as designated Waterway Manager of three Lakes within the Shire; Wooroonook, Brown’s Lake and Green Lake. Of these lakes, Buloke Shire Council has land management obligations only at Wooroonook Lake.

As the issues of land management and waterway management fall under different Act’s (the Crown Land Reserves Act 1978 and Marine Safety Act 2010), Council has compliance responsibilities at Wooroonook Lake under both Acts.

Council staff met with Transport Safety Victoria’s Waterway Management Department (TSV) at Wooroonook Lake on March 27^th 2013 to begin the transition process to comply with the Marine Safety Act 2010 requirements.

Staff have also undertaken a risk assessment of the facilities at the Lake, including the floating pontoon installed by the Wooroonook Lake Foreshore Committee, and of the current rules that apply. Changes and upgrades are proposed to ensure compliance with legal obligations.

Staff have also met with the Wooroonook Lake Foreshore Committee (April 17^th 2013) to discuss the changes required and gain their ongoing support in facilitating the changes.

2. Discussion

Council’s obligations under the provisions of the Crown Land Reserves Act are to act as a Committee of Management for Wooroonook Lakes. As the designated Committee of Management it is necessary for Council to make decisions in this capacity. This will require Council more regularly considering matters relating to the operations and management of the Lake.

There are also a number of issues identified in the Marine Safety Act 2010 that Council must address in order to comply with that Legislation. The principal area of compliance is the need to develop and adopt updated waterway rules.

It is not clear if Council ever adopted the current waterway rules that apply at Wooroonook. It appears the current rules were developed in the 1980’s, probably by the Wooroonook Lake Foreshore Committee. Following the impact of prolonged drought, capital improvements and the impact of the 2011 floods the current rules are outdated and redundant.

Matters to be considered as part of the development of new waterway rules include:

- Rules that clearly identify specific exclusion zones, swimming areas, boating zones, and boating speeds;

- Dry start areas; and

- Boat ramps.

Council will also need to specify the location and installation of buoys in designated areas in the lake, signage located around the lake highlighting the lake rules and risk requirements of using the lake.

Waterway rules are required to be advertised, gazetted and approved by the Victorian State Government.

Council will also need to give consideration as to how the waterway rules will be enforced under the Marine Safety Act 2010. This will include consideration of the appointment of authorised officers.

It is proposed that the new waterway rules will be developed in consultation with the Wooroonook Lake Foreshore Committee through a process similar to that used for the development of Council’s Local Laws.

It is proposed the waterway rules will be developed over the winter period to ensure they are adopted and any necessary signage and other risk related matters in place before the summer season.

Although not covered by the Review of the caravan and camping arrangements at the Lake will be part of the process

Council also needs to resolve a current specific issue at the Lake, the installation and operation of the floating pontoon installed in 2012 by the Wooroonook Lake Foreshore Committee

The floating pontoon is of plastic construction and is secured to 6 wooden posts placed in the Lake bed. The pontoon goes from the shoreline into the lake. The estimated water depth at the end of the pontoon is 1.5M. Water conditions around the pontoon are poor with low visibility due to weed growth and water discoloration.

Public access to the pontoon was closed off by Council after it was installed, and remains closed with signage identifying the closure is in place.

Council recently received engineering documentation that highlights the pontoon is safe to utilise, but risk concerns have been raised about its use.

Feedback from the Wooroonook Lake Foreshore Committee is that the area around the pontoon is planned to be a designated swimming area.

Council’s Risk Officer and Risk Consultant have identified a number of concerns with the pontoon. The most significant concern is the risk that individuals may jump or dive off the pontoon into variable (shallow) water depths which may cause severe injury or death.

A Risk Management Plan has been developed that caters for a number of signs on and around the pontoon to make potential users of the pontoon aware of the risks of injury, no diving signs, variable depth signage and a lake level indicator placed on the pontoon to monitor lake depth.

A pool gate located at the start of the pontoon has also been recommended as part of risk management of the pontoon.

TSV have also inspected the pontoon with Council staff and have indicated that they will provide a report with recommendations on risk treatments for the structure and surrounds. Once this report is received it will be considered in conjunction with the assessment already undertaken by Council staff and the Risk Consultant.

As indicated above, it is believed that it is possible to manage and mitigate risks associated with the pontoon through signage and barriers. However, to totally eliminate the risk would require removing the pontoon. This is not proposed.

Council resolution to proceed with the proposed risk mitigation proposals subject to further review following receipt of the TSV report is recommended.

3. Financial Implications

There are minor financial implications in meeting Council’s obligations under the Marine Safety Act 2010, including signage costs, staff resources and potential ongoing maintenance costs.

4. Community Consultation

The Wooroonook Lake Foreshore Committee has been consulted about the requirements to upgrade the waterway rules at Wooroonook Lake.

The Wooroonook Lake Foreshore Committee is currently engaging in discussions with Lake users about potential rules and exclusion zones that may be required at the Lake.

5. Internal Consultation

There has been consultation with Council’s Chief Executive Officer, Council’s Manager Assets & Infrastructure, Council’s Risk Officer and Risk Consultant in establishing risk and compliance concerns on the lake reserve.

6. Legislative / Policy Implications

Council has commitments as Waterway Manager under the Marine Safety Act 2010 to manage the waterway at Wooroonook Lake, which involves improvement of lake rules and safety with regard to most specifically boating activity.

7. Environmental Sustainability

N/A

8. Conflict of Interest Considerations

N/A

9. Conclusion

There are a number of concerns that will require addressing as part of the new Marine Safety Act 2010.

Transport Safety Victoria has been helpful in assisting Council in meeting the requirements of the Act.

The process proposed will involve consultation and support with the Wooroonook Lake Foreshore Committee in identifying the rules as Lake users, with Council required to establish these rules in line with the process developed by Transport Safety Victoria.

It is recommended that:

· Council note the contents of the report and their obligations as the DSE appointed Land Manager and Transport Safety Victoria appointed Waterway Manager.

· Council continue to work with Transport Safety Victoria and the Wooroonook Lake Foreshore Committee in improving the amenity at Wooroonook Lake with specific attention on compliance and risk management requirements.

· Council prepare Waterway Rules in accord with the provisions of the Marine Safety Act 2010 for application at Wooroonook Lake.

· Approve the installation of a floating pontoon on the north side of the Lake on the basis that risk signage is erected and risk mitigation works completed as approved by Council’s Risk Officer and Transport Safety Victoria to mitigate the risk of injury when using the pontoon.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.8 CONTRACT C9-2012/13 SUPPLY AND DELIVERY OF ONE SECOND HAND ROAD MAINTENANCE VEHICLE

Author’s Title: Manager Procurement

Department: Office of the CEO File No: PS/17/22

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A Shire where roads, drains, public spaces, community facilities, parks and other essential infrastructure are fit for purpose, well maintained and contribute to the well-being of the community

Strategy: Maintaining and improving the condition of our assets to ensure essential services are provided and the community has access to quality public facilities.

Priority: Continue the development and implementation of plans to protect and manage public assets in the Shire for the long-term.

Motion:

That the Council:

1. Award Contract (Contract C9 – 2012/13) for the Supply and Delivery of one (1) Second Hand Road Maintenance Vehicle to AUSROAD Systems Pty Ltd for the value of $343,351.00 excluding GST, registration, stamp duty and TAC Insurance.

2. Delegate authority to the Chief Executive Officer to approve payment to the Contractor for provision of the road maintenance vehicle associated with the Contract.

Moved: Cr David Pollard

Seconded: Cr Stuart McLean

Carried.

1. Executive Summary

Ongoing and sustainable capability for high quality, long lasting road repairs was identified as a priority requirement for the 2012/13 Capital Expenditure within the allocated Plant Replacement Budget.

The two existing Jetpatcher units have both been in service since 1984 and both have travelled over 262,000 kilometres. Due to their age, parts availability has become limited with a number requiring special manufacture, at additional expense and lead time. One Jetpatcher has recently been taken out of permanent service due to catastrophic mechanical failure.

Capability requirements identified collectively by Assets & Infrastructure and Works & Construction are listed below:

· Jetpatching;

· Major strip patching;

· Re-sealing;

· Wheel rutting and edge break repairs; and

· Edge break repairs.

Other considerations were operability and OH&S for operators as well as higher production rates, meaning that the one unit will effectively replace the two Jetpatchers previously in service.

Commissioning of a new machine will result increased output due to the ability to prepare seals and crack patching utilising the spraybar featured on this vehicle.

The following table shows the increased product capacity compared to the previous Jetpatchers.

Product	Jetpatcher (previous)	Road Maintenance Vehicle
Emulsion	700 litres	2000 litres
Aggregate	5m3	6m3

2. Discussion

Tenders for the above Contract for the supply and delivery of one (1) Second Hand Road Maintenance Vehicle have been invited and closed at 2.00pm on Thursday 18 April 2013.

One tender only was received from AUSROAD Systems Pty Ltd (ARCHERFIELD QLD)

An Evaluation Panel was established and met to consider the submitted tender.

The Evaluation Panel have submitted a report to the Chief Executive Officer. The report contains matters of a confidential and commercially sensitive nature.

The Evaluation Panel used the weighted attribute method of tender evaluation and the significant assessments of the panel are listed below:

The agreed relativity of importance of evaluation criteria and the determination of attribute weighting factors is listed below.

Criteria	Weighting
Compliance with specification	50%
Quality and condition of vehicle (body and unit), including warranty offered	30%
Parts and service availability, especially breakdowns	10%
Price	10%
Total	100%

Being the only tender submission, AUSROAD Systems Pty Ltd was evaluated by the panel against the evaluation criteria and the panels considerations are summarised hereafter –

The panel having undertaken its evaluation reached the following conclusions –

AUSROAD Systems Pty Ltd satisfied all specifications listed below:

;

a. Compliance with Specification;

b. Quality and condition of vehicle (body and unit), including warranty offered;

c. Parts and service availability, especially breakdowns; and

d. Price.

The road maintenance vehicle tendered by AUSROAD Systems Pty Ltd meets all the specification requirements. An independent mechanical assessment is being undertaken to verify the status of the cab-chassis and body.

The road maintenance vehicle can be operated by one person from the cabin plus traffic control requirements.

The Road Maintenance Vehicle is manufactured in Queensland, Australia with after sales service and parts provided from the same premises.

The projected operational lifespan of this vehicle is twenty years. A significant saving has been made by the decision to purchase a second hand vehicle, while still accessing the remaining warranty on both the cab-chassis and unit. Additionally, the lead time for delivery is less comparatively to a newly manufactured unit.

The following was determined;

No other tenderer offers a more beneficial or better financial outcome for Council than the tender submitted by AUSROAD Systems Pty Ltd in the context of the Price submitted.

The Evaluation Panel recommends that Council award the Contract (Contract No. C9 – 2012/13) for the supply and delivery of one (1) Road Maintenance Vehicle to AUSROAD Systems Pty Ltd.

3. Financial Implications

This contract is within the current Plant Replacement Budget for 2012/13.

4. Community Consultation

Nil Community Consultation was undertaken for this Contract but the requirement for the provision of reliable road maintenance and re-sealing capability is a community expectation.

5. Internal Consultation

Extensive inter-departmental consultation has been undertaken with the road maintenance vehicle being acknowledged as the highest priority in the Plant Replacement Program. External hire of a similar unit facilitated observation and assessment of the operational and safety aspects of a road maintenance vehicle. This has assisted the decision-making process.

6. Legislative / Policy Implications

The tendering process meets legislative requirements – Local Government Act 1989.

7. Environmental Sustainability

The venturi system featured in this vehicle is able to be cleaned by running water through while running and does not require oiling following use. This vehicle will also have less product waste than the two previous units.

The Cab-chassis has an emission standard in accordance with Australian Design Rules 80/03 Emission Control for Heavy Vehicles and is compliant with EEV. he function of ADR 80/03 is to prescribe exhaust emission requirements for heavy vehicles in order to reduce air pollution.

8. Conflict of Interest Considerations

There are no known Conflict of Interest Considerations.

9. Conclusion

No other tenderer offers a more beneficial or better financial outcome for Council than the tender submitted by AUSROAD Systems Pty Ltd in the context of the Price submitted.

The Evaluation Panel recommends that Council award the Contract (Contract No. C9 – 2012/13) for the supply and delivery of one (1) Road Maintenance Vehicle to AUSROAD Systems Pty Ltd.

7.2.9 2013 Youth Development Programs

Author’s Title: Youth Officer

Department: Community Services File No: GS/03/07

Attachments:

Nil

Relevance to Council Plan 2009-13

Objective: A Buloke community where people of all ages, backgrounds and abilities, are embraced and supported and can access the Council services they need to help live healthy and fulfilling lives.

Strategy: The contribution of all communities, large and small, in planning for and making decisions about the future is facilitated and recognised.

Priority: Explore current and future opportunities to improve Council’s community engagement and consultation activities.

Motion:

That:

1. Council note the report.

Moved: Cr Leo Tellefson

Seconded: Cr David Pollard

Carried.

1. Executive Summary

This Report updates the Council on the status of the 2013 Youth Development Program and to advise Council on pending funding constraints that may impact on the sustainability of the Youth Program in its current form into the future.

2. Discussion

Below is a brief description of the suite of projects in which our Youth Development Officer is actively involved either in a coordinating or participatory capacity.

1. Buloke Connect Youth Engage Program Objectives (Funded: BSC, Uniting Church in Australia & Office for Youth Victorian Government):

Local Youth Action Groups: Further development of pathways for leadership development and governance training for Local Youth Action Groups in Birchip, Charlton, Donald, Wycheproof and Sea Lake.

1.1 Buloke Youth Advisory Committee

Youth Charter: Develop Procedural Manual and identify priority youth emerging issue/s through local and shire wide youth conversations/consultation.

1.2 Buloke Family Fun Day

This activity was last held in April 2012 and will not be held in 2013.

1.3 Culture Creep Cohort

This project targets vulnerable youth and has the objective to identify issues for young people with CALD, Indigenous, Refugee status background, living as lesbian gay bisexual transgender and intersex (LGBTI) individuals, functioning in families with a disability, social/economic rural disadvantage and or family-dysfunction issues. The priority objective for this cohort is to develop a Youth Survival Card and to develop support pathways for the identified young people

2. Buloke Arts & Music FReeZA program objectives (Funded: BSC, Uniting Church and Office for Youth Victorian Government):

FReeZA activities are planned for Birchip, Charlton, Donald, and Sea Lake in the second half of 2013.

The Wycheproof event was held on the Labour Day long weekend at the Wycheproof Racecourse and was our first outdoor FReeZA event.

A FReeZA youth development and training workshop for 2013 will focus on event Emergency Procedures and Stage Production Coordination.

In July this year, Council’s Youth Development Officer will be doing a presentation at a FReeZA Regional Summit in Bendigo with a focus on experiences in building and sustaining community partnerships.

3. Buloke Youth Partnership Programs/Projects (Funded: BSC & NCLLEN):

3.1 NCLLEN & BSC Links for Life Wycheproof Mentor program

Work with NCLLEN to develop sustainable pathways to continue the Links for Life Mentor program in Wycheproof, with changes to the LLEN youth services from 1 July 2013.

3.2 Donald Youth and Community Network (Community Flood Recovery Funds BSC and NCLLEN)

A partnership between BSC, NCLLEN, Donald High School and Youth Connections with the objective of developing a local community network to support parents and vulnerable young people.

This program has successfully sourced funds to address parenting issues, and is addressing vulnerable youth learning barriers in the Work Inspirations pilot project with V/CAL students.

3.3 Flexible Learning Options Project (Funded: DEECD Victorian Government)

A project driven from the Department of Education & Early Childhood Development (DEECD) and part of a large demo site for project development incorporating Buloke, Gannawarra, Swan Hill and Mildura LGA’s to address vulnerable learners.

In Buloke, BSC and the NCLLEN are involved in a regional project to address secondary aged students disengaging from education and community. This project is located in Charlton and Wycheproof.

3.4 Buloke Loddon L2P Learner Drivers Program (Funded: Victorian Government)

A 3-year partnership project between BSC, Loddon Shire Council, Vic Roads, NCLLEN, Youth Connections, Vic Police, Charlton P 12 College and Wycheproof P-12 College.

3.5 Rural Youth Leadership Project (Funded: Swan Hill Rural City Council)

A project between Buloke, Gannawarra and Swan Hill Youth Councils and LGA’s to develop a youth leadership training model for all youth councils, committees to utilise.

3.6 Buloke Youth Health Expo 2013 (Funded: BSC Uniting Church SFYS grants)

This is a partnership project between the Buloke Shire Council, the Uniting Church, School Nurses program, School Chaplin program, Youth Connections, School Focussed Youth Service, and all the secondary schools in Buloke to provide opportunities for increasing the understanding and awareness of youth in regard to health and well being issues that affect youth. The Expo will be held in Birchip on 29 May 2013.

3.7 Kool Skools Music Program (Funded: Not confirmed)

This is a project that has historically been jointly funded by the Uniting Church and BSC. However, due to funding constraints, participation in this program will not proceed in 2013 and both the Uniting Church and BSC will continue to explore sources of external funding with the view to rejoining the program in 2014.

3.8 Southern Mallee Youth Partnerships Governance Project

Youth Partnerships is a State Government sponsored initiative aimed at improving the delivery of services to young people aged 10-18 who have disengaged from family, education or community or who are at risk of doing so.

In 2011, the Northern Youth Partnerships demonstration site comprising of Swan Hill, Gannawarra, Buloke, Loddon and Mildura shires identified the development of a governance model to support place based approaches for young people as a key activity underpinning all work across the demonstration site. Mildura have actioned a model in their locality, so are not a partner in this work.

The aim of the Southern Mallee Youth Partnerships Governance Project is to develop a sustainable model for governance of youth issues across the Southern Mallee region, relevant to the Councils, stakeholders and residents.

Although there are various existing governance structures in the youth, education and health services sectors, there is an identified need for establishment of a dedicated sustainable governance model around youth for the Southern Mallee region, which could also fulfil the local governance role for the youth partnerships project.

The objectives of the Southern Mallee Youth Partnerships Governance Project are to:

Identify and consult with the key stakeholders related to youth and governance across the Southern Mallee region;

Identify what governance models already exist in this region;

Formulate a recommendation on the preferred governance model to suit the needs of the stakeholders across the Southern Mallee region, that is sustainable into the future; and

Develop a strategy for the implementation of that governance model for the Southern Mallee region.

Evidence supports the effectiveness of good localised governance, studies have show that communities with collaborative governance are more effective at attracting and maintaining relevant resources, services and initiatives including recreational space, sporting facilities, community health services, clinics, police and resources for crime control, fire services, improved amenity, traffic safety improvements and social activities.

It is envisaged that the Southern Mallee Youth Governance structure will be a central vehicle to influence youth investment into the region. Joining together to plan and advocate for youth needs will create a stronger collective voice for the rural municipalities of Gannawarra, Swan Hill, Buloke, and Loddon.

3. Financial Implications

The overarching Buloke Shire Youth Development Program is funded using a partnership approach that includes contributions from the Uniting Church in Australia, the Victorian Government, and the Buloke Shire Council.

Access to funds from the Uniting Church will cease at the end of 2014 and funds from the State Government under the Youth Engage program cease on 31 December 2014.

FReeZA funding will cease on 31 December 2015.

Whilst the latter two programs will more than likely have further opportunity to apply for funding, the significant financial contribution made by the Uniting Church will be sorely missed.

For Council to be able to continue to employ a full time Youth Development Officer post December 2014, either an alternative external funding source will need to be secured or Council will need to significantly increase its own budget allocation to the program.

4. Community Consultation

The prime consultation group is the Buloke youth community, and the youth consultations were a component of the Back Chat project, which has been completed. The Youth consultations from that project will be published in the Buloke Youth Charter.

The broader community will be consulted in regards to the Buloke Youth Charter and current Buloke Shire Council youth programs (process in development). Timeframe for community consultation is June 2013 – August 2013, with relevant recommendations reflected in program developments.

5. Internal Consultation

Discussions have been held with management regarding options for program sustainability and program direction.

6. Legislative / Policy Implications

Our youth programs reflect and complement the current Buloke Shire Council Plan and our youth service and program development align with the directions of government at a Federal, State and local level.

7. Environmental Sustainability

The program provides meaningful and rewarding outcomes for participants engaging in our activities and programs. However, the ability to maintain delivery as each objective grows will impact on the sustainability of the program in some communities.

8. Conflict of Interest Considerations

Nil

9. Conclusion

Council’s youth development program has grown from a recreation-activity based program aimed at addressing a ‘lack of things to do’ to a more robust, purposeful and fun program that encourages young people to develop personal skills and self esteem through leadership ‘styled’ opportunities, whilst also increasing their local citizenship roles and responsibilities.

However, a noticeable increase in the proportion of the youth cohort who are demonstrating ‘risky’ behaviours’ or who could be considered ‘at risk’ of becoming vulnerable appears to be reflective of the changing demography of our small rural communities, with many of these youth experiencing some quite complex family relationship issues. The increasing prevalence of underage binge drinking, illegal substance abuse, risky sexual behaviours, inappropriate use of social media, demonstrations of mental health psychosis, and issues facing young people who are identifying as LGBTI, all present a challenging environment for not only the youth themselves but also for their parents, family members, and the professional staff that are employed in a youth environment that is quite different to that which existed twenty years ago.

Whilst it is encouraging that ‘at risk’ and vulnerable youth, with the support of Council’s Youth Development Officer, are starting to feel comfortable to be involved in youth initiatives, it has been challenging to reconcile the aspirations and interests of the greater youth cohort so that all young people are engaged collectively in programs and initiatives that foster their leadership, independence, and connection to their local community.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.10 Donald Hockey Club Changeroom Development

Author’s Title: Recreation Officer

Department: Assets and Infrastructure File No: CP/10/07

Attachments:

1 ViewApproval to amend Master plan

Relevance to Council Plan 2009-13

Strategy: The contribution of all communities, large and small, in planning for and making decisions about the future is facilitated and recognised.

Priority: Ensure all major projects and strategies are informed through community and stakeholder consultation which is guided by Council’s Community Consultation framework and where relevant, appropriate advisory committees and/or mechanisms.

Motion:

That:

1. Council note the contents of the report

2. The Donald Recreation Reserve Master Plan be amended to reflect the decision by the Donald Recreation Reserve Committee to support the provision of an additional stand alone facility for the Donald Hockey Club on the Reserve

3. Council staff continues to liaise with the Donald Hockey Club and Donald Recreation Reserve Committee on the proposed development.

4. The Donald Hockey Club and Donald Recreation Reserve be advised that Council is not at this point in time prepared to support an application for funding for this project to the State Government’s Putting Local’s First funding program on the basis that has not been identified as a priority compared to other projects already listed on Council’s Forward Capital Works Program.

5. Write to Donald Recreation Reserve Committee requesting the Committee review priorities in the Donald Recreation Reserve Master Plan and advise of any changes.

Moved: Cr Ellen White

Seconded: Cr Leo Tellefson

Carried.

1. Executive Summary

The Donald Recreation Reserve Master Plan prepared n 2011 identified as a high priority the rectification/improvement of the Jeffcott Cricket Pavilion and toilets to become a dual Hockey and Cricket club room.

Upon meeting Donald Hockey Club representatives in December 2011 to begin the facilitation of planning for this project, the club members highlighted proximity to the Hockey Ground as an important issue and indicated their desire for a facility of their own, in close proximity to the ground and providing toilet/change and kitchen facilities.

2. Discussion

In early June 2012, a meeting was arranged with a DPCD representative, the Hockey Club, representatives of the Bendigo Bank (Donald and Bendigo) and Members of the Donald A & P Society.

The DPCD representative recommended the Club look to the RDV’s Putting Locals First Funding program to enable the project to go forward. The A & P Society also indicated their interest in sharing the facility with the Hockey Club.

On 28 October 2012, an enquiry into the required statutory permissions for a Place of Assembly at the Donald Recreation reserve was received by the Planning Officer.

A letter was sent on 29 October 2012 outlining the planning requirements including design plans. This letter also strongly recommended that another meeting take place between the club and Council’s Recreation Officer given the building proposal is not in keeping with the adopted Master Plan for the reserve.

A planning permit application was submitted on 19 November 2012 with a site plan, elevations and other requirements. The estimated cost of the proposed works was $240,000.

The application was referred to the North Central Catchment Management Authority (NCCMA), who approved it with a minimum height condition, and to the Department of Sustainability and Environment (DSE) who were concerned about Cultural Heritage issues on the site. However, DSE have since issued a letter (26 April 2013) advising no objection to the proposal and proposing no conditions.

On 5 December 2012, Council’s Recreation Officer sent an email to the Chairman of the Donald Recreation Reserve Committee of Management (attached) briefly highlighting the project and requesting formal approval from the Committee for the proposed works on the Reserve and for agreement to amend the Master plan to reflect this.

A response was received on the 6 December 2012 confirming the Committee’s approval for the project and amendment to Master plan on the Donald Recreation Reserve.

A planning permit is now required to be issued within the sixty day statutory time frame.

A building permit is also required for the works and a submission for this has not been made as of 2 May 2013.

Further detailed drawings of the proposed building from a registered building practitioner will be required to ensure compliance with the Building Code before a building permit may be issued. This can be included in the planning permit final letter. The choice of the building surveyor is with the land owner as it will be a council asset. It is proposed the Municipal building surveyor should be the registered building surveyor.

As per the building permit application, a quote of the value of the works will be required.

In recent discussions with the Coordinators of the project, it was identified that at present the Club, with local funding partners has approximately 30% of the proposed project cost and upon approval of planning permit and building permit would seek further funding from other programs, including where possible, Regional Development Victoria’s Putting Local’s First Program. Assuming the cost of the building remains at the estimated the potential call on the Putting Local’s First Program would be $168,000.

Council will need to consider its support under the Putting Local’s First Program alongside other priority projects.

The need for this proposed development has been well documented. The proposal is consistent with the Donald Recreation Reserve Master Plan to the extent that the need for the facility was identified as part of that process, all be it that at different solution was proposed as part of the final Master Plan.

Current priorities for expenditure at the Donald Recreation Reserve are for an upgrade of power supply and implementation of the recommendations from the recent Essential Services Review of facilities at the Reserve. Bringing this project forward potentially delays implementation of these two projects that are essential for the long term development of the Reserve and for public safety.

Construction of a Hockey Pavilion at the Donald Recreation Reserve is currently programmed for consideration in the 2016/17 as part of the Forward Capital Works Program, but could be pushed beyond that year as a result of the lack of availability of the required funds.

The proposal by representatives of RDV that funding for this project be sought from the Putting Locals’ First Program raises a separate matter for Council, how this project is treated in relation to other projects given higher priority in Council’s Forward Capital Works Program. While the worth of the project is not under debate support for funding from Putting Local’s First effectively allows this project to ‘queue jump’ other projects that are of similar importance to other parts of the Shire.

Council needs to consider this project in the context of other proposed capital works projects and the implications associated with re-determining project priorities on an ad hoc basis.

3. Financial Implications

There are no direct financial implications from this report unless Council determines to reassign CapEx priorities to make this project a priority for 2013/14. .

Council staff will continue to work with the committee to gain an understanding of the construction costs and funding options.

When constructed the building will become a Council asset and be included in Council’s asset register, require annual insurance, maintenance and depreciation allocations.

4. Community Consultation

As indicated in the main section of the report, there has been significant consultation with the Donald Hockey Club, project coordinators and Donald Recreation Reserve Committee in the development of this project.

5. Internal Consultation

This report utilises information from Council’s Senior Planning Officer.

Internal consultation on this development has been conducted with the Manager Assets & Infrastructure.

6. Legislative / Policy Implications

All legislative or Policy issues have been addressed through the planning permit stage of the project.

7. Environmental Sustainability

N/A

8. Conflict of Interest Considerations

N/A

9. Conclusion

This project seeks to vary the Donald Recreation Reserve Master Plan and has the support of the Donald Recreation Reserve Committee to alter the Master Plan accordingly.

More work is required on the plans for the proposed building to meet Building Control requirements. The need to address minimum height conditions may add to the cost of the project.

Council also needs to consider funding options for this proposed project. The Donald Hockey Club is fund raising to meet the cost of the project but support is currently required from Council for grant applications. This request needs to be considered in the context of similar requests from other groups across the Shire.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.2.11 Charlton and Donald Flood Study - Funding Submission

Author’s Title: Manager Assets & Infrastructure

Department: Assets and Infrastructure File No: DR/19/05

Attachments:

Nil

Relevance to Council Plan 2009-13

Strategy: Maintaining and improving the condition of our assets to ensure essential services are provided and the community has access to quality public facilities.

Priority: Continue the development and implementation of plans to protect and manage public assets in the Shire for the long-term.

Motion:

That:

1. The Council apply for funding under the Natural Disaster Resilience Grant Scheme for the following projects:

- Construction of stage one of the Donald Levee Bank development – Levees 2 and 3 only (total cost $925,000).

- Development of the detailed design of the proposed Charlton Ring Levee (total cost $250,000).

- Construction of a floodway on the Charlton-St Arnaud Road (total cost $500,000)

2. The Council consider a 10% contribution toward the Donald Levee Bank Development ($92,500) and development of the detailed design work for the proposed Charlton Ring Levee ($25,000) as part of the 2013/14 Council budget preparations.

3. The Council does not financially contribute toward the construction of the proposed floodway on the Charlton-St Arnaud Road as it is a VicRoads owned and controlled asset.

Moved: Cr David Pollard

Seconded: Cr Graeme Milne

Carried.

1. Executive Summary

The Charlton and Donald Flood and Drainage Management Studies, which have been managed by the North Central Catchment Management Authority (NCCMA), are nearing completion.

Both studies have raised a range of structural and non-structural options for flood protection and mitigation.

Funding for further investigation and implementation of the recommendations from the two studies is available through the National Disaster Resilience Grants Scheme (NDRGS). Applications to the Scheme close on 22 May 2013. Grants made under the NDRGS require contributions from State and Local Government.

It is proposed Council make application for grants under the NDRGS but seek a reduction in local contribution on the basis of financial hardship.

2. Discussion

Charlton

The Charlton Flood Study is nearing final completion and at the most recent Steering Committee and subsequent community meeting; it recommended Council consider applying for funding to carry out two of the key structural recommendations of the plan:

· The development of a ring levee around the township at an estimated cost of $5million

· Converting the culverts on the Charlton – St Arnaud Road back to a floodway at an estimated cost of $500,000.

Charlton Flood Study Proposed Works	Estimated Cost
Construction of flood protection levees	$5 million
Increasing the capacity of the St Arnaud Road culverts	$0.5million
*Total Estimated Cost* Benefit Cost Ratio*	*$5.5 million* 0.97

Whilst there is in principle community support for the concept of the levee option, there have been a range of concerns raised regarding the cost, design and location of the final levee. In particular, the proposed levee has the potential to adversely affect a number of rural properties on the outskirts of town. Further work is required to ensure that these adverse impacts can be practically managed.

Additional information is required in order for the community and Council to make a final decision on the levee.

Funds are required to undertake a detailed costing, landholder negotiations and functional design.

The estimated cost to complete the additional design work is $250,000.

It was evident through this consultation that there was significant community desire to increase the capacity of the culverts underneath the Charlton-St Arnaud Road.

Flood modelling undertaken through the development of the Plan has determined that in as little as the 10% AEP flood event, floodwaters as they cannot flow freely into the Avoca River are diverted into Charlton. Another significant benefit of the proposed works is that in larger flood events, such as a repeat of the September 2010 flood event, flooding of properties in the business area of Charlton would be delayed by in the order of 5-8 hours.

The original proposal was to install larger culverts in this location, however due to the magnitude of the flow; culverts would be unable to adequately convey the flow. The construction of a bridge is cost prohibitive, therefore it is proposed to return the waterway crossing to a floodway.

The estimated cost to return the waterway crossing to a floodway is $500,000. Given this is a VicRoads asset, it is not recommended that Council financially contribute toward this project, however Council will apply for the full amount of funding for this project.

Donald

The Donald Flood Study is also nearing final completion and the steering committee have endorsed the recommendation for a series of levees around the township.

Donald Flood Study Proposed Works	Estimated Capital Cost
Construction of four flood protection levees
Levee 1 – Donald Swimming Pool Levee 2 – Donald Township Levee 3 – Johnson Goodwin Aged Care Facility Levee 4 – Elizabeth Street	$350,000 $730,000 $195,000 $230,000
*Total Estimated Cost*	*$1,505,000*
Benefit Cost Ratio	0.74 (0.98 for levees 2&3 only)

Whilst the construction of all four levees is supported by the committee that oversaw the development of the plan, Stage One of the implementation involves design and construction of the two highest priority levees (levee 2 and levee 3).

Extensive community consultation has been undertaken and there is strong community support for the proposed highest priority levees.

The estimated cost of the design and construction of the two levees is $925,000.

Natural Disaster Resilience Grants Scheme (NDRGS)

The NDRGS has recently been announced and is funded by the Australian Government under a National Partnership Agreement with each state and territory.

This program is designed to support projects leading to the following outcomes:

- Reduced risk from the impact of disasters and

- Appropriate emergency management, including volunteer, capability and capacity consistent with the State’s risk profile.

The normal applicant contribution for a project is 50%.

Consideration may be given to approving a project with a lower applicant contribution in cases councils with low financial capacity or other organisations.

Buloke has a low financial capacity and it is proposed that it also argue hardship to reduce its contribution to the Scheme to 10% over the two levee based projects. Hardship is argued on the basis of Council’s current financial position and budget outlook.

Grant applications are due on the 22nd May.

3. Financial Implications

The total cost of the projects recommended by the two Flood Plan studies is as follows:

- Stage one of the Donald Levee Bank development (levees two and three only): $925,000

- Development of the detailed design of the proposed Charlton Ring Levee: $250,000

- Installation of a floodway on the Charlton-St Arnaud Road: $500,000.

It is proposed that Council consider contributing 10% of the costs toward the Donald levee and Charlton design works, totalling $117,500 in the 2013/14 capital budget.

Council will be responsible for the ongoing cost of maintaining the levee.

It is not proposed that Council contribute toward the cost of installing a floodway at the Charlton.

4. Community Consultation

There has been a number of community meetings and other opportunities for residents in the Charlton and Donald districts to be part of these studies. A community based steering committee was developed for each township, who have led the development of these plans

5. Internal Consultation

The North Central Catchment Management Authority has held meetings with Councillors and key council staff throughout the development of both studies, and staff will work together on the development of the funding applications.

6. Legislative / Policy Implications

Nil.

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

Nil.

9. Conclusion

It is recommended that the Council apply for funding under the Natural Disaster Resilience Grant Scheme for the following projects:

- Stage one of the Donald Levee Bank development – Levees 2 and 3 only (total cost $925,000).

- Development of the detailed design of the proposed Charlton Ring Levee (total cost $250,000).

- Installation of a floodway on the Charlton-St Arnaud Road (total cost $500,000)

The Council consider the a 10% contribution to the Donald Levee Bank Development ($92,500) and development of the detailed design work for the proposed Charlton Ring Levee ($25,000) in the 2013/14 Council budget.

The Council does not financially contribute to the proposed floodway on the Charlton-St Arnaud Road as it is a VicRoads owned and controlled asset.

Buloke Shire Council Ordinary Meeting Minutes Wednesday, 8 May 2013

7.3 Financial Reports

7.3.1 Finance Report as at 30 April 2013

Author’s Title: Manager Finance

Department: Finance File No: Rep102013

Attachments:

1 ViewIncome Statement

2 ViewBalance Sheet

3 ViewCapital Budget

Relevance to Council Plan 2009-13

Objective: An organisation that is responsibly governed with a strong emphasis on astute financial and risk management.

Strategy: Ensuring Council is well governed and its finances and risks are managed responsibly.

Priority: Review and renew the long-term financial plan for Council’s financial sustainability.

Motion:

That:

1. The Council receive the Monthly Financial Report which includes the Income statement, Balance sheet and Cash flow.

2. The Council receive the year to date Capital Expenditure Report and note the progress made in meeting the Capital Budget targets.

3. The Council note the variances outlined in the reports provided and note the comments explaining the reasons for these variances.

Moved: Cr Stuart McLean

Seconded: Cr Ellen White

Carried.

1. Executive Summary

This report is prepared in line with the current Council meeting timetable and provides Council with an update on the financial situation of Council as at the end of April 2013.

Comments on variances are based on the revised budget 2012/13 as adopted by Council.

Capital Budget

Capital Budget Classification	Annual Revised Budget	YTD Actual	Variance
Total Non flood Works	7,657,898	3,176,313	4,481.585
Flood Works	12,316,100	1,596,007	10,720,093
Total Budget 2012/13	19,973,998	4,772,320	15,201,678

Capital Budget Progress by Job status	Annual Revised Budget	YTD Actual	Variance

SUMMARY
Completed	1,826,103	1,895,743	(69,640)
Works Completed	1,989,051	598,910	(1,390,141)
Expect Completion	2,238,994	340,141	(1,898,853)
Deferred	75,000	8,837	(66,163)
Rebudgeted	1,528,750	332,681	(1,196,069)
Total Non-Flood Works	7,657,898	3,176,313	4,481,585
Flood Works	12,316,100	1,596,007	10,720,093
Total Budget 2012/13	19,973,998	4,772,320	15,201,678

“Works Completed means works completed and paid for.”

“Works Completed means practical completion but not fully paid as at report date.”

“Expect completion means projected expected to be completed in current Financial year."

“Deferred means project deferred to a later year or abandoned."

" Rebudgeted means that all or part of project rebudgeted for next financial year."

The previous tables above represent a summary of the current status of capital works. The first table represents the progress made on “Flood” and “Non-Flood Related” capital works.

The second table shows the status of jobs and the practical completion status as well as likelihood of completion within the remainder of the year.

Income Statement

	Original Budget	Adopted Revised Budget	Variance	Reforecast Result to End of Year	Variance Forecast to Revised Budget	Variance Forecast to Original Budget
SUMMARY	000’s	000’s	000’s	000’s
Net Surplus / ( Deficit) from Operations)	(4,746)	(4,410)	336	(4,044)	366	702
Net Surplus/( Deficit) from Operations excluding Depreciation	1,691	2,027	336	2,469	442	778

The income statement shows that council still anticipates to meet the revised budget end of year target and based on current forecasts should improve on the result.

2. Discussion

Capital Budget

Capital works of $1.36 Million have been completed in the past month. The Capital Budget report has been extended to provide information as to the likelihood of projects being completed within the current financial year.

The detailed capital report shows that all reseal works have all been completed and that rehabilitation works have been completed on McLoughlan’s Road and Massey Bangerang Road.

It is still expected that the remainder of flood related funding for major flood related road works will be received prior to the end of the year. These funds will be invested and used to fund the ongoing flood repair works program in the 2013/14 financial year.

The report shows that most of the capital projects programmed for 2012/13 are expected to be completed except for major flood road works which will proceed through into the following year.

Projects scheduled for commencement and/or completion in 2012/13 that have been delayed or deferred and are therefore unlikely to be undertaken in the current year are clearly identified..

Income Statement

The year to date operating result is a net deficit of $2.26M after flood related grants have been removed from the operating result.

Management continues to be conscious aware that the Auditor General’s report on the 2011/12 Annual Financial Statements stated that there was uncertainty as to the Shire’s ability to continue as a going concern. Every effort is being made to improve operating results and demonstrate that this situation can be reversed.

The adopted revised budget projected a $4.4M operating deficit for the year. Council is currently $2.1M below this figure. Current projections are for an operating deficit of $4.044M at 30 June 2013.

The adopted revised budget reduced the projected end of year deficit from the original 2012/13 Budget by a projected $0.337M. As a result of further review of income and expenditure there is anticipated to be a positive variance of $0.702M as 30 June 2013 in comparison to the original budget figure.

It is anticipated that $1.0M is expected to be received as an advance payment for the Donald Community Services Centre and this figure is included in current projections.

Expenditure forecast for the total year is forecast to be $23.457M. This is marginally over the original revised budget figure of $23.417M.

It is anticipated that surplus plant items will be sold prior to the end of the year and should realise a net contribution of $0.047M.

Cash Position

The current cash position shows Council with a balance of $3.76 million in cash reserves. This is expected to meet the cash requirements for the next month as claims are made for the substantial flood related road works that are currently being performed.

3. Financial Implications

The financial implications relating to the information contained in this report are outlined within the body of the report.

4. Community Consultation

No Consultation with the community was required in the production of this report.

5. Internal Consultation

Consultation with the various operational managers was undertaken to source information relating to any significant variances.

6. Legislative / Policy Implications

This report is prepared to meet the Legislative requirements related to reporting Council’s financial situation to council.

7. Environmental Sustainability

There are no environmental impacts as a result of the preparation of this report.

8. Conflict of Interest Considerations

There are no matters or recommendations in this report that constitute a conflict of interest.

9. Conclusion

The reporting requirements to report the financial situation of Council as at the end of the previous month and year to date to the end of that period have been met.

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.3.1 Finance Report as at 30 April 2013

Attachment 3 Capital Budget

Project Description	Annual Current Budget	YTD Actuals	YTD Variance	Forecast Comments	Job Status
7800.EI0008 - Works In Progress : Backup Server Replacement	11,700	11,700	0	Completed	Completed
7800.EI0009 - Works In Progress : Councillor Telephones	4,200	5,148	948	Completed	Completed
7800.EI0013 - Works In Progress : Depot UPS Upgrade with SNMP	3,900	2,540	-1,360	Completed	Completed
7800.EI0014 - Works In Progress : Wyche & Birchip Server UPS Replacement	4,800	4,800	0	Completed	Completed
7800.EI0015 - Works In Progress : Mail and Web Marshall Licences Additional	3,250	2,182	-1,068	Completed	Completed
7800.EI0017 - Works In Progress : Exchange 2010 Server Upgrade	23,500	23,180	-320	Completed	Completed
7800.EI0018 - Works In Progress : Windows 2007 Upgrade	17,000	16,650	-350	Completed	Completed
7800.EI0020 - Works In Progress : Install Firebox XTM 510, Live Security & W G Pro	4,150	3,670	-480	Completed	Completed
7800.EI0022 - Works In Progress : Implement Stage 2 of Wireless program	140,000	159,376	19,376	Completed	Completed
7800.EI0023 - Works In Progress : Facilities Booking Software	0	3,970	3,970	Completed	Completed
7800.EI0024 - Works In Progress : Mapinfo Stratus Web-based GIS Solution Software	13,000	26,577	13,577	Product installed, minor refinement work still underway before launch	Completed
7800.EI0025 - Works In Progress : Council Info System	23,210	30,286	7,076	Completed	Completed
7800.EI0026 - Works In Progress : Autonomous Access Points x 2	0	2,810	2,810	Completed	Completed
7800.EI0027 - Works In Progress : Xpedite M & CH Software	0	9,033	9,033	Installation completed. Final invoice ($3,041) to be paid in May 2013	Completed
7800.EI0028 - Works In Progress : Service Connection Councillors	0	7,227	7,227	Project completed- Improved connection for Councillors	Completed
7800.EP0003 - Works In Progress : Small Plant	30,000	18,612	-11,388	On Budget- current review of small plant underway	Completed
7800.EP0008 - Works In Progress : Microphones for Wyche Supper Room	0	2,996	2,996	Completed	Completed
7800.IL0002 - Works In Progress : Landfill Sites New Cells	25,000	25,932	932	Completed	Completed
7800.IO0012 - Works In Progress : Pools All Service Pool Pumps incl. Solar Pumps	4,000	725	-3,275	Completed	Completed
7800.IO0014 - Works In Progress : Birchip Replace Pool Pump	7,500	8,022	522	Completed	Completed
7800.IO0015 - Works In Progress : Birchip Pool Replace ladders	4,800	5,279	479	Completed	Completed
7800.IO0016 - Works In Progress : Charlton Pool Leak Reduction Works Stage 1	40,000	13,175	-26,825	Completed	Completed
7800.IO0017 - Works In Progress : Pools Charlton,Wyche & Birchip Foot Valves	8,000	4,255	-3,745	Completed	Completed
7800.IO0018 - Works In Progress : Charlton Pool Plant Pipe Work, including Filters	40,000	32,089	-7,911	Completed	Completed
7800.IO0019 - Works In Progress : Pools Donald and Charlton Disinfectant Upgrade	70,000	46,240	-23,760	Completed	Completed
7800.IO0021 - Works In Progress : Watchem Pool Replace Ladders	4,800	3,292	-1,508	Completed	Completed
7800.IO0022 - Works In Progress : Wycheproof Toddler Pool Drainage Line & Impr Circu	1,500	300	-1,200	Completed	Completed
7800.IO0024 - Works In Progress : Birchip Pool Leak Reduction Works Stage 1	50,000	32,677	-17,323	Completed	Completed
7800.IO0025 - Works In Progress : Pools All Replace Flow Switches	8,000	5,870	-2,130	Completed	Completed
7800.IO0033 - Works In Progress : Birchip Pool Plant Pipe Work	20,000	20,897	897	Completed	Completed
7800.IO0035 - Works In Progress : Wycheproof Netball Courts Upgrade : MH4396	0	7,564	7,564	Completed	Completed
7800.IO0036 - Works In Progress : Donald Pool Replace Sand Filter	0	32,545	32,545	Completed	Completed
7800.IR0004 - Works In Progress : Resheet Jeruk River Rd (end of seal) Rebudget	22,663	20,831	-1,832	Completed	Completed
7800.IR0005 - Works In Progress : Resheet River Rd (end of seal to start of seal)	26,090	24,733	-1,357	Completed	Completed
7800.IR0006 - Works In Progress : Resheet Galaquil Rd (Surface chg to Rapunyap Rd)	35,000	31,984	-3,016	Completed	Completed
7800.IR0007 - Works In Progress : Resheet Brennans Rd (Downes Rd to Ryand Rd)	42,107	24,182	-17,925	Completed	Completed
7800.IR0008 - Works In Progress : Resheet Ingrams Rd (Culgoa Ultima to Curtis Rds)	156,650	167,069	10,419	Completed	Completed
7800.IR0009 - Works In Progress : Resheet Richards Rd (Langs Rd to Scrubbery Lane)	0	16,857	16,857	Completed	Completed

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.3.1 Finance Report as at 30 April 2013

Attachment 3 Capital Budget

Project Description	Annual Current Budget	YTD Actuals	YTD Variance	Forecast Comments	Job Status
7800.IR6001 - Works In Progress : Dumosa Birchip Road (Seal&Segment) (3257 12925)	291,630	284,577	-7,053	Completed	Completed
7800.IR7001 - Works In Progress : Reseal Wycheproof Calder Hwy S/R (0410m)	48,275	0	-48,275	Completed	Completed
7800.IR9004 - Works In Progress : Rehab - Watchupga Culgoa Road	176,000	188,209	12,209	Completed	Completed
7800.MA1101 - Works In Progress : District Offices - O H & S Essentials	0	41	41	Completed	Completed
7800.MH4286 - Works In Progress : Wyche Mens Shed-Toilet Upgrade	0	90	90	Completed	Completed
7800.MH4309 - Works In Progress : Wycheproof Hall Solar Panels	0	-5,000	-5,000	Completed	Completed
7800.MH4395 - Works In Progress : Donald Blueroom-Fire	0	7,250	7,250	Completed	Completed
7800.MH4396 - Works In Progress : Wycheproof Netball Courts Upgrade	0	4,463	4,463	Completed	Completed
7800.ML6606 - Works In Progress : Shoulder Resheets-Dumosa Birchip Rd (Dumosa Birchi	0	22,094	22,094	Completed	Completed
7800.MX0501 - Works In Progress : Flood Repairs-Redevelopment of Charlton Office	0	3,638	3,638	Completed	Completed
7800.MX0512 - Works In Progress : Flood Repairs-Charlton Netball/Hockey Rooms	0	9,945	9,945	Completed	Completed
7800.MX0513 - Works In Progress : Flood Repairs-Charlton Netball Courts	105,000	163,066	58,066	Completed	Flood Works
7800.MX0537 - Works In Progress : Flood Repairs - Charlton Driver Education Centre	0	49,258	49,258	Completed	Completed
7800.BB0015 - Works In Progress : Depot Sea Lake Upgrade staff amenities	60,000	102,503	42,503	Completed	Completed
7800.BB0016 - Works In Progress : Depots OH&S Essentials	10,000	11,282	1,282	Completed	Completed
7800.IF0004 - Works In Progress : Footpaths Donald Willow Court, (100m)	16,500	12,276	-4,224	Works completed. Outstanding Invoices	Works Completed
7800.IK0009 - Works In Progress : Kerb & Ch-Best St (Railway Ave Horace St) ML8033	57,500	27,750	-29,750	Variance was expended to ML 8033- Awaiting final invoice	Works Completed
7800.EI0029 - Works In Progress : BIS Long Term Planning Software	0	9,000	9,000	First Stage Completed Second stage projected in May	Works Completed
7800.IR7002 - Works In Progress : Reseal Wycheproof Camp Street (370m492m)	8,889	1,096	-7,793	Works Completed	Works Completed
7800.IR7003 - Works In Progress : Reseal Charles Street (255m 396m)	3,797	1,235	-2,562	Works Completed	Works Completed
7800.IR7004 - Works In Progress : Reseal Corack Road Birchip (0240m)	16,041	0	-16,041	Works Completed	Works Completed
7800.IR7005 - Works In Progress : Reseal Corack Road Birchip (240m 328m)	1,766	0	-1,766	Works Completed	Works Completed
7800.IR7006 - Works In Progress : Reseal Crescent Road (0466m)	12,302	0	-12,302	Works Completed	Works Completed
7800.IR7007 - Works In Progress : Reseal Cumming Avenue SBCW (0170m)	3,411	0	-3,411	Works Completed	Works Completed
7800.IR7008 - Works In Progress : Reseal Grenfell St (0101m)	3,075	0	-3,075	Works Completed	Works Completed
7800.IR7009 - Works In Progress : Reseal Hoban St (298m 373)	2,416	0	-2,416	Works Completed	Works Completed
7800.IR7010 - Works In Progress : Reseal Hoban St South (231m 261m)	1,014	0	-1,014	Works Completed	Works Completed
7800.IR7011 - Works In Progress : Reseal Industrial Dr (315m 913m)	12,159	0	-12,159	Works Completed	Works Completed
7800.IR7012 - Works In Progress : Reseal Industrial Estate Road (0177m)	10,280	0	-10,280	Works Completed	Works Completed
7800.IR7013 - Works In Progress : Reseal Industrial Estate Courts (0168m)	15,612	0	-15,612	Works Completed	Works Completed
7800.IR7014 - Works In Progress : Reseal Jil Jil Rd (1500m 2480)	29,494	2,707	-26,787	Works Completed	Works Completed
7800.IR7015 - Works In Progress : Reseal Jil Jil Road (01500m)	32,947	0	-32,947	Works Completed	Works Completed
7800.IR7016 - Works In Progress : Reseal Main St, West side Culgoa (0203m)	5,359	0	-5,359	Works Completed	Works Completed
7800.IR7017 - Works In Progress : Reseal Marbled Curyo Rd (1075m 2180m)	29,172	0	-29,172	Works Completed	Works Completed
7800.IR7018 - Works In Progress : Reseal Massey Banegrang Rd (2540m 3720m)	31,152	0	-31,152	Works Completed	Works Completed
7800.IR7019 - Works In Progress : Reseal McKenzie St (0293m)	11,273	0	-11,273	Works Completed	Works Completed
7800.IR7020 - Works In Progress : Reseal Mildura Way (514m 639m)	1,074	0	-1,074	Works Completed	Works Completed
7800.IR7021 - Works In Progress : Reseal Morrison St (690m 832m)	4,316	0	-4,316	Works Completed	Works Completed
7800.IR7022 - Works In Progress : Reseal Morrison St (112m 222m)	5,808	961	-4,847	Works Completed	Works Completed
7800.IR7023 - Works In Progress : Reseal Queen St (0111m)	2,247	3,240	993	Works Completed	Works Completed
7800.IR7024 - Works In Progress : Reseal Simpson Street (0100m)	2,742	721	-2,021	Works Completed	Works Completed

Buloke Shire Council Ordinary Meeting Wednesday, 8 May 2013

7.3.1 Finance Report as at 30 April 2013

Attachment 3 Capital Budget

Project Description	Annual Current Budget	YTD Actuals	YTD Variance	Forecast Comments	Job Status
7800.IR7025 - Works In Progress : Reseal Stahl Street (0114m)	5,598	240	-5,358	Works Completed	Works Completed
7800.IR7026 - Works In Progress : Reseal Sutcliff Street (1037m 1144m)	3,010	0	-3,010	Works Completed	Works Completed
7800.IR7027 - Works In Progress : Reseal Todd Rd (2330m 2408m)	6,178	0	-6,178	Works Completed	Works Completed
7800.IR7028 - Works In Progress : Reseal Watchupga Culgoa Road (7290m 10140m)	75,240	0	-75,240	Works Completed	Works Completed
7800.IR7029 - Works In Progress : Reseal Watchupga Culgoa Road (34165m 34900m)	19,404	0	-19,404	Works Completed	Works Completed
7800.IR7030 - Works In Progress : Reseal Willangie Woomelang Rd (0 1860m)	68,746	0	-68,746	Works Completed	Works Completed
7800.IR7031 - Works In Progress : Reseal Willangie Woomelang Rd (1860 3230m)	41,232	2,524	-38,708	Works Completed	Works Completed
7800.IR7032 - Works In Progress : Reseal Willangie Woomelang Rd (4300m 5240m)	18,852	2,386	-16,466	Works Completed	Works Completed
7800.IR7033 - Works In Progress : Reseal Wilkur Watchupga Road (11165m 12045m)	22,190	1,082	-21,108	Works Completed	Works Completed
7800.IR7034 - Works In Progress : Reseal Wilkur Watchupga Rd (9530m 10550m)	26,928	0	-26,928	Works Completed	Works Completed
7800.IR7035 - Works In Progress : Reseal Industrial Estate Courts (168m 300m)	27,878	0	-27,878	Works Completed	Works Completed
7800.IR7036 - Works In Progress : Reseal Clifton St Turn Slot Birchip (0111m)	5,635	1,492	-4,143	Works Completed	Works Completed
7800.IR7037 - Works In Progress : Reseal Willangie Woomelang Road (3230m 4300m)	62,711	2,883	-59,828	Works Completed	Works Completed
7800.IR7038 - Works In Progress : Reseal Hoban Street (016m)	313	0	-313	Works Completed	Works Completed
7800.IR7039 - Works In Progress : Reseal Clifton St Turn Slot Birchip (111m 223m)	3,089	0	-3,089	Works Completed	Works Completed
7800.IR7040 - Works In Progress : Reseal Wilkur Watchupga Road (20850m 22220m)	37,615	1,082	-36,533	Works Completed	Works Completed
7800.IR7041 - Works In Progress : Reseal Sutcliff Street (692m 921m)	4,836	2,043	-2,793	Works Completed	Works Completed
7800.IR7042 - Works In Progress : Reseal Seven Mile Rd Charlton	90,000	672	-89,328	Works Completed	Works Completed
7800.IR9001 - Works In Progress : Rehab McLoughlan Road (2295 4320)	410,500	27,301	-383,199	Works Completed	Works Completed
7800.IR9002 - Works In Progress : Rehab Massey Bangerang Road (4920 6610)	500,250	478,854	-21,396	Works Completed	Works Completed
7800.IR9003 - Works In Progress : Rehab McLoughlan Road (0 1025)	226,500	17,545	-208,955	Works Completed	Works Completed
7800.BB0003 - Works In Progress : Charlton Kindergarten Office	12,000	1,820	-10,180	Works Completed	Works Completed
7800.BB0005 - Works In Progress : Charlton Bowls Club Replace Roof	21,000	316	-20,684	Project contract awarded- to commence in April	Expect Completion
7800.BB0006 - Works In Progress : Charlton Golden Grains Museum Replace Roof	19,000	243	-18,757	Committee have received external funding for the roof- no Council contribution required.	Expect Completion
7800.BB0007 - Works In Progress : Charlton Hall Paint Internally	10,000	5,886	-4,114	Works commenced	Expect Completion
7800.BB0011 - Works In Progress : Wycheproof Recreation Reserve Kitchen Upgrade	90,000	8,543	-81,457	Awaiting quotations, project to commence in April	Expect Completion
7800.BB0014 - Works In Progress : Wycheproof Court House Paint Externally	8,000	0	-8,000	Project to commence in May	Expect Completion
7800.EP0006 - Works In Progress : Pools Charlton,Wychep & Birchip Pools Lane Ropes	4,000	0	-4,000	Project yet to commence	Expect Completion
7800.IF0005 - Works In Progress : Footpaths Birchip Cumming Avenue, (160m)	53,000	0	-53,000	Works Commenced	Expect Completion
7800.IO0007 - Works In Progress : Watchem Pool Install Sprinkler System	1,200	0	-1,200	Project yet to commence	Expect Completion
7800.IO0010 - Works In Progress : Saleyards Seal Lane Ways (Stage Two)	25,000	7,702	-17,298	Works Commenced	Expect Completion
7800.IO0013 - Works In Progress : Berriwillock Relocation Fencing at Toddler Pool	1,500	0	-1,500	Project yet to commence	Expect Completion
7800.IO0020 - Works In Progress : Sea Lake Pool Liner and Hydraulic Upgrade	300,000	15,999	-284,001	Contract let - works progressing	Expect Completion
7800.IO0028 - Works In Progress : Wycheproof Centennial Park Shade Structures	47,000	3,050	-43,950	Project scope to be reviewed in conjunction with overall structural condition of building.	Expect Completion

[1] Published by the Department of Primary Industry Victoria

PROPERTY/PROJECT	DATE	EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH
Capital Funding Agreement for the promotion and assistance for the establishment of Early Childhood Services Facilities in the Donald Community		The State of Victoria as represented by the Department of Education and Early Childhood Development

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
466/12	Ferguson PerrySurevying	30 Ellenwood Ave, Charlton	30/08/2012	4 Lot Subdivision	Further Info requested
478/12	J McConville	45 Hammil St, Donald	21/11/2012	Use and development of Place of Assembly	Referral
488/13	L Osborne	941 Yeungroon – Coonooer Rd, Yeungroon	11/01/2013	Wind energy facility	Objections
495/13	Price Merrett Consulting	519 Marlbed – Curyo Rd, Marlbed	18/02/2013	Two Lot Subdivision	Council report
496/13	J Smith	1 Lockwood St, Birchip	22/03/2013	Change of Use	Notice of Application
499/13	J Walkerden	1562 Donald – Swan Hill Rd, Corack	10/04/2013	Change of Use	Referral
500/13	K Black	53 Golf Links Road, Charlton	16/04/2013	Use of Rural Industry	Notice of Application

Date	Permit No.	Applicant	Address and Project
15.4.13	497/13	Peter Jolly 22 Campbell Street Birchip Vic 3483	Lot 1 TP 188 369 Parish of Karyrie Known as 1 Saleyards Road, Birchip Use and development of a Rural Store
12.4.13	386/11 A	Buloke Shire Council P O Box 1 Wycheproof Vic 3527	Lot 3 PS 005413, Parish of Charlton East. Known as 17 Watson Street, Charlton Use of a temporary, relocatable office building
15.4.13	498/13	Price Merrett Consulting on behalf of: Baade Harbour Australia P O Box 1172 Swan Hill Vic 3585	CA 1, 3, 4 (pt), 7 (Pt) Section 2 and C A 1, 2, 3 (Pt) Section A Parish of Charlton East Known as 4 Learmonth Street, Charlton Remove a carriageway easement

Date	Cert No.	Applicant	Address and Project
Nil.

Provider	Recipient	Date	Purpose for Recognition
Australian Blind Bowls Championships in Mooroolbark	Mr Ralph Simpson Sea Lake		Winning Silver Medals in Singles, Pairs and Mixed Pairs against the vision impaired bowlers from all over the country. Also will be part of the Australian team of 8 to compete in World Blind Bowls Titles in the United Kingdom.
Buloke Shire Council	Charlton and Donald 150 Year Back to Committees		To recognise and congratulate both Committees for their initiation and tremendous organisation to achieve such well attended and successful “Back To 150 Year” celebrations in their respective districts.
Buloke Shire Council	Lachlan Watts and Simon Paterson Ex Charlton Residents		To recognise their achievement of having just completed rowing the English Channel in rather ordinary conditions to raise more than $100,000 for “Save the Children” Foundation.

Policy Location	Community Services
Policy Title	Aged & Disability Services
Policy No	CSAD1	Date developed	1 April 2013
Revision No		Revision Date	1 April 2016

Financial Statement	Original Budget	Annual Current Budget	Apr YTD Actuals	May MTH Forecast	Jun MTH Forecast	Total Actual Reforecast	Reforecast Variance Remainder of Yr April
105 - Rates and Charges	9,941	9,940	9,865	0	0	9,865	(75)
110 - Statutory Fees and Fines	62	122	104	4	4	112	(10)
115 - User Fees	790	845	577	85	56	718	(127)
120 - Capital Grants	3,962	3,962	3,590	723	1,116	5,429	1,467
125 - Operating Grants	3,050	3,170	2,373	0	0	2,373	(797)
130 - Contributions - Cash	249	286	243	0	120	363	77
145 - Gain on Disposal of Assets	200	200	(27)	47	0	20	(180)
150 - Share of Profit / Loss in Assoc.	10	10	0	0	10	10	0
155 - Other Income	187	263	340	8	30	378	115
160 - Interest Income	490	209	119	11	15	145	(64)
Total Income	18,941	19,007	17,184	878	1,351	19,413	406
205 - Employee Benefits	10,303	9,770	8,352	794	1,102	10,248	478
210 - Materials and Services	6,326	6,214	4,921	430	461	5,812	(402)
215 - Bad and Doubtful debts	20	12	0	5	0	5	(7)
220 - Depreciation and Amortisation	6,437	6,437	5,433	540	540	6,513	76
225 - Finance Costs	57	50	19	0	0	19	(31)
230 - Other Expenses	544	934	721	55	84	860	(74)
Total Expenses	23,687	23,417	19,446	1,824	2,187	23,457	40
Net Surplus (Deficit)	(4,746)	(4,410)	(2,262)	(946)	(836)	(4,044)	366
Capital Flood Grants	35,140	35,140	4,500	0	30,640	35,140	0
Total	30,394	30,731	2,239	(946)	29,805	31,097	365

Capital Areas / Flood and Non Flood Related	Annual Revised Budget	YTD Actual	Variance
Total Non flood Works	7,657,898	3,176,313	4,481,585
Flood Works	12,316,100	1,596,007	10,720,093
Total Budget 2012/13	19,973,998	4,772,320	15,201,678