Ordinary Council Meeting

 Minutes

Wednesday 10 July 2013

Commencing at 7.00pm

 

Wycheproof Supper Room

367 Broadway, Wycheproof

 

 

Warwick Heine

Chief Executive Officer

Buloke Shire Council


Buloke Shire Council Ordinary Meeting Minutes                                     Wednesday, 10 July 2013

Minutes of the Ordinary Meeting held on Wednesday, 10 July 2013 commencing at 7.00pm in the Wycheproof Supper Room, 367 Broadway, Wycheproof

PRESENT

CHAIRPERSON:

Cr Reid Mather                                Mallee Ward

 

COUNCILLORS:

Cr Ellen White                                  Mallee Ward

Cr David Pollard                              Lower Avoca Ward 

Cr Stuart McLean                            Lower Avoca Ward

Cr Graeme Milne                             Mount Jeffcott Ward

Cr Leo Tellefson                              Mount Jeffcott Ward

Cr Gail Sharp                                   Mount Jeffcott Ward

OFFICERS:

Mr Warwick Heine                           Chief Executive Officer

Ms Gaynor Doreian                         Manager Works & Corporate Services

Mr Anthony Judd                             Manager Assets and Infrastructure

Mr Bill Keane                                   Manager Community Services

Mr Bill Ryan                                     Manager Finance

 

AGENDA

1.       COUNCIL prayer AND WELCOME

The Mayor Cr Reid Mather read the Council Prayer and welcomed members of the gallery.

We acknowledge the traditional owners of the land on which we are meeting.   We pay our respects to their Elders and to the Elders from other communities who maybe here today.

2.       RECEIPT OF APOLOGIES  

3.       CONFIRMATION OF MINUTES OF PREVIOUS MEETING  

Motion:

That Council adopt the Minutes of the Ordinary Meeting held on Wednesday, 12 June 2013.

 

Moved:             Cr Graeme Milne

Seconded:      Cr Stuart McLean

Carried.

4.       REQUESTS FOR LEAVE OF ABSENCE 

5.       DECLARATION of PECUNIARY AND conflictS of interest

Cr McLean declared an indirect interest in Item 7.2.3 on the basis that he is Deputy Chair of the Regional Development Australia Loddon Mallee Committee.

Cr McLean declared an indirect interest in Item 7.2.8 on the basis that he is Deputy Chair of the Regional Development Australia Loddon Mallee Committee.

6....... Procedural Items

6.1      Council Approval for use of Council Seal  5

6.2      Report of Assembly of Councillors Meetings  6

6.3      Building Permits - Monthly Update  45

6.4      Planning Applications Received - Monthly Update  47

6.5      Planning Applications Approved By Chief Executive Officer  48

6.6      Road Opening Permits - Monthly Report  50

6.7      Letters of Congratulations and Recognition of Achievement/Awards  51

6.8      Local Law Permits - Monthly Report  52

7....... General Business

7.1      Policy Reports   53

7.1.1  Financial Reporting Compliance Policy  53

7.2      Management Reports   60

7.2.1  Nandaly Landfill - Closure and Rehabilitation  60

7.2.2  Permission To Seek Authorisation From The Minister To Prepare Buloke Planning Scheme Amendment C19 – Replacement Municipal Strategic Statement and Deletion of Four Local Planning Policies  105

7.2.3  Nullawil Community Complex Kitchen Upgrade  126

7.2.4  Contract C10 - 2012/13 - Bituminous Surfacing  129

7.2.5  Vic Roads Agency Agreement  132

7.2.6  Review of S86 Committees  202

7.2.7  Buloke Shire Road Safety Plan 2013-2017  240

7.2.8  Regional Development Australia Fund - Round 5  279

7.2.9  Community (Amendment) Local Law 13, 2013  289

7.2.10Audit Advisory Committee - Appointment of Chair  295

7.3      Financial Reports   298

7.3.1  Finance Report as at 30 June 2013  298

8....... REPORTS FROM COUNCILLORS

8.1      Delegate Reports   323

8.2      Activity Reports   324

8.3      Report from the Mayor   324

9....... OTHER BUSINESS

9.1      Petitions   325

9.1.1Petition - Safety and Increased Traffic Flow in Woods Street Donald  325

9.2      Notices of Motion   329

9.3      Questions from Councillors   329

9.3.1  Regional Victorian Living Expo - Information/Feedback to Councillors (Cr Graeme Milne)  (ED/08/07) 329

9.3.2  Road Management Plan - Maintenance of Roads for Businesses (Cr Ellen White)  (RO/15/01) 329

9.4     Questions from the Public   329

9.4.1  Council Submission - Proposed State Electoral Districts (DO/03/01) 329

9.5      Any Other Procedural Matter   329

9.6      Urgent Business   329

10..... MATTERS THAT MAY EXCLUDE THE PUBLIC

11..... ANY OTHER BUSINESS

12..... MEETING CLOSE

 

NEXT MEETING

The next Ordinary Meeting of Council will be held in Wycheproof Supper Room, 367 Broadway, Wycheproof on Wednesday, 14 August 2013 at 7.00pm.

 

WARWICK HEINE

CHIEF EXECUTIVE OFFICER


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.          Procedural Items

6.1       Council Approval for use of Council Seal

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: Nil

Attachments:

Nil

 

 

Motion:

 

That Council approval be granted to the Chief Executive Officer to execute the items as listed below.

 

Moved:             Cr Leo Tellefson

Seconded:      Cr David Pollard

Carried.

 

1.       Executive Summary

Council approval is required for the use of the Council Seal on the items as listed below.

 

2.       Properties Being Sold By Buloke Shire Council

PROPERTY

DATE

PURCHASER DETAILS

Nil.

 

 

 

3.       Properties Being Purchased By Buloke Shire Council

PROPERTY

DATE

VENDOR DETAILS

Nil.

 

 

 

4.       Sale Of Land Pursuant To Section 181 Of The Local Government Act 1989

Nil.

 

5.       Consultation (Internal/External)

Council as required has given public notice of its intention to conduct the sale, or carry out the transfers of the above properties as listed.

 

6.       Agreements/Leases

PROPERTY/PROJECT

DATE

EXTERNAL PERSON OR ORGANISATION AGREEMENT IS WITH

Term Schedule - Offer of Finance for Fixed Rate Loan of $1,550,000 to Buloke Shire Council 

 

Commonwealth Bank

 

6.2       Report of Assembly of Councillors Meetings

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: GO/05/04

Attachments:

1       ViewReport of Assembly Meeting - 11 June 2013

2       ViewReport of Assembly Meeting - 26 June 2013

 

 

 

Motion:

 

That the Council note the report of Assembly of Councillor Meetings held on 11 June and 26 June 2013. 

 

Moved:             Cr Stuart McLean

Seconded:      Cr Ellen White

Carried.

 

1.       Key Points/Issues

The Local Government Act 1989 (the Act) provides that a record must be kept of any Meeting of Councillors and Staff deemed to be an Assembly of Councillors Meeting as defined in the Act.

An Assembly of Councillors Meeting is defined in the Act as a meeting of Councillors if the meeting considers matters that are likely to be the subject of a Council decision or the exercise of delegation and the meeting is:

A planned or scheduled meeting that includes at least half of the Councillors and a member of Council Staff; or

An Advisory Committee of the Council where one or more Councillors are present.

The Act also provides that the record of any Assembly of Councillors is to be reported to the next practicable Council Meeting and recorded in the Minutes.

A record of the Assembly of Councillors Meetings held on 11 June and 26 June 2013 are attached.

 


Buloke Shire Council Ordinary Meeting Minutes                                                               Wednesday, 10 July 2013

6.2                   Report of Assembly of Councillors Meetings

Attachment 1    Report of Assembly Meeting - 11 June 2013

 

                                                                                                                                                                                                                                           

BULOKE

SHIRE COUNCIL

 

RECORD OF ASSEMBLY OF COUNCIL MEETING

 

 Meeting held at 5.05pm Tuesday 11 June 2013 at the Birchip District Office

 

Present:

 

Councillors:

Cr Tellefson, Cr Sharp, Cr Mather, 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) and Jess Lysaght (Senior Planner)

 

 

Members of the Community:

Kerry Anderson (Loddon Mallee Community Leadership Program) (from 5.30pm to 6.03pm) and John Harley (Charlton 2020 Committee) (from 6.03pm until 6.21pm)

 

Apologies:

Cr Pollard, Gaynor Doreian (Manager Works and Corporate Services); Warren Hemopo (Manager Reconstruction) and Bill Ryan (Manager Finance)

 

Disclosure of Interests:

Cr Mather advised the meeting that he had been appointed to the position of Executive Officer of the Rail Alliance.

 

Cr Mather declared an indirect interest in Item 16d on the basis of his position as Executive Officer of the Rail Alliance.

 

Cr White declared an indirect interest in Item 16h on the basis that she was a member of the Regional Steering Group for the Agrifoods Project.

 

 Cr Mather took the Chair

 

MATTERS DISCUSSED

 

1.   Presentations

 

1.1  Volunteering in the 21st Century

Kerry Anderson (Loddon Mallee Community Leadership Program) made a presentation on progress with the Volunteering in the 21st Century Project funded by Council. 

 

1.2  Charlton Community Complex

John Harley (Charlton 2020 Committee) briefed the Council on progress with the development of construction plans for the proposed new project and actions being taken at a community level to raise funds towards the construction.

 

1.3  Economic Development Strategy

 Jess Lysaght tabled a draft framework for the Economic Development Strategy and sought feedback from Councillors.

 

 

 

2.   Councillor Reports

Nil

 

3.   CEO and Senior Management Team Reports

a.  Legal

The Chief Executive Officer reported on the following legal matters:

            i) George Gould Units

ii) Hamilton Street, Sea Lake

iii) Alexander Street

iv)  Building Control Matters

·      Charlton – Addition to Shop.

·      Charlton – Shed and associated buildings.

·      Nandaly – Storage shed 

·      Birchip – Storage shed

·      Charlton – Re-erect a dwelling.

·      Jill Jill – Re-erection of a dwelling.

·      Wycheproof – Addition to dwelling.

·      Birchip – Addition to shop

·      Birchip – Addition to dwelling.

·      Charlton – Addition to office.

·      Sea Lake – Warehouse.

·      Sea Lake – Dangerous veranda.

·      Berriwillock – Dangerous veranda.

·      Nullawil – Illegal building.

·      Donald – Addition to dwelling.

·      Berriwillock – Amenities building additional to shed

·      Birchip – Illegal shed in township

·      Donald – Dangerous facades.

·      Charlton – Addition to building

·      Donald Archives

v)  Local Laws/Planning – Charlton resident in breach of Local Law Permit and Planning Permit   conditions

vi) FoI Requests

Access to Personnel Records

Access to Property File 

4.   Risk

 

i)   Public Risk Incidents

 The Chief Executive Officer reported on the following public risk incidents:

1)   Sea Lake (2012) – trip

2)   Sea Lake (2012) – trip

3)   Donald (2012) – fallen branch

4)   Buckrabanyule (2012) – cattle on road.   

5)   Birchip (2012) – trip  

6)   Culgoa (2012) – fallen branch

7)   Donald (2012) – fall.

8)   Donald (February) – trip

9)   Charlton (March) – dog attack.

10)  Sea Lake (March) – trip

11)  Sea Lake (April) – unregistered dogs

12)  Donald (April) – trip.

13)  Donald (April) – dog rush

14)  Yuengroon (May) – sheep on road

15)  Charlton (May) – rubbish on nature strip

16)  Donald (May) – rubbish on nature strip.

17)  Charlton (May) – footpath obstruction 

18)  Corack East (June) – dumped rubbish

19)  Birchip (June) – break-in - Birchip Pool

.    

ii)  Risk Register

·   A review of risk likelihood, consequence and residual risk following mitigation was undertaken following the Audit Advisory Committee meeting held on 22 February 2013. The changes were agreed by the Committee at the 17 May meeting.

·   Updated register available for review on Dashboard.

 

iii) Staff Incident Reports

1)  Culgoa - (May) – Equipment damage

2)  Watchem (May) – Equipment damage

 

3)  Charlton – (May) – Cut

4)  Charlton - (May) – Trip  

 

5.   WorkSafe

 

1)   * Q Fever Immunisation - WorkSafe have advised of new requirements for all staff handling dead animals (removal from roadside etc.) to be immunised against Q Fever or for additional PPE to be issued to reduce potential for infection.            

      

6.   Insurance

 

1)   No matters.

 

7.   Governance

          

·   Council Plan 2013-2017 – Draft Plan at pre-publication stage.

 

·  Code of Conduct for StaffDraft Staff Code prepared and currently being reviewed.

 

·  Ordinary Meetings of Council – Progress of Actions from Minutes

 

Meeting Reference

Item

Action

Progress

 

Saleyards Precinct Local Law No.14 of 2013

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.

1. Public advertisement placed in local newspapers.

2. proposed Local Law published in Government Gazette

3. Proposed Local Law on public exhibition and on Council website.

 

Wooroonook Lake Committee of Management Responsibilities

 

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.

 

1. Waterways Rules being drafted

2. Report from Transport Safety Victoria yet to be received.

 

Calder Highway Improvement Committee

 

1. The Council note the report.

2. Provide a letter of support to the Calder Highway Improvement Committee for their submission to Infrastructure Australia.

Letter prepared and sent

 

Exercise of Lease Option - Automatic Weather Station, Charlton Landfill

1. Council write to DTZ Real Estate Services (Vic) Pty Ltd, who represents the Commonwealth Bureau of Meteorology, confirming that Council have received notice of and agrees to the Bureau of Meteorology formally exercising the option to renew for a further 10 year period, from 16 July 2013 to 15 July 2023.

2. Council gives Public Notice of its intention to continue the lease with the Commonwealth of Australia, represented by the Bureau of Meteorology, pursuant to the exercise of the option to renew.

3. That the Public Notice disclose the following:

(a) References to Section 190 (restriction on power to lease land) and Section 223 (right to make a submission);

(b) The location of the property, including Certificate of Title details;

(c) The use of the Land

(d) The rent to be paid pursuant to the current Lease terms;

(e) The independent annual market rental valuation received for the land;

(f)  The reason the current Lease is below the independent market rental valuation is because:

i.    This was arrangement agreed to in the original lease negotiations and was the amount set in that agreement;

ii.   The Automatic Weather Station installed on the site is necessary in order to obtain data necessary for the Bureau of Meteorology’s functions under the Meteorology Act 1955 (Commonwealth);

iii.  The Bureau of Meteorology is established as a national meteorological agency to perform its functions under the Meteorology Act 1955 (Commonwealth) in the public interest; and

iv. The site produces data relevant to agricultural data users, and is of value to primary producers in the Shire.

(g) The commencement and end of the submission period;

(h)  How submissions can be made;

(i) That persons making a submission is entitled to request that they be heard in support of their submission and are entitled to appear in person; and

(j) Contact details for a Council representative if further information is required.

4. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 (Cth) be 30 days from the date of the placement of the necessary advertisements.

5. That the advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.

1. Proposed lease advertised

Ordinary Meeting 10 April 2013

Community Local Law (Amendment) No 13 of 2013

 

1. Council proposes to make the Community (Amendment) Local Law No.13 of 2013.

2. Give notice of its intention to make the Community (Amendment) Local Law No.13 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. 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. 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. Invite submissions on the Community (Amendment) Local Law No.13 in accordance with section 223 of the Local Government Act 1989.

6. 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.

1. Advertisement placed in local newspapers.

2. Proposed Local Law gazetted.

3. Closing date for submissions 25 June 2013.

Ordinary Meeting 13 March 2013

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. Consultant and staff preparing committee manual and associated materials

4. Meetings to be scheduled

 

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 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

 

 

ISSUE #

DATE REFERENCE

ACTIONS

ACTION TAKEN

RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE

1

Nov 2011

Internal Auditors to review compliance with the new financial management compliance framework and update schedule.

Included in 2013-2105 Internal Audit Plan.

 

Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan.

Manager Finance:  Completed

2

 

Nov 2011

Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting. 

Financial reporting upgrades still in progress.

 

Quality of financial reporting has been improved.

 

Committee has endorsed improvements to date.

 

New templates to be ready for July 2013 Management Report

Manager Finance: Improvements to be completed by 30 June 2013.

3

May 2012

 

 

 

 

 

May 2013

The Committee requested an action plan be prepared based on the VAGO fraud audit report.

 

 

Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews  

Action plan developed.

 

Progress against the Action Plan reported to each Audit Advisory Committee meeting.

 

Fraud awareness integrated into revised Induction Manual.

 

Specific fraud prevention training instigated.

 

Cash handling procedures reviewed

Manager Finance: Completed

 

 

 

 

CEO:

By 30 September 2013.

4

 

May 2012/May 2013

 

 

 

Audit Committee Self Assessment to be an Agenda Item for next Committee meeting.

Self assessment questionnaire distributed.

 

Committee members to return to Internal Auditor.

 

Internal Auditor to table report at next meetings.

 

Item to be included as an agenda item for September 2013 meeting.

Manager Finance:

30 September 2013.

5

Nov 2012/May 2013

 

Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects.

System currently being developed.

 

Committee to be forwarded information when it is available.

Manager Finance:

31 May 2013

6

Feb 2013/May 3103

The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison.

Fraud Risk Register currently being reviewed.

 

Risk Officer meeting with LOGOV consultant in May 2013 to agree on format.

 

For review at September Committee meeting

Risk Officer:

31 August 2013

7

May 2013

The Committee requested a likelihood table for the Internal Audit Plan.

For review at September Committee meeting

Manager Finance and Internal Auditor:

30 September 2013.

8

May 2013

The Committee requested to see a calendarisation of the balance sheet.

For review at the September Committee Meeting

Manager Finance:

31 August 2013

9

May 2013

Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30.

For review at the September Committee meeting

CEO:

31 August 2013

 

 

 

 

 

8.   Financial

                

· Management Reporting

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

 

      b) Internal Audit Program

·  Internal Audit Reports

Draft Report on Budget Planning prepared 

 

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.

           

9.   Staff

New Appointments 

     Nil

 

Resignations/Departures

   Mitzi Black- Records Officer – Works and Corporate Services

Gunta Bisenieks - Relief Customer Service Officer – Works and Corporate Services

Gary Driscoll - Superintendent Waste and Environment – Works and Corporate Services

 

10. 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 27th March. Draft MoU prepared and currently being reviewed. Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.

 

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. Updated costs, including service costs, are being assessed by a Quantity Surveyor, report to be available by end of May 2013.  .         

 

v)  Donald Family Services Centre

·    Application for funding under the Regional Growth Fund has been confirmed as successful.

·    Availability of funding under the ‘Putting Locals First’ Program has been confirmed.

·    Capital Funding Agreement for $1.035M from DEECD signed.

·    Detailed project plan being prepared.

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

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

 

vi) Charlton Park Community Building

·     Funding for State Government assistance with preparation of construction drawings has been confirmed.

·     Launch of community fund raising effort has been held. In excess of $700k has already been pledged.

·     * Tender for preparation of construction drawings advertised.

·     Project Committee meetings continuing  

 

vii)     Berriwillock Community Centre

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

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

·    Meeting held with Project Liaison Committee and agreement reached on community contribution to the project ($28,935). Further meeting scheduled for 19 June.

 

viii)  Charlton Skate Park

·     Funding support from Bendigo Bank confirmed.

·     Funding from the DPCD ‘Minor Facilities Program’ has been announced.

·     Design brief prepared and quotations to be sought.

 

ix) Birchip Bowling Club – Artificial Green

·     Funding support from Birchip Bowls Club.

·     Funding from the DPCD Minor Facilities Program has been announced.

·     Quotations for design have closed. The lowest quotation received was for $40,000.

·     Discussion held with Birchip Bowling Club regarding the need for tight cost control over the remainder of the project.  

 

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 – Pool liner and pipe-works. Design contractor appointed. Continuing water loss from the pool requires that the project be undertaken this winter.  

 

xiii)    Sea Lake Pool – Pool Liner and Pipe-works tender let. Contractor on site.

 

xiv)    Charlton Angling ClubInstallation 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 been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements.  The project being reconsidered. .

 

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

 

xvi)    Donald Scout Hall/Angling Club

·    Works on site have re-commenced

·    Report to Council at June 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

Funding application to Government for preparation of detailed designs under NDRGS submitted.

 

·    Donald Flood Plan

Funding application to Government for preparation of detailed designs and Stage One works under NDRGS submitted.

 

·    Community Events

‘Stories from the Flood’ publication proceeding.  

·    Rural Support

Fire Shed schedule for 2013 has been distributed.

‘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

Plans developed for Charlton, Donald and Culgoa but still with VicSES for final release.

 

ii)  Community Recovery Committee Activities

 

·    Charlton

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

 

·    Culgoa

Committee to meet as part of Culgoa Development Group meeting.

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

 

·    Donald

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

 

·   Wycheproof

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

 

·  Rural

Fire Shed meetings proceeding

 

 

 

 

11. Council Policy and Strategy

 

i)   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)  MSS and Scheme Review - Further briefing provided at May Assembly Meeting.

 

iii) 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 – Draft Local Law on public exhibition. Report to July ordinary Meeting

 

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)  Pre-School Cluster Arrangements

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)  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

Draft for consideration at Assembly Meeting 29 May 2013.

 

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

·   Recommendations adopted 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 and considered by Council on 11 February 2013.

·   Updated Action Plan maintained on Dashboard.

·   LGV has advised Mr Stephen Roche has been appointed as Monitor.

 

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

Further draft is to be circulated to Councillors 27 May 2013.

 

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. 

·    Committee support materials 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.

 

n.   Municipal Public Health and Wellbeing Plan  

·    Consultant engaged

·    Initial working party meeting held on 26 March 2013.

·    Project proceeding

    

12. 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 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

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

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

Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

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

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.

Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

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

Cumming Avenue, Birchip – Sand bag traffic island

· Sand bags to be removed and replaced by line marking

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)

Culgoa-Watchupga Road Bridge

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

·   Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions

Town Entrance Signs

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

Charlton and Donald Flood Plans

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

 

13. Federal Government Matters

 

·  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.

 

14. Community Matters

 

a)   Recreational Lakes

 

Wooroonook Lake

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

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

 

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 Committee continuing with geotechnical assessment of measures required to prevent water loss. .     

 

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.

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

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

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. Draft landscape plan received.

   

15. Vandalism

·    Nil

 

16.  Other

 

a.   Culgoa-Watchupga Road Bridge

The Manager Assets and Infrastructure provided an update on progress with investigations to replace the bridge and make alternative routes safer.

 

b.   Illegal Roadside Ripping

The Manager Assets and Infrastructure reported on action being taken under the Planning Scheme and the Community Local Law. He also reported that no advice has been received from DEPI as to what action they intended to take. 

 

c.   Northern Poultry Cluster

The Senior Planner tabled a report on the activities of the Cluster.

 

d.   Rail Alliance – Grain Logistics Taskforce

Cr White reported on actions of the Alliance to respond to the Taskforce report.

 

e.   Procurement Policy

Cr Milne led a discussion on the possible need for a further review of Council’s Procurement Policy.

 

f.    Forward Capital Projects

The Chief Executive Officer tabled a further listing of the Forward Capital Works Program for review by Councillors.

 

g.   Charlton Hospital – Demolition of Former Hospital and Disposal of Materials

The Chief Executive officer reported on conversations with the Department of Health in response to a request to deposit demolition materials from the old Charlton Hospital in Council’s landfill sites.  Discussion is continuing.

 

h.   Loddon Mallee AgriFood National Regional Initiative’s - Regional Steering Group

The Chief Executive officer reported on a request from the Agrifood’s project for a Council nominee to the Regional Steering Group.

 

Meeting closed 9.03pm.


Buloke Shire Council Ordinary Meeting Minutes                                                               Wednesday, 10 July 2013

6.2                   Report of Assembly of Councillors Meetings

Attachment 2    Report of Assembly Meeting - 26 June 2013

 

                                                                                                                                                                                                                                          

BULOKE

SHIRE COUNCIL

 

RECORD OF ASSEMBLY OF COUNCIL MEETING

 

 Meeting held at 5.00pm Wednesday 26 June 2013 at the Nandaly Public Hall

 

Present:

 

Councillors:

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

 

Staff:

Warwick Heine (Chief Executive Officer), Gaynor Doreian (Acting Manager Works and Construction), Anthony Judd (Manager Assets and Infrastructure), Bill Ryan (Manager Finance) and Bill Keane (Manager Community Services) and

 

Members of the Community:

Sam Brady (from 5.00pm until 5.25pm

Allana Hollingsworth (from 6.05pm until 6.23pm)

 

Apologies:

Warren Hemopo (Manager Reconstruction), Judi Bird (Senior Procurement Officer) and Jess Lysaght (Senior Planner)

 

Disclosure of Interests:

Nil

 

Cr Mather took the Chair

 

MATTERS TO BE DISCUSSED

 

1.   Presentations

 

1.1 Sam Brady – Nandaly-Nyarrin Road

Mr Brady raised a number of concerns with the use and condition of Nandaly-Nyarrin Road particularly in relation to heavy and long vehicles. The Manager Works and Corporate Services arranged to meet with Mr Brady to see the problems first hand and to determine what solutions may be possible.

 

1.2 Allana Hollingsworth

Ms Hollingsworth raised concern with the condition of the intersection of Calder Highway and Patchewollock-Sea Lake Road, with the width of the seal on Patchewollock-Sea Lake Road and the dangerous nature of sections of the road due to its construction over undulating country. Council indicated it was aware of the problems and would raise them again with VicRoads.

 

Ms Hollingsworth expressed concern with the actions of the Nandaly Landfill Operator who had reportedly refused to accept household waste from her partner.  The Manager Works and Corporate Service offered to investigate the matter.

 

Ms Hollingsworth expressed concern with the affordability of rates and the lack of services provided to Nandaly residents. 

 

2.   Councillor Reports

          Cr McLean reported on his attendance at the Regional Development Australia National Conference in Canberra.

 

          Cr Mclean reported on his attendance at the Electricity Line Clearance Consultative Committee and that the State Government had initiated a review of line clearance standards.

 

          Cr McLean reported that he had been nominated as the representative of the Loddon Mallee Regional Development Australia Committee on the Regional Steering Group of the Agrifoods Project. 

 

          Cr Tellefson reported that he had attended a meeting of Donald 2000 at which the cost of installing new township signs, possible development of a drag racing strip on Donald Airport and plans to welcome the persons registered through the 2013 Regional Victorian Living Exhibition to Donald as part of their visit to the Shire in early July.

 

          Cr Milne reported on his attendance at a meeting of the Wimmera Regional Library Corporation at which State Government funding announcements had been discussed.

 

          Cr White reported on her attendance of a meeting at Culgoa to discuss upgrade of the Culgoa CFA Shed and the need for modern public toilet facilities in the town. The meeting had also raised the possibility of preparing a future plan for the town.

 

          Cr White reported on attendance at a community meeting in Berriwillock to discuss management options for the soon to be completed Berriwillock Community Centre. A Management Committee was elected at the meeting.

 

          Cr White reported on attendance at a ‘Women Flying High’ function held in Donald to raise funds for the Donald Family Services Centre.  

 

3.   CEO and Senior Management Team Reports

a.  Legal

            The Chief Executive Officer reported on the following legal matters:      

                          i) George Gould Units 

ii) Hamilton Street, Sea Lake

iii) Alexander Street, Berriwillock 

iv) Building Control Matters

·      Charlton – Addition to Shop

·      Charlton – Shed and associated buildings.

·      Nandaly – Storage shed.

·      Birchip – Non-compliant house.

·      Birchip – Storage shed.

·      Charlton – Re-erect a dwelling.

·      Jill Jill – Re-erection of a dwelling

·      Wycheproof – Addition to dwelling.

·      Birchip – Addition to shop.

·      Birchip – Addition to dwelling.

·      Charlton – Addition to office.

·      Sea Lake – Warehouse.

·      Sea Lake – Dangerous veranda.

·      Berriwillock – Dangerous veranda.

·      Nullawil – Illegal building

·      Donald – Addition to dwelling

·      Berriwillock – Amenities building additional to shed.

·      Birchip – Illegal shed in township

·      Donald – Dangerous facades.

·      Charlton – Addition to building.

·    Donald Archives

·      Birchip - dwelling

 

v)  Local Laws/Planning

·      Charlton – Breach of Local Law and Planning Permit

·      Charlton - Hedge overhanging footpath. 

vi) FoI Requests

Nil.

vii) Illegal Roadside Ripping

§ Dumosa (various roads – 31kms) - Infringement Notices issued under the Planning Scheme and the Community Local Law. No advice has been received from DEPI and/or the Federal Department of Department of Sustainability, Environment, Water, Population and Communities as to what action they intend to take.

§ Birchip Wycheproof Road (8kms) – Infringement Notices issued.

 

4.   Risk

i)   Public Risk Incidents

1)   Sea Lake (2012) – trip.

2)   Sea Lake (2012) – slip

3)   Donald (2012) – fallen branch

4)   Buckrabanyule (2012) – cattle on road.   

5)   Birchip (2012) – trip  

6)   Culgoa (2012) – fallen branch 

7)   Donald (2012) – fall

8)   Donald (February) – trip.

9)   Charlton (March) – dog attack

10)  Sea Lake (March) – trip.

11)  Sea Lake (April) – unregistered dogs

12)  Donald (April) – trip

13)  Charlton (May) – footpath obstruction

14)  Wycheproof (May) – inappropriate behaviour    

15)  Corack East (June) – dumped rubbish

16)  Birchip (June) – break in - Birchip Pool 

17)  Donald (June) – dog rush. 

18)  Donald (June) - dog rush.

19)  Donald (June) – dog rush/nuisance dogs  

20)  Donald (June) – goat attack

21)  Litchfield (June) – theft from council plant.

22)  Birchip (June) – break-in – gardeners shed

23)  Donald (June) – unsightly property.

24)  Watchem (June) – unsightly property

25)  Glenloth (June) – dumped rubbish

26)  Buckrabanyule (June) – dumped rubbish

27)  Cope Cope (June) – unregistered dogs, unsightly property and illegal storage

28)  Wycheproof (June) – burning without a permit  

.    

ii)  Risk Register

·   A review of risk likelihood, consequence and residual risk following mitigation was undertaken following the Audit Advisory Committee meeting held on 22 February 2013. The changes were agreed by the Committee at the 17 May meeting.

·   Updated register available for review on Dashboard.

 

iii) Staff Incident Reports

1)  Donald (June) – Cut. 

2)  Charlton (June) – Vehicle accident

                         

5.   WorkSafe

1)   No matters             

      

 

6.   Insurance

1)   No matters.

 

7.   Governance

          

·   Council Plan 2013-2017 – Draft Plan at pre-publication stage.

 

·  Code of Conduct for StaffDraft Staff Code prepared and currently being reviewed.

 

·  Ordinary Meetings of Council – Progress of Actions from Minutes

 

Meeting Reference

Item

Action

Progress

Ordinary Meeting 12 June 2013

Contract C9 – 2008/09 - Recyclables Collection and Processing

 

1.  Advise Wimmera Mallee Waste that Council agrees to the variation of Contract C9 - Recyclables Collection and Processing Service commencing 1 July 2013 and concluding 30 June 2014.

2.     2. Advise Wimmera Mallee Waste that Council will, on provision of invoice, reimburse Wimmera Mallee Waste for charges incurred by them for the year commencing July 2012 until 30 June 2013.

3.     3. Instruct the Manager Works and Corporate Services to prepare documentation for signing to vary Contract C9 -2008/09 for the period proposed.

 

1. Correspondence prepared and sent.

2. Maddocks instructed to prepare contract variation for signing

 

Buloke Planning Scheme Four Year Review Adoption

 

That Council adopt the four year Buloke Planning Scheme review and authorise the review to be sent to the Minister for Planning for adoption.

Correspondence to Minister for Planning is being prepared.

 

Call for Expressions of Interest for the Sale or Lease of 14 McCulloch Street, Donald

That Council, having determined it has no requirement for the property at 14 McCulloch Street, Donald, Volume 10415 Folio 533, Lot 1 PS 410027 (“the property”), give public notice seeking Expressions of Interest for the sale or lease of the property.

2. That Council prepare Expression of Interest documents setting out the assessment criteria against which all applications for the sale or lease of the property will be evaluated.

3.  That Council convene a tender evaluation panel to assess all proposals received, upon the closing of the Expression of Interest period.

4. That the public notice be placed in the three local newspapers, namely the Buloke Times, North Central News, Sea Lake and Wycheproof Times Ensign in addition to the Wimmera Mail Times.

5. That the public notice disclose the following:

(a) That the sale or lease of the property is subject to Section 189 (restriction on power to sell land) and Section 190 (restriction on power to lease land) and Section 223 (right to make submission) of the Local Government Act 1989 (Vic) (“the Act”);

(b) The location of the property, including street address and Certificate of Title details;

(c) The details of the property, including a description of the property and current zoning;

(d) That a heritage amendment has been approved and adopted by Council and that upon Gazettal by the Department of Planning and Community Development, there will be a Heritage Overlay on the property in respect of the external facade;

(e) The commencement and end of the Expression of Interest period;

(f) That Expression of Interest documents must be lodged in the manner and form required by Council;

(g) That the Expression of Interest documents will be available on Council’s website or by contacting Council’s Procurement Department on (03) 5478 0100; and

(h) Contact details for a Council representative, if further information is required.

 

Public Notice being prepared for placement in local newspapers.

 

Donald WorkSpace, Lot 41, Racecourse Road, Donald - Lease Renewal

Council agree in principle to enter into a further Lease Agreement with Workspace Australia Limited (“Workspace”) for the premises at Lot 41, Racecourse Road, Donald Industrial Estate, Donald. Certificate of Title Volume 10413 Folio 421, Plan of Subdivision 409528C.

2. The proposed Lease be for a period of ten (10) years, from 29 August 2013 to 28 August 2023.

3. Council, in conjunction with its legal representatives, commence negotiations with Workspace in relation to the terms of the proposed Lease.

4. Units 1 to 5 of Lot 41, Racecourse Road, Donald Industrial Estate be re-valued and re-assessed as one for the purposes of rating.

5. That under the proposed lease arrangements Workspace is to meet all rates, taxes and charges applicable to all of the Premises in addition to continuing to be responsible for all maintenance of the buildings and surrounds.

6. That the current lease arrangement of $1.00 per annum for the property be continued, conditional upon Workspace and Council entering into an agreed collaborative plan to maximise the potential of the premises and Donald Incubator Program within the Shire.

7. That upon Workspace approving a new tenant under its Licensing Scheme it advise Council of same and that notification also be provided upon that tenant vacating the premises.

8. Council give Public Notice of its intention to enter into the Lease with Workspace.

9. That the Public Notice disclose the following:

(a) References to the Local Government Act 1989 (Vic) - Section 190 (restriction on power to lease land) and Section 223 (right to make a submission);

(b) The location of the property, including Certificate of Title details;

(c) The use of the Land

(d) The rent to be paid;

(e) The independent annual market rental valuation received for the land;

(f) The reason the current Lease is below the independent market rental valuation is because:

i. Of the potential for business economic development in the Shire;

ii. Outgoings and other charges are to be met by the proposed Tenant; and

iii. The proposed Tenant is a “not for profit organisation”.

(g) The commencement and end of the submission period;

(h) How submissions can be made;

(i) That persons making a submission are entitled to request that they be heard in support of their submission and are entitled to appear in person; and

(j) Contact details for a Council representative if further information is required.

10. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 (Cth) be thirty (30) days from the date of the placement of the necessary advertisements.

11. The advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.

 

Council Notes That:

12. Workspace enters into individual License Agreements with each tenant.

13. The terms of the current Lease were not wholly sufficient for the nature of the business and the terms of the proposed Lease agreement are to be negotiated and clarified with Workspace.

14. The agreed plan of collaboration to be developed with Council, in order to continue the subsidised rental model, address issues of engagement management and with a Council staff member appointed as a direct liaison contact and with defined meeting and reporting requirements.

 

1.  Correspondence to WorkSpace being prepared.

2. Draft lease being  prepared

3. Public Notice being prepared for placement in local newspapers.

 

Wycheproof P12 College MATES Mentoring Program-Request for Financial Assistance

 

That Council advise the Wycheproof P12 College MATES Program that it is currently unable to commit funds to the program but supports the continuing provision if ‘in kind’ support by the Youth Development Officer.

 

That Council will give further consideration to the request if an application is made to the proposed Buloke Community Grants Program which is to be developed and launched in the next few months. 

 

1. Correspondence to Wycheproof P12 College being prepared.

2. Draft Community Grants Policy and Guidelines being developed

 

Constitutional Recognition Campaign

That Council participate in the national ‘Yes’ campaign for the referendum to recognise Local Government in the Australian Constitution to be held on 13 September 2013 through local activities making use of materials developed as part of the national campaign team.

Materials being drafted.

 

2013 Community Survey Results

 

That Council:

1. Note the report

2. Update the information package sent to all ratepayers with 2013/14 rate notices to include details of current advocacy and lobbying activities

3. Continue to publish ‘Community Matters’ on a regular basis

4. Include more information in ‘Community Matters on service activities, advocacy and lobbying activities

5. Continue to identify additional opportunities to direct mail information to residents

6. Send a copy of this report to township Forum groups and Progress Associations with a request for comment on the findings and suggestions for improvement

7. Send a copy of this report to all staff for their information and for discussion at team meetings across the workplace.

1. Information package under development

2. June Mayor’s Column in local newspapers dealt with the Survey Results

3. Direct mail opportunities under investigation

4. Report to be sent to Forum and progress Associations

5. Report to be sent to staff through Staff Newsletter.

 

Transfer of Extractive Industry Work Authority 728 from Buloke Shire Council ("Todd's Pit")

 

1. Council, having determined it has no requirement for the Extractive Industry Work Authority Permit 728 (“the Work Authority”) for the land referred to as “Todd’s Pit”, agree to enter into negotiations to transfer the Work Authority to Active Excavations.

2. If agreement can be reached with Active Excavations Council complete the transfer of extractive industry Work Authority 728 in the manner and form required by the Department of Environment and Primary Industries (“DEPI”).

3. Active Excavations be advised in writing that a condition of the Transfer will be for them to agree to all conditions of the current Work Authority and any additional and ancillary requirements of DEPI which are necessary to facilitate and complete the Transfer.

4. Council liaise with Active Excavations as necessary to facilitate and complete the Transfer, including the obtaining of signatures and consents.

5. Subject to advice from Council’s legal representatives, Council enter into an agreement(s) with the landowners, John and Ellen White, for the purposes of Section 77I(6) of the Mineral Resources (Sustainable Development) Act 1990 (Vic) and other relevant sections. The nature and content of that agreement is to be negotiated.   

6. Council discuss with its legal representatives the requirement for any additional commercial agreements to be executed in relation to the Transfer and undertake same as required, including in relation to addressing matters relating to due diligence and disclosure.

7. Council investigate the possibility of entering into a sub-contracting agreement with the proposed incoming Licensee, pending the transfer of the Work Authority and its approval by the Minister.

 

That Council note the following:

8. Active Excavations have submitted a written proposal, dated 30 May 2013, stating they wish to enter into a sub-contracting agreement with Council for the extraction of Gravel under Work Authority 728 and in relation to which:

(a) Recommendation 8 relates only to Council pursuing the possibility of entering into the agreement proposed and is not an undertaking to enter into same.

9. Discussions have commenced with DEPI in relation to the process of undertaking a Rehabilitation Bond review of the site.

 1. Correspondence advising the Council decision sent to Active Excavations

2. Correspondence advising Council decision sent to land owner

3. Engineer with quarry experience engaged to undertake review of Works Approval and prepare a ‘due diligence’ report for consideration by Council.

4. Discussion initiated with Maddocks to prepare draft agreements for both Transfer and Temporary Access.,

 

Notice of Intention for Planning Permit 488/13 - Coonooer Bridge Wind Farm

 

That Notice of Intention to approve planning permit 488/13 for a wind energy facility at Coonooer Bridge by Coonooer Bridge Wind Farm Pty Ltd be given to the applicant and submitters.

 

Notice of decision being prepared to send to applicant and objectors.

 

Petition - Safety and Increased Traffic Flow in Woods Street Donald

That:

1. Council receive this Petition Letter and lay it on the Table for a Report at its next Ordinary Meeting scheduled for 10 July 2013.

2. Receipt of the petition be acknowledged and the author be advised that the matters they have raised will be considered by Council at the July Ordinary Meeting

3. Following consideration of the petition at the July Ordinary Meeting the author is to be advised of what action Council intends to take.

Report being prepared for July ordinary Meeting

Ordinary Meeting 12 May 2013

Saleyards Precinct Local Law No.14 of 2013

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.

1. Public advertisement placed in local newspapers.

2. proposed Local Law published in Government Gazette

3. Proposed Local Law on public exhibition and on Council website.

 

Wooroonook Lake Committee of Management Responsibilities

 

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.

 

1. Waterways Rules being drafted

2. Report from Transport Safety Victoria yet to be received.

 

Exercise of Lease Option - Automatic Weather Station, Charlton Landfill

1. Council write to DTZ Real Estate Services (Vic) Pty Ltd, who represents the Commonwealth Bureau of Meteorology, confirming that Council have received notice of and agrees to the Bureau of Meteorology formally exercising the option to renew for a further 10 year period, from 16 July 2013 to 15 July 2023.

2. Council gives Public Notice of its intention to continue the lease with the Commonwealth of Australia, represented by the Bureau of Meteorology, pursuant to the exercise of the option to renew.

3. That the Public Notice disclose the following:

(a) References to Section 190 (restriction on power to lease land) and Section 223 (right to make a submission);

(b) The location of the property, including Certificate of Title details;

(c) The use of the Land

(d) The rent to be paid pursuant to the current Lease terms;

(e) The independent annual market rental valuation received for the land;

(f)  The reason the current Lease is below the independent market rental valuation is because:

i.    This was arrangement agreed to in the original lease negotiations and was the amount set in that agreement;

ii.   The Automatic Weather Station installed on the site is necessary in order to obtain data necessary for the Bureau of Meteorology’s functions under the Meteorology Act 1955 (Commonwealth);

iii.  The Bureau of Meteorology is established as a national meteorological agency to perform its functions under the Meteorology Act 1955 (Commonwealth) in the public interest; and

iv. The site produces data relevant to agricultural data users, and is of value to primary producers in the Shire.

(g) The commencement and end of the submission period;

(h)  How submissions can be made;

(i) That persons making a submission is entitled to request that they be heard in support of their submission and are entitled to appear in person; and

(j) Contact details for a Council representative if further information is required.

4. The date by which submissions are to be submitted, for the purposes of Section 223 of the Local Government Act 1989 (Cth) be 30 days from the date of the placement of the necessary advertisements.

5. That the advertisements be placed in the local press, namely the North Central News, Sea Lake Wycheproof Times Ensign and the Buloke Times.

1. Proposed lease advertised

Ordinary Meeting 10 April 2013

Community Local Law (Amendment) No 13 of 2013

 

1. Council proposes to make the Community (Amendment) Local Law No.13 of 2013.

2. Give notice of its intention to make the Community (Amendment) Local Law No.13 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. 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. 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. Invite submissions on the Community (Amendment) Local Law No.13 in accordance with section 223 of the Local Government Act 1989.

6. 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.

1. Advertisement placed in local newspapers.

2. Proposed Local Law gazetted.

3. Closing date for submissions 25 June 2013.

Ordinary Meeting 13 March 2013

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. Consultant and staff preparing committee manual and associated materials

4. Meetings to be scheduled

 

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 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

 

 

ISSUE #

DATE REFERENCE

ACTIONS

ACTION TAKEN

RESPONSIBLE PERSON INCLUDING ANTICIPATED COMPLETION DATE

1

Nov 2011

Internal Auditors to review compliance with the new financial management compliance framework and update schedule.

Included in 2013-2105 Internal Audit Plan.

 

Project has been scoped. (Appendix 4 – Risk Review & Proposed Internal Audit Plan.

Manager Finance:  Completed

2

 

Nov 2011

Committee strongly recommends as a matter of urgency Buloke look at the quality of internal reporting. 

Financial reporting upgrades still in progress.

 

Quality of financial reporting has been improved.

 

Committee has endorsed improvements to date.

 

New templates to be ready for July 2013 Management Report

Manager Finance: Improvements to be completed by 30 June 2013.

3

May 2012

 

 

 

 

 

May 2013

The Committee requested an action plan be prepared based on the VAGO fraud audit report.

 

 

Committee is seeking more information on specific actions such as staff training, and policy and procedure reviews  

Action plan developed.

 

Progress against the Action Plan reported to each Audit Advisory Committee meeting.

 

Fraud awareness integrated into revised Induction Manual.

 

Specific fraud prevention training instigated.

 

Cash handling procedures reviewed

Manager Finance: Completed

 

 

 

 

CEO:

By 30 September 2013.

4

 

May 2012/May 2013

 

 

 

Audit Committee Self Assessment to be an Agenda Item for next Committee meeting.

Self assessment questionnaire distributed.

 

Committee members to return to Internal Auditor.

 

Internal Auditor to table report at next meetings.

 

Item to be included as an agenda item for September 2013 meeting.

Manager Finance:

30 September 2013.

5

Nov 2012/May 2013

 

Committee to be updated on Project based accounting system being developed by Geoffrey Ballard for tracking major flood related road projects.

System currently being developed.

 

Committee to be forwarded information when it is available.

Manager Finance:

31 May 2013

6

Feb 2013/May 3103

The Committee suggested that the Risk Officer look at the Fraud Risk Register. Unfavourable comments put in brackets for comparison.

Fraud Risk Register currently being reviewed.

 

Risk Officer meeting with LOGOV consultant in May 2013 to agree on format.

 

For review at September Committee meeting

Risk Officer:

31 August 2013

7

May 2013

The Committee requested a likelihood table for the Internal Audit Plan.

For review at September Committee meeting

Manager Finance and Internal Auditor:

30 September 2013.

8

May 2013

The Committee requested to see a calendarisation of the balance sheet.

For review at the September Committee Meeting

Manager Finance:

31 August 2013

9

May 2013

Risk Register - The Committee requested confirmation on the rating of high re: Legislative Requirements, RM30.

For review at the September Committee meeting

CEO:

31 August 2013

 

 

8.   Financial

                

· Management Reporting

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

 

      b) Internal Audit Program

·  Internal Audit Reports

Draft Report on Budget Planning prepared 

 

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.

           

9.   Staff

New Appointments 

Mark McDonald- Depot and Waste Serviceman – Works and Corporate Services

Brody MacDonald- Mechanic – Assets and Infrastructure

Christy Arnel- Records Officer – Works and Corporate Services

 

Resignations/Departures

   Nil

 

10. 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 27th March. Draft MoU prepared and currently being reviewed. Review of construction plans being undertaken to ensure there have been no new matters to be considered since the design was completed.

 

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. Updated costs, including service costs, are being assessed by a Quantity Surveyor, report to be available by end of May 2013.  .         

 

v)  Donald Family Services Centre

·    Detailed project plan being prepared.

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

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

 

vi) Charlton Park Community Building

·     Launch of community fund raising effort has been held. In excess of $700k has already been pledged.

·     Tender for preparation of construction drawings advertised.

·     Project Committee meetings continuing  

 

vii)     Berriwillock Community Centre

·    Construction timeframe has fallen 1 week behind schedule. Practical completion date set for CFA fire shed – 25th June 2013 and Multi Purpose area – 22nd July

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

·    Meeting held with Project Liaison Committee and agreement reached on community contribution to the project ($28,935).

·    * Community meeting held on 19 June 2013 to address management of the facility.

 

viii)  Charlton Skate Park

·     Funding support from Bendigo Bank confirmed.

·     Funding from the DPCD ‘Minor Facilities Program’ has been announced.

·     Design brief prepared and quotations to be sought.

 

ix) Birchip Bowling Club – Artificial Green

·     Funding support from Birchip Bowls Club.

·     Funding from the DPCD Minor Facilities Program has been announced.

·     Quotations for design have closed. The lowest quotation received was for $40,000.

·     Discussion held with Birchip Bowling Club regarding the need for tight cost control over the remainder of the project.  

 

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 – Pool liner and pipe-works. Design contractor appointed. Continuing water loss from the pool requires that the project be undertaken this winter.  

 

xiii)    Sea Lake Pool – Pool Liner and Pipe-works tender let. Contractor on site.

 

xiv)    Charlton Angling ClubInstallation 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 been advised that no exemption will be given in regard to the need to meet Cultural Heritage requirements.  The project being reconsidered. .

 

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

 

xvi)    Donald Scout Hall/Angling Club

·    Works on site have re-commenced

·    Report to Council at June Ordinary Meeting.  

 

Flood Update

i)   General Update on Recovery Activities

·    Charlton Flood Plan

Funding application to Government for preparation of detailed designs under NDRGS submitted.

 

·    Donald Flood Plan

Funding application to Government for preparation of detailed designs and Stage One works under NDRGS submitted.

 

·    Community Events

‘Stories from the Flood’ publication proceeding.  

·    Rural Support

Fire Shed schedule for 2013 has been distributed.

‘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

Plans developed for Charlton, Donald and Culgoa but still with VicSES for final release.

 

ii)  Community Recovery Committee Activities

 

·    Charlton

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

 

·    Culgoa

Committee to meet as part of Culgoa Development Group meeting.

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

 

·    Donald

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

 

·   Wycheproof

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

 

·  Rural

Fire Shed meetings proceeding

 

 

 

 

 

11. Council Policy and Strategy

 

i)   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)  MSS and Scheme Review – Report to June Ordinary Meeting.

 

iii) 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 – Draft Local Law on public exhibition. Report to July ordinary Meeting. No submissions received to date.

 

b.   Community Local Law – Amendment to Local Law to control shipping containers in residential area is currently on public exhibition for comment.  Report to July Ordinary Meeting.  Two submissions received to date.

             

v)  Pre-School Cluster Arrangements

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.  Draft MoU has been forwarded to the YMCA for final review prior to signing.

 

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)  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

Draft for consideration at Assembly Meeting 11 June 2013.

 

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

·   Recommendations adopted at March Ordinary meeting.

·   Follow-up action proceeding

 

 

e.   Financial Sustainability and Affordability

·   Review of recommendations from the Ernst and Young report completed.

·   Updated Action Plan maintained on Dashboard.

·   LGV has advised Mr Stephen Roche has been appointed as Monitor.

 

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)

Report is currently being prepared. Draft will be made available for discussion at an Assembly meeting in July.

 

h.   HACC Program - Delivered Meals

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

 

i.    Forward Capital Works Planning

Further draft circulated to Councillors 11 June 2013.

 

j.    Volunteer Support

·    Presentation made to Council 11 June 2013. 

·    Final report and support materials 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.

 

n.   Municipal Public Health and Wellbeing Plan  

·    Consultant engaged

·    Meetings with stakeholder held in may 2013.

·    Review meeting to be held June 29013,

    

12. 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 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

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

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

Calder Highway, Charlton – Truck Parking ‘Lizard’ Cafe

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

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.

Intersection Birchip-Wycheproof Road and Birchip-Dumosa Road

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

Cumming Avenue, Birchip – Sand bag traffic island

· Sand bags to be removed and replaced by line marking

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 including the width of the seal and alignment of the 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)

 

 

Culgoa-Watchupga Road Bridge

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

·   Onsite inspection of the intersection of the temporary bypass has been undertaken to address sight line and safety matters, including speed restrictions

Town Entrance Signs

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

Charlton and Donald Flood Plans

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

 

13. Federal Government Matters

 

·  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.

 

14. Community Matters

 

a)   Recreational Lakes

 

Wooroonook Lake

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

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

 

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 Committee continuing with geotechnical assessment of measures required to prevent water loss. .     

 

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.

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

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

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. Draft landscape plan received.

   

15. Vandalism

·    * Watchem (June) – Toilets at Watchem Lake vandalised. Door was kicked and broken, the paper holder broken, the toilet filled with paper and faeces left in the shower. The incident has been reported to Victoria Police.

 

16.  Other

 

a.   Budget 2013/14

The Chief Executive Officer tabled papers identifying the need to further reduce spending to reach the notional financial targets set as part of earlier discussion.  Council asked for further information to assist with decision making.

 

b.   Forward Capital Projects – Priorities

Consistent with Budget discussions the Chief Executive Officer identified the need to further reduce CapEx spending over the next five years and to determine that any major projects would need to be fully funded before it was agreed that they proceed. Council asked for further information to assist with decision making.

 

c.   Culgoa-Watchupga Road Bridge

The Manager Assets and Infrastructure reported that agreement had been reached with VicRoads for VicRoads engineers to undertake a Class 3 bridge inspection.

 

d.   Birchip Bowling Club – New green plus Sale of Land – Feedback from Meeting held 24 June 2013

The Manager Assets and Infrastructure reported on the outcomes of the meeting held on 24 June 2013.  The Bowling Club is to convene further meetings over the next several weeks to determine a final position.

 

e.   Regional Development Australia – Round Five Funding

The Manager Assets and Infrastructure reported on Federal Government announcements of Round Five Funding arrangements. A report will be presented to the July ordinary Meeting.

 

f.    Charlton Park – Control of Corella’s

The meeting discussed several options for the control of Corella’s at the Charlton Recreation Reserve. Further research is to be undertaken and a report presented to Council.

 

g.   Road Management Plan

The Manager Assets and Infrastructure advised that a report on this matter would be presented to the July ordinary Meeting.

 

h.   Community Grants – Discussion Paper

The Chief Executive Officer tabled a draft paper setting out proposals for Council to initiate a community grants scheme to better manage requests from groups and individuals for financial assistance.   A further draft is to be prepared taking into account the comments made at the meeting.

 

i.    Financial Reporting Compliance Policy – Discussion

The Manager Finance tabled draft policy arsing from recommendations contained in the s135 Review Report.

 

j.    National Heavy Vehicle Authority – National Consent Arrangements to apply from 1 September 2013

The Chief executive Officer tabled documents relating to the operations of the National Heavy Vehicle Authority.

 

k.   New Government Department Arrangements – Information

The Chief Executive Officer tabled a guide to the newly announced State Government Departmental Structure.

 

l.    C06 Communication Plan

Cr Tellefson requested the Chief executive Officer give priority to the development of a communication strategy to explain to the community the nature of the contract and the works to be undertaken.

 

Meeting closed 8.17pm

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.3       Building Permits - Monthly Update

Author’s Title:           Compliance Administration Officer

Department:              Office of the CEO                                            File No: DB/14/02

Attachments:

Nil

 

 

Motion:

 

That the Council note information contained in the report on Building Permits approved by staff from 1st June 2013 to 30th June 2013.

 

Moved:             Cr Gail Sharp

Seconded:      Cr Stuart McLean

Carried.

 

1.       Executive Summary

This report provides information on Building Permits approved by staff from 1st June 2013 to 30th June 2013.

 

2.  List of Building Permits Approved by Council Surveyor

Permit No.

Address

Project Description

Value

Date Approved

20130068

46-52 Camp Street, WYCHEPROOF

New Building: Re-erect office building & Construction of verandah & Ramp

$16,400

4/6/2013

20130072

2196 Ninda-Turriff Road, NINDA

New Building: Swimming pool, Deck & Safety Barrier

$50,000

13/6/2013

20130073

38 High Street, WYCHEPROOF

Other: Erection of Sign

$1,000

13/6/2013

20130074

203 Best Street, Sea Lake

Extension: Addition & Alteration to Dwelling

$24,000

13/6/2013

20130075

842 Devon Park Road, DONALD

Demolition: Dwelling

$10,000

18/6/2013

20130076

15 Charles Street, WYCHEPROOF

Extension: Outdoor Shelter

$5,000

16/6/2013

20130077

52 Cumming Avenue, BIRCHIP

Extension: Re-stump of Dwelling & Construction of Verandah

$9,800

20/6/2013

20130078

22 Campbell Street, BIRCHIP

New Building: Outdoor Shelter

$42,000

26/6/2013

20130079

100 Yeungroon Road YEUNGROON

New Building: Machinery Shed

$61,446

26/6/2013

20130080

19-21 Duncan Street, BIRCHIP

New Building: Addition & Alteration to Dwelling

$100,543

26/6/2013

20130084

9 Camp Street CHARLTON

Alteration: To assembly building (Replace Floor)

$15,000

27/6/2013

 

 

3.       List of Building Permits Approved by Private Surveyors

Permit No.

Address

Project Description

Value

Date Approved

20130069

33-39 Davis Street, CHARLTON

New Building: Construction of Trade Training Centre(Charlton College)

$4,920,586

17/5/2013

20130070

22 Napier Street, DONALD

Demolition: Of Depot

$150,000

30/5/2013

20130071

15 Campbell Street, BIRCHIP

Re-stump: Dwelling

$13,000

24/5/2013

20130081

37 Corack Road BIRCHIP

New Building: Dwelling & Garage

$453,129

15/5/2013

20130082

3 Jolly Street WYCHEPROOF

New Building: Verandah

$15,900

21/5/2013

20130083

475 Broadway WYCHEPROOF

Re-Stump: Re-Stump of Dwelling

$19,000

4/6/2013

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.4       Planning Applications Received - Monthly Update

Author’s Title:           Senior Planner

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

Attachments:

Nil

 

 

 

Motion:

 

That the Council note information contained in the report on planning applications under consideration by staff and the status of each of these applications.

 

Moved:             Cr Stuart McLean

Seconded:      Cr Leo Tellefson

Carried.

 

1.       Executive Summary

This report advises provides information on planning applications under consideration by staff and the status of each of these applications.

 

2.       List of Planning Applications

Application No

Applicant

Address

Date Rec

Summary of Proposal

Status

 

PPA466/12

Ferguson Perry Surveying

30 Ellenwood Ave, Charlton

30/08/2012

4 Lot Subdivision

LCA Requested

PPA504/13

D Drummond

69 Woods Street, Donald

15/05/2013

Extension to red line liquor area

Notice of Application

PPA506/13

CFA

161  Jones Road, Glenloth East

07/06/2013

Replacement emergency services facility

Notice of Application

PPA507/13

J Wright

842 Devon Park Road, Donald

18/06/2013

Second dwelling on Lot

Notice of Application

PPA509/13

CFA

270 Yeungroon – Nine Mile Rd

17/06/2013

Replacement emergency services facility

Notice of Application

PPA510/13

CFA

15 Best Street, Sea Lake

27/06/2013

Emergency services facility

Notice of Application

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.5       Planning Applications Approved By Chief Executive Officer

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: LP/10/01

Attachments:

Nil

 

 

Motion:

 

That the Council note information contained in the report on planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

Moved:             Cr David Pollard

Seconded:      Cr Graeme Milne

Carried.

 

1.       Executive Summary

This report advises Council of the planning permits that have been administered by the Planning Officer and approved by the Chief Executive Officer under Council’s delegated authority.

2.       List of Planning Permits

Date

Permit No.

Applicant

Address and Project

15.5.13

504/13

Donald Drummond
6 Maldon Crescent
Doncaster East   Vic   3109

Lot 1 TP 253709A


Known as 69 Woods Street, Donald

Variation to Liquor Licence – Extension to Red Line Area

22.3.13

496/13

J Smith
32 Campbell Street
Birchip   Vic  3483

1 Lockwood Street, Birchip

Council Rated Property no.  233 000 101

Change of Use from Retail Premises to Dwelling (Accommodation)

21.5.13

505/13

Mr G Harris
70 Woods Street
Donald  Vic   3480

Lot 1 TP 242328A

Known as 74 – 76 Woods Street, Donald

Works in Business 1 Zone – Reconstruct shopfront facade

1.7.13

406/11-A

J J O’Connors & Sons
P O Box 669
Horsham  Vic 3402

Volume 9790 Folio 627 – Parish of Wirmbirchip

Known as Boundary Street, Birchip  3483

Council Rated Property No:  230 200 101

Use and development of a Rural Industry

1.7.13

508/13

Peagrowers Cooperative Ltd
P O Box 84
Donald  Vic   3480

Lot 46, 47, 48 on Plan of Subdivision 409528

Corner of Racecourse Road and Tower Road, Donald

Council Rate Property No:  114 603 503

Building and works in Industrial 3 Zone - Silos

 

3.       Certificates of Compliance

Date

Cert No.

Applicant

Address and Project

Nil.

 

 

 

4.       Consultation (Internal/External)

Consultation  with  the  respective  community  persons  and  relevant  authorities  has  been undertaken as required by the Planning and Environment Act.

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.6       Road Opening Permits - Monthly Report

Author’s Title:           Assets Engineer

Department:              Office of the CEO                                            File No: RO/14/01

Attachments:

Nil

 

 

 

Motion:

 

That the Council note information contained in the report on Road Opening Permits.

 

Moved:             Cr Stuart McLean

Seconded:      Cr Gail Sharp

Carried.

 

1.       Executive Summary

To provide Council information on Road Opening Permits approved or not approved by Council from 1 June 2013 t o 30 June 2013.

 

2.       List of Road Opening Permits Approved or Not Approved by Council

Road

Requesting Authority

Approved or
Not Approved

Date

Davies St, Charlton College, Charlton

Jayden Blackley, DLO Plumbing,1 A Whip Ct, Bendigo, VIC 3550

Approved

3/6/2013

 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.7       Letters of Congratulations and Recognition of Achievement/Awards

Author’s Title:           Governance Officer

Department:              Office of the CEO                                            File No: CR/13/01

Attachments:

Nil

 

Motion:

That the Council acknowledge and congratulate the persons and/or groups mentioned in the report for their achievements.

 

Moved:             Cr Gail Sharp

Seconded:      Cr Ellen White

Carried.

 

1.       Executive Summary

This report acknowledges and congratulates community persons and/or groups for their success in being recognised for a significant achievement or for being a recipient of an honourable award.

The report also informs Council of any letters of congratulations or any particular recognition of achievement that Council has received or been awarded in the past month.

2.       Recognition of Achievement Items

Provider

Recipient

Date

Purpose for Recognition

The Pierre de Coubertin Awards (named after the found of the modern Olympic Games) in Melbourne

Tyrrell College Year 12 Student – Will Simpson

 

Recently awarded the prestigious Pierre de Coubertin Award for his athletic achievements (particularly in Javelin).\

The Awards recognise Senior Secondary Students who demonstrate Olympic values and attributes – Attitude, Sportmanship, Pride, Individual Responsibility, Respect, Express Yourself. 

Grains Research and Development Scholarship to Longerenong College

Matt Gilmour of Donald

 

One of four students to be awarded a Grains Research and Development Scholarship to Longerenong College to study Advanced Diploma of Agriculture.

Graduate Women Victoria

Whitney Boyle of Wycheproof

 

Recipient of a Graduate Women Scholarship named in honour of the late Professor Emeritus Nancy Millis to assist with her research into children’s sentence comprehension.  

Melbourne University – Dean’s Honours List 2012

Tom Keane of Wycheproof (former Wycheproof P-12 College student)

 

Named on the Dean’s Honour List 2012 for being in the top 3% of all students studying in the School of Engineering at Melbourne University.

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

6.8       Local Law Permits - Monthly Report

Author’s Title:           Compliance Officer - MFPO

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

Attachments:

Nil

 

 

 

Motion:

 

That the Council note information contained in the report on Local Laws Permits approved by staff.

 

Moved:             Cr David Pollard

Seconded:      Cr Leo Tellefson

Carried.

 

1.       Executive Summary

To provide information on Local Laws Permits approved by staff from 31 May to 30 June 2013.

 

 

2.       List of Local Laws Permits Approved by Compliance Team Leader

 

Permit No.

Address

Permit

Expiry Date

Date Approved

LL10/DK23/13

Birchip

Fundraising

19/6/13

31/5/13

LL10/RL02/13

Charlton

Fundraising

2/6/13

31/5/13

LL10/DK24/13

Birchip

Fundraising

27/6/13

20/6/13

LL10/DK25/13

Charlton

Fundraising

20/11/13

20/6/13

LL10/SF21/13

Donald

Street Furniture

30/6/14

20/6/13

LL10/DK26/13

Birchip

Fundraising

28/11/13

24/6/13

 

  


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.          General Business

7.1       Policy Reports

7.1.1    Financial Reporting Compliance Policy

Author’s Title:           Manager Finance

Department:              Finance                                                             File No: 012013

Attachments:

1       ViewFinancial Reporting Compliance Policy  

Relevance to Council Plan 2013 - 2017

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:                              Working with communities and other stakeholders in planning for and making decision about the future

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 consultative mechanisms.   

 

 

Motion:

That:

1.       That Council adopt the Financial Reporting Compliance Policy to ensure that Better Practice Guidelines are followed in preparing Financial Reports and Council’s Annual Report.

2.       That council note that the Policy has been prepared noting the suggestions provided in the S135 report and these recommendations have been included in the policy document.

 

Moved:             Cr Leo Tellefson

Seconded:      Cr Stuart McLean

Carried.

 

1.       Executive Summary

Council are required to review and update policy documents within the first year of a new Council being elected. This policy has been prepared as part of the current policy review and has been designed to meet the suggestions made in the s135 review of council financial reporting practices.

2.       Discussion

This policy has been prepared to ensure that Council meets the requirements outlined in the Local Government Act 1989 and to ensure that the suggestions made in the s135 report are followed as part of council’s cyclical financial reporting process.

 

The s135 report recommended that:

 

“Council implement a policy requiring that the Audit Advisory committee and Council are required to formally review and approve the draft Audit opinion prior to adopting and signing the financial statements”.

 

This recommendation has been noted and incorporated into the policy document to comply with the suggestion.

 

Additionally, the s135 report suggested that:

 

“Management ensure Audit Advisory Committee resolutions are followed in accordance with Council policy and, therefore, that any material changes to the financial statements (including Audit opinion) are re-submitted to the Audit Advisory Committee for review prior to any recommendation to Council with respect to adoption of the financial statements.”

 

This recommendation has been incorporated into the policy in order to fulfil this requirement.

 

The final recommendation put forward in the s135 report was that:

         

Council implement a specific policy with respect to “Qualified” or “Modified” audit opinions requiring that: the opinion be discussed directly by Management and the Audit Advisory Committee with the Victorian Auditor General’s Office; and an assessment of the implications of the qualification be provided to Council prior to adoption of the financial statements. This assessment should specifically outline implications for compliance with the Local Government Act 1989.

 

This recommendation has been noted and forms part of the policy document. This directive will be followed in the event that council receives a qualified Audi Opinion in the future.

3.       Financial Implications

This policy does not have any direct financial implications but ensures that the Council’s financial reporting procedures are undertaken in a formal and proper manner and comply with respective Legislation and Better Practice Guidelines.

4.       Community Consultation

This policy will be reported as part of the council minutes and be available to the Community on Council’s website and in hard copy at Council offices.

5.       Internal Consultation

This policy has been prepared in consultation with the Chief Executive and has been provided to Councillors for review prior to being included on the Ordinary Council Meeting Agenda.

6.       Legislative / Policy Implications

For further information related to this policy see:

Local Government Act 1989

Local Government (Financial Management) Regulations 1999.

 

This Policy is implemented in conjunction with the following documents:

 

Buloke Shire Council Audit Advisory Committee Charter.

Procurement Policy (FM 1001) 

Investment (FM 1002) 

Asset Revaluation Policy (FM 1003)

Asset Capitalisation Policy (FM 1004)

Depreciation Policy (FM 1005)

Asset Management Policy

7.       Environmental Sustainability

The adoption of this policy does not have any environmental impacts.

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

This policy has been prepared in response to the recommendations put forward in the s135 report and the adoption of this policy ensures that Council continues to improve the financial reporting framework to better inform Council and the community.


Buloke Shire Council Ordinary Meeting Minutes                                                     Wednesday, 10 July 2013

7.1.1                 Financial Reporting Compliance Policy

Attachment 1    Financial Reporting Compliance Policy

 

 

Policy Title:

Financial Reporting Compliance Policy

Policy No.:

FM 101X

Version No.:

1

 

 

1, Purpose

 

To ensure Better practice principles are followed in the preparation and approval of Council’s end of Financial Year financial statements.

 

To ensure sound financial management practices and transparency are practised in the development and presentation of financial information to the community.

 

To ensure the Council’s audit Committee have recommended the Financial Statements and Performance Report be signed by council.

 

To ensure that Council meets all of the requirements of the Local Government Act 1989 in preparing and monitoring the year end Financial Statements, Performance Report and Annual Report as prescribed below.

 

The Local Government Act 1989 - S131 prescribes that

 

Annual report

 

131. Annual report

 

(1) A Council must in respect of each financial year prepare an annual report containing-

 

   (a)  a report of its operations during the financial year;

   (b)  audited standard statements for the financial year;

   (c)  audited financial statements for the financial year;

   (d)  a copy of the performance statement prepared under section 132; and

   (e)  a copy of the report on the performance statement prepared under

        section 133;

   (f)  any other matter required by the regulations.

 

(2) The report of operations must-

   (a)  be prepared in a form and contain information determined by the

        Council to be appropriate; and

   (b)  contain any other information required by the regulations.

 

(3) The standard statements in the annual report and the financial statements

must-

 

   (a)  be prepared in the manner and form prescribed by the regulations;

   (b)  be submitted in their finalised form to the auditor for auditing as soon as possible after the end of the financial year;

   (c)  be certified in the manner prescribed.

 

(4) The standard statements in the annual report must show any variations from the standard statements in the budget as prepared under section 127 and, if the variation is material, explain the reason for the variation.

 

(5) The auditor must not sign the auditor's report concerning the standard statements or the financial statements unless subsection (3) (c) has been complied with.

 

(6) The annual report must be submitted to the Minister within 3 months of the end of each financial year or such longer period as the Minister may permit in a particular case.

 

(7) The Council must not submit the standard statements or the financial statements to its auditor or the Minister unless it has passed a resolution giving its approval in principle to the standard statements and the financial statements.

 

(8) The Council must authorise 2 Councillors to certify the standard statements and the financial statements in their final form after any changes recommended, or agreed to, by the auditor have been made.

 

(9) If a Council fails to submit its annual report within the time allowed under subsection (6), the Secretary must ensure that details of the failure are published in the annual report of the Department.

 

(10) After the annual report has been submitted to the Minister, the Council must give public notice that the annual report has been prepared and can be inspected at the Council office.

 

(11) A copy of the annual report must be available for inspection by the

public at-

   (a)  the Council office and any district offices; and

   (b)  any other place required by the regulations.

 

 

(12) After the Council has received a copy of the report of the auditor under section 9 of the Audit Act 1994, the Council must-

 

   (a)  give public notice that the Council has received the copy and that the copy can be inspected at the Council office;

   (b)  ensure that the copy is available for public inspection at any time that the Council office is open to the public.

 

Additionally, The Local Government Act 1989 – S132 also prescribes that

 

Performance statement

 

132. Performance statement

 

(1) As soon as is reasonably practicable after the end of each financial year, a Council must prepare a performance statement.

 

(2) The performance statement must include-

 

(a)  the Key Strategic Activities and performance targets and measures  specified in the budget under section 127 for that financial year;

   (b)  the actual results achieved for that financial year having regard to those performance targets and measures.

 

 

(4) The statement must-

 

   (a)  be in the form; and

   (b)  contain the details-required by the regulations.

 

(5) The Council must submit the statement to its auditor as soon as possible after the statement has been prepared.

 

(6) The Council must not submit the statement to its auditor or the Minister unless the Council has passed a resolution giving its approval in principle to the statement.

 

(7) The Council must authorise 2 Councillors to approve the statement in its final form after any changes recommended, or agreed to, by the auditor have been made.

 

(8) The approval by the 2 Councillors must be given in the form and manner required by the regulations.

 

(9) The Council must submit the statement to the Minister within 3 months of the end of the financial year to which the statement relates.

 

(10) The Council must comply with subsection (9) even if the auditor has not yet prepared the report on the statement required by section 133.

 

(11) If the statement shows that the Council has failed to substantially achieve the performance targets in relation to the Key Strategic Activities set out in the budget, the Council must ensure that the copy of the statement submitted to the Minister is accompanied by a written explanation of why it failed to achieve the performance targets.

 

2. Scope

 

This policy provides direction on Financial Reporting Compliance and submission of the Council’s Annual Report to the Minister of Local Government.

 

3, Definitions

 

Annual report - a report of Councils operations during the financial year that must include the following:

 

·      audited standard statements for the financial year;

·      audited financial statements for the financial year;

·      a copy of the performance statement prepared under section 132;

·      a copy of the report on the performance statement prepared under section 133 and any other         matter required by the regulations.

 

Financial statements – audited financial statements for the year as required by Australian Accounting Standards and the requirements of the Local Government Act 1989 and related regulations.

 

Standard statements – Financial statements for the financial year including Standard Statement of Financial Performance, Standard Statement of Financial Position, Standard Statement of Cash Flows  and standard Statement of Capital works.

 

Performance statement – A statement of the Key Strategic Activities and performance targets and measures specified in the budget under section 127of the Local Government Act 1989 and related regulations for that financial year; including the actual results achieved for that financial year having regard to

those performance targets and measures.

 

4. Policy Statement

 

4.1 Council will prepare financial statements, standard financial statements and a performance statement each year in compliance with the Local Government Act 1989 and related regulations.

 

4.2 Council will incorporate these statements in the annual report as required by S131 of the Local government Act 1989.

 

4.3 The standard statements, financial statements and performance statements must be audited and signed off by the auditor.

 

4.4   Council and the Audit Advisory committee must formally review and approve the draft audit opinion prior to the adopting and signing of the financial statements and standard statements.

 

4.5 The Audit Advisory Committee must review the standard statements and the financial statements and when satisfied that they are correct, inform Council of their recommendation that the statements be adopted by Council.

 

4.5 Management must ensure that Audit Advisory committee resolutions are followed in accordance with Council policy and material changes to the financial statements and standard financial statements (including the audit opinion) are resubmitted to the Audit Advisory Committee to review prior to any recommendation to Council to adopt the statements.

 

 

Legislation and other references

 

Legislation

For further information related to this policy see:

·    Local Government Act 1989

·    Local Government (Financial Management) Regulations 1999.

Documents

This Policy is implemented in conjunction with the following documents:

 

·    Buloke Shire Council Audit Advisory Committee Charter.

·    Procurement Policy (FM 1001) 

·    Investment  (FM 1002) 

·    Asset Revaluation Policy  (FM 1003)

·    Asset Capitalisation Policy (FM 1004)

·    Depreciation Policy  (FM 1005)

·    Asset Management Policy

 

Control Information

 

Policy Category:

Finance

Approval Date:

TBA

Review Date

 

Revision History

………………

 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2       Management Reports

7.2.1    Nandaly Landfill - Closure and Rehabilitation

Author’s Title:           Manager Works & Corporate Services

Department:              Works and Corporate Services                     File No: WM/08/01

Attachments:

1       ViewBuloke Shire Council Waste Management Strategy 2012-2022

Relevance to Council Plan 2013 - 2017

Objective:                            A Shire working with the community to reduce our carbon footprint, protect and enhance the natural environment and share experiences and information.

Strategy:                              Providing services and advice to the community to assist in reducing its  impact on our natural environment.

Priority:                                Continue long-term planning for sustainable waste disposal facilities.   

 

 

Motion:

 

That:

1.       Council instruct the Manager Works and Corporate Services to take steps to close the Nandaly landfill on 31 August 2013.

2.       Residents of Nandaly be advised in writing of the closure and that a small number of additional household waste and recycling bins will be provided at the Recreation Reserve to accommodate any demand for additional capacity.

3.       Residents be provided with a copy of Council’s waste and recycling calendar.

 

Moved:             Cr Ellen White

Seconded:      Cr Leo Tellefson

Carried.

 

1.       Executive Summary

The Nandaly landfill has reached the end of its useful life. 

 

The operating capacity of a landfill is based on a formula which is translated into the number of years that the landfill can be expected to operate. 

 

Nandaly was last surveyed over 5 years ago and at the time it was deemed to have 2 years capacity left.

 

In July 2012 Council adopted the Buloke Shire Waste Management Strategy 2012 – 2022. 

 

The 2012 – 2022 Strategy was adopted following a period of community consultation.

 

As part of the Strategy a number of options were developed around waste minimisation, community education, collection and recovery, infrastructure and monitoring. These options were assessed based on their likely environmental, social and economic impacts. The Strategy included recommendations for future improvement to waste management operations and directions. 

 

One of the recommendations adopted as part of the Strategy was to close and rehabilitate the Nandaly landfill. To facilitate local residents to continue to dispose of putrescibles waste and participate in the Shire’s recycling programs it was proposed to place additional 120 litre and 240 litre bins at a pre-determined location in the town. The number of bins to be provided based on the average volumes of putrescibles and recyclable waste previously deposited at the Nandaly landfill site.

 

The recommendation to close the Nandaly landfill site was consistent with the previous Waste Management Strategy 2008 and the Regional Waste Strategy adopted by the Central Murray Regional Waste Management Group (CMRWMG). The Regional Waste Strategy scheduled the Nandaly site to close several years ago.  

 

Council staff have monitored the usage of the Nandaly landfill for the last seven years. The site is currently open for two hours each week.

 

Review of the data collected over that period reveals that putrescible waste is rarely deposited at the site and that it is used minimally for the deposit of recyclables, hard waste and green waste. (Details of volumes received in the current year are set out later in this report).

 

Nandaly and surrounds are provided with waste collection services with the uptake being 52% of households.

 

Council currently has 6 unlicensed landfills (Charlton, Wyche, Donald, Birchip, Culgoa and Nandaly) a recycle station at Watchem and a transfer station at Sea Lake.  The Sea Lake transfer station is 32.1 kilometres from Nandaly.  

2.       Discussion

The operating capacity of a landfill is based on available airspace, airspace being measured as the volume of waste that can be deposited prior to the site meeting fill levels defined by a Works Approval issued by the EPA.

 

Once airspace has been calculated the life of a site can be determined by the annual volumes of material deposited at the site. The larger the volumes the more quickly available airspace is consumed.

 

Airspace at Nandaly was last surveyed 5 years ago. At the time it was deemed to have 2 years capacity left.

 

A reduction in the volumes of waste being deposited at the site has resulted in the life of the site being extended. At the very best, the site is now assessed as having less than one year capacity remaining.

 

The Works Approval issued for the site requires Council to cap and seal the site to predetermined final fill levels. Capping and sealing the site also utilises airspace and is usually undertaken on a progressive basis. The Nandaly site has been 90% sealed and capped. Closure of the site is now required to complete the rehabilitation process.     

 

Use of the Nandaly site is monitored. Review of data kept for the last 7 years reveals the following:

·    Putrescibles (household waste) are rarely deposited at the site

·    There is minimal use for recyclables (2.8 cubic metres 12 months - the equivalent of 12 240 litre bins)

·    Minimal hard waste (1.6 cubic metres of clean fill, 1.6 cubic metres of rubble and 8 assorted tyres

·    Minimal green waste (4 cubic metres)

 

The site is currently open for 2 hours per week on a Thursday, but due to staffing requirements will be moved to Friday commencing 1 July 2013.

 

Waste must be covered at the end of every day, though landfills that receive significant volumes of waste in a day might need to progressively cover waste during the day. Landfills that accept only solid inert or building material may not require daily cover provided that emissions (odour, dust litter and so on) are adequately controlled. 

 

Council owns one traxcavator which works in tandem with Council’s Waste contractor to ensure waste deposits at landfills are covered at the time they are tipped.  It is approximately a 5 hour return trip to attend at the Nandaly landfill. The traxcavator has been required at Nandaly on only two occasions in the last 12 months.

 

Nandaly and surrounds are provided with waste services and are included in Council’s Waste Collection contract with the uptake being 52% of households*: 

 

·    23 Garbage Charges in the township

·    10 Garbage Charges for the surrounding rural district

·    The contactor on average does 20 Garbage lifts in Nandaly per week

·    Rural district customers leave bins at the Recreation Reserve for pick up this averages about 6 to 8 lifts per week

·    Recycle bins lifts average about 25 per fortnight

 

Nandaly and surrounds are provided with putrescibles and recyclable waste collection services. A total of 33 households receive these services.

 

Waste collected in Nandaly is transported to Sea Lake and handled at the Sea Lake Transfer Station. The Sea Lake transfer station is 32.1 kilometres from Nandaly.

 

Closure of the Nandaly site was identified in the Waste Management Strategy 2008 and has again been highlighted in the recently adopted 2012 – 2022 Waste Management Strategy. (Appendix One)

 

The Waste Management Strategy 2012-2022 provides a vision for future waste management in Buloke and was developed in consultation with the community and the CMRWMG of which Buloke Shire is a member.

 

Planning for waste management needs to consider the environment, local needs, the regional context, Victorian and Commonwealth Government policies and regulations. It has a focus on waste avoidance, reduction, reuse, recycling, energy recovery, treatment and disposal and contains a range of options for future actions around waste minimisation, community education, collection and recovery, infrastructure and monitoring.

 

Council currently operates 6 landfill sites (Charlton, Wyche, Donald, Birchip, Culgoa and Nandaly) a recycle station at Watchem and a transfer station at Sea Lake. It is unlikely that Council will be granted Works Approval to open additional landfill sites which means existing airspace must be carefully managed. Once all of the current landfill sites are filled and rehabilitated all waste generated in the Shire will need to be handled through a system of Transfer Stations and transported to regional waste facilities. 

 

Council has no alternative but to close and rehabilitate the Nandaly site. There is no potential to extend the life of the existing site, or open a new site.

 

Given the small numbers of households from which waste is collected and the small volumes of waste collected there is no business case to construct a Transfer Station at Nandaly.  Waste collected from Nandaly will, as indicated earlier be transported to Sea Lake for disposal and processing.

 

Various options have been considered for the provision of some ‘bulk’ waste facility at Nandaly but the small volumes of waste recorded as being deposited at the current landfill simply do not justify any significant investment.

 

Given the small volumes it is proposed to locate a number of additional 120 litre putrescibles bins and 240 litre recyclable bins at the former Nandaly Recreation Reserve. The putrescibles bins will be serviced weekly and the recycling bins serviced fortnightly.  Council’s gardener will monitor use of the bins for the first few months and any necessary adjustments to the number of additional bins left at the collection site made as required.

 

The situation will be monitored by management and included on the agenda of contract management meetings with Council’s waste contractor.

 

Council will also review the services provided to Nandaly as part of the development of the specification for the next waste collection and processing contract. Preliminary work on the development of the contract specification for the next contract will commence in 2013/14.

3.       Financial Implications

Operating costs are minimal in the overall context of Council’s waste services budget:

·    Landfill operator 2 hours per week (including on costs) for 51 weeks per annum (closes on Good Friday) =  $5,100

 

·    3 x cover waste operations at a cost of $802.48 per operation = $2,407.00 (based on the last 12 months)

 

·    Purchase and cartage of clean fill to cover the cells.

 

If the landfill was to remain open Capital investment would need to include:

·    Ongoing maintenance and provision of skips and/or bins on a concrete base.  Recent installation of concrete base at Donald landfill is $10,000.

 

·    Compliance with ongoing WorkCover requirements for staff, in the vicinity of $10,000.

4.       Community Consultation

Rehabilitation of the Nandaly landfill is included in Council’s 2012 – 2022 Waste Management Strategy which was developed for discussion with the local community.

 

 A consultation period was held prior to final adoption of the strategy in July 2012.  

5.       Internal Consultation

Manager Works & Corporate Services has sought advice from the Assistant Manager Urban Areas & Environment and the Superintendent Waste & Environment.

 

Meetings and consultation were held with the CMRWMG as recently as 19 June 2013 to discuss the future of the Nandaly landfill; including data collection over a 7 year period. 

 

Legislative / Policy Implications

 

Buloke Shire Council Plan

 

Central Murray RWMG (2005) Central Murray Regional Waste Management Plan, Central Murray RWMG

 

Central Murray RWMG (2011b) Central Murray Regional Waste Management Group: Business Plan 2011/12 to 2013/14, Central Murray RWMG

 

EPA (September 2010) Best Practice Environmental Management: Siting, Design, Operation and Rehabilitation of Landfills, Publication no. 788.1, EPA, Melbourne

 

Victorian Government (2005) Towards Zero Waste Strategy, Victorian Government, Melbourne

 

The Environmental Protection Act 1970 includes a set of principles of environment protection to which regard should be given in administration of the Act.

 

These principles include the principle of waste hierarchy which states that

 

“...wastes should be managed in accordance with the following order of preference –

a)   avoidance

b)   reuse

c)   recycling

d)   recovery of energy

e)   treatment

f)    containment

g)   disposal”

 

The principle of waste hierarchy as defined by the Environment protection Authority is applied in conjunction with the other principles of environment protection, some of which include:

Ø integration of economic, social and environmental considerations

Ø improved valuation, pricing and incentive mechanisms

Ø shared responsibility and product stewardship

Ø The principle of integrated environmental management

 

Together these principles provide guidance for waste management decision making.

6.       Environmental Sustainability

 

While disposal of materials to landfill is the least preferred management option for waste, landfills will continue to be required to manage those wastes that cannot be practically removed from the waste stream. Today’s landfills must not leave an unacceptable environmental legacy for our children to address. As long as land fill remains part of our waste management strategy, best-practice measures must be adopted to ensure that landfills are acceptable to the public.

 

Rehabilitation of the Nandaly landfill will reduce risks to the ecosystem, now and into the future, by contaminated water and soil, potential odour and greenhouse gases.  Waste management is a shared responsibility between Council and the communities and moving towards best practice can only serve to contribute to environmental protection.

7.       Conflict of Interest Considerations

Nil

8.       Conclusion

Given the history and recent usage of the Nandaly landfill it is recommended that Council approve the closure of the landfill site at the end of August 2013. 

 

The provision of a small number of additional bins for the collection of putrescibles and recyclables will be provide at Nandaly for the next 12 months to accommodate any short term increase in demand.

 

In addition, Council staff will investigate the possibility of extending the current waste collection service to include properties outside of the main township of Nandaly. This would be considered as part of the new contract to commence in July 2014. 

 

 


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.2.1                 Nandaly Landfill - Closure and Rehabilitation

Attachment 1    Buloke Shire Council Waste Management Strategy 2012-2022

 

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Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.2    Permission To Seek Authorisation From The Minister To Prepare Buloke Planning Scheme Amendment C19 – Replacement Municipal Strategic Statement and Deletion of Four Local Planning Policies

Author’s Title:           Senior Planner

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

Attachments:

1       ViewProposed Municipal Strategic Statement

Relevance to Council Plan 2013 - 2017

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:                              Working with communities and other stakeholders in planning for and making decision about the future

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 consultative mechanisms.   

 

 

Motion:

 

That:

1.    Council note the information provided as part of seeking authorisation to prepare an Amendment of the Planning Scheme which proposes to do the following;

              - Introduce a replacement Municipal Strategic Statement

              - Delete four Local Planning Policies

 

2.    Approve the request to seek authorisation from the Minister for Planning to prepare Amendment C19 to the Buloke Planning Scheme to Introduce a replacement MSS and delegate four local planning policies.

 

Moved:             Cr STuart mclean

Seconded:      Cr Ellen White

Carried.

 

1.       Executive Summary

The current Municipal Strategic Statement of the Buloke Planning Scheme has not been updated since its induction in 1998. This report seeks authorisation for a planning scheme amendment that will replace the MSS to be sent to the Department of Planning and Community Development for authorisation to exhibit.

2.       Discussion

Amendment C19 seeks to introduce a new Municipal Strategic Statement that addresses a number of important elements and adheres to the Victoria planning practice note “How to write a municipal strategic statement.”

 

          The proposed Municipal Strategic Statement includes changes that reflect;

-     Changes to the State Planning Policy Framework

-     Changes to State planning policy and practice notes

-     Reflects recommendations of the three previous planning scheme reviews undertaken

-     Reframes Council priorities of long term strategic land use planning

-     Updates statistical data

-     Incorporates four local planning policies into the MSS data for better consistency

 

The Local Planning Polices proposed to be deleted are;

22.05     Environmental Management
22.06     Conservation of Native Flora & Fauna
22.07     Wildfire Protection
22.10     Sand Mining & Extractive Industry

 

The reason for the deletion of these policies are twofold; one, they have been incorporated into the proposed Municipal Strategic Statement as well as given strength through the changes to the State Planning Policy Framework and secondly, the changes to writing local planning policies and their applications have been made at a State planning policy level and this includes consolidating the Local Planning Policy Framework.

 

The proposed MSS correlates with the Buloke Council Plan themes of Community, Built environment, Natural environment and Economy. By utilising the same themes through the two documents it is proposed that strengthened links will create more consistent priorities and outcomes. The proposed MSS also seeks to incorporate strategies that directly impact on Buloke land use scenarios and acknowledge land use patterns such as predominant agriculture and complex zone interfaces due to historical land use patterns.

3.       Financial Implications

Preparation of the amendment is included in the operating budget of the Planning Department.

4.       Community Consultation

Meetings in all townships will be held to ensure that communities have the opportunity to provide input around their future strategic land use.

 

Keeping the community informed by advertising the proposed amendment in the local papers, on the Council website and notification in the Government Gazette will also be a priority.

5.       Internal Consultation

 Internal consultation has been undertaken with several staff members including the economic development officer and environmental compliance officer. Consultation with Councillors has been undertaken on several occasions to ensure consistency amongst council’s strategic documents and councillor’s position on a number of strategic land use directions.

6.       Legislative / Policy Implications

 Pursuant to Part 1 Section 4 (1)(d) of the Planning & Environment Act 1987 Council is obliged to implement the objectives of planning in Victoria

7.       Environmental Sustainability

The proposed MSS seeks to strengthen the natural environment through identifying strategies for appropriate and sustainable land use management.

8.       Conflict of Interest Considerations

          Nil

9.       Conclusion

It is recommended that permission to seek authorisation for this amendment be granted by Council to allow for the new Municipal Strategic Statement to go on public exhibition for community consultation. The document reflects the significant change in land use patterns and priorities since the original Municipal Strategic Statement for Buloke Shire Council in 1998 and will assist the council with future strategic land use planning considerations.


Buloke Shire Council Ordinary Meeting Minutes                                           Wednesday, 10 July 2013

7.2.2                 Permission To Seek Authorisation From The Minister To Prepare Buloke Planning Scheme Amendment C19 – Replacement Municipal Strategic Statement and Deletion of Four Local Planning Policies

Attachment 1    Proposed Municipal Strategic Statement

 

 

21.01 INTRODUCTION

 

21.01-01 MUNCIPAL PROFILE

 

Buloke Shire is a rural municipality located in north-west Victoria. The Shire has an area of some 8,000km2 and its economy is largely based on broadacre, dryland agricultural production. In 2011 the ABS estimated the shire had a total population of 6, 384.

Buloke Shire is located in the riverine plains and Murray-Mallee region of Victoria, approximately 300km North West of Melbourne and 180km south of Mildura. The Shire is characterised by vast agricultural plains extending from the sedimentary hills south of Charlton, north to the Mallee dunes and into the Wimmera region, interspersed by small settlements acting as service centres to the surrounding farming districts.

 

The Shire also plays a valuable role in the production of the State’s agricultural output, including $225 million as the gross value of agricultural production at the 2012 ABS data.

 

The Shire contains 5 townships and 5 hamlets, the largest of which is Donald with a population of over 1400 people. Approximately 64% of the population live in the urban centres of the Shire, with the remainder residing on farms throughout the rural areas.

 

The main urban centres of the Shire and their populations in 2011 were as follows: Birchip (683), Charlton (1,072), Donald (1434), Sea Lake (634), Wycheproof (686). Other smaller settlements include Berriwillock, Culgoa, Nandaly, Nullawil, and Watchem, which range in population from 50 to 140.

 

The population centres of Buloke Shire provide an important retail and industry function for the Shire. They provide a range of shopping facilities, medical and educational services and recreational facilities. While the key urban centres in the Shire each have a strong and unique identity, a number of features are characteristic of them all. These include: the strong focus on the core commercial area; the role of major highways in shaping settlement patterns and commercial development; the existence of an industrial precinct; and the strong delineation between urban and non-urban land use, defined by historic patterns of zoning and servicing.

 

Another feature of the Shire’s (and the region’s) towns is the way in which sympathetic rural, urban commercial and industrial land uses are interspersed. While towns in Buloke Shire do have identified commercial and industrial areas, historic patterns of development have created urban areas with mixed land uses.

 

The municipality has seen structural demographic change for several decades, this has resulted in outcomes such as the age structure of the Shire, in comparison to regional Victoria as a whole, has less representation in the younger age groups, particularly the ages between 18 and 35, and a relatively high representation in the age groups over 50. The relatively high proportion of lone person households is a reflection of the ageing nature of the community.


 

21.02 KEY INFLUENCES AND ISSUES

 

The key influences and related issues of how to respond to them in Buloke are:

 

Our Community              

       Settlement and Township Development

·    An Ageing Population – Accommodating and servicing older residents.

·    Population Decline – Mitigating and/or adapting to population decline.

·    The viability of urban centres - Maintaining or improving urban character, amenity and services, and encouraging development in urban centres.

·    Our Community value - Ensuring the participation within the community reflects in social capital outputs and indicators.


Our Natural Environment

Environment   

·    Environmental Values - Protecting biodiversity, native vegetation and natural landscape values.

·    Risk management - Minimising environmental risk, including salinity and floodplain management.

·    A changing climate - Mitigating and adapting to climate change.

Natural Resources

·    Providing viable futures - Managing natural resources sustainably.

 

Our Built Environment

Housing

·    A changing demographic - Ensuring diversity, availability and quality of housing stock

Heritage

·    Preserving heritage - Utilising the heritage values of the Shire to enhance the community.

Infrastructure

·    Financial viability - Providing and managing infrastructure, including Communications, Power, Sewerage and Water to provide for present and future needs.

 Transport

·    Future needs- Maintaining and improving the Shire’s connectivity, internally and to the rest of the region/state/world.

·    Minimising travel times

 

Our Local Economy

Economic Development

·    Viability - Encouraging economic activity in the Shire that increases incomes and opportunities for residents.

Agricultural Development

·    Future growth and opportunity  - Managing and encouraging sustainable agriculture

·    Preserving the value of agricultural land

·    Protecting valuable agricultural land from inappropriate settlement.

 

 

21.02 - 1 LAND USE THEMES:

 

The objectives, strategies and implementation, including policy guidelines, scheme implementation and further strategic work are outlined in the following clauses;

 

21.05  Our community
21.06  Our Natural Environment
21.07  Our Built Environment
21.08  Our Local Economy


 

21.03 THE VISION

 

The Council’s vision for the Buloke municipality as follows:

 

A sustainable community where everyone is actively encouraged to participate in community life to enrich the cultural, social, and economic viability of our Shire and to care for our most important asset, the natural environment.’

 

The Council Plan 2013-2017 also set key objectives and strategies for the Buloke Shire Council revolving around the strategic areas of community, local economy, built environment, natural environment, and people and organisation. The strategic objectives of the Council Plan may be summarised as:

 

·    Including, supporting, servicing and connecting a diverse community.

·    Recognising and supporting agriculture and business in the local economy; encouraging employment and investment.

·    Supporting current and long term sustainable agriculture; providing facilities and infrastructure that contributes to the well being of the community.

·    A shire that is working with the community to protect and enhance its natural environment.

·    Responding to the evolving needs of the community; managing risk and developing its people.

 

The 2006 strategic review Buloke 2015: A Partnership in Progress also identified priority actions including:

 

·    Facilitating new housing opportunities within existing township boundary areas

·    Encouraging the development of independent living opportunities for older people

·    Protecting and enhancing the environmental value of remnant vegetation and habitat

·    Working with local farming and agricultural groups to encourage sustainable farming practices

 

Among the priority projects committed to by Council that are of direct relevance to the planning scheme are:

·    Promoting the shire as a location for renewable energy production

·    Developing township structure plans

·    Implementing strategies to improve stormwater quality and enhance natural waterways

 

Reference Documents

Buloke 2015: A Partnership in Progress (July 2006)

Buloke Shire Council Plan 2009-2013

Buloke Planning Scheme Four Year Review of the MSS (July 2013)

21.04 STRATEGIC FRAMEWORK PLAN

The Buloke Shire Strategic Framework Plan (Figure One) sets out the general pattern for land use and development to respond to the key influences and issues to achieve the strategic vision for the municipality.

 

The framework plan identifies:

 

·    Major landscape features, including:

 

-     Richardson River

-     Avoca River

-     Lake Buloke

-     Lake Tyrell

-     The Mallee Plain

-     The Wimmera Flats

 

·    Major transport links, including:

 

-     Sunraysia Highway

-     Calder Highway

-     Mildura-Ballarat Railway line

-     Swan Hill-Bendigo Railway line

 

·    Townships and hamlets

 

·    Major community assets and infrastructure

 

·    Recreational Lakes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INSERT SETTLEMENT STRUCTURE PLAN    (FIGURE 1)

 

21.05 OUR COMMUNITY

 

This Clause provides local content to support Clause 11 (Settlement) and Clause 15 (Built Environment and Heritage - Part) of the State Planning Policy Framework.

 

Overview

 

The demographics and geography of the Buloke Shire are key influences on its settlement patterns and township development. Major demographic influences on the shire are an aging population and population decline. The shire has an older than average median age (45) compared to the rest of Australia (37). Declining population trends are similarly a key influence on the viability both of the shire’s capacity to maintain services overall, and to the shire’s urban centres of Donald, Charlton, Wycheproof, Birchip and Sea Lake, which are small towns spread over large distances. This makes local economies of scale difficult to achieve for economic activity and community development. Any tendencies to disperse population over the shire thus also pose challenges to the viability of its urban centres and the capacity for the shire to service its residents effectively and efficiently.

 

The main issues arising from these key settlement influences will be addressed through the following objectives and strategies:

 

Key Issues

 

·    Ageing Population – How to accommodate and service older residents.

·    Population Decline – How to mitigate and adapt to population decline.

·    Viability of urban centres - How to maintain or improve urban character, amenity and services, and how to encourage development in urban centres.

·    Community value - Ensuring the participation within the community reflects in social capital outputs and indicators.

   

Objective 1

 

To encourage accommodation and services that will meet the needs of a diverse population.

 

Strategies

 

·    Increase the mix of housing types and densities to reflect the needs of older people in the community

·    Encourage further public or private housing for the elderly within the Shire. Ideally these facilities should be established in key urban centres.

·    Encourage development that facilitates older people living at home.

 

Objective 2

 

To adjust to changing population demographics and attract residents to the Shire.

 

Strategies

 

·    Ensure future development maximises the range of existing services, infrastructure and facilities to encourage population retention and growth.

·    Ensure that threshold populations are determined and made apparent in order to retain services.

·    Work collaboratively with other key strategic partners who have links with the Shires changing demographics including health networks, education networks and social service providers.

 

 

Objective 3

 

To adapt to smaller populations where necessary and maintain sustainable communities.

 

Strategies

 

·    Maintain threshold populations within the defined urban centres of the Shire through urban consolidation where possible.

·    Encourage joint usage of existing facilities and the rationalisation of under utilised facilities.

·    Promote and encourage greater community involvement and self-sufficiency.

·    Ensure that all communities are provided with facilities in both a social and cost effective manner.

 

Objective 4

 

To develop vibrant, attractive urban centres within the Shire which provide high quality living environments, with ready access to a range of facilities and services.

 

Strategies

 

·    Encourage consolidation of development and growth to within the defined township boundaries of the large, serviced urban centres of the Shire to provide a sustainable population base, maximise services and promote opportunities for employment, investment and infrastructure development.

·    Avoid land use conflict between residential, industrial and rural land uses.

·    Protect residential amenity and improve the presentation of streetscapes and town centres.

·    Encourage the re-use of vacant housing stock where this does not affect residential amenity

·    Protect and enhance the quality of recreation facilities and the range of community services provided in the Shire.

 

Implementation

 

These strategies will be implemented by:

 

The use of policy guidelines

 

The exercise of discretion

 

·    The use of the Township Policy to promote high quality development that is consistent with the character of the Towns in Buloke Shire.

·    The use of the Discretionary Uses in the Township Zone Policy to provide a set of standards for non-residential developments that may have potential to impact on residential amenity.

·    By encouraging development that uses, or re-uses, sites within the existing urban area, maximising the use of infrastructure.

·    By encouraging residential development that offers housing forms best suited to the household structure and age-groups represented in the Shire.

·    Recognising the positive characteristics of urban centres, streetscapes and rural landscapes and encouraging the maintenance of these characteristics when deciding on applications for land use and development.

·    Encouraging opportunities for land use and development that sensitively re-use existing heritage buildings.

 

Applying Zones and Overlays

 

The application and use of the:

 

·    Township Zone to provide for a range of urban uses, while maintaining residential amenity in towns.

·    Business 1 Zone within existing town centres to promote a consolidation of commercial areas.

·    Business 4 Zone in peripheral highway commercial areas to reflect those commercial uses that are unsuitable for town centres.

·    Industrial 3 Zone, where sensitive uses are located adjacent to existing industrial development.

 

Further strategic work

 

·    Develop additional initiatives to retain and attract young people to the Shire.

·    Investigate the potential for development for older people close to services.

·    Continue to undertake an audit of recreational facilities to determine long term needs and maintenance requirements.

·    Develop and implement guidelines for the restoration and maintenance of heritage areas and features.

·    Investigate the population levels and characteristics needed to support government and private services and facilities, and monitor service changes in various centres.

 

Other actions by Council

 

·    Provision of Customer and Community Service Officers in five district centres.

·    Operation of HACC, Social Support, and Home Help Handyman program along with Senior Citizens Centres in eight towns.

·    Operation of Maternal Health Centres, Neighbourhood Houses and Pre-Schools.

·    Operation of VicRoads Agencies.

·    Support private and public sector provision of a range of housing in the community.

·    Maximise community involvement in the pursuit and management of community services.

 

21.06 OUR NATURAL ENVIRONMENT

 

This Clause provides local content to support Clause 12 (Environmental and Landscape Values), Clause 13 (Environmental Risks), Clause 14 (Natural Resources –part) of the State Planning Policy Framework.

 

Overview

 

The Buloke Shire Council faces environmental challenges such as wind erosion, salinity and floodplains. These challenges cause environmental degradation and impact on natural resources including agricultural land as well as impacting on life, property and community infrastructure. The need to plan appropriately for the environmental management of risks is critical to the Councils ability to respond to emerging impacts

 

The natural environment of the Buloke Shire is highly modified as a result of settlement and agriculture. The environment has many aspects of significance which need to be protected, for example remnant vegetation along roadsides, watercourses and rivers, and significant wetlands such as Lake Buloke, Lake Tyrell and the Wooroonook Lakes.

 

 

Key Issues

 

·    How to protect biodiversity, native vegetation and natural landscape values in Buloke Shire.

·    Environmental degradation – How to minimise and reverse the effects

·    Climate change – How to mitigate risk and adapt to climate change

 

 

Objective 1

 

To conserve remnant native vegetation and protect biodiversity throughout Buloke Shire.

 

Strategies

 

·    Prevent native vegetation removal and promote native revegetation where practicable.

·    Protect remnant native vegetation where it exists along roadsides and waterways.

·    Encourage the protection and enhancement of remnant vegetation through the development of linkages between existing areas, and by requiring proposals to retain and enhance vegetation where appropriate.

·    Regulate droving of livestock and manage road works to prevent areas of remnant vegetation being compromised.

 

Objective 2

 

To conserve the environmental value of the waterways and wetlands, including those at Lake Buloke, Lake Tyrell and the Wooroonook Lakes.

 

Strategies

 

·    Prevent inappropriate vegetation removal, waste water disposal and earthworks that negatively affect waterways and wetlands.

·    Promote the use of existing serviced areas for new development and discourage expansion into areas of environmental sensitivity.

·    Educate the community on the environmental sensitivity of land as an important economic and environmental resource which requires protection and careful management.

·    Discourage the removal of native vegetation from waterways

·    The precautionary principle will be used for all use and developments with unknown impacts

·    Incorporate CMA strategies that mitigate adverse impacts on waterways and wetlands into statutory and strategic planning considerations.

FLOODPLAINS

Objective 1

To ensure that new use and developments do not compromise the health of the catchment, a natural resource base.

 

Strategies

 

·    Manage activities on floodplains to maintain natural flows.

·    Accurately map floodwater regularly to ensure appropriate application of zones and overlays.

·    Educate the shire population about artificial barriers to natural water flows and their consequences

·    Maintain rural flows and natural conditions within waterways where possible.

·    Identify and implement coordinated land use strategies to deal with flood control.

 

WILDFIRE PROTECTION

 

Objective 1

 

To identify areas of wildfire risk and address issues of development with regard to that risk.

 

Strategies

 

·    Ensure that development applications meet the Country Fire Authorities guidelines.

·    Ensure native and remnant vegetation are within the Department of Environment and Primary Industries guidelines for permissible volume or offsets are set.

·    Minimise the threat and potential impact of bushfires throughout the shire through land use management.

 

SALINITY

 

Objective 1

 

To reduce the impact of salinity on development, rivers, soil, groundwater and areas of environmental significance.

 

Strategies

·    Discourage development in areas identified as subject to high levels of salinity unless a salinity management plan is prepared.

·    Manage the identified high recharge areas in the Shire with stringent planning controls.

·    Promote vegetation retention in high recharge areas and salinity tolerant vegetation in new developments.

·    Provide information on best practice land management to reduce impacts of salinity

 

 

WATERWAY MANAGEMENT

 

Objective 1

 

To recognise the contribution waterways make to the economy along with natural fauna and flora.

 

Strategies

 

·    Educate the Shire population about the economic value of health waterways.

 

Implementation

 

These strategies will be implemented by:

 

The use of policy and the exercise of discretion

 

·    Encourage planning permit applications that accommodate the management of land and water, and the enhancement of vegetation.

·    Requiring detailed site analysis to assess environmental impacts and land suitability for particular permit applications.

·    Encourage proposals for land use and development which incorporate measures to minimise the impact on remnant vegetation, including dead and hollow bearing trees.

·    Encourage proposals that provide areas of open space directly adjacent to existing vegetation or areas of public land.

·    High value remnant vegetation, including a broad vegetation type, ecological vegetation class of floristic community or sub-community which is classified as depleted, rare or endangered, should not be cleared.

·    Council will consider the advice of the Department of Environment and Primary Industries and the relevant Catchment Management Authority where sites include remnant vegetation, including grasslands and wetlands.

·    Applications for land use and development should demonstrate consistency with applicable regional vegetation plans and the vegetation and habitat recommendations of catchment-based strategies.

·    Should the land be identified to contain the habitat of a Victorian Rare and Threatened flora or fauna species the responsible authority should request the advice of the Department of Environment and Primary Industries to determine whether and under what conditions the proposed development should proceed.

·    High priority should be placed upon retaining remnant vegetation and habitat corridors in areas identified as habitat for Victorian Rare and Threatened Flora or Fauna species.

·    Approaches such as fencing pockets of remnant vegetation or providing vegetation corridors between pockets of remnant vegetation should be considered as requirements on permits where appropriate.

·    Using the Catchment Management Strategy to promote integrated farm management and

environmental protection, promoting vegetation and habitat enhancement, appropriate

water use and the protection of waterways.

·    Encourage applications that accommodate the management of land and water, and the

enhancement of vegetation.

·    Preventing earthworks that result in inappropriate concentrations of floodwater, or

directs water from a natural path to an area that would not otherwise experience

flooding.

 

By applying Zones and Overlays

 

·    Environmental Significance Overlay (ESO1) to waterways in the Shire to prevent inappropriate vegetation removal, waste water disposal and land forming.

·    Vegetation Protection Overlay (VPO1) to roadsides of identified significance to maintain habitat and promote vegetation linkages.

·    Land Subject to Inundation Overlay (LSIO) to areas identified as being subject to

flooding to prevent inappropriate rural, residential or industrial development that may have impacts on water quality.

·    Floodway Overlay (FO) to areas identified as being highly subject to flooding to prevent inappropriate rural, residential or industrial development  that may have impact on water quality and flows.

·    Urban Floodway Zone (UFZ) to areas identified as being highly subject to flooding to prevent any development and protect lives and infrastructure.

 

Further strategic work

 

·    In conjunction with adjoining local governments, the Department of Environment and Primary Industries and Catchment Management Authorities, identify areas subject to flooding, saline discharge and groundwater recharge areas.

·    Implement the Buloke Shire Roadside Management Guidelines to identify practices to minimise disturbance to roadside vegetation.

·    Establish appropriate stock routes that minimise environmental impacts.

·    In collaboration with other governmental departments, identify areas subject to salinity.

·    Amendment to remove sections of the Environmental Significance 2 Overlay from the Buloke Planning Scheme as a consequence of the pipeline and decommissioning of channels

 

Other Actions

·    In collaboration with the Environmental Officer undertake to produce information sheets for farmers regarding land use planning and environmental risks.

 

 

21.07 OUR BUILT ENVIRONMENT

 

This Clause contains local content to supplement Clause 19 (Infrastructure) and Clause 18 (Transport) Clause 16 (Housing) and Clause 15 (Built Environment and Heritage- Part) of the State Planning Policy Framework.

 

Overview

 

The sparsity of settlement throughout the Shire means that planning for infrastructure and transport must be efficient, logical and equitable. Utilising existing infrastructure and forward planning for future infrastructure provisions are of equal importance for Buloke Shire, as maintenance has a fundamental economic impact.

 

There are also numerous significant heritage buildings and places throughout the Shire listed and their consideration is provided for by the Heritage Overlay. Heritage assets in the Shire contribute to the character of the landscape and townships. The towns and rural areas of the Shire contain numerous historic buildings and sites acting as a reminder of the history and cultural heritage of the towns and surrounding area.

 

The principal transport infrastructure connecting the shire to the region and beyond is railways and highways. All major towns in the Shire have silo facilities at the railroad terminals. The significant network of highways and secondary roads connects the Shire to Melbourne, Sydney, Adelaide, Ballarat, Mildura and Bendigo. The Calder Highway tends to be used mostly by heavy vehicles and road transports from Melbourne, while the Sunraysia Highway is more generally used by rural transportations and tourists visiting Mildura. Increasing traffic volumes are being experienced through grain transports using major roads from Rainbow, Beulah, Birchip and Wycheproof. Local roads, which are the responsibility of the Shire, prove to be a major liability in terms of cost for the Council. 

 

The Shire also has limited airport infrastructure. The airstrips at Birchip, Charlton, and Donald have sealed runways and lighting, while Sea Lake and Wycheproof have grass runways.

 

Key Issues

 

·    How to utilise the heritage values of the Shire to enhance the community.

·    Maintaining and improving the Shire’s connectivity, internally and to the rest of the region,  

 state and the world.

·    Minimising travel times for residents.

·    Managing the costs and demands of local infrastructure maintenance given scarce  resources and sparse population.

 

TRANSPORT

 

Objective 1

 

To ensure new development is managed to take advantage of the existing road network without unnecessarily increasing the works requirements of Council.

 

Strategies

 

·    Development, (especially development that generates substantial traffic), should be directed to those roads that are able to support it.

·    The cost of upgrading roads for new development should not be unfairly imposed on the community and, where appropriate, the cost should be met by the developer.

 

Objective 2

 

To improve the Shire’s connectivity and reduce travel times, particularly given scarce resources and vast distances

 

Strategies

 

·    Maximise the availability and accessibility of internet resources and tools for Shire residents involved in business and community activities, particularly given the anticipated connection to the wireless National Broadband Network and potential future optic fibre connection.

 

 

 

 

 

RENEWABLE ENERGY

 

Objective 1

 

To facilitate the development of a more sustainable, renewable energy industry for the Buloke Shire.

 

Strategies

 

·    Promoting the Shire as a suitable site for renewable energy

·    Supporting community initiatives in favour of renewable energy

·    Encourage the upgrade of existing energy infrastructure to accommodate renewable energy projects.

 

TELECOMMUNICATIONS

 

Objective 1

 

To provide the Shire with access to efficient, affordable and modern telecommunication infrastructure.

 

Strategies

 

·    Encourage new providers into the region for competition

·    Recognise the positive contribution modern telecommunication has on economic development including rethinking employment.

·    Facilitate any upgrades of new instillations of telecommunication infrastructure

·    Promote the advantages of telecommunications to reduce isolation

 

INFRASTRUCTURE

 

Objective 1

 

To maintain and enhance the quality of infrastructure provision in the Shire

 

Strategies

 

·    Ensure proper situating of septic solutions in non sewered urban areas

·    Lobby for implementation of sewer infrastructure in smaller townships and support Domestic waste water management plans for each hamlet.

·    Lobby for upgrades to power supply infrastructure in the Council

·    Maintain levels of community, health and education infrastructure in the Shire by encouraging higher use.

·    Promote the advantages of existing infrastructure, including transport and the use of public transport facilities.

·    Protect areas of possible future transport expansion from development such as road reserves,

 

Objective 2

 

To encourage efficient use and development of infrastructure

 

Strategies

 

·    Encourage co location of developments where appropriate.

·    Inform the Shire population about costs associated with infrastructure maintenance.

 

 

 

 

Objective 3

 

To encourage development in key towns where provision of reticulated water, sewerage, power, communications, drainage and sealed roads is readily available

 

Strategies

 

·    Promote development in locations that have existing service connection options.

·    To discourage developments that require an extension of service delivery, unless costs are met by the developer.

 

Objective 4

 

To demonstrate that without the rationalisation process, infrastructure decline will continue due to lower patronage.

 

Strategies

 

·    Inform and consult with the Shire population about using infrastructure and prioritising essential infrastructure.

·    Promote the need to maintain threshold populations for infrastructure provisions.

 

HERITAGE

 

Objective 5

 

To protect the buildings, sites and artefacts of natural and man made heritage significance in the Shire and to utilise the heritage values of the Shire in order to enhance the community.

 

Strategies

 

·    To maximise the economic value and amenity, and unleash the potential of the Shire’s heritage places.

·    To preserve and maintain places of heritage value where practicable.

 

Implementation

 

These strategies will be implemented by;

 

The use of policy guidelines

 

The exercise of discretion

 

·    Developments requiring significant water infrastructure will be referred to the relevant water authority.

·    Industrial development in sewered areas will be strongly encourage to mitigate the impact of septic on groundwater.

·    Applications affecting Road Zone 1 will be referred to VicRoads.

 

Applying Zones and Overlays

 

Applying the:

·    The application of the Industrial 3 Zone (IN3Z) and Business 4 Zone (B4Z) to guide development.

·    The application of the Road Zones to ensure appropriate consideration of development that may affect significant transport routes

·    The Heritage Overlay to provide statutory protection for places with identified cultural and natural heritage values where practicable.

 

Through undertaking further strategic work

 

·    Identify and protect areas with potential to become Industrial areas.

·    Ensure the continual maintenance of transport routes by responsible authorities.

 

Other actions by Council

 

·    Support the improvement of electricity supply and capacity

·    Establishments, extensions or new designated areas for Industrial areas in the five major towns.

·    Request support for transport route maintenance.

·    Apply for funding from relevant bodies, such as Heritage Victoria, for the perseveration and maintenance of heritage areas used by the community.

 

 

21.08    OUR ECONOMY

 

This Clause contains local content to supplement Clause 14 (Natural Resource Management) and Clause 17 (Economic Development)  of the State Planning Policy Framework.

 

Overview

 

The key to providing for a vibrant community is the provision of an employment base. Although agriculture is the economic foundation of the Shire, the primary production areas such as cropping and grazing are limited in their capacity to provide direct employment to members of the community. Higher efficiencies within agricultural can still contribute to the Shire wide productivity outputs but  other such opportunities like value adding of local produce and manufacturing through the development and promotion of Rural Dependent Enterprises need to be supported to provide employment opportunities outside of agriculture.

 

Whilst the industry base of the Shire is small, increased opportunities and diversity in industrial developments in the Shire are critical to the creation of employment opportunities. Many of the existing key towns within the Shire contain vacant land zoned for industrial purposes. Traditional industries that support the agricultural sector such as repairs and servicing of agricultural machinery could be strengthened alongside opportunities for new industries that process raw materials and by-products of agriculture. Access to infrastructure, availability of affordable and serviced land, incentives, raw materials and markets are key considerations for the establishment and operation of successful industrial development.

 

The support for successful retailing will have a positive impact on the retention of population in the towns and contribute to the economic prosperity of the Shire. There is also the potential in the Shire for quality tourism development based on the Shire’s natural and built features, relying on its location relative to surrounding attractions such as the Murray River and the Goldfields. The annual duck shoot at Donald attracts significant numbers of visitors to the Shire as do other local events such as Country racing and the Mallee Rally.

 

Service industries incorporating opportunities for legal, finance, accounting business services and personal services have become increasingly important to support the primary production industry. This sector is also becoming more important as contracting out for such services, professional support, equipment and assets maintenance becomes the business trend.

 

In order to maintain and enhance the use of the Shire’s natural resources, including agricultural land, there needs to be a planning framework that allows for sustainable land use and development. Management of the most important economic asset needs to be high priority for the Shire.

 

 

 

 

Key issues

 

·    Managing and encouraging sustainable agriculture

·    Preserving the value of agricultural land

·    Protecting valuable agricultural land from inappropriate settlement.

·    Economic Development – How to encouraging economic activity in the Shire that increases incomes and opportunities for residents.

 

Objective 1

 

To protect productive farming land and ensure land use patterns of large, viable allotment sizes for broad acre cropping are maintained.

 

Strategies

 

·    Support research for ongoing farming efficiency and diversification

·    Encourage farmers to create farm plans

·    Encourage the use of Future Farming techniques including crop rotation

·    Consider land use patterns of surrounding areas before removing land from agricultural use

·    Actively support and promote the Birchip Cropping Group and other Agricultural Research and Development enterprise.

 

Objective 2

 

To support promote and facilitate sustainable, diverse and viable agriculture to provide for the long-term economic, social and environmental health of the Buloke Shire.

 

Strategies

 

·    Develop a Rural Land Use strategy.

·    Investigate innovative farming opportunities originating from the pipeline water supply

·    Investigate innovative farming opportunities originating from the governments approach to Climate change adaptation.

·    Encourage the revegetate areas of wind erosion vulnerability

·    Encourage the use of Future Farming techniques including crop rotation

·    Investigate where areas of soil structure decline are prominent within the Shire

·    Actively encourage track rationalisation for hoofed animals in areas of soil structure decline

·    Limit the fragmentation of productive agricultural land to maintain sustainable holdings.

·    Encourage and support agricultural diversification and sustainable farm practices.

·    Ensure that new development does not limit the viability of surrounding enterprises and reflects the optimum use of land.

 

The exercise of discretion

 

·    Using the Catchment Management Strategy to promote integrated farm management and environmental protection.

·    Promoting vegetation and habitat enhancement, appropriate water use and the protection of waterways.

·    Using the Rural Land Use Strategy to promote farm practice that

is sustainable and uses water and soil in an effective and sustainable way.

·    Encourage planning permit applications that accommodate the management of land and water, and the enhancement of vegetation.

·    Requiring detailed site analysis to assess environmental impacts and land suitability for certain permit applications.

 

 

Applying Zones and Overlays

 

Applying the:

·    Farming Zone (FZ) to identify areas of agriculture that needs to be protected.

·    Environmental Significance Overlay (1 & 2) to protect waterways and channels from insensitive land uses.

 

Further strategic work

 

·    Develop a Rural Land use strategy.

 

Other actions by Council

 

·    Continual support for the Birchip Cropping Group and other sustainable agricultural initiatives.

 

BUSINESS

 

Objectives 1

 

To encourage sustainable economic activity in the Shire that increases employment choices, incomes and opportunities for residents.

 

Strategies

·    Encourage growth and infill development in business areas.

·    Provide a broad range of services and facilities that is consistent with the role of the town in the settlement hierarchy.

·    Improve the presentation of the whole Shire, including strengthening the role, function and presentation of the streetscapes, commercial centres and facilities in the townships to provide a vibrant environment for development.

·    Investigate the re-use of key vacant commercial buildings.

·    Develop strategies for economic development in conjunction with regional municipalities.

·    Actively promote tourism products including items of natural and cultural heritage, landscapes, events and culinary products with a local focus, protecting the assets that contribute to that experience.

·    Encourage the development of a diverse range of accommodation options.

 

INDUSTRIAL DEVELOPMENT

 

Objective 1

 

To facilitate well planned and sited industrial use and development.

 

Strategies

 

·    Appropriate zoning of land for industrial estate developments

·    Guide development to maximise use of existing infrastructure

·    Ensure an adequate supply of serviced industrial land, requiring attractive and landscaped development.

 

Objective 2

 

To promote industrial use and development which adds value to local produce.

 

 

 

 

 

Strategies

 

·    Encourage business plans that demonstrate the benefits to the local economy.

·    Support Rural Dependent Enterprises that complement the agricultural production base of the Shire and are appropriately located.

·    Encourage the development of local enterprises based on processing of local products.

·   

 

Objective 3

 

To minimise conflict with other sensitive land uses such as residential areas.

 

Strategies

 

·    Require permit applications to show amenity issues being addressed proactively.

·    Encourage development in appropriate locations.

 

 

EXTRACTIVE INDUSTRY

 

Objective 1

 

To identify, facilitate and ensure that extractive industry is carried out in an environmentally sensitive manner including the site rehabilitation.

 

Strategies

 

·    Ensure applications are within the Department of Environment and Primary Industry guidelines for rehabilitation of sites.

·    Encourage the controlled development of mining and extractive industries, ensuring regard for community and environmental values and appropriate rehabilitation.

·    That proposed site operation be considered against the economic benefits and surrounding amenity.

 

Implementation

 

These strategies will be implemented by:

 

The use of policy guidelines

 

The exercise of discretion

 

·    The use of the Rural Land Policy to provide guidance for subdivision, value adding production and intensive agriculture.

·    The use of the Townships Policy to direct development to appropriate locations, enhance the presentation of the towns and to protect the amenity of residential areas.

·    Requiring detailed site analysis, where appropriate, for industrial and processing development in rural areas.

·    Preventing the loss of important cultural and natural landscapes and heritage places that contribute to the tourism product of the Shire

 

The application of Zones and Overlays

 

·    The application and use of the Township Zone to provide flexibility for non-residential development while maintaining residential amenity in towns.

·    The application and use of Industrial 3 Zone to identify established industrial areas within the urban area.

·    The application and use of Business 1 Zone to identify established commercial centres, or areas for potential town centre expansion.

·    The application and use of Business 4 Zone to identify those commercial areas on the fringe of towns with highway access, appropriate for large scale bulky goods retailing.

·    The application and use of Heritage Overlay to identify places of heritage significance.

 

 

Through ongoing strategic investigation

 

·    Prepare and promote tourism strategies in association with tourism boards.

·    Improve visitor signage in association with VicRoads.

·    Identify and protect areas with mining or extractive potential.

·    Continuously identify emerging tourism products and markets.

·    Develop a comprehensive database on existing and potential industrial and commercial properties and promote the provision of serviced land.

·    Investigate options for re-use of key buildings in urban areas.

·    Identify options for water sources to facilitate new agricultural industry and undertake land suitability studies to provide a basis for planning and development promotion in conjunction with the Department of Natural Resources and Environment.

 

Other actions by Council

 

·    Provide support to retailers through strengthening forums and chambers of commerce

·    Encourage retailers through the economic development officer to diversify their market presence and continuously up skill.

 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.3    Nullawil Community Complex Kitchen Upgrade

Author’s Title:           Recreation Officer

Department:              Assets and Infrastructure                               File No: CP/08/25

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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:                              Working with communities and other stakeholders in planning for and making decisions about the future

Priority:                                Continue to identify and pursue grant opportunities for community-based organisations across the Shire and provide support and assistance where appropriate   

 

Cr McLean declared an indirect interest in Item 7.2.3 on the basis that he is Deputy Chair of the Regional Development Australia Loddon Mallee Committee.

 

Cr McLean left the Council Chamber at 7.05pm prior to discussion of Item 7.2.3.

 

 

Motion:

 

That:

1.       Council support the Nullawil Recreation Reserve Committee of Management’s application to Regional Development Victoria’s Putting Locals First Funding Program for $75,000.

2.       Council instruct the Manager Assets & Infrastructure to write a support letter to accompany the Committee of Management’s application

3.       Council’s Community Development Officer and Recreation Officer continue to provide guidance in an advisory capacity through the grant application process and if successful the project construction process.

 

Moved:             Cr Gail Sharp

Seconded:      Cr Ellen White

Carried.

 

1.       Executive Summary

The Nullawil Community Complex is the home for a majority of the district’s community groups acting as a Senior Citizens building, Town Hall and meeting space as well as its core function as a Recreation venue for Football, Netball, Tennis and Cricket within the district. 

 

The complex regularly hosts training and information sessions that involve participants from across the region.

 

Nullawil Recreation Reserve Committee of Management has spent the last couple of years developing the kitchen upgrade project of the Nullawil Community Complex. 

 

The project was first flagged with DPCD in April 2010. 

 

The Reserve lies on Department of Sustainability and Environment (DSE) land with the Committee acting by direct appointment by DSE.

 

The project involves replacing kitchen benches, improving cooking amenities, upgrading power on site and increasing the cool room capacity. 

 

This is a key project within the Nullawil Community Plan.   The project is the number two priority in plan updated in November 2010 and was listed on Council’s 2012/13 capital budget.

2.       Discussion

The project has previously been supported by Council with money allocated in the 2012/13 budget for the project with the expectation funds would be gained through Regional Development Victoria’s Putting Locals First funding program and through community contribution.  FRRR are also being approached for funding and the project reflects a collaborative approach by Council, the community and resourcing bodies. 

 

The community is also contributing significant local funds totalling $25,000

 

Council’s Recreation Officer and Community Development Officer have been working with the group for the past two years assessing funding options, developing designs and framing the project to ensure that it is ‘shovel’ ready.

 

With Plans and specifications developed with financial contribution from Council, the project has reached the stage where a competitive Expression of Interest application can be submitted to Regional Development Victoria’s Putting Locals First Program.

 

The project has been estimated at approximately $105,000 inclusive of GST and due to the nature of the location and the Committee’s keenness to manage the Project, it is advised the Committee of Management act as Project Manager on the provision they have DSE support.

The Committee is seeking to gain $75,000 from the Putting Locals First program at a ratio of 3:1 with $25,000 committed already by the Committee for the project.

Council’s Community Development Officer is currently assisting the Committee with the application for funding and also alternative funding options to assist in ensuring the project is completed.

3.       Financial Implications

The support of this project will draw upon $75,000 of Putting Locals First Funds from Regional Development Victoria’s notional allocation to the Buloke Shire.

 

There are no direct financial implications except the provision of support from Council’s Community Development Officer and Council’s Recreation Officer.

4.       Community Consultation

There has been extensive consultation in the planning stages of this project including the Progress Association in identifying the project’s importance and the Recreation Reserve Committee of Management in developing the scope and outline of the Project.

5.       Internal Consultation

There has been extensive internal consultation with the Community Development Officer and Manager Assets & Infrastructure.

6.       Legislative / Policy Implications

Nil.

7.       Environmental Sustainability

Nil.

8.       Conflict of Interest Considerations

Nil.

9.       Conclusion

The Nullawil Community Complex is an important community facility within the Nullawil community.  Having rationalised a number of their community facilities over the years, upgrading the kitchen area, will provide the Nullawil Community with a much needed improvement in their cooking amenities ensuring improved capacity for larger functions and ensuring the needs of the whole community into the future.


Therefore it is suggested Council adopt the following recommendations;

 

That;

-     Council support the Nullawil Recreation Reserve Committee of Management’s application to Regional Development Victoria’s Putting Locals First Funding Program for $75,000.

-     Council instruct the Manager Assets & Infrastructure to write a support letter to accompany the Committee of Management’s application

-     Council’s Community Development Officer and Recreation Officer continue to provide guidance in an advisory capacity through the grant application process and if successful the project construction process.

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.4    Contract C10 - 2012/13 - Bituminous Surfacing

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: RO/27/13

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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 Council owned assets to ensure  essential services are provided and the community has access to quality  public facilities

Priority:                                Create and maintain the amenity and safety of the Shire’s townscapes, streetscapes and rural environments   

 

 

Cr McLean returned to the Council Chamber at 7.07pm prior to discussion of Item 7.2.4.

 

Motion:

 

That Council:

1.         Award the Contract (Contract No. C10 – 2012/13) for undertaking bituminous surfacing works comprising final seals, reseals, primerseals and associated linemarking works throughout the municipal district to Inroads Pty Ltd for the Schedule of Rates as tendered and for the Initial Contract Term from 1 July 2013 to 30 June 2014.

2.         Delegates authority to the Chief Executive Officer to approve payments to the Contractor for undertaking the works of the Contract.

 

Moved:             Cr Leo Tellefson

Seconded:      Cr Graeme Milne

Carried.

 

1.       Executive Summary

Following the expiry  of the previous Bituminous Surfacing contract, which was held by Inroads for six years (six by one year terms), Council advertised for a new Bituminous Surfacing contract.

 

The initial Contract Term of the Contract commences on 1 July 2013 and terminates on 30 June 2014 with options to extend for four (4) further individual twelve (12) month periods.

 

Works involved include the supply and application of bituminous surfacing comprising final seals, reseals and primer seals and associated line marking.

 

The tender closed at 2:00pm on Tuesday 18th June.

2.       Discussion

Four tenders were received for the above mentioned contract from the following firms:

·    Roads Corporation (trading as Sprayline)

·    Boral Resources (Vic) Pty Ltd

·    EDI Downer Works Pty Ltd

·    Inroads Pty Ltd

 

The evaluation panel met to evaluate these tenders. The Evaluation Panel used the weighted attribute method of tender evaluation and the significant assessments of the panel are tabulated below.

 

The panel noted that one tender was an alternative tender and did not meet the requirements of the specification, nor complete a majority of the schedules. This tender was deemed non-conforming.

 

All tenderers were considered highly experienced and reputable sealing contractors.

 

The panel having undertaken its evaluation reached the following conclusions –

·    Evaluation using the weighted attribute method resulted in the Tender Submission from Inroads Pty Ltd receiving the highest weighted score.

·    Inroads Pty Ltd has the expertise and capability required to undertake the work and they satisfy all the selection criteria.

·    No other tender offers a more beneficial or better Best Value outcome for Council than the tender submitted by Inroads Pty Ltd.

 

An appraisal of the tendered schedule of rates also indicates that the sealing program in the draft 2013/14 capital budget will be completed within budget parameters. The estimated cost of the draft 13/14 sealing program is $698,042.

 

The initial Contract Term of the Contract commences on 1 July 2013 and terminates on 30 June 2014 with options to extend for four (4) further individual twelve (12) month periods.

 

Options to extend the contract term may be offered at Council’s sole discretion subject to contractor performance and acceptance of any changes in procedures and work descriptions.

 

Each option will (if offered) be for a twelve (12) month period. Extensions to the contract will be limited to a maximum of four (4) such options. If all options to extend the contract are exercised the Contract would terminate on 30 June 2018.

 

Any option to extend the contract will be at the initiation of Council and prior to the expiration of the existing contract term.

3.       Financial Implications

The tender from Inroads was considered to offer the best value outcome for Council.

 

The sealing program is a major part of Council’s annual capital budget, and the schedule of rates indicates that the 13/14 sealing program will be within the draft capital budget.

 

The estimated cost of the draft 13/14 sealing program once the schedule of rates is applied to the program is $698,042.

4.       Community Consultation

Nil.

5.       Internal Consultation

Council staff have met with Council’s consulting engineers to evaluate the tenders.

6.       Legislative / Policy Implications

7.       Environmental Sustainability

Nil

8.       Conflict of Interest Considerations

Nil

9.       Conclusion

This is an extremely important contract for Council as it comprises one of the larger aspects of the annual capital works budget.

 

Inroad’s have been Council’s sealing contractor over the past six years and have completed works to a high standard during this time.

 

It is recommended that the Council award the Contract (Contract No. C10 – 2012/13) for undertaking bituminous surfacing works comprising final seals, reseals, primer seals and associated line marking works throughout the municipal district to Inroads Pty Ltd for the Schedule of Rates as tendered and for the Initial Contract Term from 1 July 2013 to 30 June 2014 and delegates authority to the Chief Executive Officer to approve payments to the Contractor for undertaking the works of the Contract.

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.5    Vic Roads Agency Agreement

Author’s Title:           Manager Works & Corporate Services

Department:              Works and Corporate Services                     File No: CA 0401

Attachments:

1       ViewVicRoads Agreement Report to Council 2007

2       ViewVicRoads Agency Agreement

3       ViewFacial Recognition Camera Space Requirements

4       ViewFacial Recognition Camera - Modifications to offices

Relevance to Council Plan 2013 - 2017

Objective:                            An organisation that is responsive to the evolving needs of the community.

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

Priority:                                Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.   

 

Motion:

 

That:

1.  Council work with VicRoads over the next 6 months to find alternative auspice organisations to provide VicRoads Agency Services in the five main towns across the Shire.

 

2.  In the event that no suitable alternative auspice organisation/s can be found by 31 December 2013 in any of the main towns across the Shire, Council continue to provide VicRoads Agency Services only from the Wycheproof District Office.

 

Moved:             Cr Leo Tellefson

Seconded:      Cr Gail Sharp

Carried.

 

1.       Executive Summary

Council’s current contractual arrangements to provide VicRoads registration and licencing services expired in March 2011. 

 

A new 3 year Agreement has been drafted by VicRoads but has not been signed, partly at VicRoads request, but also as a result of concerns by Council with some of the provisions of the Agreement.

 

Council received a report in July 2011 briefing it on changes to the Agreement. At the time Council resolved to defer the matter pending further discussion with Vic Roads regarding a number of changes to the Agreement; particularly:

a)   The need to nominate an Agency Liaison officer in each service centre

b)   Conditions relating to the supply of equipment, particularly new facial recognition camera requirements

c)   The ability for Council to nominate service hours in each of the proposed service locations.

A substantive review of the VicRoads Agency Arrangements was undertaken in December 2007 resulting in Council determining to agree to enter into the Agreement that concluded in March 2011.

 

Since the July 2011 report there has been ongoing discussion and correspondence between Vic Roads and Council. The negotiations have been protracted but progress has been made.

 

Recent advice from Vic Roads has resulted in some changes to the Agreement.  However, the more significant changes requested by Council to take account of our particular circumstances, principally the operation of five service points, have not been agreed by Vic Roads.

 

Ongoing concerns with the proposed new agreement include:

·    Agency fees (fees received by Council for each transaction) - Fees payable by VicRoads were increased as a result of a VicRoads state wide review of services, but in Council’s view continue to be inadequate given the requirements of the agreement. 

·    Installation of facial recognition cameras – The new agreement requires Council to upgrade the current portable digital cameras to fixed digital Facial Recognition Cameras (the estimated costs associated with building modifications are likely to be in the vicinity of $100,000.  This would be a one off cost.)

·    A requirement to appoint a full time Agency Liaison Officer at each of our five service points in addition to a Contract manager.  (Council’s preferred position is to appoint 1 full time Contract Manager to cover all five service points but VicRoads will not compromise on this point and require each service point to have a nominated Agency Liaison Officer.  While an existing staff member could be trained to take on this role at each of the current five service points this would result in additional cost to Council in order to provide coverage during lunch breaks, annual leave and other absences. Compliance with this requirement is estimated at an additional $120,000 per annum in recurrent costs.)

·    A shift in legal responsibility (risk) for errors in the issuing of licences or registration of vehicles. Under the new agreement Council would be required to accept full responsibility for compliance with all VicRoads requirements and regulations, including verification of identity and the provenance of vehicles, trailers, etc. The definition of responsibility has been extended to include ‘damages’ that could arise as a result of identity theft, registration of stolen/re-birthed vehicles, etc. (While this level of responsibility is inherent in the current agreement it is specifically highlighted in the proposed new agreement as a condition of acceptance. Compliance with this requirement adds additional pressures to the points made above in relation to qualified and trained staff and the role of the Agency Liaison Officers.)

·    The new agreement continues the current arrangements whereby monies collected by Council on behalf of VicRoads through daily transactions are required to be sent to VicRoads immediately on receipt. This adds additional cost to Council to constantly pay relatively small amounts to VicRoads. (Council preferred position to make monthly or quarterly payments is not possible under the terms of the proposed agreement.)   

As part of the negotiation process with VicRoads staff have undertaken a continuing review of the Agency Arrangements.

 

The Review suggests that VicRoads Agency duties equate to up to 40% of a Customer Service Officer’s (CSO) time depending on the District office, time that could be better used delivering Shire services. 

 

Based on these figures, under current arrangements (the operation of five service points) the level of ratepayer subsidy of VicRoads Agency arrangements is estimated to be between $80,000 and $100,000 per annum.  The principal component of this is the need to have VicRoads trained CSO’s at each of the District Offices during normal business hours. (Removal of this requirement across some of the offices would allow a wider range of staff to provide CSO coverage during lunch breaks and other times when a trained VicRoads CSO is not available.)

 

This report recommends that Council either work with VicRoads to find another auspice body for the provision of VicRoads Agency arrangements across the Shire, or reduce the level of service and only provide VicRoads Agency services from the Wycheproof Office. 

2.       Discussion

Council’s current contractual arrangements to provide VicRoads registration and licencing services expired in March 2011. 

 

Council considered a report in July 2011 on proposed changes to Vic Roads Registration and Licensing Agency Services arrangements.   VicRoads were offering a new three year agreement.

 

At the time Council resolved to defer the matter pending further discussion with Vic Roads regarding a number of changes to the Agreement; particularly:

a)   The need to nominate an Agency Liaison officer in each service centre

b)   Conditions relating to the supply of equipment, particularly new facial recognition camera requirements

c)   The ability for Council to nominate service hours in each of the proposed service locations.

 

Current situation:

 

Council currently provides VicRoads registration and licencing services from its five District Offices. 

 

The average number of VicRoads transactions across the five District Offices for the first 11 months of 2012/13 has been 289, an increase on the 12 month average of 251 transactions in 2011/12 and 216 in 2012/11.

 

Of the five District offices Donald is busiest. One third of all VicRoads transactions are processed through the Donald District Office.  Wycheproof is the second busiest office with 23% of monthly transactions followed by Charlton (20%), Sea Lake (19%) and Birchip (7%). Car and boat licence renewals are the biggest component of the business at nearly 25% of all transactions followed by the issue of Heavy Vehicle Log Books (12%), Shooters Licences (12%) and appointments for learner’s Permits etc. (7%). 

 

The services provided from each of the District Offices vary according to the capacity of the office and the practicalities associated with providing some of the services.

 

Full services are provided from each of the Wycheproof and Sea Lake District Offices. Birchip provides all services except vehicle and other registrations. Charlton and Donald provide all services except heavy vehicle registrations.

 

The range of services offered at each of the District offices obviously impacts the number and type of transactions undertaken but district population is also a factor.

 

A substantive review of these services was conducted in December 2007 (Appendix 1 – Report to Council 2007). 

 

A further review of the services was undertaken in 2011 resulting in the report to Council of July 2011. 

 

Negotiation and correspondence between Vic Roads and Buloke Shire has been ongoing since the July 2011 report and recent advice from Vic Roads has confirmed agreement to some changes to the proposed new three year Agreement.  A “marked-up” copy of the agreement; highlighting the proposed changes, suggested wording and some new additions included by VicRoads, is attached for the information of Councillors. (Appendix 2).

 

 

 

 

 

 

Clauses of primary significance are:

 

·     Continuous Improvement – Clause 3.6 – Page 7

·     Acceptance or Rejection of Authorised Personnel – Clause 4.6 – Page 9

·     Variations to the Services – Power to Vary the Agreement – Clause 6.1 – Page 11

·     Agency Authorised Personnel – Agency Liaison Officer – Clause 7.3 – Page 12

 

However, changes to accommodate the matters raised by Council following the July 2011 report (refer to items a), b) and c) above) have not been agreed by Vic Roads.

 

VicRoads have also not agreed to removal or rewording of Clause 18.6 (page 21 of Appendix 2) relating to the Removal or Replacement of Agency Authorised personnel.

 

When Council considered the matter in 2007 and again in 2011 a number of concerns were also raised about the changing nature of VicRoads expectations, particularly in relation to the non-recoverable costs borne to Council in providing the service.

 

The concerns raised in 2007 were:

·    Whether the fees paid to Council by VicRoads reflected the real costs of providing the service

·    Continuing increases in the costs of administrative, compliance and reporting obligations

·    The cost and practical implications of VicRoads training requirements

·    Increased risk to the Council from providing the service.

 

Despite the concessions made by VicRoads staff still believe the proposed new agreement fails to adequately address the concerns raised in December 2007 and July 2011. The proposed new agreement is seen to be even more prescriptive than the 2007 agreement in that it imposes new risk, financial and service obligations on Council.

 

In addition, from a service fee (payments received by Council per transaction) the proposed agreement continues to provide for fees to be paid to Council based on the type of transaction undertaken and VicRoads assessment of the time required to complete each type of transaction. The transaction time estimates used as the basis of the fee payable have been developed by VicRoads based on their own service centre experience. The agreement proposes the underlying fee rise from $29.00 per hour in 2011 with provision for a 2.5% CPI adjustment annually. The fee is currently $30.20 per hour excluding GST. 

 

The inadequacy of the proposed fee can be simply demonstrated in that the hourly cost to Council for a customer service officer is approximately $65.00 per hour (this includes all wages, on costs including uniforms and WorkCover and will vary slightly depending on the level of remuneration for individual CSO’s). 

 

The fee structure is a matter that staff have sought to raise with other municipalities and the MAV. While there is support and sympathy for the argument that the fee is inadequate and firmly calculated in VicRoads favour there is no apparent appetite to challenge VicRoads on the issue. The MAV was the coordinating body for the new Agency Agreement, including the fee structure, and the view is very much that if an individual Council does not agree with the adopted position, the solution is to case offering the service.  

 

Ongoing analysis of the proposed new agreement, and discussion with VicRoads, confirm that many of the obligations in the proposed new agreement remain substantially the same as the 2007 agreement and have only been changed to take into account changes in terminology and other similar matters.  Such matters include:

·    Hours of operation of the service

·    Training requirements

·    Confidentiality/privacy obligations

·    Insurance requirements – both public liability and professional indemnity

·    Audit arrangements and access to Council property or relevant Council records for the purpose of audit

·    Intellectual property ownership; and

·    Some reporting obligations associated with changes in personnel.

 

However, there are a number of matters in the proposed new Agreement that staff believe add to service delivery, compliance and reporting obligations of Council.  Meeting these obligations will add to the cost of providing the service and transfer more risk to Council.   For example, as indicated earlier, in the event that Council inadvertently became involved in an instance of identity fraud or vehicle re-birthing the agreement allows for VicRoads to seek to recover the cost of any necessary remedial action, including costs incurred by VicRoads in defending or initiating any legal proceedings related to the matter.  This is regarded as a significant shift in risk exposure. 

 

In the 2011 report to Council the following specific concerns were identified in relation to the proposed agreement.  These concerns still remain unresolved:

 

a)  The new agreement provides VicRoads with quite significant powers in relation to Council   staff. 

 

As contract principal, VicRoads needs to be satisfied that the Agency (Council -) has the personnel with the appropriate skills and competencies to deliver services on its behalf      and not expose VicRoads to risk. Nevertheless, the potential application of the requirements (some of which existed in the previous agreement) such as advising VicRoads of potential or actual industrial action that may affect the provision of the service, the power to reject

 

Council employees nominated as potential authorised officers, and the capacity to require the Council to replace or cease using personnel in the provision of the services, could create an industrial relations risk/employment dispute for Council.

 

b)  In addition to the position of Contract Manager that was documented in the 2007 agreement, and the authorised personnel of the Council being the CSO’s, the Agreement now requires the Council to appoint (in writing) an Agency Liaison Officer for each location (clause7.3). 

 

This remains one of the outstanding items that VicRoads has not agreed to vary in the new agreement. 

 

Much of this is due to the nature of Council’s operations and the service model which involves all of Council’s District offices. 

 

Other agency providers have one, maybe two outlets so this   is not a significant issue for them. 

 

In Buloke’s case it would require Council to nominate five Agency Liaison Officers.

 

The Table below shows the locations and operating hours of VicRoads Agencies in our neighbouring municipalities:

 

 

Name of Council:

 

Location:

 

 

Council operated?

Loddon Shire

Boort

Boort Resource & Information Centre

119-121 Godfrey Street

Hours Mon–Fri: 10am–1pm & 1.30pm-3.30pm

No

Wedderburn

Wedderburn Community House

24 Wilson Street

Hours Mon–Fri: 9am–5pm

No

Yarriambiack Shire

Hopetoun

Gateway Beet lnc

75 Lascelles Street

Hours Mon–Fri: 9am–5pm

No

Warracknabeal

Yarriambiack Shire Council

34 Lyle Street

Hours Mon–Fri: 9am–5pm

Yes

Gannawarra Shire

Kerang

Gannawarra Shire Council

Patchell Plaza

47 Victoria Street

Hours Mon–Fri: 8.30am–5pm

Yes

Cohuna

Gannawarra Shire Council

23–25 King Edward Street

Hours Mon–Fri: 10am–12:30pm & 1.15pm-4pm

Yes

Mildura Rural City Council

Ouyen

Mildura Rural City Council

79 Oke Street

Hours Mon–Fri: 8am–5pm

Yes

Northern Grampians Shire

St Arnaud

Northern Grampians Shire Council

40 Napier Street

Hours Mon–Fri: 8.30am–4.45pm

Yes

Stawell

Northern Grampians Shire Council

63-65 Main Street

Hours Mon–Fri: 8.30am–4.45pm

Yes

Swan Hill Rural City Council

Vic Roads Customer Service Centre

Swan Hill

Shop 1, 1 McNeill Court

No

 


c) Under the proposed agreement, either party may propose “a new technology or industry development” as a variation to the service, but neither party is obliged to accept the changes.

 

A detailed review of these provisions has occurred in light of VicRoads wanting Council to use new facial recognition digital camera technology for licensing functions.

 

On the face of it, the Agreement gives Council the ability to reject the proposed new technology and continue using the existing hand held cameras already supplied, but a further provision in the agreement would seem to negate that option and require Council to adopt the new cameras.

 

The new facial recognition cameras are “fixed” and carry with them a necessity to allocate a defined space for the cameras to be set up and operated.  Under the current arrangements a hand held camera is able to be used which provides for a degree of flexibility in the use and allocation of office space.

 

Vic Roads has previously advised that due to the new laws surrounding licence fraud, they are considering installing Facial Recognition Cameras in all state Agencies. The appended graphic demonstrates the requirements to install this new technology. (Appendix 3)

 


 

 

Even though Council has not signed the proposed agreement, an agency was engaged by VicRoads in October 2011 to assess the suitability of our offices to install facial recognition cameras.  The recommendations are significant and would require extensive relocation for some staff and equipment, including rewiring and underground cabling due to the need for connection     to Council’s computer network. In the case of Donald and Wycheproof some modifications to the building itself and/or relocation of staff are likely to be required to accommodate the space required for the new camera arrangements and at the same time maintain office security. None of these costs are funded by VicRoads. As indicated earlier estimated costs of the modifications are up to $100,000. Recommendations for each office are appended for the information of Council (Appendix 4).

 

Under Clause 6, Vic Roads may also vary the agreement (including the description or the scope of the services) to give effect to legislative or legal changes, or to achieve efficient and effective management of services or effective operation of Vic Roads business or IT systems. It requires Vic Roads to give 20 business days notice of the variation but the variation takes effect on the day the notice is given. These provisions seem to be contradictory. There doesn’t seem to be any scope to reject or negotiate changes.  For example, using the issue of new cameras referenced above, Council could be given 20 business days notice to implement the new cameras and, despite practical and financial implications, Council would be obliged to comply.

 

d) Despite CPI adjustment to payment for the various transactions provided under the Agreement the proposed fees to be paid to Council by VicRoads for the provision of Agency Services will continue to fall short of what it actually costs Council to provide the service. 

 

This is predominantly a consequence of Council’s providing services at all five District offices and wage and salary structures under the relevant awards and agreements.

 

Contributing costs factors to Council’s cost structure are:

·    Ensuring that adequate numbers of staff are available at all times at each of the five District offices during normal business hours. Given that only VicRoads trained staff can undertake duties, there have been times in the last 12 months where decisions have been made to close at lunchtime due to trained staff being unavailable.

·     Ensuring that all customer service staff and customer service relief staff are trained to VicRoads requirements. Staff turnover and retraining necessarily involves extra time and backfilling to ensure that training needs are met. This can mean having to pay a relief customer service officer for 3 hours while a permanent customer service officer attends training. Then pay the relief customer service officer another 3 hours to also attend the training.

·    Business support costs such as contract management by the Manager Works & Corporate Services and liaison by the Customer Service Coordinator; this does not include the request for increased liaison officers at each district office. In additions there are costs associated with office accommodation, technical support, support from other business units within the Council (Finance), the cost of proposed building modifications and associated OH&S costs (OH&S concerns include the fact that staff are often required to undertake physical inspections of vehicles (including under the bonnet) usually in the street. These inspections can last up to half an hour for large vehicles.  This also means that customer service staff are leaving their post and not available to conduct Council’s business and attend to Council’s customers by not being available to answer telephone calls or take counter enquiries etc.

As previously documented, the average hourly cost for a CSO to provide VicRoads Agency Services at Buloke is approximately $65.00 (this includes all wages and on costs, including uniforms and WorkCover). 

 

Under the agreement the hourly rate used by VicRoads to calculate transaction fees is $30.20, less than 50% of the cost to Council.

 

The transaction fee is also supposed to cover other costs borne by Council such as copying, participation in service audits, contract management meetings and refresher training. In the last 12 months these additional costs are estimated at approximately $10,500 (photocopying - $5,000, audits - $1,000 and refresher training - $4,500).

 

e) As previously highlighted, keeping staff fully trained is one of the major cost factors associated with the Agreement.

 

Since 2010 records have been kept to enable a better assessment of the true costs of proving the service in its current form.

 

Over the last three years each of the staff involved in providing VicRoads services have received a total of 60 hours training (a combination of full training (38 hours) and refresher courses (22 hours)). For each permanent customer service officer that attends training a casual officer needs to be brought in to cover which doubles the cost to Council. The 60 hours does not include the time for staff to travel to the designated training centre. Training alone therefore can cost Council a little over $12,000 per annum.

3.       Financials

As indicated earlier, the review work undertaken suggests VicRoads Agency arrangements equates to 40% to 50% of a Customer Service Officer’s time (depending on the District office).

 

As also indicated earlier, under the VicRoads Agency agreement Council is based on a transaction basis, not the actual time taken by a CSO to complete the transaction.

 

The Table below shows, in conservative terms (40% of a CSO’s work time), the level of “subsidy” ratepayers paid for the provision of VicRoads Agency services for the last 12 months as calculated using the VicRoads transaction allowances as the base.

 

 

Item

Reimbursement

(Cost to VicRoads)

Actual Cost

(Cost to Council)

372 hours transacted (based on VicRoads transaction estimates)

$11,234

$24,180

20 hours training (not including travel)

Nil

$1,300

50 hours contract management

Nil

$5,500

Relief Staff - training

Nil

$1,300

Relief – Lunchtime

Nil

$11,700

Relief – Leave etc.

Nil

$15,808

7 audits – 14 hours minimum (Customer Services Coordinator)

Nil

$1,000

Photocopying – 16,600 copies

Nil

$4,980

TOTAL

$11,234

$54,068

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Not included:

·    finance staff time,

·    time to compile Agency Claim forms and preparation of tax invoices,

·    time taken to collate Agency and Licence Fee returns,

·    outgoings (office accommodation, electricity, etc.)

 

Even at this most simple of levels, ratepayers are subsidizing the service at nearly a 5:1 ratio.

 

Taking into account that the VicRoads transaction times are considered to be an inadequate measure of the time actually taken for an average transaction the ‘real’ cost of the service as likely to be much higher than this estimate. A less conservative analysis suggests that the level of subsidy is likely to be between $80,000 and $100,000 per annum. The analysis is however likely to be a reasonable estimate of real savings if Council were to totally withdraw from the service. The requirement to appoint an Agency Liaison Officer at each of the District offices as required by the new agreement will increase these costs as it will be required that a trained officer is available at all times.

 

4.       Service Options 

Previous reports to Council on this matter have identified a number of service options for consideration by Council.   Despite the time that has passed since this matter was last put before Council the options have not changed.   Available options are:

 

Option1: Status Quo

 

Under this Option Council would continue to provide VicRoads Agency Services from all five District offices.

 

The Option has the advantage of continuing services as they currently operate. Residents would continue to access VicRoads services at the five District Offices. The number of transactions is not predicted to change dramatically over time which means that current staffing arrangements are likely to be stable well into the future except for meeting VicRoads requirements.

 

The disadvantage of this Option is that to continue will require further capital investment to accommodate the new technologies being introduced by VicRoads (digital facial recognition0 and new staffing arrangements to accommodate the need for an Agency Liaison Officer at each District Office. 

 

There are cost implications arising from this Option of up to $100,000 in building upgrades to accommodate the technology and an as yet unknown additional recurrent cost associated with meeting contractual obligations.   

 

Option 2: Discontinue VicRoads Agency arrangements

 

Under this Option Council would discontinue the provision of VicRoads Agency Services at all of its District offices.

 

Residents seeking to access VicRoads services would need to transact their business by telephone, internet or travel to the nearest VicRoads service location (St Arnaud, Wedderburn, Boort, Kerang, Swan Hill, Ouyen, Warracknabeal or Horsham). 

 

The Option has the advantage of withdrawing Council from the provision of VicRoads services entirely.

 

The disadvantage of the Option is that unless VicRoads actively seeks to find another service provider residents will need to use the internet or to travel outside of the Shire to access VicRoads services.

 

There are cost savings to Council through adoption of this Option arising from increasing flexibility for the management of CSO’s, readjusting administrative workloads to accommodate the additional hours available to the CSO’s.   Readjustment of workloads could result in staff savings of at least 2EFT across the organisation.

 

Option 3: Discontinue VicRoads Agency arrangements and work actively with VicRoads and local communities to find other local auspice organisations

 

This Option is a variation of Option 2 above.

 

Under this Option Council would withdraw from the provision of VicRoads Services at all of its District Office locations and gain the benefit from this while at the same time working with VicRoads to find other auspice organisations.

 

There are precedents for this approach.  VicRoads Agency arrangements in other rural municipalities are provided by not-for-profit organisations such as Community Resource centres and Neighbourhood Houses. Whether it is possible to find an alternative organisation in each of the five main towns of the Shire could be a challenge but again precedents exist with at least one of the Community Resource Centres already involved in agency arrangements. The attraction of such arrangements to Community Resource Centres s that it offers a secure funding source which can assist with long term sustainability as well as providing another key service connection to the local community.

 

Council has recently negotiated the transfer of agency arrangements for the provision of Federal Government services from the Sea Lake District office to a local business which demonstrates that this form of service transfer is possible.  

 

Providing Council does not get involved in sponsoring alternative auspice organisations the potential exists for the same cost savings as outlined in Option 2 above.

 

Option 4: Provide VicRoads Agency Service from only the Wycheproof District office

 

Under this Option Council would cease providing VicRoads Agency services from the Donald, Charlton Sea Lake and Birchip District Offices but continue to provide the service from the Wycheproof District Office.

 

Under this Option Council would withdraw the provision of VicRoads Services from all of its District Office locations with the exception of Wycheproof. This would gain the benefit of increasing the flexibility of CSO’s at the other District offices while still providing a service to the community from a central location. As Wycheproof is already staffed by two fully trained staff able to provide VicRoads services this Option addresses some of the problems identified earlier in terms of Agency Liaison Officers and the need for a bank of trained relievers.

 

The disadvantage of this Option would be the need to address the need to appropriately locate a digital facial recognition camera. Resolving this problem in one location is however going to be less costly than having to do the same thing 5 times over. This Option also does not resolve some of the other concerns relating to the proposed VicRoads Agency agreement, most significantly those related to risk.  It does however increase the capacity to ensure risk is minimised through the consistent use of trained staff.

 

Cost savings will accrue from implementation of this Option through reduced demands on staff, an increase in administrative capacity at the other 4 District offices and less costs associated with implementation of the new VicRoads agreement. 

 

Other Options

 

There are undoubtedly other Options that could be pursued that are either variations on the four outlined above, or include aspects of them.  

 

Concluding Comments

 

The fact that there has been a slow but steady increase in VicRoads Agency transactions at the District offices over the last 3 years suggests that despite the impact of technology there is a community demand for VicRoads Services in the Shire.  Whether those services are provided by Council or someone else is a moot point. Experience from other rural Shires suggests that these services can be successfully provided by other auspice organisations without Council involvement.

 

The average number of VicRoads agency transactions across the Shire over the last three years has slowly increased but even during periods of greatest demand the number of transactions rarely exceeds 10 per day across the whole of the Shire. Based on VicRoads transaction estimates this equates to a total time commitment of less than 1.5 hours per day.

 

Seen from this perspective the need for Council to commit the resources it does to the provision of the Service must be seen as questionable. The scale of the business is such that it should be attractive to providers unencumbered by the rules and regulations that impact Council.

 

Removal of the service altogether is likely to create some anxiety in the community and therefore points Council in the direction of making the decision to withdraw from the service on condition that another auspice organisation/s can be found to take on the role as detailed in Option 3.

 

If finding an alternative auspice/s is not possible (Option 3) the second most attractive Option is to pull the service back to one location, Wycheproof (Option 4). The Wycheproof District office is the only Office set up to be able to appropriately provide this service on an ongoing basis. Some capital investment would be required to meet the requirements of the new Agreement but location of the service at Wycheproof offers the best opportunity to continue to provide the service while taking conscious action to constrain costs.

 

If Council determines to progress Options 2 to 4 it will need to develop a communication strategy with the community that adequately details what is being done and why. The strategy needs to emphasise that it is VicRoads, not Council, which has a primary responsibility for licensing and registration in Victoria, and that continuing to provide the service in the same manner as it has in the past will require increased reliance on ratepayer funds. Assisting with re-auspice of the service would also be a positive act by Council.  This is another reason why Option 3 is seen to be a positive resolution of this situation.

5.       Community Consultation

There has been no community consultation as part of the preparation of this report or the internal review work that has been undertaken as part of its preparation. 

6.       Internal Consultation

Extensive consultation has taken place between the Manager Works & Corporate Services, Customer Service Coordinator and other staff during the preparation of this report.

 

External legal advice has also been sought with regards to aspects of the proposed VicRoads Agency Agreement.

7.       Legislative / Policy Implications

If the Council determines to maintain the status quo, a 3 year contract will be entered into with VicRoads that contains a number of compliance, reporting and other obligations.

8.       Environmental Sustainability

Nil

9.       Conflict of Interest Considerations

Nil

10.     Conclusion

It is recommended Council take action to withdrawn from the provision of VicRoads Agency Services and work with VicRoads over the next 6 months to find alternative auspice organisations in all five of the main towns across the Shire.

 

In the event that no alternative auspice organisations at any location across the Shire can be found by 31 December 2013, Council continue to provide VicRoads Agency Services only from the Wycheproof District Office.


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.2.1                 Vic Roads Agency Agreement

Attachment 1    VicRoads Agreement Report to Council 2007

 

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Buloke Shire Council Ordinary Meeting Minutes                                         Wednesday, 10 July 2013

7.2.1                 Vic Roads Agency Agreement

Attachment 2    VicRoads Agency Agreement

5                                                                                                                                                                                                                                                                                             

 

 

 

 

 


                                                                           

 

Agency Services Agreement

Roads Corporation trading as

VicRoads

and

Buloke Shire Council

 

Version 1.1

 

March 2011

Table of contents

Parties...................................................................................................................................... 5

Background............................................................................................................................. 5

Operative provisions.............................................................................................................. 5

1        Term................................................................................................................................ 5

Term of agreement.......................................................................................................... 5

Holding over.................................................................................................................... 5

Services and Appointment............................................................................................... 5

Cooperation..................................................................................................................... 5

2        Transition In................................................................................................................... 5

3        Supply of Services......................................................................................................... 5

Services........................................................................................................................... 5

Standard of Services........................................................................................................ 6

Provision of Services....................................................................................................... 6

No exclusivity................................................................................................................... 6

Continuous improvement................................................................................................. 6

Compliance with laws, policies and directions.................................................................. 6

Protection of information systems.................................................................................... 7

Industrial relations............................................................................................................ 7

Notice requirements......................................................................................................... 7

4        Delegated Services and Authorised Personnel.......................................................... 7

Delegated Services.......................................................................................................... 7

Authorised Personnel...................................................................................................... 7

Acceptance or rejection of Authorised Personnel............................................................ 8

Responsibility for Authorised Personnel.......................................................................... 8

Training of Authorised Personnel.................................................................................... 8

Delegation of Authority to Authorised Personnel............................................................. 8

5        Transition Out................................................................................................................ 9

Development of Transition Out Plan................................................................................ 9

Transition Out.................................................................................................................. 9

6        Variations to the Services........................................................................................... 10

Power to vary Agreement............................................................................................... 10

7        Agency Authorised Personnel................................................................................... 10

Agency Contract Manager.............................................................................................. 10

Agency Liaison Officer................................................................................................... 10

Agency Authorised Officers........................................................................................... 10

Availability of Authorised Personnel............................................................................... 10

Responsibility of Authorised Personnel......................................................................... 10

8        VicRoads Authorised Personnel................................................................................ 11

VicRoads Contract Manager........................................................................................... 11

Appointment of VicRoads Representatives.................................................................... 11

Availability of VicRoads Authorised Personnel............................................................... 11

Responsibility for VicRoads Authorised Personnel........................................................ 11

9        Supplied Property........................................................................................................ 11

VicRoads may provide.................................................................................................... 11

10      Fees and payments..................................................................................................... 11

Fees and other payments.............................................................................................. 11

Suspension of payments................................................................................................ 12

Set-off........................................................................................................................... 12

Taxes............................................................................................................................. 12

Goods and services tax.................................................................................................. 12

CPI Variation.................................................................................................................. 12

11      Customer Payments.................................................................................................... 13

Agency may receive Customer Payments...................................................................... 13

Holding Customer Payments.......................................................................................... 13

12      Reports, information and records.............................................................................. 14

Reports.......................................................................................................................... 14

Information..................................................................................................................... 14

Records......................................................................................................................... 14

13      Audit and review.......................................................................................................... 14

Audit.............................................................................................................................. 14

Periodic reviews............................................................................................................. 14

14      Intellectual Property.................................................................................................... 14

Pre-existing IP............................................................................................................... 14

Developed IP................................................................................................................. 15

Licence to Agency......................................................................................................... 15

Licence to VicRoads...................................................................................................... 15

No infringement............................................................................................................. 15

Moral rights.................................................................................................................... 15

Signage.......................................................................................................................... 15

15      Confidentiality............................................................................................................. 15

Obligations of confidence.............................................................................................. 15

Compliance and undertakings by Personnel.................................................................. 16

Provision of Confidential Information at VicRoads' discretion......................................... 16

Return of Confidential Information................................................................................. 17

16      Privacy.......................................................................................................................... 17

Disclosure of Personal Information to VicRoads............................................................ 17

Information Privacy Principles........................................................................................ 17

Section 92 of the Road Safety Act 1986........................................................................ 17

17      Insurance..................................................................................................................... 18

Policies.......................................................................................................................... 18

Insurer and terms........................................................................................................... 18

Evidence of insurance................................................................................................... 18

Failure to insure............................................................................................................. 18

18      Subcontracting and Personnel.................................................................................. 18

Subcontracting............................................................................................................... 18

Agency remains liable.................................................................................................... 19

Removal or replacement of Agency Authorised Personnel............................................ 19

Warranties...................................................................................................................... 19

19      Warranties.................................................................................................................... 19

General Warranties........................................................................................................ 19

Performance of Services............................................................................................... 20

Improper inducement, influence or behaviour................................................................ 20

20      Indemnity...................................................................................................................... 21

21      Dispute Resolution..................................................................................................... 21

Parties must follow dispute resolution procedures......................................................... 21

Parties must use best efforts to resolve Disputes.......................................................... 21

Meetings to attempt to resolve Dispute.......................................................................... 21

Performance of obligations............................................................................................ 21

Interlocutory relief and right to terminate....................................................................... 21

22      Termination.................................................................................................................. 22

Termination for cause - VicRoads.................................................................................. 22

Termination for cause - Agency..................................................................................... 22

Termination for convenience......................................................................................... 22

23      Consequences of expiry and termination................................................................. 22

Return of property......................................................................................................... 22

Transition Out................................................................................................................ 23

Survival.......................................................................................................................... 23

24      Notices......................................................................................................................... 23

Giving notices................................................................................................................ 23

Change of Party Details................................................................................................. 23

Time notice is given....................................................................................................... 23

25      Limitation of Agency................................................................................................... 24

Limitation........................................................................................................................ 24

Appointment................................................................................................................... 24

26      Miscellaneous.............................................................................................................. 24

Approvals and consents................................................................................................. 24

Assignments and transfers............................................................................................. 24

Costs............................................................................................................................. 24

Effect of legislative change............................................................................................ 24

Entire agreement........................................................................................................... 24

Execution of separate documents.................................................................................. 24

Further acts................................................................................................................... 25

Governing law and jurisdiction....................................................................................... 25

Joint and individual liability and benefits......................................................................... 25

Severability.................................................................................................................... 25

Waivers.......................................................................................................................... 25

27      Definitions and interpretation.................................................................................... 25

Definitions...................................................................................................................... 25

Interpretation................................................................................................................. 28

Execution and date............................................................................................................... 29

 

Schedule 1............................................................................................................................. 30

Contract Information...................................................................................................... 30

Schedule 2............................................................................................................................. 33

Services and Delegations............................................................................................... 33

Schedule 3............................................................................................................................. 35

Fees and Payments....................................................................................................... 35

Schedule 4............................................................................................................................. 36

Confidentiality Deed....................................................................................................... 36

 


Buloke Shire Council Ordinary Meeting                                                               Wednesday, 10 July 2013

7.2.1                 Vic Roads Agency Agreement

Attachment 2    VicRoads Agency Agreement

5                                                                                                                                                                                                                                                                                             

Parties

Roads Corporation trading as VicRoads ABN 61 760 960 480 of 60 Denmark Street, Kew, Victoria, 3101

The Agency named in Schedule 1.

Background

A       The Agency has previously provided services of the type described in Schedule 2.

B       VicRoads wishes to engage the Agency to provide certain services to VicRoads.

C       The Agency agrees to provide, and VicRoads agrees to receive, the Services on the terms and conditions set out in this Agreement. 

VR Original wording:

A    Vic Roads wishes to engage the Agency to provide certain services to Vic Roads.

B    The Agency agrees to provide, and VicRoads agrees to receive, the Services on the terms and conditions set out in this Agreement.

Operative provisions

1              Term

Term of agreement

1.1       This Agreement commences on the Commencement Date as set out in Schedule 1 and will continue until the expiry date as set out in Schedule 1, unless terminated earlier in accordance with this Agreement. 

VR Original wording: This Agreement commences on the Commencement Date and will continue in force until the Expiry Date, unless terminated earlier in accordance with this Agreement.

Holding over

1.2       If the Term expires and VicRoads has not negotiated a new arrangement with the Agency, or terminated this Agreement, the dealings between the parties will be on a day to day basis (Holding Over Period) and will continue to be governed by the terms of this Agreement.  Either party may, in its absolute discretion, immediately terminate any Holding Over Period by giving 60 days' notice in writing to the other party. 

Services and Appointment

1.3       VicRoads appoints the Agency to provide the Services and the Agency accepts its appointment to provide the Services.

Cooperation

1.4       The parties will cooperate and assist each other to ensure the timely progress and performance of the Services.

2     Transition In

2.1       The Agency will comply with all obligations for transition-in as may be specified in Item 3 of Schedule 1.

3     Supply of Services

Services

3.1       The Agency will:

3.1.1         provide the Services to VicRoads;

3.1.2         only supply the Services from the Agency's Premises listed in Item 5 of Schedule 1;

3.1.3         provide any incidental or related services not set out in Schedule 2 but which are incidental to, or essential for, the proper performance and provision of the Services;

3.1.4         ensure that the Agency's Premises are open to provide the Services during the hours agreed to with VicRoads;

3.1.5         Agency must notify in writing to VicRoads, giving one month’s notice, of any proposed changes to operating hours; and

3.1.6         provide any additional services that the parties may agree in writing to be provided under this Agreement in accordance with clause 6, from time to time; and

Standard of Services

3.2       The Agency must provide the Services:

3.2.1         promptly, carefully and to appropriate standards;

3.2.2         exercising all due care, skill and judgement, in an efficient and professional manner; and

3.2.3         in accordance with any reasonable instructions or directions given by VicRoads Authorised Personnel.

Provision of Services

3.3       The Agency must perform the Services itself and may not engage any third party to perform any part of the Services on its behalf without the prior written consent of VicRoads.

No exclusivity

3.4       The appointment of the Agency under this Agreement is non-exclusive.  It does not restrict VicRoads' right to contract with other persons for the performance of services similar to the Services, or to perform any similar services itself. 

Continuous improvement

3.5       VicRoads seeks to continuously improve processes and reduce its costs in respect of the Services.   

3.6       Either party may propose that a new technology or other development be implemented by the Agency as a variation to the Services in accordance with clause 6. Prior to any new technology being implemented by VicRoads, VicRoads must consult with the Agency and take into consideration matters raised by the Agency. VicRoads may (but is not required to) provide any assistance it considers necessary to assist the Agency to implement new technology or other developments. Notwithstanding the foregoing, nothing in this Agreement obliges either party to accept any new technology or industry standard. 

 

Original Agreement wording: Either party may propose that a new technology or industry development be implemented by the Agency as variation to the Services in accordance with clause 6. Notwithstanding the foregoing, nothing in this Agreement obliges either party to accept a new technology or industry development.

 

BSC Suggested Wording: Either party may propose that a new technology or other development be implemented by the Agency.  Prior to any new technology being implemented by VicRoads, Vic Roads must consult with the Agency and take into consideration matters raised by the Agency.  VicRoads may (but is not required to) provide any assistance it considers necessary to assist the Agency implement new technology or other developments.

 

Compliance with laws, policies and directions

3.7       The Agency must:

3.7.1         hold all licences, permits, consents and authorisations required under any law to provide the Services;

3.7.2         comply with the requirements of all laws of any kind applying to the provision of the Services;

3.7.3         comply with such standards, operating principles, policies and procedures as notified by VicRoads from time to time, including but not limited to:

(a)     the relevant Guidelines (Guidelines) for the Services as issued by VicRoads;

(b)     to the extent that the Agency does not have its own policies in force, VicRoads' occupational, health and safety policies, equal employment opportunity policies and environmental policies; and

(c)     any relevant Victorian State Government policies to the extent that such policies relate to the provision of the Services.

Protection of information systems

3.8       If the Agency is given access, or otherwise accesses any of VicRoads' information technology systems (Systems) in connection with its provision of the Services, the Agency must:

3.8.1         take all reasonable care in utilising the Systems including all hardware, software and applications and observe all relevant security procedures, access policies and work practices, and without limiting the foregoing, abide by the Online Access Terms;

3.8.2         not interfere with or disrupt or cause any damage to the Systems; and

3.8.3         ensure that the Systems are protected from unauthorised access or use, misuse, damage or destruction by any person. 

Industrial relations

3.9       The Agency must comply with all of its industrial and employment obligations, including those under any industrial awards by which it is bound.  The Agency must immediately notify VicRoads of any actual, suspected or threatened industrial action which may affect the provision of the Services. 

Notice requirements

3.10     The Agency must notify the VicRoads Representative if it is unable to provide the Services from any of the Agency's Premises specified in Schedule 1 for any reason.

3.11     Notification under clause 3.10 does not relieve the Agency from any of its obligations under this Agreement.

4     Delegated Services and Authorised Personnel

Delegated Services

4.1       Schedule 2 may specify that certain components of the Services are Delegated Services.  Delegated Services must be performed by a person that has a Delegation of the relevant legislative power from VicRoads and are Authorised Personnel under this Agreement.  If the Agency has more than one Premise at which it supplies the Services, then the Agency must have Authorised Personnel at each of those Premises to provide the Delegated Services supplied at those Premises.

4.2       The Authorised Personnel may only perform those Delegated Services permitted under Schedule 1.

Authorised Personnel

4.3       The Agency must ensure that Delegated Services are performed only by Agency Authorised Officers appointed under clause 7.4.  The Agency must nominate positions as potential Authorised Officers for approval by VicRoads (which may be withheld in VicRoads' absolute discretion) within 60 days of the date of this Agreement. 

4.4       The Agency must be satisfied that any Authorised Personnel:

4.4.1         have completed any training offered by VicRoads under clause 4.8 that may be necessary for holders of a Delegation; and

4.4.2         are capable of carrying out the Delegated Services as set out in Schedule 1 and understand the requirements in relation to confidentiality and security in relation to this Agreement.

4.5       The Agency must provide to VicRoads if requested, information:

4.5.1         regarding the level of training, responsibility and authority of Authorised Personnel holding Delegations; and/or

4.5.2         to verify that the Agency has considered the requirements in clause 4.8 in appointing the Authorised Personnel.

Acceptance or rejection of Authorised Personnel

4.6       VicRoads may, in its absolute discretion grant a Delegation to a person proposed as Authorised Personnel. The acceptance by VicRoads of any Authorised Personnel will not be effective unless a Delegation has been issued under clause 4.10. VicRoads may reject potential Authorised Personnel if the employees nominated as potential Authorised Personnel have not completed any training required by VicRoads, or in the opinion of VicRoads, the level of responsibility assigned to the proposed Authorised Personnel is otherwise not acceptable.

 

BSC Suggested wording:  If the Agency nominates employees as potential Authorised Personnel who have not completed any training required by VicRoads, or VicRoads does not consider that the level of responsibility assigned to the proposed Authorised Personnel is appropriate to the functions required, VicRoads must first discuss the matter with the Agency and the Agency must take reasonable steps to ensure that it can satisfy VicRoads requirements.

 

 

Responsibility for Authorised Personnel

4.7       The Agency will be liable for all acts, omissions, defaults and neglects of all Authorised Personnel as if they were the Agency's acts, omissions, defaults or neglects.  VicRoads will be responsible for any acts carried out specifically in accordance with:

4.7.1         the directions of the VicRoads Authorised Personnel under clause 3.2.3;

4.7.2         any guidelines; or

4.7.3         any other specific requirement of VicRoads in respect of the provision of the Services.

Training of Authorised Personnel

4.8       VicRoads may require Authorised Personnel to undertake training to be provided by or on behalf of VicRoads from time to time.  This training will be conducted at premises nominated by VicRoads, which may, by agreement, be at the Agency's Premises.  All training provided by VicRoads under this clause will be recorded by VicRoads and the record will be signed by the relevant Authorised Personnel at the time he or she receives the training. 

4.9       The costs of providing training to Authorised Personnel under clause 4.8 will be borne by VicRoads and will include reasonable travelling, overnight accommodation expenses and car hire, subject to the Agency obtaining VicRoads' consent prior to incurring those expenses (which will not be unreasonably withheld) and providing evidence substantiating those expenses to VicRoads. 

Delegation of Authority to Authorised Personnel

4.10     VicRoads will execute an instrument of delegation under section 91 of the Road Safety Act 1986 (Vic) (Delegation) in which it will delegate, on a non-exclusive basis, those of its powers under the legislation specified in Schedule 2 subject to such conditions and limitations as VicRoads considers necessary for the effective operation of this Agreement, to Authorised Personnel, where VicRoads agrees to those persons performing some or all of the Delegated Services. 

4.11     VicRoads may at any time and at its sole discretion, revoke or vary any Delegation, and will not be obliged to give reasons for any such revocation or variation.  Upon the revocation or variation of a Delegation by VicRoads, the Agency must ensure that the relevant Authorised Personnel comply with the varied Delegation or cease providing the Delegated Services if the Delegation is revoked. 

 

5     Transition Out

Development of Transition Out Plan

5.1       If indicated in Schedule 1 as being required, the Agency must, within 90 days of the Commencement Date, develop to VicRoads' satisfaction a comprehensive transition out plan to ensure that upon the expiry or termination of this Agreement, there is a smooth transfer of responsibility for providing the Services from the Agency to an alternative service provider or to VicRoads itself (Transition Out Plan).  The Transition Out Plan must include provisions to ensure that the transition out requirements set out in clause 5.3 is fulfilled. 

5.2       The Agency must ensure that the Transition Out Plan is regularly updated to facilitate transitioning out at any given point in time.  Without limiting the foregoing, the Agency must review and update the Transition Out Plan at the following times:

5.2.1         by the end of each twelve month period during the Term the first of which period commences on the Commencement Date;

5.2.2         within 30 days of any variation to the scope or nature of the Services under clause 6; and

5.2.3         except in the event of early termination, no later than 3 months before this Agreement is due to expire.

Transition Out

5.3       On termination of part or all of the Services for any reason (including a reduction in the scope of the Services made in accordance with clause 6), Agency will, if a Transition Out Plan has been prepared under clause 5.1, assist VicRoads in the transfer of responsibility for providing the Services to an alternative service provider or to VicRoads itself in accordance with the Transition Out Plan.  This must include making arrangements for:

5.3.1         the transfer of management responsibility of any third party contracts that are entered into by VicRoads but managed by the Agency as part of the Services;

5.3.2         the handover of all data (including Personal Information connected to the Services and VicRoads' Confidential Information) to an alternative service provider or VicRoads itself in a format and in a medium, and by the means specified by VicRoads, and at VicRoads' direction, the destruction of all copies of VicRoads data (including Personal Information connected to the Services and VicRoads Confidential Information) held in back-up or archival tapes;

5.3.3         the transfer of knowledge from the Agency to an alternative service provider or VicRoads itself to facilitate the provision of the Services by VicRoads or an alternative service provider nominated by VicRoads.  This will include:

(a)     providing all information relating to the provision of the Services as necessary for VicRoads or an alternative service provider nominated by VicRoads to assume responsibility for the continued performance of the Services in an orderly manner so as to minimise disruption to the operations of VicRoads;

(b)     providing any training requested by VicRoads or an alternative service provider nominated by VicRoads in relation the provision of the Services; and

(c)     permit VicRoads or an alternative service provider nominated by VicRoads to assign their Personnel to work with the Agency's Personnel.

6     Variations to the Services

Power to vary Agreement

6.1       Subject to clause 6.2, VicRoads may vary the Agreement (including the description or scope of the Services) from time to time:

6.1.1         in order to give effect to changes in the Law, Government policy or any changes to the delegation (including revocation of the delegation in respect of particular powers);

6.1.2         if VicRoads considers it reasonably necessary, for the:

(a)     the efficient and effective management of the services within the Agreement;

(b)     the effective operation of VicRoads' Business or IT Systems.

6.2       VicRoads must not vary the Agreement unless it gives the Agency 20 Business Days notice of any proposed variation.

6.3       A variation of this Agreement will take effect on the day the notice is given to the Agency under clause 6.2.

6.4       VicRoads will consult with the relevant peak body or other organisations, which VicRoads considers represents the Agency's interests in the industry, in relation to any proposed variation which VicRoads considers may significantly affect the Agency's business operations, prior to notifying the Agency under clause 6.2.

7     Agency Authorised Personnel

Agency Contract Manager

7.1       The Agency shall appoint in writing the Contract Manager (Contract Manager) as its authorised representative under and for the purposes of this Agreement.

7.2       The Agency Contract Manager will be responsible for this Agreement on behalf of the Agency.

Agency Liaison Officer

7.3       The Agency shall appoint in writing a Liaison Officer for each Agency Location, unless otherwise agreed by VicRoads.  The Liaison Officer will be responsible for the day to day administration of this Agreement on behalf of the Agency.

 

VR Original wording: The Agency shall appoint in writing a single Liaison Officer for each Agency location. The Liaison Officer will be responsible for the day to day administration of this Agreement on behalf of the Agency.

Agency Authorised Officers

7.4       The Agency shall appoint in writing Authorised Officers who will be responsible for the delivery of the services (including delegated services) specified in Schedule 1 in accordance with relevant delegations, business rules, procedures and guidelines. 

Availability of Authorised Personnel

7.5       The Agency must ensure that its Authorised Personnel (Authorised Personnel) are available and able to be contacted during normal business hours.  The Agency must notify VicRoads within one month immediately should its Authorised Personnel be removed or replaced, together with details of its new Contract Manager or Liaison Officer. 

Responsibility of Authorised Personnel

7.6       The Agency will be responsible for the acts, omissions and defaults of its Authorised Personnel.  Any direction, instruction, notice, approval or other communication made or given to the Agency's Authorised Personnel will be deemed to have been made or given to the Agency. 

8     VicRoads Authorised Personnel

VicRoads Contract Manager

8.1       VicRoads will appoint the Contract Manager (Contract Manager) named in Schedule 1 as its authorised representative under and for the purposes of this Agreement.

8.2       The VicRoads Contract Manager will be responsible for this Agreement on behalf of VicRoads. 

Appointment of VicRoads Representatives

8.3       VicRoads will also appoint the VicRoads Representatives named in Schedule 1.  The VicRoads Representatives will be responsible for the day to day administration of this Agreement on behalf of VicRoads.

Availability of VicRoads Authorised Personnel

8.4       VicRoads must ensure that its Representatives are available and able to be contacted during normal business hours.  VicRoads must notify the Agency within one month immediately should its Authorised Personnel be removed or replaced, together with details of its new Authorised Personnel. 

Responsibility for VicRoads Authorised Personnel

8.5       VicRoads will be responsible for the acts, omissions and defaults of its Authorised Personnel. 

9     Supplied Property

VicRoads may provide

9.1       VicRoads may supply the Agency with property in order to allow the Agency to perform its obligations under this Agreement, including but not limited to the property specified as supplied property in Schedule 1 (Supplied Property).  To the extent that VicRoads provides the Agency with Supplied Property, VicRoads grants the Agency a non-exclusive, non-transferable licence to use the Supplied Property solely for the provision of the Services.  The Agency must ensure that it, and its Personnel (to the extent that those Personnel access and/or use the Supplied Property):

9.1.1         take all reasonable care in accessing and/or using the Supplied Property;

9.1.2         only access or use the Supplied Property for the purposes of providing the Services;

9.1.3         not interfere with, disrupt or cause damage to the Supplied Property;

9.1.4         ensure that the Supplied Property is protected from unauthorised access, use or misuse, damage or destruction by any person;

9.1.5         not grant any Security Interest over or in respect of the Supplied Property. 

9.2       Upon the expiry or termination of this Agreement, the Agency must take all reasonable steps to allow VicRoads or its Personnel to remove the Supplied Property from the Premises, including allowing VicRoads or its Personnel to access the Premises during Business Hours. 

10   Fees and payments

Fees and other payments

10.1     In consideration for the Agency's provision of the Services, VicRoads must pay the Fees to the Agency in accordance with Schedule 3. 

Suspension of payments

10.2     If the Agency defaults in the performance of its obligations under this Agreement, VicRoads may give notice to the Agency to remedy the default and specifying details of the default.

10.3     If the Agency fails to remedy the default specified in a notice under clause 10.2 within 20 business days of receiving that notice, VicRoads may suspend payment under this Agreement until the default has been rectified.

10.4     VicRoads' suspension of payment under clause 10.3 will not in any way affect the continuing obligations of the Agency under this Agreement and will be without prejudice to any other rights that VicRoads may have against the Agency in connection with the default.

Set-off

10.5     VicRoads may set off any amount that the Agency owes VicRoads under this Agreement against any amount that VicRoads owes the Agency under this Agreement. 

Taxes

10.6     All Fees are inclusive of applicable taxes, duties, levies, charges and other like payments, other than GST. 

Goods and services tax

10.7     Unless otherwise stated in Schedule 3, all prices, rates and charges set out in Schedule 3 are exclusive of GST.

10.8     Where:

10.8.1       a party (Agency) makes a taxable supply to another party (Recipient), the Recipient must pay to the Agency an additional amount equal to the GST payable by the Agency (unless the consideration for that taxable supply is expressed to include GST).  The additional amount must be paid when any consideration for the taxable supply is first paid or provided.  The Agency must provide to the Recipient a tax invoice at the time of payment.

10.8.2       a party indemnifies, reimburses or makes a contribution (Contribution) to the other party, and the other party can obtain an input tax credit on an acquisition associated with the Contribution, the amount of the Contribution for the first party is reduced by the amount of that input tax credit.  The reduction is to be made before any increase under clause 10.8.1. 

10.9     Terms used in clause 10.8 have the meanings given to them in the A New Tax System (Goods and Services Tax) Act 1999 (Cth). 

CPI Variation

10.10   Where indicated in Schedule 3, the Fees will be varied on the Indexation Date in proportion to any change in the CPI published during the quarter immediately preceding the Indexation Date from the CPI published during the quarter immediately preceding the day on which the then current Fees took effect provided that, if the variation+-on would result in the new Fees being less than the current Fees, the then current Fees will not be varied on the Indexation Date.

10.11   In clause 10.10:

10.11.1     CPI means the Consumer Price Index Weighted Average of 8 Capital Cities All Groups as published by the Australian Bureau of Statistics or its successor, and includes any index published in substitution for the CPI; and

10.11.2     Indexation Date means 1 March of each year during the term of the agreement,

10.11.3     The Fees will be increased by C% where:

 

 


A = variation between the CPI published for the quarter ending on 31 December preceding the Indexation Date and the CPI published for the quarter ending on 31 December in the previous year;

B = the CPI published for the quarter ending on 31 December in the previous year; and

11   Customer Payments

Agency may receive Customer Payments

11.1     If the Agency is required to accept Customer Payments on VicRoads' behalf under this Agreement it must do so in accordance with the processes specified in the relevant Guidelines.

11.2     Where an Agency accepts Credit Card payments:

11.2.1       The Agency is wholly responsible for ensuring it meets all Payment Card Industry Data Security Standard (PCI DSS) requirements specified by their Merchant Bank.

11.2.2       The Agency must annually provide VicRoads attestation that they have met the requirements of the PCI DSS to the satisfaction of their Merchant Bank.  Attestation must be provided in one of the following forms:

-    A copy of the Agency’s compliance certificate issued by a qualified PCI DSS security assessor, or;

-    A signed letter from the Agency’s merchant bank noting they have met the requirements of the PCI DSS to their satisfaction.  

11.2.3       Any unauthorised access of customer credit card data must be reported to the VicRoads contract manager immediately and identify:

-    Date of breach;

-    Actions taken to remediate breach;

-    Customers impacted.

Holding Customer Payments

11.3     The Agency must ensure that appropriate security measures are in place to ensure that all Customer Payments held on VicRoads' behalf are secure from unauthorised access and theft, including, but not limited to doing the following:

11.3.1       depositing and holding Customer Payments in a secure bank account ; and

11.3.2       having secure transportation and logistical processes in place to transport Customer Payments.

11.4     The Agency acknowledges and agrees that:

11.4.1       all Customer Payments held by the Agency under this Agreement are held on trust solely for the benefit of VicRoads;

11.4.2       the Agency, its Personnel and its bankers have no beneficial interest in the Customer Payments.

12   Reports, information and records

Reports

12.1     The Agency must report all matters relevant to the provision of the Services.  Without limiting the foregoing, the Agency must provide VicRoads with reports as specified in the relevant Guidelines, (Reports).

12.2     All reports generated by the Agency under this Agreement will be the property of VicRoads.  The Agency may retain a copy of reports for internal record keeping purposes only. 

Information

12.3     In addition to providing reports under clause 12.1, VicRoads may require that the Agency provide it with information concerning any aspect of the Services which VicRoads may reasonably require.  The Agency must provide the information within 10 business days of receiving a request from VicRoads to do so, unless another timeframe is agreed by VicRoads.

Records

12.4     The Agency must keep and maintain full books, records and documentation in relation to this Agreement in hardcopy form (Records).  The Agency must keep and maintain the Records for the duration of this Agreement and for 7 years after expiry or termination of this Agreement.  Upon request by VicRoads, the Agency must promptly make all Records available to VicRoads. 

13   Audit and review

Audit

13.1     The Agency must, upon reasonable notice, permit any person authorised by VicRoads' to access the Agency's Premises, Records, equipment and other property relevant to the performance of this Agreement.  For the purposes of this clause 13.1, access includes, but is not limited to, access for the purpose of liaison, reporting, inspection and verifying that the Agency has complied with its obligations under this Agreement. 

13.2     If, as a result of an audit conducted under clause 3.1, VicRoads identifies that the Agency has breached its obligations under this Agreement, upon receiving written notification of the breach from VicRoads, the Agency must take prompt corrective action to rectify the breach.  This clause does not limit VicRoads' other rights arising from a breach of this Agreement by the Agency. 

13.3     The parties must pay their own costs arising out of an audit conducted under clause 13.1.

Periodic reviews

13.4     VicRoads may conduct periodic reviews of the provision of the Services to assess the Agency's performance under this Agreement, to seek improvements in relation to the provision of the Services and to resolve any issues that may arise.  The Agency must cooperate in the review process, supply VicRoads with any documents reasonably required by VicRoads and comply with all recommendations that result from the review. 

14   Intellectual Property

Pre-existing IP

14.1     All Intellectual Property Rights that subsist in any document, material, electronic record, data, work product, system, methodology, concept or information before signing this Agreement (Pre-existing IP) will be retained by that party. 

Developed IP

14.2     The Agency assigns and agrees to assign to VicRoads any and all Intellectual Property Rights in all documents, code and other material, including all data and data compilations, that are created or developed by the Agency in the course of providing the Services and which relate to any Pre-existing IP of VicRoads (Developed IP) upon creation.  To avoid doubt, Developed IP does not include any Intellectual Property Rights created by the Agency independently of this Agreement for the benefit of itself or its customers. 

14.3     The Agency warrants that it will be entitled to own and assign to VicRoads any and all Developed IP.

Licence to Agency

14.4     VicRoads grants the Agency a non-exclusive, non-transferable, limited licence that cannot be assigned, to use any material containing VicRoads' Pre-Existing IP and Developed IP solely for the purpose of providing the Services and fulfilling its obligations under this Agreement. 

Licence to VicRoads

14.5     The Agency grants VicRoads a perpetual, irrevocable, transferable and royalty free licence (including the right to sub-license) to use any of the Agency's Pre-existing IP for the purposes of using and exploiting the Developed IP and utilising the benefits of the Services. 

No infringement

14.6     The Agency must not infringe the Intellectual Property Rights of VicRoads or any third party.  The Agency continually indemnifies VicRoads against any Loss that VicRoads incurs or suffers as a direct or indirect result of a breach of Intellectual Property Rights of VicRoads or a third party. 

14.7     A party will notify the other party in writing as soon as practicable of any claim or demand made, or action, suit or proceeding threatened or brought against it, arising from the infringement or alleged infringement of any Intellectual Property Rights in connection with this Agreement. 

Moral rights

14.8     The Agency agrees to procure from those of its Personnel involved in the provision of the Services, their irrevocable and unconditional consent to VicRoads using, modifying, altering, customising, incorporating, integration and exploiting the Developed IP in any way which would, but for their consent, constitute an infringement of any of their moral rights. 

Signage

14.9     The Agency may use the VicRoads Logo with VicRoads' prior written consent.  If VicRoads consents to use of the VicRoads Logo on any signage or otherwise, it will grant a licence to the Agency permitting it to use the VicRoads Logo and inform the Agency how the VicRoads Logo may be used.

15   Confidentiality

Obligations of confidence

15.1     Where the Agency receives Confidential Information, the Agency must, subject to the terms of this Agreement, comply with the following obligations at all times:

15.1.1       keep the Confidential Information secret and preserve its confidential nature;

15.1.2       not use the Confidential Information for any purpose other than a purpose permitted by this Agreement;

15.1.3       not disclose or permit the disclosure of Confidential Information to any person except as permitted in clause 15.2;

15.1.4       only copy or reproduce Confidential Information for the purposes of this Agreement or with the written consent of VicRoads;

15.1.5       establish and maintain appropriate security measures to protect the Confidential Information against unauthorised access, use or disclosure;

15.1.6       immediately notify VicRoads of any unauthorised access to, use or disclosure of the Confidential Information;

15.1.7       not reverse engineer, decompile or disassemble any Confidential Information;

15.1.8       ensure that adequate physical (in the case of Protected Information in hard copy form) and electronic (in the case of Protected Information in electronic form) security measures have been taken to protect the Protected Information from misuse or loss or from unauthorised access, modification or disclosure; and

15.1.9       if Online Access Terms apply to the Agency, comply with those Online Access Terms (if applicable). 

15.2     This Agreement does not prohibit the disclosure of Confidential Information by the Agency in the following circumstances:

15.2.1       the disclosure is specifically contemplated and permitted by this Agreement;

15.2.2       the disclosure of Confidential Information is to the Personnel of the Agency who needs that information to enable the Agency to provide the Services and the Personnel have executed a confidentiality agreement as required under clause 15.3;

15.2.3       the disclosure is to a professional advisor of the Agency and is necessary for the advisor to provide advice in relation to matters arising under or in connection with this Agreement;

15.2.4       the disclosure is required by a court or governmental or administrative authority;

15.2.5       the disclosure is required by an applicable law or regulation.

Compliance and undertakings by Personnel

15.3     The Agency must ensure that its Personnel are made aware of and comply with:

15.3.1       the Agency's obligations of confidence set out in this clause 15 and complete Schedule 4;

15.3.2       the Online Access Terms (if applicable); and

15.3.3       all applicable Privacy Laws.

Provision of Confidential Information at VicRoads' discretion

15.4     Nothing in this Agreement imposes any obligation on VicRoads to provide, or provide access to, any Confidential Information.  VicRoads may at its absolute discretion refuse to provide, or provide access to, its Confidential Information.  Where VicRoads provides, or provides access to, its Confidential Information, it does so subject to any conditions that it thinks fit.  VicRoads is not obliged to give reasons for providing or withholding its Confidential Information or access or for giving access to its Confidential Information subject to conditions.

Return of Confidential Information

15.5     The Agency must immediately on demand, or at the expiry or termination of this Agreement (except as required otherwise by the Public Records Act 1973 (Vic) or any other legislation):

15.5.1       deliver to VicRoads any material containing Confidential Information in its possession, power or control, including any material created or generated by the Agency; and

15.5.2       ensure that it does not retain copies of any Confidential Information in any form.

16   Privacy

Disclosure of Personal Information to VicRoads

16.1     The Agency warrants to VicRoads that in relation to any Personal Information that the Agency discloses to VicRoads in connection with this Agreement:

16.1.1       the Personal Information has been collected in accordance with applicable Privacy Law;

16.1.2       to the extent set out in the relevant Guidelines, the individual to whom the Personal Information relates has been made aware of VicRoads' identity, of how to contact VicRoads and of the other matters of which an individual is required to be made aware when Personal Information about them is collected by VicRoads;

16.1.3       VicRoads is authorised, either by consent of the individual or by law, to collect the Personal Information from the Agency and use the Personal Information.

Information Privacy Principles

16.2     Without limiting clause 16.1, the Agency acknowledges that VicRoads is bound by the Information Privacy Principles set out in the Information Privacy Act 2000 (Vic) (Information Privacy Principles).  The Agency agrees that it will be bound by the Information Privacy Principles and any code of practice that applies to VicRoads in relation to any act done or practice engaged by the Agency for the purposes of this Agreement in the same way and to the same extent as VicRoads would be bound by the Information Privacy Principles and any applicable code of practice in respect of that act or practice had it been directly done or engaged in by VicRoads. 

16.3     The Agency must immediately inform the Privacy Commissioner and VicRoads if it becomes aware of any:

16.3.1       breach or possible breach of any of the obligations contained in, or referred to in, this clause 16, whether by the Agency or its Personnel; or

16.3.2       complaint that is receives concerning the use, disclosure, transfer or handling of Personal Information,

16.3.3       and comply with any reasonable directions of the Privacy Commissioner and VicRoads in relation to a complaint concerning the use, disclosure, storage, transfer or handling of Personal Information.

Section 92 of the Road Safety Act 1986

16.4     The Agency acknowledges that it is a "relevant person" for the purposes of section 92 of the Road Safety Act 1986 (Vic), and that any of its rights under this Agreement to collect, use, disclose, store, transfer or otherwise handle information, including Confidential Information or Personal Information, is to be read subject to its obligations under that section.

17   Insurance

Policies

17.1     The Agency must obtain at its earliest renewal period and maintain :

17.1.1       the type of insurance policies, the amounts and the terms specified in Schedule 1;

17.1.2       any other insurance policies reasonably required by VicRoads in writing, provided that the Agency shall be entitled to charge VicRoads for any additional expense that is incurred by the Agency as a result of taking out any other insurance as required by VicRoads; and

17.1.3       An exemption from the requirement to obtain Professional Indemnity Insurance as specified in Schedule 1 item 8 (b) must be provided in writing by VicRoads to the Agency.

Insurer and terms

17.2     The policy must be maintained until all of the Agency's liabilities and obligations under this Agreement cease.

17.3     The Agency must comply with and observe the terms of all insurance policies required under this clause 17 and must not do anything which may or will result in any policy being rendered void or voidable.

Evidence of insurance

17.4     In respect of the insurance policies required to be taken out and maintained by the Agency under this Agreement, the Agency must deliver to VicRoads evidence satisfactory to VicRoads that the Agency has taken out a particular insurance policy and that the policy is current, within 24 hours of a written request by VicRoads to do so.

Failure to insure

17.5     If the Agency fails to maintain any policy required under this Agreement, VicRoads may:

17.5.1       effect or maintain such policy and pay premiums on that policy, the cost of which will be paid on demand by the Agency to VicRoads or may, at VicRoads’ option, be deducted by VicRoads from monies due or becoming due to the Agency under this Agreement; or

17.5.2       immediately terminate this Agreement under clause 22.

18   Subcontracting and Personnel

Subcontracting

18.1     The Agency must not subcontract the whole or any part of its obligations under this Agreement without VicRoads' prior written consent.

18.2     Without limiting clause 18.1, VicRoads' consent to any subcontracting may be conditional on the following:

18.2.1       there being no unremedied breach of this Agreement;

18.2.2       the Agency providing all information required by VicRoads in respect of the subcontractor;

18.2.3       the Agency demonstrating to VicRoads' satisfaction that the proposed subcontractor is responsible, of sound financial standing and intending and capable of providing the Services to be subcontracted; and

18.2.4       the Agency bearing any costs incurred by VicRoads in giving its consent.

Agency remains liable

18.3     The Agency remains responsible for the provision of the Services and all of its functions, responsibilities and obligations under this Agreement, irrespective of whether any of those Services, functions, responsibilities or obligations are subcontracted to another party by the Agency. 

18.4     The Agency will be liable for all acts, omissions, defaults and neglects of any subcontractor as if they were the Agency's acts, omissions, defaults or neglects.

18.5     No subcontractor engaged by the Agency will have any rights under this Agreement against VicRoads or be entitled to receive any payment under this Agreement from VicRoads.

Removal or replacement of Agency Authorised Personnel

18.6     VicRoads may, by reasonable notice to the Agency, require the Agency to replace Personnel (including the Personnel of a subcontractor) or cease using Personnel (including the Personnel of a subcontractor) in relation to the provision of the Services.  VicRoads may require the replacement under this clause 18.6 at its sole discretion, including if it considers that the Agency or its Personnel are failing to perform the subcontracted obligations or if it considers the Agency or it Personnel have done or failed to do something which has the potential to adversely affect the delivery of the Services, VicRoads' business or reputation or any other reason. 

Warranties

18.7     The Agency warrants that its Personnel providing the Services:

18.7.1       are not, and will not be at any time while assigned to perform the Services, restricted by contract or otherwise in any way from performing the Services;

18.7.2       are appropriately experienced and qualified for the provision of the Services; and

18.7.3       have not been convicted of, and are not being investigated or prosecuted for, any offence involving fraud or dishonesty, or any other offence (except for traffic offences) which is punishable by imprisonment, within the last 10 years.

19   Warranties

General Warranties

19.1     Each party represents and warrants to the other on a continuing basis that:

19.1.1       it has full corporate power to enter into and give effect to this Agreement and to complete the transactions contemplated by this Agreement;

19.1.2       it has taken all necessary action to authorise the execution, delivery and performance of this Agreement;

19.1.3       at the date of this Agreement, the execution, delivery and performance of this Agreement by it does not contravene any contractual, legal or other obligations that apply to it;

19.1.4       on execution of this Agreement, its obligations under this Agreement will be valid, binding and enforceable; and

19.1.5       unless otherwise stated, it does not enter into this Agreement as trustee of any trust.

Performance of Services

19.2     The Agency represents and warrants to VicRoads on a continuing basis that:

19.2.1       it holds all licences, permits, consents and authorisations required under any law in relation to the provision of the Services and will continue to do so at all times during the term of this Agreement;

19.2.2       any goods, equipment or materials provided by it in connection with the Services will be of merchantable quality and fit for the purposes described in this Agreement or otherwise made known to it by VicRoads;

19.2.3       it will perform all Services in a professional manner with due care and skill;

19.2.4       it will perform the Services in compliance with all laws of any kind applying to the provision of the Services;

19.2.5       in performing the Services, the Agency will not infringe the Intellectual Property Rights or any other rights of any other person;

19.2.6       it will take care in accessing or utilising VicRoads' Systems and will take all reasonable steps to ensure that its Personnel do not interfere with, disrupt or cause any damage, including steps to prevent viruses from being introduced to, VicRoads' Systems; and

19.2.7       VicRoads will not be responsible for any defects or performance issues that are caused by the Agency's Personnel when performing the Services and will take all reasonable action to mitigate such defects or performance issues.

Improper inducement, influence or behaviour

19.3     The Agency represents and warrants on a continuing basis that it has not done anything in an improper or unlawful manner to induce, reward or influence any person in relation to the execution of this Agreement or the supply or acquisition of goods or services under this Agreement including:

19.3.1       directly or indirectly offering, soliciting, giving, agreeing to give or receiving any gift, commission, rebate, money or consideration of any kind as an inducement or reward for improperly or unlawfully doing, not doing, influencing, favouring, disfavouring or carrying out any act;

19.3.2       seeking to influence decisions by improper means;

19.3.3       any other conduct which would constitute a breach of the Secret Commissions provisions of the Crimes Act 1958 (Vic) or similar provisions in other jurisdictions.

19.4     The Agency represents and warrants on a continuing basis that it has not improperly or unlawfully given or received, or agreed to give or receive, any gift, commission, rebate, money or consideration of any kind in relation to any advice given to or received by a party to this Agreement which is or was intended in any way to induce or influence the party advised to enter into this Agreement, or been involved in any other conduct prohibited by s179 of the Crimes Act 1958 (Vic).

20   Indemnity

20.1     The Agency will be fully liable for and continually indemnify VicRoads and its Personnel (for the purposes of this clause 20.1, "those indemnified") against, all Loss suffered or incurred by any of those indemnified arising out of or in connection with:

20.1.1       any infringement by the Agency or its Personnel of the Intellectual Property Rights of VicRoads or a third party;

20.1.2       any deliberate unlawful act of the Agency or its Personnel.

21   Dispute Resolution

Parties must follow dispute resolution procedures

21.1     No party may bring any legal action or proceedings in relation to any dispute or disagreement concerning this Agreement, the performance of the Services or the rights or obligations of the parties under this Agreement (Dispute) until the dispute resolution procedures set out in this clause 21 have been followed.

Parties must use best efforts to resolve Disputes

21.2     The parties must use their best efforts to resolve any Dispute in good faith without involving other parties.

Meetings to attempt to resolve Dispute

21.3     If a Dispute arises, either party's Contract Manager may at any time give written notice to the other party's Contract Manager requesting that a meeting take place to seek to resolve the Dispute.

21.4     If a notice is given under clause 21.3:

21.4.1       the Agency Contract Manager and a VicRoads Representative must meet within 10 business days of the notice and endeavour to resolve the Dispute;

21.4.2       if such meeting does not take place or if after 15 business days of the meeting the Dispute remains unresolved, either party may refer the Dispute to the Chief Executive Officer of the Agency (or the delegate of the Chief Executive Officer who may not be the Agency Contract Manager) and the Contract Manager of VicRoads;

21.4.3       if a Dispute is referred to the Chief Executive Officer (or the delegate of the Chief Executive Officer who may not be the Agency Contract Manager) of the Agency and the Contract Manager of VicRoads, such persons must meet within 5 business days of the Dispute being referred to them and endeavour to resolve the Dispute; and

21.4.4       if such meeting does not take place or if after 10 business days of the meeting the Dispute remains unresolved, either party may pursue its rights at law.

Performance of obligations

21.5     Subject to clause 10.3, each party must continue to perform its obligations under this Agreement during a Dispute. 

Interlocutory relief and right to terminate

21.6     Nothing in this clause 21 restricts or limits the right of either party to obtain interlocutory relief, or to immediately terminate this Agreement where this Agreement provides such a right.

22   Termination

Termination for cause - VicRoads

22.1     Without prejudice to any other rights VicRoads may have under this Agreement or at law, VicRoads may terminate this Agreement immediately by notice in writing if:

22.1.1       the Agency breaches a term of this Agreement and:

(a)     if the breach is capable of rectification, the Agency fails to rectify the breach within 30 days of receiving notice from VicRoads specifying the breach and requiring it to be remedied;

(b)     the breach is not capable of rectification;

(c)     that breach is one of multiple or recurring breaches by the Agency of this Agreement which have been notified by VicRoads to the Agency;

(d)     the breach involves infringement of Intellectual Property Rights, disclosure of VicRoads' Confidential Information or a breach of the Agency's privacy obligations under clause 16;

22.1.2       an Adverse Event occurs in respect of Agency;

22.1.3       the Agency ceases, or indicates that it is about to cease, carrying on its business.

Termination for cause - Agency

22.2     Without prejudice to any other rights the Agency may have under this Agreement or at law, the Agency may terminate this Agreement immediately by notice in writing if:

22.2.1       VicRoads breaches a term of this Agreement and:

(a)     if the breach is capable of rectification, VicRoads fails to rectify the breach within 30 days of receiving notice from the Agency specifying the breach and requiring it to be remedied;

(b)     the breach is not capable of rectification;

(c)     that breach is one of multiple or recurring breaches by VicRoads of this Agreement which have been notified by the Agency to  VicRoads;

22.2.2       an Adverse Event occurs in respect of VicRoads;

22.2.3       VicRoads ceases, or indicates that it is about to cease, carrying on its business.

Termination for convenience

22.3     VicRoads may terminate this Agreement in whole or in part without cause on 90 days written notice to the agency.

22.4     The Agency may terminate this Agreement in whole or in part without cause on 90 days written notice to VicRoads.

23   Consequences of expiry and termination

Return of property

23.1     On the expiry or termination of this Agreement, the Agency must immediately return all of VicRoads' equipment, information, documents, records and other property used by it in the provision of the Services (including the Supplied Property), or otherwise in the Agency's possession or control.

Transition Out

23.2     If Schedule 1 requires the Agency to provide a Transition Out Plan, on the termination of some or all of the Services for any reason, the Agency will provide the transition out services in accordance with clause 5. 

Survival

23.3     The following clauses will survive the expiration or termination (for whatever reason) of this Agreement:

23.3.1       clause 5 (Transition Out);

23.3.2       clause 10.5 (Set-off);

23.3.3       clauses 12.3, 12.4 and 13.1 (Information, Records and Auditing);

23.3.4       clause 14 (Intellectual Property);

23.3.5       clause 15 (Confidentiality);

23.3.6       clause 16 (Privacy);

23.3.7       clause 19 (Warranties);

23.3.8       clause 21 (Dispute Resolution); and

23.3.9       clause 23 (Consequences of expiry and termination). 

24   Notices

Giving notices

24.1     Any notice or communication given to a party under this Agreement is only given if it is in writing and sent in one of the following ways:

24.1.1       Delivered or posted to that party at its address and marked for the attention of the relevant department or officer set out in Schedule 1 or appointed in writing.

24.1.2       Faxed to that party at its fax number and marked for the attention of the relevant department or officer set out in Schedule 1 or appointed in writing.

24.1.3       Emailed to that party at its email address and marked for the attention of the relevant department or officer set out in Schedule 1 or appointed in writing.

Change of Party Details

24.2     If a party gives the other party one months' notice of change of details, any notice or communication is only given by that other party if it is delivered, posted, faxed or emailed.

Time notice is given

24.3     Any notice or communication is to be treated as given at the following time:

24.3.1       If it is delivered, when it is left at the relevant address.

24.3.2       If it is sent by post, two (or, in the case of a notice or communication posted to another country, nine) business days after it is posted.

24.3.3       If it is sent by fax, as soon as the sender receives from the sender’s fax machine a report of an error free transmission to the correct fax number.

24.4     However, if any notice or communication is given, on a day that is not a business day or after 5pm on a business day, in the place of the party to whom it is sent it is to be treated as having been given at the beginning of the next business day.

25   Limitation of Agency

Limitation

25.1     Subject to clause 25.2, this Agreement does not create a partnership, agency, fiduciary or any other relationship, except the relationship of independent contracting parties, between the parties.  No party is liable for an act or omission of the other party, except to the extent set out in this Agreement.

Appointment

25.2     If the Agency is to collect Customer Payments as part of the Services, VicRoads appoints the Agency as its agent for the sole purpose of collecting Customer Payments and to issue receipts for those Customer Payments in accordance with clause 11 and Schedule 3.  VicRoads also appoints the Authorised Officers to act as its agent to act in accordance with any Delegation granted under this Agreement.  In relation to all other acts done by Agency in providing the Services, the relationship between VicRoads and the Agency shall be one of independent contracting parties. 

26   Miscellaneous

Approvals and consents

26.1     Unless this Agreement expressly provides otherwise, VicRoads may give or withhold an approval or consent in its absolute discretion and subject to any conditions determined by it.  VicRoads is not obliged to give its reasons for giving or withholding a consent or approval or for giving a consent or approval subject to conditions.

26.2     Where this Agreement refers to a matter being to the 'satisfaction' of a party, this means to the satisfaction of that party in its absolute discretion.

Assignments and transfers

26.3     A party must not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of each of the other parties.

Costs                    

26.4     Except as otherwise set out in this Agreement, each party must pay its own costs and expenses in relation to preparing, negotiating, executing and completing this Agreement and any document related to this Agreement.

Effect of legislative change

26.5     If any legislative provision referred to in this document is amended, re-enacted or replaced, the new provision is to be treated as being substituted in this document for the original one.  The substitution takes place from the time the new provision takes effect.

Entire agreement

26.6     This Agreement contains everything the parties have agreed in relation to the subject matter it deals with.  No party can rely on an earlier written document or anything said or done by or on behalf of another party before this Agreement was executed.  The parties expressly exclude any implied duty of good faith in the exercise of their rights under this Agreement.

Execution of separate documents

26.7     This Agreement is properly executed if each party executes either this document or an identical document.  In the latter case, this Agreement takes effect when the separately executed documents are exchanged between the parties.

Further acts

26.8     Each party must at its own expense promptly execute all documents and do or use reasonable endeavours to cause a third party to do all things that another party from time to time may reasonably request in order to give effect to, perfect or complete this Agreement and all transactions incidental to it.

Governing law and jurisdiction

26.9     This Agreement is governed by the law of Victoria.  The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.  The parties will not object to the exercise of jurisdiction by those courts on any basis.

Joint and individual liability and benefits

26.10   Except as otherwise set out in this Agreement, any agreement, covenant, representation or warranty under this Agreement by two or more persons binds them jointly and each of them individually, and any benefit in favour of two or more persons is for the benefit of them jointly and each of them individually.

Severability

26.11   Each provision of this Agreement is individually severable.  If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this Agreement will not be affected.  The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

Waivers

26.12   A waiver of any right, power or remedy under this Agreement must be in writing signed by the party granting it.  A waiver is only effective in relation to the particular obligation or breach in respect of which it is given.  It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

26.13   The fact that a party fails to do or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.

27   Definitions and interpretation

Definitions

27.1     In this Agreement the following definitions apply:

Adverse Event in relation to a party means anything that reasonably indicates that there is a significant risk that that party is or will become unable to pay its debts as they fall due.  This includes:

(a)        a meeting of a party's creditors being called or held;

(b)        a step being taken to make the party bankrupt or wind the party up;

(c)        the appointment of a controller or administrator as defined in section 9 of the Corporations Act;

(d)        the party entering into any type of arrangement with, or assignment for the benefit of all or any of its creditors;

(e)        the party being made subject to a deed of company arrangement; or

(f)        a step being taken to have a receiver, receiver and manager, liquidator or provisional liquidator appointed to the party or any of its assets. 

Authorised Personnel of a party means the person(s) authorised in the case of an Agency to hold the position of Contract Manager, Liaison Officer or Authorised Officer, or in the case of VicRoads hold the position of Contract Manager or VicRoads Representative.

Business Hours means the hours between 8.30am and 4.30pm on any business day. 

Commencement Date means the date on which this Agreement commences as specified in Schedule 1. 

Confidential Information means any information provided by VicRoads or any of its Personnel to the Agency or any of its Personnel, or otherwise obtained by the Agency or any of its Personnel, whether obtained before or after the execution of this Agreement, in connection with this Agreement or VicRoads in any way.  Without limiting the foregoing:

(a)        Confidential Information includes confidential business information, documents, records, financial information, reports, intellectual property, product specifications, technical information and forecasts which relate to VicRoads and the fact that the Confidential Information may be or has been provided, and the terms of this Agreement; and

(b)        Confidential Information does not include information which is in or becomes part of the public domain (other than through a breach of this Agreement or an obligation of confidence) or which the recipient of the Confidential Information can prove was independently acquired or developed by it without breaching the terms of this Agreement. 

Contract Manager of a party means the person specified as that party's Contract Manager in Schedule 1 or appointed in writing to be responsible for this Agreement on behalf of the that party.

Corporations Act means the Corporations Act 2001 (Cth) and any regulations made under it. 

Customer means a person who uses VicRoads' services. 

Customer Payments means payments made by VicRoads' customers to the Agency in connection with this Agreement.

Delegated Services means the Services specified as 'Delegated Services' in Schedule 2.

Delegation has the meaning given to that term in clause 4.10. 

Developed Intellectual Property Rights means Intellectual Property Rights that is discovered, developed or that otherwise comes into existence as a result of, for the purposes of, or in connection with the performance of the Services (including the transition in and transition out of the Services).

Expiry Date means the end date as specified in Schedule 1.

Fees means the fees, charges and other payments payable under this Agreement by VicRoads to the Agency as set out in Schedule 3. 

Guidelines mean all work instructions, business rules or procedure manuals provided by VicRoads that describes how the Services are to be provided.

Holding Over Period has the meaning given to that term in clause 1.2. 

Intellectual Property Rights means all present and future rights, title and interests in and to copyright, neighbouring rights, trade marks (registered and unregistered), designs (registered and unregistered), all rights in relation to inventions (including patent rights, semi-conductor and circuit layout rights), Confidential Information (including trade-secrets and know-how), domain names, internet addresses, computer programs, trade or business names, and any other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields. 

Loss means any loss including any liability, cost, expenses (including legal costs on a full indemnity basis), claim, proceeding, action, demand or damage (including any exemplary or punitive damages, special, incidental or indirect damages or economic loss or consequential loss or damage). 

Privacy Commissioner means the Privacy Commissioner appointed under Part 7 of the Information Privacy Act 2000 (Vic).

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth). 

Personnel of a party, means any director, officer, employee and, in the case of the Agency, any permitted agent or sub-contractor under clause 18.

Premises mean Agency's premises specified in Schedule 1. 

Privacy Law means a law that relates to the collection, use, disclosure and handling of Personal Information, and includes:

·           the Information Privacy Act 2000 (Vic),

·           the Privacy Act 1988 (Cth);

·           the Health Records Act 2001 (Vic); and

·           section 92 of the Road Safety Act 1986 (Vic).

Protected Information means information of a personal nature or that has commercial sensitivity for the person about whom it is kept for the purposes of section 92 of the Road Safety Act 1986 (Vic).

Records have the meaning given to that term in clause 12.4.

Related Entity has the meaning given to that term under the Corporations Act. 

Reports have the meaning given to that in clause 12.1. 

Security Interest includes a mortgage, debenture, charge, encumbrance, lien, pledge, assignment or deposit by way of security, bill of sale, lease, hypothecation, hire purchase, credit sale, agreement for sale on deferred terms, option, right of pre-emption, caveat, claim, covenant, interest or power in or over an interest in an asset and any agreement or commitment to give or create any such security interest or preferential ranking to a creditor including set-off.

Services means the services described in Schedule 2 as varied from time to time in accordance with clause 6.

Supplied Property has the meaning given to that term in clause 9.1.

Systems have the meaning given to that term in clause 3.8. 

Transition Out Plan has the meaning given to that term in clause 5.1 and as set out in Schedule 4.

VicRoads Logo means VicRoads' trade mark, registration number 791431.

VicRoads Representative means the person specified as the VicRoads Representative in Schedule 1. 


Interpretation

27.2     In the interpretation of this Agreement, the following provisions apply unless the context otherwise requires:

27.2.1       Headings are inserted for convenience only and do not affect the interpretation of this Agreement.

27.2.2       A reference in this Agreement to a business day means a day other than a Saturday or Sunday on which banks are open for business generally in Melbourne, Victoria.

27.2.3       If the day on which any act, matter or thing is to be done under this Agreement is not a business day, the act, matter or thing must be done on the next business day.

27.2.4       A reference in this Agreement to dollars or $ means Australian dollars and all amounts payable under this Agreement are payable in Australian dollars.

27.2.5       A reference in this Agreement to any law, legislation or legislative provision includes any statutory modification, amendment or re-enactment, and any subordinate legislation or regulations issued under that legislation or legislative provision.

27.2.6       A reference in this Agreement to any agreement or document is to that agreement or document as amended, novated, supplemented or replaced.

27.2.7       A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this Agreement.

27.2.8       An expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency.

27.2.9       Where a word or phrase is given a defined meaning, another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

27.2.10     A word which denotes the singular also denotes the plural, a word which denotes the plural also denotes the singular, and a reference to any gender also denotes the other genders.

27.2.11     A reference to the word 'include' or 'including' is to be construed without limitation.

27.2.12     A reference to this Agreement includes the agreement recorded in this Agreement.

27.2.13     Any schedules and attachments form part of this Agreement.

Execution and date

Executed as an agreement.

Date:       /         / 20

 

Signed for and on behalf of Roads Corporation trading as VicRoads in the presence of:

 

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Signature of authorised person

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………

Signature of witness

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Name of authorised person (print)

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Name of witness (print)

 

 

Signed for and on behalf of of Buloke Shire Council in the presence of:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Signature of authorised person

 

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Signature of witness

 

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Name of authorised person (print)

 

 

 

 

 

 

 

 

 

 

 

 

 

.…………………………………………………………….…………………………………
Name of witness (print)

 

Schedule 1

Contract Information

1     Commencement Date (clause 1.1)

1 March 2012

2     Expiry Date (clause 1.1)

31 March 2014

3     Transition In

Not applicable

4     Agency Details

 

Agency Name / Trading Name:   Buloke Shire Council

 

ABN:  89293793980

 

Head Office Postal Address:  PO Box 1, Wycheproof, Vic, 3527

 

Telephone No:   03 5478 0100

 

Office Email:   buloke@buloke.vic.gov.au

Agency Contact Manager: Gaynor Doreian

Agency Liaison Officer: Alison McClelland

5     Agency Outlet Addresses

Outlet

Outlet Address

No. 1

22 Cumming Avenue, Birchip, Vic 3483

No. 2

1 High Street, Charlton, Vic 3525

No. 3

Cnr McCulloch & Houston Streets, Donald, Vic 3480

No. 4

65 Horace Street, Sea Lake, Vic 3533

No. 5

367 Broadway, Wycheproof, Vic 3527

6    
VicRoads Contract Manager and Representatives (clause 8)

VicRoads Contract Manager:

Position: Director, Registration and Licensing Services

Postal Address: Ground floor, North Building, 60 Denmark Street, Kew Victoria 3101

VicRoads Representative - Contractual Issues

Position: Manager, Registration & Licensing Agent Services

Postal Address: Ground floor, North Building, 60 Denmark St, Kew, Victoria, 3101

VicRoads Representative – Operational Issues

Position: Co-ordinator, Agency Agreements

Postal Address: Level 1, South Building, 60 Denmark St, Kew, Victoria, 3101

VicRoads Representative – Service Delivery Issues

Position: Local Customer Service Centre Area Manager

7     Supplied Property (clause 9)

 

·        VicRoads handbooks, work diaries, forms and publications

·        All knowledge test question papers and answer sheets

·        All Knowledge Test correction sheet overlays

·        Any computerised licence testing software and VicRoads owned equipment

·        Any computerised licence testing record facilities (including images)

·        Photo licence camera and relevant equipment

·        VicRoads stationery

 

8     Insurance Policies (clause 17)

(a)   Public Liability Insurance

                 Required to have public liability insurance for at least $10,000,000 for each and every occurrence noting VicRoads on your policy.

(b)    Professional Indemnity Insurance

                 Required to have Professional Indemnity insurance for at least $5,000,000 in respect of any one claim and in the annual aggregate.

(c)    Supplied Property Insurance

                 Any Supplied Property must be insured for the replacement cost of the Supplied Property

(d)    Worker's Liability

                 As required by law.

9     Transition Out (clause 5.1)

Not applicable

10   Approved Services

Service Identifier

Delegation Required

Agency Premises

(as specified in Item 5 of Schedule 1)

Code

Short Service Title

No. 1

No. 2

No. 3

No. 4

No. 5

S1

Registration Renewal - (excluding Federal renewal)

No

 

 

 

 

 

S2

Concession Registration Renewal - Pension Card Only

No

 

 

 

 

 

S3

Federal Registration Renewal

No

 

 

 

 

 

S4

Publication Sales &  Searches

No

X

X

X

X

X

S5

Change of Address

No

 

 

 

 

 

S6

Number Plate Return & Receipt

No

X

X

X

X

X

S7

Registration Refund Form Submission

No

X

X

X

X

X

S8

Unregistered Vehicle Permit (UVPs)

Yes

 

 

 

 

 

S9

Clearing of Defect Notices - only with NOU &  RWC

Yes

X

X

X

X

X

S10

Trailer Pack Registration Submission

No

 

X

X

X

X

S11

Machinery Pack Registration Submission

No

 

X

X

X

X

S12

Re-registration – Vehicles under 4.5t GVM

Yes

 

X

X

X

X

S13

Re-registration – Vehicles over 4.5t GVM

Yes

 

 

 

X

X

S14

Re-registration – Vessel

Yes

 

X

X

X

X

S15

Primary Producer Registration Forms Submission

No

 

X

X

X

X

S16

Re- registration Recreation Trail Bike

No

 

X

X

X

X

S17

Duplicate Number Plate Order

No

 

 

 

 

 

S18

Registration Transfer Submission of documents

No

 

 

 

 

 

S19

Photo for Licence (vehicle and marine)

No

X

X

X

X

X

S20

Issue Licence / Learner Permit  Interim Receipt (vehicle & marine)

Yes

X

X

X

X

X

S21

Appointment (HPT, all knowledge tests and re-registration)

No

X

X

X

X

X

S22

Conduct Learner Permit Knowledge Test

No

X

X

X

X

X

S23

Conduct Hazard Perception Test

No

 

 

 

 

 

S24

Conduct Marine Licence Knowledge Test

No

 

 

 

 

 

S25

Duplicate Licence Card

No

 

 

 

 

 

S26

Administration Fee - (Licence Fee Return Sheet)

No

X

X

X

X

X

S27

Work Diary (heavy vehicle)

Yes

X

X

X

X

X

S28

Firearm / Security Licences

No

X

X

X

X

X

Schedule 2

Services and Delegations

Code

Service

Delegation Required

S1

Registration Renewal - (excluding Federal)

No

S2

Concession Registration Renewal - (Pension Card Only)

No

S3

Federal Registration Renewal

No

S4

Publication Sales & Searches

No

S5

Change of Address

No

S6

Number Plate Return & Receipt

No

S7

Registration Refund Form Submission

No

S8

Unregistered Vehicle Permit (UVPs)

S 5AB(1)(d) of the Road Safety Act  1986 and regulation 134(1), 134(2), 137(1)(a) and 137(1)(b) of the Road Safety (Vehicles) Regulations 2009 (RSVR).

S9

Clearing of Defect Notice (NOU) - only with a RWC

S14(2) Road Safety Act  1986 and regulation 242(3)(b) Road Safety (Vehicles) Regulations 2009 (RSVR).

S10

Trailer Pack Registration Submission

No

S11

Machinery Pack Registration Submission

No

S12

Re-registration – Vehicles under 4.5t GVM

S 5AB(1)(a), 5AB(1)(b), 5AB(1)(e), 5AB(1)(g) and 5AB(1)(ga) of the Road Safety Act 1986 and Regulations 14, 25, 26, 29, 41, 43, 44, 45, 46, 51, 56(5), 56(6), 69(1)(a), 112 and 118(2) of the  Road Safety (Vehicles) Regulations 2009 (RSVR).

S13

Re-registration – Vehicles over 4.5t GVM

S 5AB(1)(a), 5AB(1)(b), 5AB(1)(e), 5AB(1)(g) and 5AB(1)(ga) of the Road Safety Act 1986 and Regulations 14, 25, 26, 29, 41, 43, 44, 45, 46, 51, 56(5), 56(6), 69(1)(a), 112 and 118(2) of the  Road Safety (Vehicles) Regulations 2009 (RSVR).

S14

Re-registration - Vessel

39 (1), (2) (a) (b), (3) (a) (b)

S15

Primary Producer Registration Submission

No

S16

Re- registration Recreation Trail Bike

No

S17

Duplicate Number Plate Order

No

S18

Registration Transfer Form Submission

No

S19

Photo for Licence (vehicle and marine)

No

S20

Issue Licence / Learner Permit  Interim Receipt (vehicle & marine)

S 22(1), (2) (a) & (3) of the Road Safety Act 1986.

S 22 of the Road Safety Act 1986.  Regulations 30, 32, 33 and 62 of the Road Safety (Drivers) Regulations 2009.

S53 - General marine licence: (1) (a) (i) (ii) (iii), (b), (c), (d), (2) (a) (i) (ii),(b), (3), (4)

S54 -  Restricted marine licence: (1) (a) (i) (iii), (b), (c), (d), (2) (a) (i) (ii), (b), (3), (4), (5)

S55 – Licence Endorsement: (1) (a) (b), (2) (a) (b), (3) (a) (b), (4) (a) (b) (c) (d) (e), (5) (a) (i) (ii), (b) (c) 

S21

Appointment (HPT, all knowledge test and re-registration)

No

S22

Conduct Learner Permit Knowledge Test

No

S23

Conduct Hazard Perception Test

No

S24

Conduct Marine Licence Knowledge Test

No

S25

Duplicate Licence Card

No (service only available at Maryborough Agency)

S26

Administration Fee - (Licence Fee Return Sheet)

No

S27

Work Diary (heavy vehicle)

Regulation 99 of the Road Safety (Drivers) Regulations 2009 (RSDR).

S28

Firearm / Security Licence

No

Schedule 3 

Fees and Payments

10.1     Fees The fees are calculated at a rate of $31.83 per hour (excluding GST).

10.2     The fee per Service will be calculated as follows: $31.83 divided by 60 minutes = $0.53 (excluding GST) per minute.

10.3     The fees for delivery of individual services will be calculated using the fixed timing for each Service below:

Code

Service

Timing (minutes)

Fee per transaction

S1

Registration Renewal - (excluding Federall)

4

$2.22

S2

Concession Registration Renewal - (Pension Card Only)

5

$2.42

S3

Federal Registration Renewal

4

$2.22

S4

Publication Sales & Searches

5

$2.74

S5

Change of Address

4

$2.22

S6

Number Plate Return & Receipt

7

$3.69

S7

Registration Refund Submission

4

$2.22

S8

Unregistered Vehicle Permit (UVP’S)

8

$4.32

S9

Clearing of Defect Notice (NOU) - only with a RWC

8

$4.32

S10

Trailer Pack Registration Submission

12

$6.33

S11

Machinery Pack Registration Submission

15

$8.00

S12

Re-registration – Vehicles under 4.5t GVM

30

$15.91

S13

Re-registration – Vehicles over 4.5t GVM

30

$15.91

S14

Re-registration - Vessel

10

$5.27

S15

Primary Producer - Registration Submission

5

$2.74

S16

Re- registration Recreation Trail Bike

30

$15.91

S17

Duplicate Number Plate Order

8

$4.33

S18

Registration Transfer Submission

5

$2.74

S19

Photo for Licence (vehicle & marine)

7

$3.79

S20

Issue Licence/Learner Permit  Interim Receipt

5

$2.74

S21

Appointment (HPT, knowledge tests and re-registration)

5

$2.74

S22

Conduct Learner Permit Knowledge Test

34

$18.12

S23

Conduct Hazard Perception Test

34

$18.12

S24

Conduct Marine Licence Knowledge Test

34

$18.12

S25

Duplicate Licence Card

7

$3.79

S26

Administration Fee - (Licence Fee Return Sheet)

8

$4.32

S27

Work Diary (heavy vehicle)

7

$3.69

S28

Firearm / Security Licence

7

$3.79

S29

Authorised VicRoads Adjustments   (VR use only)

As Req

As Req

Schedule 4

Confidentiality Deed

 

I acknowledge that in the course of my official duties I may be granted access to or use of information obtained by or provided to VicRoads that is of a personal nature or that has commercial sensitivity for the person to whom it relates ('Protected Information').  I further acknowledge that I am familiar with the requirements of section 92 of the Road Safety Act 1986 and that I may be guilty of an offence if I use or disclose Protected Information other than in accordance with that section.

I agree as follows:

1     I will only access and use Protected Information to the extent that it is necessary for the performance of my official duties.

2       I will not disclose Protected Information to any person (other than to another employee who requires the information to carry out his or her official duties).

3       I will do everything I can to prevent other people from accessing the Protected Information.  I will not leave Protected Information, or copies or records of it, in any place where it is accessible by others.

4       I will notify my employer and VicRoads as soon as I become aware of any threat to the confidentiality or security of Protected Information.  I will cooperate with my employer and with VicRoads in any action either of them takes to protect that confidentiality or security.

5       If I am given a user access code or password to enable me to access the Information:

(a)         I will not give the user access code or password to anyone;

(b)         I will not write it down anywhere and leave it where it is not secure;

(c)         I will make sure I log off from any application through which I have access to Protected Information when I am not using the Protected Information; and

(d)         I will make sure my user access code or password is de-activated when I no longer need access to the information.

 

Employee Name:

 

Employee Signature:

 

Dated:    

Employee Position:

 

Name of Agency:

.

 

Witness Name:

 

Witness Signature:

 

Dated: 

Witness Position :

 

 

 

 

 


Buloke Shire Council Ordinary Meeting Minutes                                           Wednesday, 10 July 2013

7.2.1                 Vic Roads Agency Agreement

Attachment 3    Facial Recognition Camera Space Requirements

 

Facial  Recognition Camera Requirements

 

 


Buloke Shire Council Ordinary Meeting Minutes                                                                                Wednesday, 10 July 2013

7.2.1                 Vic Roads Agency Agreement

Attachment 4    Facial Recognition Camera - Modifications to offices

 

 

Photopoint

Birchip

Desk Top

 

Usable space (550 x 550 min.) (mm)

N/A

Desk Height (mm)

N/A

Distance pole - PC (mm)

N/A

Bench top thickness (mm)

N/A

Mounting option

Hole

 

Clamp

 

Drilling allowed

Yes

 

No

 

PC box placement

N/A

Signature pad placement

N/A

Backdrop

What is used as backdrop ?

Wall

Colour

light grey

Backdrop height (upper & lower edge) (mm)

full height

Distance to Camera (mm)

N/A

Connections

 

Power point available

Yes

x

No

 

Cable length required to PC Box (m)

3

Phone / Network Socket available

Yes

x

No

 

3

If no phone socket available describe cable run from MDF to C.S.

 

Light

Light level sufficient

Yes

x

No

 

Symmetric

Yes

x

No

 

Consistency / sun light entering

OK

 

Shadows

none

Additional spotlights lights required

Yes

 

No

x

Pole Light sufficient

Yes

 

No

 

single

 

twin

 

Ceiling Height (m)

2.5

 

Existing light sources to be removed

none

Temporary relocation of old C.S.

 

 

 

 

 

 

 

 

 

 

Necessary      (Vic Roads offices only)

Yes

 

No

 

N/A

Recommendations  &  Additional Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Photopoint

Charlton

Desk Top

 

Usable space (550 x 550 min.) (mm)

N/A

Desk Height (mm)

N/A

Distance pole - PC (mm)

N/A

Bench top thickness (mm)

N/A

Mounting option

Hole

x

Clamp

 

Drilling allowed

Yes

x

No

 

PC box placement

N/A

Signature pad placement

N/A

Backdrop

What is used as backdrop ?

N/A

Colour

N/A

Backdrop height (upper & lower edge) (mm)

N/A

Distance to Camera (mm)

1800

Connections

 

Power point available

Yes

 

No

x

Cable length required to PC Box (m)

 

Phone / Network Socket available

Yes

 

No

x

 

If no phone socket available describe cable run from MDF to C.S.

unable to locate MDF

Light

Light level sufficient

Yes

x

No

 

Symmetric

Yes

 

No

x

Consistency / sun light entering

infalling daylight through windows from the back of office

 

Shadows

none expected

Additional spotlights lights required

Yes

x

No

 

Pole Light sufficient

Yes

x

No

 

single

 

twin

 

Ceiling Height (m)

3

 

Existing light sources to be removed

none

Temporary relocation of old C.S.

 

 

 

 

 

 

 

 

 

 

Necessary      (Vic Roads offices only)

Yes

 

No

 

N/A

Recommendations  &  Additional Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Photopoint

Donald

Desk Top

 

Usable space (550 x 550 min.) (mm)

600 x 350

Desk Height (mm)

1000

Distance pole - PC (mm)

1000

Bench top thickness (mm)

20

Mounting option

Hole

x

Clamp

 

Drilling allowed

Yes

x

No

 

PC box placement

shelf below

Signature pad placement

OK

Backdrop

What is used as backdrop ?

Wall

Colour

light grey

Backdrop height (upper & lower edge) (mm)

full height

Distance to Camera (mm)

2200

Connections

 

Power point available

Yes

x

No

 

Cable length required to PC Box (m)

2

Phone / Network Socket available

Yes

x

No

 

2

If no phone socket available describe cable run from MDF to C.S.

 

Light

Light level sufficient

Yes

x

No

 

Symmetric

Yes

 

No

x

Consistency / sun light entering

OK

 

Shadows

some facial shadows caused by ceiling light

Additional spotlights lights required

Yes

x

No

 

Pole Light sufficient

Yes

x

No

 

single

 

twin

 

Ceiling Height (m)

3.5

 

Existing light sources to be removed

none

Temporary relocation of old C.S.

 

 

 

 

 

 

 

 

 

 

Necessary      (Vic Roads offices only)

Yes

 

No

 

N/A

Recommendations  &  Additional Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

Photopoint

Donald

Recommendations  &  Additional Comments

 

Photopoint

Wycheproof

Desk Top

 

Usable space (550 x 550 min.) (mm)

600 x 400

Desk Height (mm)

900

Distance pole - PC (mm)

1000

Bench top thickness (mm)

20

Mounting option

Hole

x

Clamp

 

Drilling allowed

Yes

x

No

 

PC box placement

shelf below

Signature pad placement

OK

Backdrop

What is used as backdrop ?

Wall

Colour

light grey

Backdrop height (upper & lower edge) (mm)

2000 / floor

Distance to Camera (mm)

1700

Connections

 

Power point available

Yes

x

No

 

Cable length required to PC Box (m)

2

Phone / Network Socket available

Yes

 

No

x

N/A

If no phone socket available describe cable run from MDF to C.S.

MDF below stairs in entrance hall.  Approximately 40 metre cable required

Light

Light level sufficient

Yes

x

No

 

Symmetric

Yes

x

No

 

Consistency / sun light entering

OK

 

Shadows

none

Additional spotlights lights required

Yes

 

No

x

Pole Light sufficient

Yes

 

No

 

single

 

twin

 

Ceiling Height (m)

2.5

 

Existing light sources to be removed

none

Temporary relocation of old C.S.

 

 

 

 

 

 

 

 

 

 

Necessary      (Vic Roads offices only)

Yes

 

No

 

N/A

Recommendations  &  Additional Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

Photopoint

Wycheproof

Recommendations  &  Additional Comments

 

Photopoint

Sea Lake

Desk Top

 

Usable space (550 x 550 min.) (mm)

600 x 500

Desk Height (mm)

1000

Distance pole - PC (mm)

1000

Bench top thickness (mm)

30

Mounting option

Hole

x

Clamp

 

Drilling allowed

Yes

x

No

 

PC box placement

shelf below

Signature pad placement

OK

Backdrop

What is used as backdrop ?

N/A

Colour

N/A

Backdrop height (upper & lower edge) (mm)

N/A

Distance to Camera (mm)

1800

Connections

 

Power point available

Yes

x

No

 

Cable length required to PC Box (m)

2

Phone / Network Socket available

Yes

 

No

x

N/A

If no phone socket available describe cable run from MDF to C.S.

 

Light

Light level sufficient

Yes

x

No

 

Symmetric

Yes

 

No

x

Consistency / sun light entering

infalling daylight through door to the left

 

Shadows

none expected

Additional spotlights lights required

Yes

x

No

 

Pole Light sufficient

Yes

x

No

 

single

 

twin

 

Ceiling Height (m)

3.5

 

Existing light sources to be removed

none

Temporary relocation of old C.S.

 

 

 

 

 

 

 

 

 

 

Necessary      (Vic Roads offices only)

Yes

 

No

 

N/A

Recommendations  &  Additional Comments

 

 

 

 

 

 

 

 

 

 

 

 

 

Photopoint

Sea Lake

Recommendations  &  Additional Comments

 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.6    Review of S86 Committees

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: CM/17/04

Attachments:

1       ViewDraft Committees of Management Manual

Relevance to Council Plan 2013 - 2017

Objective:                            An organisation that is responsive to the evolving needs of the community

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

Priority:                                Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community   

 

 

Motion:

 

That Council:

1.       Note the progress report in relation to the review of Section 86 Committees and Council’s land management arrangements.

2.       Note progress with drafting of the Land Management Information Manual and authorise its release in draft form for discussion with current committees and others undertaking a land management role for Council.

 

Moved:             Cr Ellen White

Seconded:      Cr Stuart McLean

Carried.

 

1.       Executive Summary

Council received a report at its March meeting advising of progress made with the review of Council’s Section 86 Committees (Special Committees) and current land management arrangements. 

 

At the meeting Council resolved to undertake a 12 month project to transition all committees to advisory committee status under the Local Government Act 1989 (the Act), except where that is not possible because of requirements in agreements or other funding program conditions.

 

The report also acknowledged the importance of supporting volunteer community members on committees to undertake their role, to reduce the risk in undertaking their role and to ensure that Council would continue to provide appropriate financial and other support.

 

It was mentioned in the report that one of the ways of supporting committees would be to provide them with an information manual to assist with “best practice” land management.

 

It was also resolved that all committees be advised of the intent to transition to advisory committees and that the CEO provide quarterly reports to Council of progress.

 

This report is to advise Council of progress with the project.

 

 

 

The resolution at the March 2013 council meeting was as follows:

 

·    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;

·    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;

·    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;

·    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

·    The Chief Executive Officer report to Council on a quarterly basis of the progress being made in implementing this decision.

2.       Discussion

 

The CEO and other Council staff has met with some special committees to advise them of the review of Council’s section 86 committees and the proposed approach to Council’s land management arrangements. There has been limited discussion with other committees and groups as it became clear during the      development of the information manual that it would be more useful to discuss that with committees to assess its value to them and to tailor it accordingly. 

 

              Significant work has been undertaken to produce a Land Management Information Manual (the Manual), a draft of which is attached for Council’s information. 

 

As part of that work a number of matters have revealed that a transition to advisory committees under the Act may not always be the best approach, or achieve the desired outcomes around accountability and governance. It is clear though that an advisory role would be inherent in the role played by committees acting as Council’s land managers, irrespective of whatever “legal form” they may ultimately take.  

 

The proposed approach to future land management arrangements in Buloke Shire will be a tiered approach, intended to provide land managers with a (structured) level of independence but providing ways in which there can be proper accountability to the Council for their management of a public asset.

 

The tiered approach is consistent with the approach taken by the Department of Environment and Primary Industry (DEPI) in relation to the management of Crown Land by committees of management. The approach is also consistent with the approach taken by Consumer Affairs Victoria to incorporated associations under the Associations Incorporation Reform Act 2012. 

 

The tiers are based on the value of the asset being managed, the complexity of user arrangements and the income received by the association. 

 

The tiers also apply appropriate levels of accountability, so that the higher the value of the asset or the income received, the higher the requirements are for reporting and financial transparency.

 

       The land management tiers to apply in Buloke are:

 

§ Tier 1:  Special committees - a committee appointed by the Council under section 86 of the Local Government Act to manage facilities on Council land.  These committees and their individual members have specific requirements applied to them by the Act.

 

§ Tier 2A:  Licensed User - a committee incorporated under the Associations Incorporation Reform Act 2012 and authorized by the Council through a license or other formal document to occupy facilities with multi users (i.e. multi use recreation reserves) and to manage those facilities for and on behalf of the Council.

 

§ Tier 2B:  Licensed User – a committee incorporated under the Associations Reform Act, individuals and authorized by the Council through a license, lease or occupancy agreement to occupy land for a particular purpose (i.e a bowling or croquet club or historical society, etc.)  Tier 2B licensees will generally have a single focus. . 

 

§ Tier 3:  Reference Groups – a group or individuals that have a particular interest in a facility, such as swimming pools, hall or parks, and who provide information and advice to Council or whom Council uses as a “sounding board” for various proposals that might come up from time to time in relation to the facility.

   

The majority of Council’s land managers, and particularly those managing the larger multipurpose recreation reserves, will fall into the Tier 2A category.

 

Tier 2A licensed users will have the highest accountability requirements applied to them. 

 

The term “licensed user” has been used to distinguish the arrangement from the more legal term of “licensee”. The term “licensee” usually carries with it a particular meaning in law (in basic terms, a right to access and use land or a facility for a prescribed purpose). The broader term of “licensed user” is more relevant for Buloke’s purpose which is a right to occupy land for the purpose of managing the land for and on behalf of Council. 

 

The arrangements with land managers will be formalised in an appropriate document.  This will provide clear statements about roles, rights and responsibilities.  The approach will ensure that there is a proper documented system in place which then provides the opportunity to properly monitor the land management arrangements and compliance requirements.

 

There are some land managers that currently have a lease with Council to occupy Council land. Leases will remain in place for their expressed term, but may require some modification or additional documents to ensure that land management functions are being properly undertaken and are     properly accounted for.

 

The approach identified in the draft Manual is based on the requirement that all Tier 2A and 2B licensed users be incorporated under the Associations Incorporation Reform Act.  This requirement ensures a level of protection for individual members of the Association and at the same time achieves a level of independence for those land managers which may assist them with compliance for other requirements such as licenses for the sale of alcohol, insurance, etc. 

 

Many of the committees currently managing Council land are already incorporated under that legislation so the requirement will not cause an additional burden.  For those that are not incorporated associations, Council will provide some “administrative” and financial assistance, although the costs of incorporation are not high.

 

An additional benefit of the incorporation approach is that the financial statement for Tier 1 associations (those with income up to $250,000 per annum), required to be forwarded as part of the annual statement to Consumer Affairs Victoria would seem to be appropriate for Council’s financial reporting requirements.  This will eliminate duplicated reporting requirements.

 

Draft Land Management Information Manual

 

The draft Manual is a work in progress.  It has been developed with a focus on Tier 2A and Tier 2B licensed users, but will provide consistent information that is available and relevant for all land managers. 

 

       The Manual is part directional (reinforcing reporting and other requirements that will also be included in formal arrangements with land managers), part guidelines (which in addition to “best practice” approaches will include things such as template user agreements and land suitability checklists) and part information (links and references including to other best practice guides). It outlines:

§ Council’s roles and responsibilities;

§ Requirements applying to all land managers, which includes a legislative overview of requirements applying to special committees and special committee members  and requirements applying to other land managers;

§ Requirements and information about the roles and responsibilities of land managers which includes:

·      Requirements about management of land use and maintenance responsibilities (detailed in an appendix to the Manual);

·      record keeping and reporting to Council;

·      requirements about financial management (which is not a Council responsibility but something Council needs to be aware of in terms of both the asset and of contributions/allocations), including information about funding sources;

·      identification of risk management and insurance responsibilities, including emergency management;

§ Other compliance requirements, such as compliance with Council Policies, local laws and state government legislation including occupational health and safety, food safety and liquor licensing requirements; and

§ Frequently asked questions.

 

There is still further work to be done on the Manual but consultation on it and further development will have been undertaken by the time of the next report to Council.

3.       Financial Implications

At this stage, there are no direct financial implications but there could be some expenditure incurred later in the transitions to assist land managers with incorporation and other associated expenses.

4.       Community Consultation

As advised above, there will be detailed discussion with land managers and an opportunity for their input into the Manual.

5.       Internal Consultation

The Manual has been developed with key Council staff involvement.

6.       Legislative / Policy Implications

As previously advised, the proposed approach with Council’s land management arrangements is to address compliance and governance obligations under the Local Government Act and other legislation, with the intention of reducing compliance risk for Council and community members in particular, and achieving a balanced approach to governance that is appropriate for the circumstances. 

7.       Environmental Sustainability

No implications at the current stage.

8.       Conflict of Interest Considerations

Nil.

9.       Conclusion

There is satisfactory progress being made with the implementation of the new arrangements to apply to land management within the Shire.


Buloke Shire Council Ordinary Meeting Minutes                                                       Wednesday, 10 July 2013

7.2.6                 Review of S86 Committees

Attachment 1    Draft Committees of Management Manual

 

BULOKE SHIRE COUNCIL

 

 

 

 

 

LAND MANAGEMENT INFORMATION MANUAL

 


1.   INTRODUCTION

 

Like all Councils in Victoria, Buloke Shire has many community groups and individuals that volunteer to manage Council and community assets on Council land -  Council land being all land either owned or controlled by the Council, such as Crown Land where the Council is appointed as the committee of management under the Crown Land (Reserves) Act 1978.

 

Council and community assets can be multi use sporting facilities on reserves, usually on land owned by the Crown, to bowling greens, museums, parks and small halls that may be used only once or twice a year.

 

Council has a variety of land management arrangements in place ranging from special committees appointed by the Council under the Local Government Act 1989 (“the Act”) to leases and licenses with individuals or groups for specific land to informal committees or advisory groups that have an interest in a facility, such as swimming pools or parks.

 

Council’s land managers have custody and control of community assets.  This means that there are expectations about how those facilities are managed and operated and requirements and standards that must be followed by land managers, particularly those that are in officer bearer positions on management committees.

 

       Different requirements applying to the management of public land (whether owned by the Council or the State Government), results from the way in which the “managers” are appointed.  The controls are not so much directed at how Council land is managed, but more at the how committees or organisations that are appointed to manage the land are regulated.

 

       At times, compliance with requirements can be onerous and overwhelming for committee members.  Many changes have occurred (mostly in State legislation) which means that being a member of a committee managing public land and facilities is no longer a simple task. There are increased risks to individuals who participate as office bearers of committees.

 

       Because community involvement in the day to day management of community facilities is important to the Council, it is essential that community members are supported in their roles as far as possible and that any possible risk to individuals from being involved is reduced.  This Manual is a resource to support land managers in carrying out their roles for Council and the community.

 

2.   LAND MANAGEMENT IN BULOKE SHIRE

 

There are many models, including at both State and Federal Government level, of public land management through a variety of arrangements. Typically these might be:

 

·    Committees appointed by Council  - with delegation or no delegation of powers, functions and duties of the Council

·    Licences - authorised by the Council through a licence or other formal document to occupy Council land and to manage those facilities for and on behalf of the Council or licensees permitted by the Council to occupy land for a particular purpose

·    Leases – authorised by a lease to exclusively occupy Council land

·    Direct management of Council land by Council staff or organisations contracted to manage a specific function

·    Other arrangements, such as Joint use Facility Agreements where a number of Government entities and possibly community groups share a facility. Leases and Joint User agreements are used to evidence the understandings between the parties about access, priority of users, responsibility for capital improvements and maintenance, costs of utilities and so on.  They are not dealt with in any detail in this Manual. 

 

All of these arrangements exist in Buloke Shire.

 

The traditional approach of appointing special committees to manage Council land is no longer considered the best approach for the needs of the Council or the community or for the volunteers who are members of committees. Council has determined that a “horses for courses” approach, resulting in a tiered structure designed to match the value of the asset with the level of responsibility and accountability required of the management group, is the better option for land management in Buloke Shire.

 

That tiered structure is:

 

·    Tier 1:  Special committees - a committee appointed by the Council under section 86 of the Local Government Act  to manage facilities on Council land.  These committees and their individual members have specific requirements applied to them by the Act.

 

·    Tier 2A:  Licensed User - a committee incorporated under the Associations Incorporation Reform Act 2012 and authorised by the Council through a licence or other formal document to occupy facilities, predominantly multi use recreation reserves, and to manage those facilities for and on behalf of the Council.

 

·    Tier 2B:  Licensed User – a committee incorporated under the Associations Incorporation Reform Act 2012 and authorised by Council through a licence, occupancy agreement or other formal document to occupy land for a particular purpose, such as a bowling or croquet club or historical society.  Advice may be sought from the group for Council’s strategic management of the land.

 

·    Tier 3:  Reference Groups – a group or individuals that have a particular interest in a facility, such as swimming pools, hall or parks, and who provide information and advice to Council or whom Council uses as a “sounding board” for various proposals that might come up from time to time in relation to the facility.

 

            While an overview is provided in this Manual on requirements applying to special committees, most of the information is provided for Tier 2 land managers as it is that category that will be responsible for management of the majority of Council land not directly managed by the Council.

 

3.   COUNCIL ROLES AND RESPONSIBILITIES

 

Council as the land owner or as the appointed committee of management under the Crown Land (Reserves) Act has obligations in respect of that land. Some obligations are prescribed in legislation such as the Local Government Act and the Crown Land (Reserves) Act but other obligations arise because Council owns or is in control of the land.  For instance, as a land owner Council is responsible for fire prevention. Some obligations are those that Council applies to its own operations as additional ways of achieving compliance with legislation or observing best practice principles. These requirements may be in Council Policies or in Council resolutions.

 

When Council appoints a community committee to manage land, Council still needs to ensure that legislative obligations are being met, that any agreements between the Council and other entities relating to the land is not being breached and that the land is being managed appropriately.  To achieve the best possible outcome, Council will support each land manager to achieve the various requirements in a number of ways, including:

 

·    clarifying the roles and responsibilities of the land manager in relation to the land managed in an appropriate document such as an agreement, license, lease or instrument of delegation;

·      applying a consistent approach within land management categories so that everyone understands the “rules” that apply and how they’re administered; 

·      providing information and support on major matters such as risk, finance and funding;

·      providing information about Council processes such as the budget and how to get things fixed or attended to;

·    providing information, such as this Manual and other relevant information as it becomes available or as relevant legislation changes; and

·    clarifying the position in relation to maintenance and other processes associated with land such as how to report defects or hazards.

 

Primary Council contacts

       In undertaking roles and responsibilities land managers need to know who they can obtain information or advice from or where to go when something is needed.

 

The main contact number for the Council is – 1300 520 520.  Council’s Customer Service Team know who to forward calls to.

 

The following Table is a guide to where information and assistance can be obtained from.

 

 

Information about…..

Contact Person

Urgent matters such as sudden damage and after hours emergencies

1300 520 520

General inquiries about hire of facilities

1300 520 520

Maintenance

Recreation Officer

Reporting vandalism or theft

Victoria Police – 000/Recreation Officer

Redevelopment, alterations and additions

Recreation Officer

Machinery & equipment compliance assessments

Senior Procurement Officer

Special events

Recreation Officer

Food regulation

Environmental Health Officer

Alcohol & licensing requirements

Planning Officer

Insurance claims and risk related matters

Recreation Officer

Grants and other funding

Recreation Officer

Local Law permit applications or assistance

Local Laws/Compliance Officers

 

 

4.   REQUIREMENTS APPLYING TO LAND MANAGERS

 

As a landowner Council can authorise and delegate to others to control and manage its land, but Council remains ultimately responsible for whatever occurs on that land.  This is why land managers appointed by the Council need to understand their roles and functions, limits on their “powers” and their obligations to the Council to manage land in the best interests of the community.

 

Historically, committees of management have been the usual way for Council land to be managed. Section 86 of the Act allows Councils to appoint committees with delegated powers and provides for other types of committees that do not have delegated powers to be appointed. Council as a landowner has the same rights (subject to any legislative requirements or restrictions), as private landowners to deal with its land in any way it thinks is appropriate. However, Council as a landowner of “public land” is expected to be more responsible and is answerable to Government and the community for the way in which Council land is managed and dealt with.

 

Appointment of land managers:  Special committees and licensees are not appointed indefinitely or provided with an open ended licence to occupy and manage Council land.  Appointments will be reviewed by Council regularly to determine whether they continue to be an appropriate way to manage Council land. The review will occur every 4 years to coincide with a number of things that must be reviewed following a general election of Councillors.

 

The way in which a land manager is appointed by the Council will be evidenced in a formal document such as in instruments of delegation, a licence or in some cases a lease.

 

        The following requirements set out contemporary governance and best practice principles that Council’s land managers should follow in carrying out that role.

 

Special Committees

 

Special committees are appointed by the Council under section 86 of the Local Government Act and are usually delegated to undertake a specific function on behalf of the Council. Where a Council delegates powers and functions to a special committee the acts done under that delegation are considered to be the acts of the Council. This means that a special committee and its members are subject to some of the same requirements that apply to Councils and Councillors.  Acts of a committee not done under delegated powers are not the acts of the Council and cannot be given effect to until Council has approved the committee’s decision.

 

Form of appointment:  Special Committee appointments and delegations should be evidenced in an Instrument of Delegation.  The types of matters that should be included in such a delegation include:

 

• a statement on the role and function of the Committee

• a statement about the powers delegated to the Committee and powers not delegated

• a statement about limitations and restrictions on the exercise of those powers

•      requirements applying to meetings such as the number of meetings to be held each year and a requirement to comply with Council’s Meeting Procedure Local Law in relation to notice of meetings, meetings to be open to the public, the provision of agendas and minutes etc

• reporting requirements including submission of committee meeting minutes and annual   financial      statements

• requirements to comply with relevant legislation such as the Local Government Act (where           applicable to special committee members,) Freedom of Information, Information Privacy Act and   Public Records Act

• requirements to comply with relevant Council Policies.

 

The Local Government Act also sets out requirements applying to special committees which committee members should be familiar with.  These apply to meetings of special committees and are found in:

 

·    Establishing a special committee - section 86: deals with Council’s power to appoint members and to remove members from a special committee, the requirement for the delegated powers of a special committee to be included in an instrument of delegation and identifying the powers that cannot be delegated to a special committee;

·    Meeting processes - section 87: sets out requirements applying to special committee meetings such as the appointment of a Chairperson, setting times and dates for special committee meetings, limits on committee decision making and a power for the Council to specify in an instrument of delegation that a committee member who is a member of Council staff or a member of the public does not have voting rights;

·    Open meetings - section 89: contains a requirement that meetings of special committees must be open to the public except if the committee is discussing one of the matters listed in the section and a requirement for the chairperson of the special committee to give reasonable notice of special committee meetings;

·    Voting - section 90: sets out how voting is to occur at a special meeting and how a decision is determined – ie: a decision is determined in the affirmative if the majority of the members of the special committee present at a meeting at the time the vote is taken vote in favour of the question;

·    Application of meeting procedure local laws - section 91: requires Council to make a local law governing the conduct of special committee meetings, requires a majority of members of the special committee to be a quorum and for resolutions of a special committee to clearly state the intention and effect of the resolution;

·    Minutes of meetings - section 93: requires that the Chairperson of a special committee to arrange for minutes of a committee meeting to be kept, prescribes the contents of the minutes and how minutes are confirmed.

 

             Members of special committees need to be aware that under section 93A of the Act that, just like a Council, they cannot make a major policy decision during the election period for a general election, unless an exemption from the Minister for Local Government is obtained. In Buloke’s case, it is unlikely that the restriction will be a difficulty for a special committee as “major policy decision” is given a specific meaning in the Act and includes decisions relating to the position of the Chief Executive Officer and to entering into a contract where the total value exceeds $100,000 or 1% or revenue from rates and charges, whichever amount is greater.   

 

Disclosure of interests: Significant requirements applying to members of special committees are those in the Part 4 of the Act (that also apply to Councillors) requiring disclosure of any direct or indirect conflict of interest that they have in a matter being considered by the Committee. The following is a summary of the key requirements about disclosure of interests in the Act, but the summary is no substitute for reading the legislation:

 

·    section 77A – the section contains the primary statement that a person has a conflict of interest in respect of a matter if they have a direct interest or indirect interest in the matter being considered by the committee.  A person will have a direct interest in a matter if there is a reasonable likelihood that the person will receive a direct benefit or loss that can be measured in financial terms if the matter is decided in a particular way.  A direct interest will also arise where a person (or a family member) has a controlling interest in a company or other body that has a direct interest in a matter. 

 

     Section 77A(3) contains a list of matters that will be considered to be an indirect interest in a     matter.  These arise in the context of the decision making role of the committee and are:

 

·   a close association with a range of people – section 78;

·   a financial interest arising because the member is a shareholder of a company or is    owed a debt – section 78A;

·   conflicting duties – because of work or a particular position is held – section 78B;

·   receipt of “applicable gifts” being a gift exceeding $500 that has been received in a 5 year   period before any decision as a committee member is made involving the gift giver - section     78C.

 

There are some exceptions to the requirements.  For instance, where a direct interest or indirect interest is so remote or insignificant that the direct interest or indirect interest could not reasonably be regarded as capable of influencing any actions or decisions of the person as a committee member.  Other exceptions include where the interest is held as a resident, ratepayer or voter and does not exceed the interests generally held by other residents, ratepayers or voters or the interest in held in common with other ratepayers. 

 

A person who is a member of a club or organisation that has a direct interest in a matter does not have a direct interest because of that membership or does not have an indirect interest because of membership unless an indirect interest arises from close association, conflicting duties because of a work relationship or because they have received an applicable gift.

 

These requirements can have significant implications for the way special committees function in small rural shires like Buloke.  For instance, there is a potential to have an indirect interest in a matter before the committee because of “close association” (section 78) arising from the direct or indirect interest of a “family member”, “relative”, “domestic partner” and others. The requirements also have the potential to limit a member’s capacity to be involved in decision making as a member of the committee and the real potential of individuals being exposed to prosecution for breaches of the Act.  

 

Special committee members need to be alert to the possible circumstances that can lead to a direct or indirect interest in a matter being considered and determined by that committee.

 

Register of interest returns: The Act also requires that the Council may determine that members of special committees submit annual register of interest returns in the same way that Councillors do. 

 

Compliance with legislation: Obligations under legislation such as the Freedom of Information Act, Public Records Act and the Information Privacy Act apply to special committees as entities of the Council.  This is important in terms of how special committees keep records, including minutes of committee meetings.

 

Licensees

 

The majority of land managers for the Council fall into this category.

 

       The primary category of licensee - a Tier 2A licensee - will have a formal arrangement with the Council, either a lease or licence, to occupy and manage land and activities and uses on that land.  Their position as Licensee fulfils an advisory committee function for the Council in that they will also provide information and advice to the Council on a range of matters relevant to the land. This will assist with Council’s strategic management of the land.  These types of licensees may have access to a facility that is on a separate portion of land within a mutli use recreation reserve or it may be a stand alone property that has a specific purpose.

 

Incorporation:  Any licensee appointed must be an incorporated committee under the Associations Incorporation Reform Act 2012 or under other schemes of incorporation offered by a relevant peak body or Government entity.  Incorporated associations are required to report to Consumer Affairs Victoria in an annual statement that also includes financial statements.

 

Under the Associations Incorporation Reform Act requirements similar to those applying to Councillors and members of Council’s special committees are now specifically applied to members of incorporated associations.  For example, members that have a material personal interest in a matter being considered at a committee meeting must not vote on that matter.  Office bearers of the incorporated association must carry out their duties with due care and diligence.

      

       Under the Associations Incorporation Reform Act, the Rules of an incorporated body will require statements about the roles and functions of office bearers, requirements about meetings, including a requirement to hold an Annual General Meeting and requirements relating to the financial affairs of the incorporated body.  Despite land managers being established under another mechanism, there is still a need for land managers to apply appropriate governance arrangements to the way they operate and manage Council land.

 

  Form of licence:  There are minimum matters that should be included in a licence, including the period of the licence and:

 

· a description of the roles and the licensee’s purpose;

· a description of the land and its purpose;

· powers of the licensee in relation to the land and exceptions to those powers such as no power to      change the use of the land;

· financial requirements;

· maintenance responsibilities;

· risk management and insurance requirements, including requirements about notification of incidents, near misses, hazards or defects;

· restrictions applying to alteration or development of the land including a requirement that written   approval of the Manager of Assets and Infrastructure be obtained before making any changes to the    land; and

· compliance with relevant laws.

 

       Committee office bearers:  The details prescribed in legislation and the Rules of an incorporated association concerning the roles of the association’s office bearers are not matters that particularly concern Council. However, to achieve the best outcomes for the association, an incorporated body needs to make sure that members elected to undertake specific tasks as office bearers have sufficient skills or experience to undertake those tasks.

 

       Many of the requirements applying to members of committees of incorporated associations parallel requirements applying to Councillors and members of Council’s special committees.  The committee is responsible for ensuring that it complies with relevant requirements, not Council.  Rigidly applying Local Government Act requirements to an incorporated association appointed as a land manager for the Council is simply duplication and is not seen as adding any additional controls that will provide additional benefits to the community or users of the Council land. Despite that, Council must be informed of changes in office bearer positions or anything that may change the status of the incorporated association that is managing Council land.

 

5.    ROLES AND RESPONSIBILITIES OF LAND MANAGERS

 

       The roles and responsibilities of any section 86 committees appointed by Council will be set out in the relevant Instrument of Delegation and any other document developed for the specific circumstances.

 

       While special committees can carry out any function or power of the Council, the Act also expressly excludes the delegation of some matters to special committees.  For instance, a special committee cannot be delegated the power to declare a rate or charge.

 

The key roles of Council’s land managers and specifically, Licensees, are to:

 

•           act as custodian of the asset or facility for the community on behalf of the Council;

•           have the day to day control and management, including of financial matters, of a facility;

•           plan, promote and co-ordinate use of the facility;

•           ensure that the facility in kept in a safe and satisfactory condition;

•           manage risks that may emerge in the facility;

•           co-ordinate and represent user groups; and

•           keep adequate records so that at any point in time the position of the land can be established.

 

            

Management of land use: Land Managers have a responsibility to oversee the activities of seasonal and casual hirers of facilities on the land managed by them and will determine access and use by seasonal hirers to facilities on the land.  The Land Manager will be responsible for ensuring that all users complete either a seasonal use agreement (such as for football or cricket) or regular or casual users complete the form “Application for Hire”.  Both documents contain terms and conditions that they user/hirer must comply with, including that the user/hirer have current insurance.  It is the responsibility of the Land Manager to ensure that user groups or individuals, whether on a seasonal or casual basis, have that insurance by requiring that a certificate of currency be provided. 

 

Templates for hire can be found in the Appendices to this Manual.

 

       For seasonal users – see Template for Seasonal User Agreement –Appendix 1

 

       For regular or casual users – see Template Council Buildings - Application for Hire & Venue Hire terms and conditions – Appendix 2

 

       Maintenance of the land: Council and the Land Manager share maintenance responsibilities.  Generally Council will be responsible for major structural maintenance and repairs and replacement while the Land Manager will be responsible for more day to day maintenance matters.

 

The Table in this Manual identifies maintenance responsibilities.

 

  Maintenance Responsibilities – Appendix 3.

 

Record keeping and reporting to Council:  As a general requirement, adequate records must be maintained by the Land Manager so that it is possible to establish the position of the land and the land manager at any point of time. Where Council has been appointed as a committee of management of a Crown reserve and has delegated that function to a community committee, Council should be in a position to know what the current state of play is on that land. For these reasons Land Managers of public land must be accountable to the Council and the community for the way in which the land is managed and cared for.

 

            Licensees must prepare a 5 year Facility Upgrade Plan and must review the Plan each year.  The Plan needs to identify proposed additions and improvements.  Whether the Land Manager or not is applying for funding under Council’s Community Grants Program, these plans must be submitted to Council each year.

           

              Facility Upgrade Plan Template - Appendix 4.

 

            In addition to other specific reporting requirements in this Manual, Land Managers that are Tier 2A Licensees are required to submit the agenda for their Annual General Meeting to Council’s Recreation Officer not less than two weeks before the meeting.  Minutes of the AGM must also be submitted to Council’s Recreation Officer as soon as possible after the completion of the AGM but not later than 1 month after the meeting.

           

            Financial Management:  Land Managers will be incorporated associations established under the Associations Incorporation Reform Act 2012.  They are required to prepare annual statements that must be submitted to Consumer Affairs Victoria.  Based on the template report provided by Consumer Affairs Victoria, those annual statements will include financial statements. Those financial statements can be submitted to Council and will be considered sufficient to satisfy Council’s requirement that it be provided with annual financial information from Land Managers.  

 

Limited funding is available from Council under its formal Grants Program to assist with Buloke community based programs and projects. Applications under the Program are assessed in line with the process and requirements in the Community Grants and Sponsorship Program Guidelines.  The Program applies to all applications to Council for funding (other than annual allocations identified in the Guidelines), whether the application is for capital infrastructure grants (major or small capital infrastructure grants), organisation or project support, small grants or sponsorship.  Donations are not provided by Council. 

 

       Annual Budget allocations:  Council provides an annual financial allocation to committees managing      principal recreation reserves based on a formula that is intended to reflect recreation needs in a      particular community.  Council contributes to the operational costs of some facilities. 

 

       It is intended that funds allocated be applied to the cost of building and grounds maintenance responsibilities, utility costs and costs of the insurance that the Licensee is required to maintain.

 

       These    allocations are provided in November each year, subject to the Land Manager submitting the required financial reports and annual general meeting agenda and minutes in October each year.

 

Capital Infrastructure Grants (small & major):  Funding for new buildings or facilities, building additions, improvements or substantial repairs as well as other facility upgrades will be addressed as part of Council’s capital works program.  Applications will be assessed under the Community Grants and Sponsorship Program Guidelines which requires the submission of certain information which, for Land Managers will include the provision of annual financial statements and the 5 year Facility Upgrade Plan in addition to other prescribed information, by the last day of February each year. This information is important for future planning and allocation of resources for facility improvements within Council’s planned capital works program.

 

It is essential that Council is involved early in the development of any proposals that involve capital infrastructure and the Community Grants and Sponsorship Program Guidelines require that be the case. The Guidelines use the term “shovel ready” to describe the status of the proposal so Land Managers are expected to submit fully costed and well developed plans for capital infrastructure proposals. The Guidelines are looking for a demonstration that Land Managers are prepared to help themselves by providing some of the funding for the proposal and those that can do so will satisfy one of the important criteria applied to assessment of a proposal. 

 

Contact Council’s Recreation Officer for assistance in developing proposals for capital infrastructure   and Council’s Community Development Officer for assistance in developing applications for funding under the Community Grants Scheme.

 

       Organisation or Project support: Council can allocate funding to support organisations to fund management and planning costs to assist an organisation to become more sustainable and improve     service delivery.  Project support can also be obtained to fund one off projects that deliver a    community benefit.  Funding for equipment or machinery related to a project may be able to be    sourced under this category.  Applications can be made under the Community Grants and   Sponsorship Program Guidelines which includes requirements about information to be submitted.

 

       Grants and sponsorship:   The Community Grants and Sponsorship Guidelines also describe the processes applying to access small grants (up to $500) and sponsorship. 

 

       As with all applications for funding under the Community Grants and Sponsorship Program, prior      discussion with Council’s Recreation Officer and Community Development Officer will provide   identify requirements that will need to be addressed and how an organisation can best meet those requirements.

 

       Grants available from other Government programs: 

 

The Community Facility Funding Program (CFFP) which is open to Councils and to community organisations for funds for minor facilities which is administered by Sport and Recreation Victoria. 

 

Access to the CFFP and any funding applications for facilities on Council land should be done through Council.  Inquiries should be made to Council’s Recreation Officer.

 

Guidelines for funding applications and more information can be found at:

 

http://www.dpcd.vic.gov.au/home/grants/all-grants/community-facilities-funding-program

 

Regional Development Victoria also provides grant funding for economic and community development but the program is not specifically directed at sporting facilities.  For more information see:

 

http://www.vic.gov.au/contactsandservices/directory/?ea0_lfz99_120.&organizationalUnit&68ef2c1e-147e-41c3-b33d-948b7968d993#Key%20Staff

 

       Other funding:  Funding can be obtained from other sources such as sponsorship or donations.     Land Managers need to ensure that any conditions that apply to sponsorship are not   contrary to Council policy or any applicable law.

 

       User Fees and Charges

       Land Managers can raise additional funds by charging fees for use of facilities but if fees are charged it is important that some rigour and consistency is applied in determining the amount of fees.  Decisions about fees should be based on established criteria.  For instance, fees for use of an oval could be based on the level of use, the amount of maintenance likely to be needed to keep the oval in a safe and appropriate condition, costs associated with the oval such as water, surface treatments etc, a proportion of the overall insurance costs, general wear and tear and whether members of the association will need to be in attendance for the event.  In the case of a hall or a building being hired, matters considered in determining fees could include the purpose of the hire, the extent to which additional facilities in the building will be used, a proportion of the overall insurance costs, general wear and tear and whether the hire is a casual or regular hire.

 

       Fundraising

       Land Managers can conduct their own fundraising activities provided any relevant legislation is     complied with.  More detail is provided in the FAQs.

 

Risk Management and Insurance

 

One of the strategic objectives in the Council Plan is about responsible government with a strong emphasis on risk management.  Proper management of risks is considered to be an essential feature of appropriate governance practices, especially as the costs of claims from bad practices means that the costs of buying insurance is continually increasing.  Good practice requires that Council is proactive about early identification of risks and that it takes steps to reduce risks and ultimately costs from claims.

 

“Risk” and “risk management” are terms that are consistently defined as:

 

“Risk” - the chance of something happening that has the potential to cause loss, damage or injury.

 

“Risk management” means identifying risks and taking steps to minimise the chance that a particular event will happen.

 

Proper risk management requires that practices and processes are put in place to identify risks and risk treatments that can be applied in a systematic way and in alignment with a maintenance schedule and Council’s budget.

 

Many of the facilities managed for the Council have a level of risk associated with their use.  All Land Managers should advise Council of risks that they become aware of.  Such risks could be from faulty equipment in a building or a playground, installation of equipment by unlicensed operator, property damaged by vandalism or general wear and tear of a building or a playing surface.

 

Land Managers should undertake a formal risk assessment at least every 3 months to identify risks on land that they manage. Risks identified should be reported to Council through its Council’s Customer Service System on 1500 320 320.

 

Land Managers should also ensure that risk management is a matter for discussion at all meetings. 

Land manager’s role in risk management:

 

       Land Managers are best placed to identify safety issues that arise on the land. Land Managers have a responsibility for the land they occupy and owe a duty of reasonable care to see that people on that land do not come to harm.

 

The exact nature of the reasonable steps that must be taken will vary depending on the nature and

significance of the risk and the practicality of the options available to reduce or eliminate that risk.

 

The identification process should be broad, so that all possible risks and safety issues on the land are

considered.

 

A risk assessment analyses the exposures identified, quantifies the likelihood of certain events occurring

and determines the nature and severity of the consequences should an incident occur. A public safety

risk assessment is a recommended approach to ensure that all reasonable and practical precautions

have been taken, based on the balance of the significance of the risk compared to the effort required to

reduce it. This takes into account the expense, difficulty and inconvenience of reducing the risk.

 

Identification of risk

 

There are many ways to identify risks including advice from users, checklists, reports and incidents,

incidents at other facilities, court rulings, inspections etc. The aim of the risk identification process is to

generate a comprehensive list of risks that might present a danger to users and affect the Committee’s

operations or objectives. Each of these risks are then considered in more detail to identify the potential

impact of each risk.

 

For each risk, consideration is then given to what controls are currently in place, if any, to prevent the

occurrence of the risk event. If the controls are considered effective, the severity of the risk will be

reduced. If there are no controls, or they are ineffective, then an action plan should be produced to

reduce or eliminate the risk.

 

The action plan should identify what is to be done at what cost, by whom and by when. Records should

be kept of the actions taken and each subsequent risk assessment should retain previously identified

risks, controls and actions.

 

Land Managers are required to:

•      assess the suitability of all reserves or playing surfaces to accommodate the sports to be played on them;

•      inspect each reserve or playing surface prior to each season to ensure they are suitable for the proposed use and forward an Inspection Report to Council (see Appendix 5);

•      determine and coordinate the dates and times that grounds and pavilions are allocated to individual clubs, including dates and times for pre-season training; and

•      identify and ensure that liquor and gaming approval requirements are enforced where applicable.

 

 

How to identify if there is a Risk to Public Safety

 

The following are some suggested steps to follow in assessing public safety risks at a particular site.

 

1.    Identify any hazards present from which a person may be injured or killed, for example, falls from height, then estimate the severity of consequences of a likely incident (for example, cuts or bruising, broken limbs or fatality).

2.    Determine if people have access to these hazards. Is it reasonable to expect someone might access the hazard? Is there, for example, free public access to a rooftop or is access prevented by locked access and barriers.

3.    Measure how frequently people visit the site where the hazard exists and the nature of its use (for example, is the site mainly used at times when there is poor lighting). An unfenced dam in a highly frequented area is quite different to an unfenced dam in a remote area where visitor numbers are minimal.

4.    Identify especially vulnerable groups. Do children frequently visit the reserve? Are visitors participating in activities such as water sports, bike riding or climbing that may increase the risks?

5.    Consider the above factors, together with any other relevant factors, and evaluate the risk to public safety.

 

Treating the Risks

 

       Once risks have been identified and evaluated the committee needs to take reasonable steps to treat the risk.  The examples below can be used to determine how to most effectively treat the risk, using the resources available. An assessment on a case by case basis is likely required as it may be that once the risk has been identified and treatment options considered, notification to Council is required to address the issue.

 

· Elimination – e.g. can a trip hazard be dug out of a path and removed?

· Engineering – e.g. can access to the area and the hazard be blocked with a fence?

· Administration – e.g. can signs be erected to warn people of the dangers and thereby      improve recognition of the risk by people visiting the area?

· Training – e.g. can people be instructed on how to avoid the risk, e.g. food handling.

· Personal protective equipment – e.g. can people be issued with lifejackets before entering   water.

 

       If an incident occurs which ultimately results in court action, the court will look at a number of things, including whether or not the actions to reduce the risk were reasonable based on what was known at the time. The court will also balance the significance of the risk against the cost, time and trouble that would have been required to reduce the risk.

 

Documenting your Actions

 

       Documenting the steps undertaken in deciding on a particular risk management plan is important for demonstrating why (or why not) particular actions were undertaken to address the risk and liability issues which have been identified. Appendix 6 contains a checklist to help identify and assess risks on recreational reserves.

 

Significant points to document include:

 

•      Were any risks identified?

•      Why were the identified risks thought to be important? For example, there are inadequate food handling practices and there is no person with a Food Handling Certificate or other relevant training.

•      Does the risk need to be reported to Council? For example, a path is considered to be high risk because community members have reported its condition. It may be relevant to include evidence, such as photographs. A report should also be made to Council.

•      What risk treatments were considered?

•      What risk treatments were agreed and how were these expected to reduce the risk? For example, barriers may stop someone walking along a dangerous path or signage may enable the person to take a different path (making an incident less likely). Improving the path may make it less dangerous (reducing the severity of injury).

•      Why were those particular risk treatments agreed on? For example, when balanced against the fact that there are very few visitors to areas other than designated lookout points, it was too expensive to erect barriers along 20 kilometres of cliff face. Instead, it was decided that barriers were to be erected along only the designated lookout points and surrounds.

•      What expert advice was obtained during the process? If the advice was not followed why was this?

•      Documents that show the risk treatments have been completed should be kept on record. For example, a contractor invoice or photographs of the area before and after the risk treatment has been put in place.

 

Responsibilities and Advising Council

 

       In many instances Council will need to be advised in relation to identified hazards, so that any required works can be included in Council’s maintenance schedules and capital works plans.

 

       Sometimes responsibilities may also overlap with other local, state and federal government agencies, such as VicRoads or the Department of Environment and Primary Industries (DEIP) (in relation to land that is owned by the Crown). This situation may occur where, for example, the public gains access to an area with an identified hazard through an areas controlled by another organisation. In these cases co-operation is required with other agencies and organisations to ensure that public safety risks are addressed and reduced as much as is reasonable practicable and that accountability is appropriately assigned. This may involve, for example, requesting another government agency to take action to reduce access to public safety hazards on that land.

 

What to do if there is an incident

 

An incident is an unplanned or unexpected event (or combination of events) which causes or has the potential to cause injury, illness or damage to plant/equipment or the environment and which also includes reports of theft or vandalism to Council assets.  An incident will usually fall into one of the following categories:

 

•      Workplace injuries (from minor to disabling);

•      Work illnesses;

•      Fire and explosions;

•      Equipment, plant or property damage (e.g. vandalism to Council property or damage to Council plant);

•      Exposure to hazardous substances or circumstances (e.g. a chemical spill); or

•      Any other serious incident.

 

       Regardless of how an incident is detected or whether or not a claim has been made, immediate action should be taken to have it investigated. This means that an appropriate member of the land management committee must report the incident to Council. It is essential that as much information is gathered as early as possible. Even if you think a claim may not be made the incident should still be reported and a claim may also not arise until many years after the incident occurred.  

 

       Council has incident reporting procedures which assist Council to comply with legislative requirements such as WorkSafe Victoria reporting, assist with Insurance and Police reports, identify practices and procedures which require altering, identify areas for additional training and monitoring incident trends.

 

 

An incident is not, for example, wear and tear or a defect within a Council asset, building repairs

or maintenance (where there has been no incident, such as a fall), or something where there has

been no damage or exposure. Routine maintenance requests should be reported directly to

Council through the CSS system.

 

If a member of the Land Management committee is verbally advised of an incident:

 

1.    Make a note of the date and time, who made the report and the date and details of the reported incident (including the location and the contact details of any person injured as well as the nature of their injury). Also include the names and contact details of any witnesses.

2.    Do not make any remarks or comments about the incident to the person making the report.

3.    Contact Council as soon as practicable about the incident and follow the course of action outlined.

 

If notification of an incident is made in writing:

 

1.    Make a note of the date the letter or claim arrived and how it arrived.

2.    Do not make any remarks about the incident to the person delivering the letter or claim.

3.    Do not reply personally to any letter or claim.

4.    Contact Council to advise of the incident and forward the letter or claim directly to Council, together with any photographs or other information relating to the incident.

 

Things to remember:

 

•      Call an ambulance if needed;

•      Remain calm;

•      Treat the person politely;

•      Take notes of what they are saying;

•      Advise the person the incident will be reported to Council;

•      Be empathetic with an injured person but do not admit responsibility for any incident;

•      Other than for the purpose of obtaining details of the incident, do not argue or discuss the cause of the incident with the injured person or witnesses(s);

•      Do not offer to pay for any medical or other expenses;

•      Do not agree that any equipment or facilities were faulty;

•      Do not blame other committee members, Council, employees or other persons or organisations; and

•      Do not discuss the incident with the media or other persons. 

 

The two main reasons for Council conducting an investigation are to:

 

1.    Determine the facts, including so that Council can consider whether there is a liability at law or whether the incident relates to another authority or person; and

2.    Identify the cause of the incident so that measures can be taken to ensure there is no recurrence.

Insurance

 

All members of a land management committee are protected by existing Public Liability Insurance policies held by Council.

 

       Members of a Special Committee appointed by Council under Section 86 of the Local Government Act to act on Council’s behalf, and provided the Committee member(s) was/were acting in accordance with the Instrument of Delegation their activities are covered under Council's insurance policy.

 

       Gaining insurance is one the best ways that committees and clubs can manage risk. The question is - what insurance is needed and what isn’t? Your committee’s risk assessment process will identify the type of risks the club is subject to. This will help determine whether insurance is available and appropriate. Some policies that may be applicable to your club:

 

Public liability insurance

To cover an organisation for its legal liability to third parties for personal injury or property damage caused by an occurrence in connection with the insured organisation’s business activities.

Professional indemnity insurance

To compensate the organisation for loss incurred through a claim made against the organisation for breach of professional duty arising form negligence, errors, omissions, defamation, loss of records or documents, dishonest acts etc by volunteers or paid staff.

Directors and officers liability insurance

To compensate committee members and office bearers for loss, including legal costs, where they have committed a wrongful act in the running of the organisation.

Personal accident insurance

To cover volunteers for any out-of-pocket expenses following accidental injury, disability or death while carrying out their work on behalf of the organisation. This type of insurance would normally cover loss of income.

Occupational health and safety cover

Workers compensation

Property contents insurance

Fidelity insurance

Building insurance

Travel insurance.

Associations liability insurance

Examples of legal claims/risks that Committees of Management/ sporting organisations are exposed to:

·      Negligence claims

·      Criminal liability

·      Discrimination

·      Occupier’s liability

·      Occupational health and safety

       For many clubs insurance are covered by authority bodies, so check with them. If clubs that are using your recreation reserve do not have public liability insurance to or above the value of $10 million, the Buloke Shire Council will not let you operate on their grounds or facilities.

       Suitability of machinery and equipment:   Machinery and equipment being used on Council land must be compliant with all current safety standards and other regulatory requirements.  This includes machinery and equipment owned or leased by the Land Manager or donated, equipment provided by members of the Land Management committee or volunteers helping with maintenance and other tasks.

       The machinery and equipment most commonly used will be lawn mowers, slashers, tractors and electrical equipment.

       Council can help land managers with their compliance obligations.  Council staff will do up to 2 inspections of machinery and equipment each year and provide advice and recommendations to assist with safety compliance.  Council can provide relevant forms such as safety checklists, information about safety standards and induction processes.  Land Managers will remain responsible for ensuring that equipment brought to the land by     committee members and volunteers is safe and compliant and should document the inspection results.  Council does not require copies of inspection results to be forwarded to it but requires that they be made available if required.

       For further information contact Council’s Senior Procurement Officer – 1500 320 320.

       Suitability of land and inspection reports:  Licensees are responsible for checking the suitability of land and buildings for each use. 

For seasonal users the licensee must do two inspections each year to assess whether the land is suitable for its intended use.  These inspections are to be done in April and October and the results of the inspection are to be written in the form provided in this Manual.  The inspection reports must be submitted to Council’s Recreation Officer.

 

            Inspection Report - Appendix 5.

 

 The MAV Best Practice Manual – Risks in Sports Reserves contains a checklist for inspections which is a good guide for Land Managers. 

 

 

Incident reports:

           

 

            Emergency management:

            Council is required under legislation to have a Municipal Emergency Management Plan which includes a number of sub plans such as those for fire and flood. 

 

            Under the Municipal Emergency Management Plan some Council land managed by Land Managers is designated as an emergency relief centre and must be made available in an emergency.  The following locations are classified as emergency relief centres:

 

            Birchip:

*    Birchip Leisure Centre

*    Birchip Hall

*    Birchip Stadium

 

Charlton:

*    Charlton Sports Stadium

*    Charlton Park

*    Charlton Shire Hall

 

Donald:

*    Donald Memorial Hall

*    Donald Sports Stadium

*    Donald Senior Citizens Centre

 

Sea Lake:

*    Sea Lake Community Centre

*    Green Lake Camp

*    Sea Lake Memorial Hall

 

Wycheproof:

*    Wycheproof Golf/Race Club

*    Wycheproof Shire Hall

*    Wycheproof Sports Stadium

 

       Under Buloke’s Fire Management Plan, Council has designated (and CFA has approved) the following locations as Neighbourhood Safer Places – places of last resort, during a fire emergency:

 

*    Donald Showgrounds

*    Charlton Shire Hall.

 

Both the Emergency Management Plan and the Fire Management Plan are reviewed annually and it is possible that these locations could change or they are added to.

 

Emergencies on Council land:

 

Emergencies take all sorts of forms, from fires and floods to medical emergencies, traffic and other transport accidents, violence and robbery to bomb threats and chemical spills.  All Council land needs to have effective emergency procedures in place and emergency equipment available.

 

Land Managers in conjunction with Council should ensure that there is emergency equipment at the facility, such as fire extinguishers and that there are clear exits that are adequately signed.

 

Emergency Management Procedures

 

The requirement for or extent of emergency procedures will obviously vary between the type of emergency that occurs and the facilities that it occurs on or in.

 

Effective emergency procedures are designed to ensure that people are safe in an emergency, but with a focus on those closest to the incident.  All facilities need to have in place effective emergency procedures.

 

In conjunction with Council, Land Managers should ensure that emergency equipment is provided at the facility, such as adequate fire fighting equipment and clear exit signs, that an Emergency Management Plan is in place and that users of the facility are aware of the Emergency Management Plan for the facility.

 

Council Officers will work closely with members of Land Management Committees to develop an Emergency Management Plan for each facility.

 

Emergency Management Plan

 

An Emergency Management Plan is a written set of instructions to help personnel deal with incidents or situations that pose a threat to life, health and property.

 

The Emergency Management Plan includes the following:

·    an Emergency Action Guide which is a written set of instructions which can be used as a guide in case of an emergency; and

 

·    an Evacuation Plan, which is a plan of the facility that indicates things such as the location of exits, fire extinguishers and fire hose reels, first aid kits and also the position of the nominated Assembly Points used in the case of evacuation.

 

A laminated A3 size copy of the Emergency Action Guide and the Evacuation Plan is required to be displayed at each Exit at the facility.

 

An Emergency Management Plan should be simple, flexible, written, tested and reviewed. The following points need to be considered when developing a suitable Emergency Management Plan.

 

  Familiarisation of Evacuation Process

       People utilising the facility are to be familiar with the evacuation process. As part of the Hire Agreement for the facility it is important to note the location of the displayed copies of the Emergency Action Guide and Evacuation Plan so that hirers are able to familiarise themselves with the information and instructions provided.

 

  Emergency Contact details

       Display emergency contact details on the Emergency Action Guide and review these annually.

 

  First Aid

       To ensure that appropriate steps are taken to meet obligations under the Occupational Health and Safety Act 2004 adequate facilities need to be available to ensure that Council land and buildings are without risks to health and safety of people on the land.  Adequate facilities can include first aid facilities and suitably trained people. It is the responsibility of the Land Manager to ensure that appropriate first aid facilities, including first aid kits are provided and that their location is adequately signed. The location of the first aid kit is to be noted on the Evacuation Plan.

 

  Council’s has a First Aid Policy that should be considered as it applies to any Council workplace.

 

  Raising the Alarm

       A alerting system should be in place to allow an emergency to communicated quickly to everybody present on the land.  This could be done by a whistle, bell or siren similar. This information needs to be included on the Evacuation Plan.

 

  Floor/Ground Plan of the Facility

       A clear and legible floor or ground plan of the facility forms the basis of the Evacuation Plan. The floor plan indicates such things as the location of exits, fire fighting equipment, first aid kits and also the position of the nominated Assembly Points used in an evacuation.

 

       Assembly Points

       Internal and external assembly points are to be identified. The internal assembly point is where the initial count of personnel can be taken. The external assembly point is where the personnel will be evacuated to upon orders.

 

  Fire Protection Equipment

  Fire protection equipment such as fire extinguishers, fire blanket and / or fire hose reels are required      at each facility. Council will arrange for fire extinguishers and fire equipment to be inspected on a six    monthly basis. People should be aware how to use the fire equipment.

 

  Training Personnel

  People need to be familiar with site emergency procedures through information provided in      meetings. An evacuation exercise should be conducted annually to test the adequacy of the process     

 

Chemical Safety

  Chemicals must be stored the site safely manner and in accordance with any specific occupational health and requirements. Appropriate fire fighting equipment must be available to deal with the types of chemicals on the site.

 

       Post Incident follow up

       Council’s Recreation Officer should be contacted as soon as possible after an incident. The Recreation Officer will complete an incident report and will follow up all necessary actions.

 

6.    OTHER REQUIREMENTS APPLYING TO LAND MANAGEMENT

 

   Application of Council Policies

 

Council Policies apply to all Council land and state the Council’s position on various matters that it requires to be observed irrespective of who is managing the land.  Council Policies currently applicable are:

 

*   Occupational Health and Safety Policy OHS1

*   Non Smoking Policy OHS2

*   Working in Isolation Policy OHS155

*   Drug and Alcohol Policy OHS161

*   First Aid Policy OHS150

*   Harassment Policy OHS153

*   Bullying Policy OHS157

*   Diversity Management Policy 159

*   Kerbside Waste and Recycling Collection Services Policy 167

*   Risk Management Policy 106

*   Fraud Protection Policy 149

*   Community Grants and Sponsorship – currently in draft.

 

Local Laws - behaviour and consumption of alcohol

 

Council’s Community Local Law No.10 applies controls to regulate behaviour on Council land so that people’s enjoyment of the land is not unreasonably interfered with. Council’s Authorised Officers have power to issue infringement notices when the Local Law is contravened. 

 

   Behaviour

   In clause 28 of the Local Law:

 

(1) A person using Council land must not behave in a way that could cause        harm or injury or which interferes with any other person’s enjoyment of    the Council land by:

 

(a)   using language or behaving in a way that is indecent, offensive    or abusive and which annoys, disturbs, interferes or obstructs any   person’s enjoyment of Council land;

 

(b)    acting in a way which could endanger any person;

 

(c)    damaging, destroying, defacing, removing or interfering with    anything in or on any building, improvement or other structure of   any kind;

 

(d)    acting contrary to any conditions or signs that contain conditions that apply to the use of the Council land;

 

(e)    removing trees, plants or any vegetation on Council land or roads;     or

 

(f)    acting contrary to any lawful direction of an Authorised Officer or  a   person in charge of a facility on Council land.

 

   Alcohol

   The Local Law also prohibits the consumption of alcohol or the possession of an open container of    alcohol between 11pm and 6am on streets and roads, in nominated reserves and in vehicles in nominated reserves.

 

Those nominated reserves are:

 

Birchip

1.  Birchip Park (Soldier’s Memorial Park)

2.  Taylor Park

3.  Lockwood Park

 

Charlton

1.  Rotary Park

2.  Gordon Park

3.  Traveller’s Rest

 

Donald

1.  Apex Park

2.  Soldiers Memorial Park

 

Sea Lake

1.  Lions Park

2.  Apex Park

3.  Sea Lake Community Centre and Football Grounds

4.  Sea Lake Recreation Reserve

 

Wycheproof

1.  Centenary Park

 

There are exceptions to the prohibition.  It does not apply to any part of a street or road or recreation      reserve which is licensed premises or authorised premises under the Liquor Control Reform Act     1998.

 

Council may grant a permit for the consumption of alcohol on streets and roads and nominated    recreation reserves within the towns of Birchip, Charlton, Donald, Sea Lake and Wycheproof.  This    could be where there is to be a community event.

 

Inquiries and Local Law permit applications should be made to Council’s Local Laws Officers – 1300     520 520.

 

        Smoking

        Council’s Non Smoking Policy prohibits smoking in all Council buildings including those that are leased, halls and swimming pools.  The Policy also prohibits smoking in Council vehicles.

 

        Litter and waste recycling

        Council provides a waste collection and recycling service to each Council property.

 

        Council’s Kerbside Waste and Recycling Collection Policy sets out the position in relation to waste collection from Council land, including reserves and where that land is occupied by a third party. Licensees are required to comply with Council’s Waste and Recycling Collection Policy.

 

        A Waste Service Fee will apply to all Council land leased to a third party who will be responsible for payment of the Waste Service Fee. A Waste Service Fee will also apply to all Council land occupied by a third party. Council may, by way of resolution determine to make a donation to a group or organisation occupying Council property. 

 

        Garbage and recycling bins are provided for a fee (which will be donated by Council) to the following Recreation Reserves on an “as needs” basis:

 

· Birchip Recreation Reserve

· Charlton Recreation Reserve

· Donald Recreation Reserve

· Sea Lake Recreation Reserve

· Wycheproof Recreation Reserve

· Nullawil Recreation Reserve.

 

        Additional services to reserves are provided for a fee. 

 

        The Policy also describes what occurs if community events held at reserves need additional bin services.

 

        Signage

        Signs may require a planning permit before they are installed or erected.  Contact Council’s Planning Officer by phoning 1500 320 320 to find out if a planning permit is required or what conditions may apply to signs in particular locations, such as those on highways.

 

        Signs, including those of sponsors, should not be offensive and should not breach legislation or Council Policy in relation to their content.

 

        If signs are installed and they contain a sign or pictogram that is “prescribed” under various Australian Standards, those Standards should be followed.

 

        Sponsorship

        Ongoing sponsorship or sponsorship for specific events from sources other than Council should not breach Council policy or legislation.

 

        Sponsorship signs on highways, such as the Calder Highway, will require a planning permit.

 

7.     FAQ’S

 

        Do Land Managers have to be incorporated under the Associations Incorporation Reform Act and why?

 

  Yes, unless there is alternative and acceptable incorporation option offered by a peak body.  The      requirement is to provide Land Managers with some independence from the Council but as an   incorporated body under the Associations Incorporation Reform Act, have status and powers of a    legal entity.  Incorporation under that Act also provides members with some protections from    individual liability. 

 

Why does a Land Manager have to report to the Council?

 

       Even though Council land and facilities on it are being managed by another body for Council, Council remains responsible for what happens on that land.  Council needs to be satisfied that the land which it owns or is responsible for is well run and that the asset continues to be properly cared for and maintained.  Council also provides significant funding to its recreation reserve committees and for other facilities.  Council needs to be satisfied that community funds are accounted for and are properly applied for the purpose.     

 

        What reports have to be submitted to Council and when?

 

· Financial statements – annually in October or in accordance with timeframes in the    Community Grants Program Guidelines.

 

· Five year Facilities Plan – annually in October or in accordance with timeframes in the    Community Grants Program Guidelines.

 

· Inspection reports (playing surface etc) – as they are done before the commencement of    each playing season (April and October).

 

· Incident reports – accidents, vandalism – within 4 hours of the incident.

 

        Who is responsible for maintenance?

 

   The Table in Appendix 1 sets out the basic maintenance obligations.

 

          Sometimes there might be variations to the Maintenance Table as part of the funding for the facility has been obtained from other sources and specific requirements about maintenance might be applied in a funding agreement.

 

        Who pays the insurance?

 

        All Council land is included in Council’s public liability insurance.

 

        Council will insure any buildings on the land that is owned or managed by Council. The Land Manager is responsible for property and contents insurance and if Council has property in the building, Council will pay for part of the property insurance.

 

        Users will pay public liability insurance ($10M) for seasonal or casual use of the land as the case requires. 

 

        Seasonal user groups and casual hirers must provide a certificate of currency as evidence of current insurance that they have. Potential users who claim that they cannot get insurance should be assisted and provided with names of insurers who operate in this area or, encouraged to contact their own insurer. If a potential user does not have insurance then access and use of the facility should not be allowed.

 

        Can the Land Manager hire contractors for minor repairs or if something minor is broken?

 

If the maintenance responsibilities in the Table show that Land Manager is responsible for the matter, then a contractor can be hired to do those repairs.  If the Land Manager is not shown as the responsible party, then the work that is needed should go through Council’s Customer Service System (works request) by phoning 1300 520 520.

 

        What should happen if the property is vandalised or something stolen?

 

The matter should be reported to the Police in the first instance.  Council’s Recreation Officer should also be advised as soon as possible so that insurance and other processes can be done as quickly as possible.

 

        Where can Land Managers obtain funding from?

 

        Council may provide funding as part of an annual allocation in the Council budget or as part of the Community Grants and Sponsorship Program.  

 

Funding can also be provided for major works/redevelopment as part of the capital grants program within the budget.  Part 5 of this Manual provides extra information about how this is done.

 

Funding may also be available from other sources such as Regional Development Victoria or the Community Facilities Funding Program administered by Sport and Recreation Victoria, which needs to be supported by Council as the application is made by Council. 

 

Recent changes to the Community Facilities Funding Program will allow community organisations to apply for funding for “minor facilities” and soccer facilities.

 

Some of these programs may also require ongoing Council involvement or monitoring.  There is some more general information provided in Part 5 of this Manual.

 

        Can Land Managers fundraise?

 

Yes, but there is legislation that must be complied with.  The Fundraising Act 1998 requires that all fundraisers be registered unless one of the exemptions apply.  Organisations that do not raise more than $10,000 in a financial year and which do not get paid for fundraising and who do not use volunteers are usually exempt from the requirements of the Fundraising Act.

 

If there is some uncertainty about whether approval is required contact Consumer Affairs Victoria or look at http://www.consumer.vic.gov.au/clubs-and-not-for-profits/fundraisers for preliminary information.

 

If a “small job” needs to be done in a building or on the grounds, do Land Managers have to go through all the Council “red tape”?

 

If it is a job that the Land Managers are responsible for under the Table at Appendix 1, approval from Council is not required.  Land Managers need to keep in mind that as occupier of a building or land that there may be legal consequences if appropriate care is not taken.  For instance, if work is done or repairs made by a person who does not have the appropriate trade qualifications or accreditation.

 

        Who is responsible for electrical and other installations in the building?

 

        Electrical, plumbing, sewerage or drainage installations are matters that Council is responsible for.

 

What if the work is urgent, like a burst water pipe or a blown powerboard?

 

Call Council on 1500 320 320.

 

   Who is responsible for maintenance of grounds, including surface of the playing fields,     tennis courts and so on?

 

   Generally the Land Manager or user groups are responsible for these matters. It would be usual for   part of any annual financial allocation to be applied towards grounds/playing fields maintenance.

 

What if modifications to a building or a new facility is required?

 

   Unless a matter is urgent, modifications or alterations to a building need to be identified in the Land    Manager’s 5 year Facilities Upgrade Plan.

 

Can food or alcohol be sold?

 

Yes, but both activities are regulated by State legislation.

 

   Food preparation and sale, even that done by volunteers and community groups and even “one-off”      events, is regulated under the Food Act 1984.  Registration with Council is required. Contact   Council’s Environmental Health Officer for information on the registration requirements.

 

   If it is intended to sell alcohol on the premises, then a permit must be obtained from the Victorian Commission for Liquor and Gambling Regulation.  There are different types of permits so advice should be sought from the VCLGR to clarify what is required.

 

   In some cases a planning permit may also be required to sell food and alcohol. Contact Council’s      Planning Officer for information on whether a planning permit is required.


 

 

APPENDICES

Appendix 1 - Maintenance Responsibilities

 

ITEM

CLUBS/COMMITTEES RESPONSIBILITY

COUNCIL’S RESPONSIBILITY

1. Heating Fixtures Payment of all gas and electricity

bills, servicing, replacing and repairing when required

No responsibility.

2. Building Alterations

For determining and documenting the specific needs of the building relating to any requests to Council for Building alterations.

For assessing all requests submitted and if approved by Council, ensuring satisfactory completion of works by the responsible parties.

3. Curtains and Blinds

Regular cleaning or repair

No Responsibility

4. Ceiling

Repairs due to foreseeable misuse

Major repair and/or replacement due to structural faults, age etc.

5. Doors (including cupboard doors and fittings)

Regular cleaning and repair of internal doors due to foreseeable misuse

Replacement due to age or structural fault. Repairs on all external doors

6. Electrical wiring and fittings in buildings

Repair and Replacement due to foreseeable misuse

All building wiring from main supply to and including the switchboard, power points, switches and light fittings

7. Fire extinguishers

To fill when discharged

For annual maintenance and replacement due to age

8. Floor Surfaces and coverings

All regular cleaning and maintenance

No responsibility

9. Glass

To keep clean and replace internal breakages

To replace externally when breakage occurs due to vandalism

10. Vandalism

No external responsibility

Removal of graffiti from external areas and other associated grounds work – as determined by Council

11. Keys, Locks

Responsible for keys issued by Council

Purchase, install and maintain locks

12. Training Lights

Total responsibility for purchase, installation, utility costs, repairs and maintenance

No responsibility

13. Security System

Purchase, installation, service and maintenance.  To be compatible to Council’s Master Key system

No responsibility

14. Light globes and fittings (external)

No responsibility

For replacement and maintenance when required

15. Light globes (internal)

Replacement

Repair faulty fittings

16. Plumbing and fixtures

Cost of internal repairs due to foreseeable misuse, and any add-on fixtures not standard within the building

Repair and renewal of all plumbing fixtures

17. Plumbing waste pipes and drains

Keep them clear of foreign objects, mud etc and clear if blocked by these materials

General maintenance

18. Other permanent fixtures

Regular cleaning of all fixtures and repair/or replace if due to foreseeable misuse.

No responsibility

19. Hygiene

To keep all areas in a clean and hygienic state

No responsibility

20. Painting

Internal painting if damaged through foreseeable misuse

Internal and external painting on an as needed basis

21. Roofs

No responsibility

All maintenance and repair as required

22. Skylights

No responsibility

All maintenance and repair as required

23. Walls

Regular cleaning and repair if damaged through foreseeable misuse of internal walls

Structural maintenance

24. Building external

No responsibility

General maintenance

25. Food handling areas and equipment

To comply with the relevant Health Acts and maintain such equipment required under the health Act.

No responsibility.

26. Grounds

General mowing and ground maintenance including weed spraying of ovals, line marking, grassed areas and areas around buildings or sporting facilities

No responsibility.

27. Traffic Management

No Responsibility

All maintenance to roads, traffic signage and line marking

28. Waste Management

All waste must be situated in bins for collection by council

Supply & pick up of bins as per waste management contract

29. Fencing

No Responsibility

Maintenance and Repairs as required

30. Oval Maintenance

No Responsibility

De hatching and/or other maintenance on a recurring basis in line with maintenance schedule

31. Sporting Equipment

Repair and/or replace sporting equipment including goal posts, netball goals, hockey goals

No Responsibility

32. Shedding/shipping container storage

Applications for Planning/building permits, transport, repairs to structures, ongoing maintenance

No Responsibility

33. Tree maintenance

No Responsibility

Council to conduct all maintenance, removal and planting of trees

34. Risk Management

Compliance with relevant OHS requirements, Regular hazard inspections of the reserve and eliminate risks where appropriate.  Report risks to Council

Conducting Risk Audits, risk signage

35. Septic Tanks

No Responsibility

Coordinate cleaning of septic tanks

36. On site Drainage

No responsibility

General maintenance

 

 

 

 

 

 

 

 

 

 

Major Works (Replacement/Refurb)

 

 

1. Building Works

No responsibility

Council to financially support & Project Manage major building works on Council buildings

2. Watering systems

Repair and/or replace sprinkler heads, pipes, solenoids etc

Council to conduct regular review of water infrastructure (dams, tanks, bores) and contribute funding where required to ensure adequate water is available to reserves

3. Grounds (Football, Hockey, Bowls)

Contribute Financially for major repairs or replacement of sporting facilities

Develop designs, project management, grant writing and/or other financial contribution where Council deems appropriate

4. Construction of shade structures and/or storage facilities

Building permit applications, installation and ongoing maintenance

No Responsibility

5. On site Drainage infrastructure

No responsibility

Conduct regular assessment of on-site drainage need and install infrastructure as required

 


Appendix 2

 Sample Recreation Reserve and Seasonal Agreement

 

 

           


 

Appendix 3

 

SAMPLE APPLICATION FOR HIRE – CASUAL HIRE OR REGULAR USERS

 


 

Appendix 4

 

Facility Upgrade Plan Template

 

5-year Facility Upgrade Plan

Facility:

 

Date:

 

Completed by:

 

Role:

 

Future Projects:

Priority One

Planned Start Date:

Project:

 

 

 

Planned End Date:

Objectives:

 

 

 

Plans:

YES/NO

Project Manager:

 

Proposed Cost:

 

Available Support Funds:

 

Priority Two

Planned Start Date:

Project:

 

 

 

Planned End Date:

Objectives:

 

 

 

Plans:

YES/NO

Project Manager:

 

Proposed Cost:

 

Available Support Funds:

 

Priority Three

Planned Start Date:

Project:

 

 

 

Planned End Date:

Objectives:

 

 

 

Plans:

YES/NO

Project Manager:

 

Proposed Cost:

 

Available Support Funds:

 

Priority Four

Planned Start Date:

Project:

 

 

 

Planned End Date:

Objectives:

 

 

 

Plans:

YES/NO

Project Manager:

 

Proposed Cost:

 

Available Support Funds:

 

Priority Five

Planned Start Date:

Project:

 

 

 

Planned End Date:

Objectives:

 

 

 

Plans:

YES/NO

Project Manager:

 

Proposed Cost:

 

Available Support Funds:

 

Other identified Upgrade Projects:

 

 

 

 

 

 

 

 

 

 

Appendix 5

 

Inspection Report

 


 

Appendix 6

 

Checklist for Inspection


Appendix 6

 

Resources & contacts

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.7    Buloke Shire Road Safety Plan 2013-2017

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: TT/11/04

Attachments:

1       ViewBuloke Shire Road Safety Plan 2013-2017

Relevance to Council Plan 2013 - 2017

Objective:                            A Shire planned to meet the current and future needs of the agricultural sector while maintaining and enhancing its built environment.

Strategy:                              Improving local road and transport networks to facilitate safe and efficient  transport movement within and across the Shire.

Priority:                                Lobby for increased allocation of grants by the Commonwealth and State Government for the maintenance and upgrade of local road networks to make it safer and easier to transport produce and for residents to travel within the Shire.   

 

 

Motion:

 

That:

1.       Council endorse the Buloke Shire Road Safety Plan 2013-2017.

2.       Council work with RoadSafe Central Murray in the ongoing implementation of the Plan.

 

Moved:             Cr Ellen White

Seconded:      Cr Stuart McLean

Carried.

 

1.       Discussion

Buloke Shire has a tradition of collaboration with RoadSafe Central Murray to improve road safety in the region.

 

The development of this Road Safety Plan 2013 - 2017 continues a strategic approach to that involvement, with RoadSafe Central Murray and its three partner municipalities – Swan Hill Rural City Council, Gannawarra Shire Council and Buloke Shire Council – joining together to develop a strategic plan for each municipality.

 

The Transport Accident Corporation (TAC) contributed funds towards the development of the plans. Hennessy Services Pty Ltd, Public Health and Safety Consultants, were commissioned to assist with the development of the plan.

 

The planning process included:

·    A review of relevant council plans and other documents

·    Analysis of road crash data for Buloke Shire, via VicRoads data base CrashStats

·    Meetings with Council officers and other key stakeholders across the municipality

·    Consultations with RoadSafe Central Murray, including attendance at meetings

·    Drafting the strategic plan document for comment

·    Submission of draft Road Safety Plan to Council for consideration.

 

Some gains have been made in reducing road trauma in Buloke Shire over the past two decades. The number of fatal crashes in Buloke Shire averages between zero and two per year. Casualty crashes have declined steadily over recent years.

 

The number of fatal crashes in Buloke Shire generally fluctuates between 0 and 2, as shown in the attached graph. The thick line shows the number of fatal crashes in each year; the thin line is a four-year moving average trend line.

 

 

 

 

 

Casualty crashes in Buloke Shire have also steadily decreased until the last two years . The population has remained approximately constant in recent years.

 

 

 

Buloke Shire and its neighbouring municipalities are disadvantaged, from a road safety point of view, by VicRoads risk assessment methods and funding formulas, which are biased towards heavily trafficked locations with frequent low-consequence casualty crashes. The limitation of this method has been highlighted by a multiple fatality on the Borung Highway in 2006, at a Y intersection that Council had been advocating unsuccessfully for treatment. This plan attempts to address this issue, by recommending additional advocacy to state and federal funding to improve rural roads.

 

The Road Safety Plan 2013-17 has been designed to suit Buloke Shire’s small municipality, with relatively few professional staff to dedicate time to road safety. The partnership with RoadSafe Central Murray is the key to delivering community-focused road safety programs to the people of Buloke who are at greatest risk.

 

The key response areas below, and the set of six action plans, have been developed to address the main road safety challenges and opportunities facing Buloke Shire and its key partners in road safety – Police, VicRoads and RoadSafe Central Murray.

 

 

Key response areas

Goals

1

Coordination and leadership of road safety planning and action

In partnership with key agencies, provide strong direction, leadership, coordination and service in road safety, for the benefit of all residents of and visitors to the Buloke Shire.

2

Road safety promotion at schools and safe school travel

Help students travel to and from school safely.

Encourage schools to provide well targeted evidence based traffic safety education programs, throughout each student’s primary and secondary schooling, which address the variety of risks young people face on the road network at different stages of their lives.

3

Developing and maintaining a safe road and path network

Ensure that the current and future road and path network across the Buloke Shire is as safe as possible for all users.

4

Young children and their families

Encourage parents and carers to protect young children when they are passengers, or walking near cars or farm vehicles.

5

Safety for pedestrians including mobility scooter users

Improve pedestrian and motorised scooter safety and accessibility, and encourage walking as an alternative to car travel for short trips in Buloke Shire.

6

Safer driving

Promote safer driving.

 

 

The key actions of the Plan are directed at various aspects of the problem, and take account of the needs of all sections of the community from newborn infants to older people and people with disabilities.

2.       Financial Implications

This plan has been developed with consideration of Council’s current and future resourcing levels in mind. As a result, the ongoing financial implication of this plan is minimal.

3.       Community Consultation

In the development of this plan, RoadSafe Central Murray and the lead consultant met with a range of stakeholders including education providers, Council staff and members of the public.

4.       Internal Consultation

Council staff met with the lead consultant and RoadSafe Central Murray in the development of this plan

5.       Legislative / Policy Implications

The Buloke Shire Road Safety Plan is aligned with Victoria’s Road Safety Strategy, which sets out statewide priorities and defines the roles of the key agencies involved at statewide level: VicRoads, the Transport Accident Corporation and the Victoria Police. Victoria’s Road Safety Strategy was updated in 2013 and formally incorporates the “Safe System” approach to road safety.

6.       Environmental Sustainability

There are no implications.

7.       Conflict of Interest Considerations

Nil.

8.       Conclusion

The Buloke Shire Road Safety Plan 2013-17 is an important resource for Council to improve road safety in our region. One of the important actions includes advocating for state and federal funding.

 

It is recommended that Council endorse the Buloke Shire Road Safety Plan 2013-2017 and work with RoadSafe Central Murray in the ongoing implementation of the Plan.

 


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.2.7                 Buloke Shire Road Safety Plan 2013-2017

Attachment 1    Buloke Shire Road Safety Plan 2013-2017

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.8    Regional Development Australia Fund - Round 5

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: GS/03/29

Attachments:

1       ViewWycheproof Pool Concept Plans

Relevance to Council Plan 2013 - 2017

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 Council owned 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, maintain and manage Council assets including, parks, reserves, halls, swimming pools, playgrounds, sports facilities, senior citizen centres and preschools   

 

Cr McLean declared an indirect interest in Item 7.2.8 on the basis that he is Deputy Chair of the Regional Development Australia Loddon Mallee Committee

 

Cr McLean left the Council Chamber at 7.22pm prior to discussion of Item 7.2.8.

 

 

Motion:

 

That:

1.       Submit a funding application under the Regional Development Australia Fund – Round 5 for the re-development of the Wycheproof Swimming Pool change facilities and plant room for $309,308 (toward a total project cost of $450,000).

 

2.       Consider the contribution of $150,000 toward the project as part of the 2013/14 and 2014/15 budget deliberations.

 

Moved:             Cr David Pollard

Seconded:      Cr Gail Sharp

Carried.

 

1.       Executive Summary

On Wednesday 19 June 2013 the Minister for Regional Development and Local Government, the Hon Anthony Albanese MP, announced that applications for Round Five of the Regional Development Australia Fund (RDAF) open on Friday 21 June 2013.

 

RDAF Round Five is an allocative funding round, with each local government that was funded under the General Purpose component of the Financial Assistance Grants 2012–2013 eligible to apply for funding for infrastructure projects.

 

RDAF Round Five will provide $150 million to eligible local governments, according to an allocative model, for capital infrastructure projects. $105 million of the funding will be allocated to regional local governments while $45 million will be allocated to urban local governments.

 

Buloke Shire Council has been allocated $308,309 from this project but must submit a funding application for eligible projects to receive the funding.

 

The objective of the RDAF program is to support the economies and communities of Australia’s regions. Outcomes of the RDAF program are:

·    Sustainable regional economic development, economic diversification, and increases to the economic output of local and regional economies

·    Strong, dynamic and progressive regional communities which support social inclusion and “Closing the Gap on Indigenous Disadvantage” and are underpinned by quality recreational, arts, cultural and social facilities, and

·    Development of sustainable partnerships across Australian, state and local government, the private sector and the not for profit community to support a shared vision and joint investment in regional communities.

Council has previously been successful in gaining $500,000 from RDAF Round 3 for the Donald Family Services Centre.

2.       Discussion

Council has previously been briefed on the RDAF Round 5 funding announcements and the range of eligibility criteria in the guidelines.

 

Projects must be ‘investment ready’, i.e. the project must be completed no later than 31 December 2016. The project must also be ready to commence construction within 12 months of the execution of the Funding Agreement between the applicant and the Commonwealth.

 

Projects must benefit the Local Government Area and the communities that reside within it. Benefits may be to:

·    Develop the community, i.e. projects that support or enhance social capital and regional liveability through the construction, expansion or refurbishment of community facilities, infrastructure to support housing, streetscapes and civic upgrades, or facilities to support the disadvantaged

·    Support economic growth, i.e. by sustaining existing growth, enhancing productivity and innovation, supporting industry diversification and value-added activities, contributing to new investment, creating sustainable jobs, exploiting export opportunities, or facilitating workforce re-training and skills development, and/or

·    Support the environment, i.e. projects that support a transition to clean energy, sewerage upgrades, efficient storage, transformation and use of water, or the effective disposal of waste.

One of Council’s pressing community projects is the refurbishment of the Wycheproof Swimming Pool Change Facilities and Plant Room. This refurbishment would include demolition works and construction new change facilities, plant room, storage area and kiosk. The size of the new building will be considerably smaller than the existing buildings.

 

It is proposed that the building is also constructed to ensure that it can accommodate solar heating system if future funding becomes available.

 

In 2012, Council commissioned conceptual plans of the development and have received preliminary costing for the building. The anticipated cost of the refurbishment is approximately $450,000, which is quite high due to the size of the redevelopment of change rooms, kiosk area and pool plant room as well as the substantial demolition required.

 

This project is one of the key projects currently listed in Council’s forward Capital Works Program and highlighted in the 2008 Aquatic Facilities Technical Assessment. Over the past five years, Council has made significant investment into its aquatic facilities, with well over $1.5million spent on change facilities and pool liner and pipe upgrades across the seven pools.

 

The Aquatic Facilities Technical Audit makes particular reference to the structural and accessibility concerns of the existing change facilities, kiosk and plant room. The audit of the facility was conducted by structural engineers and contained the following comments:

 

The wet area change facilities which include a male and female change room are old and unattractive with roofing over the toilets and showers but with the dressing area open to the weather.

 

The following was evident from our inspection:

·    There is severe brick wall cracking to the east wall or the plant room and the sodium hypochlorite storage room. Missing, loose and cracked brickwork to the plant room requires urgent repairs to ensure structural integrity of the building

·    There is cracking to the change room floors and to a section of the south wall to the showers. Shower and toilet cubicles are antiquated

·    The kiosk/cashier is old with no provision for first aid room or area

·    A former clubroom and kiosk adjacent to the plant room are dilapidated and appear to be used for storage

·    Access and embellishment of the entrance is recommended. Installation of a paved path from the street to the entry gate is recommended

·    Consideration should be given to replacement or upgrading of the building constructed with the change room floor at the pool deck level. Alternatively a family/disabled change room could be constructed to the east end of the building.

 

The condition of the change room/plant room/kiosk building is in poor structural condition, has antiquated change rooms and requires a roof over the dressing area. Provision of a family/disabled change room is recommended.

 

The positioning of the building relevant to the pool deck requires pool patrons to access stairs from the change rooms with no ramped or at grade access provided for the disabled.

 

The building is recommended for replacement or major upgrade.

 

The refurbishment of our swimming pool change facilities is consistent with previous projects in the Shire, with the Charlton, Donald and Sea Lake pools all receiving new change facilities in the past four years.

 

Some of the other potential projects from the forward capital works program that could be deemed eligible that Council may wish to apply for this funding include:

-     Walking tracks at Charlton, Watchem, Donald, Culgoa, Birchip, Sea Lake and Wycheproof.

-     Berriwillock Synthetic Bowling Green.

-     Donald Hockey Club Room development

-     Wycheproof Synthetic Tennis Court Upgrade

-     Sea Lake Netball Court Upgrade

-     A range of kitchen refurbishment projects, including – Sea Lake Senior Citizens Centre, Nullawil Recreation Reserve, Charlton Hall, Wycheproof Senior Citizens, Donald Hall, Birchip Hall, Watchem Hall and Culgoa Hall.

-     Charlton Park 2020 Project (it would be difficult to see this project completed by 31 December 2016).

-     Donald Recreation Reserve - Stadium Upgrade (it would be difficult to see this project completed by 31 December 2016).

 

Applications for Round Five open on 21 June 2013 and close at 5:00pm on 22 July 2013.

3.       Financial Implications

This is a major project and the preliminary cost estimates for the upgrade are approximately $450,000. Whilst $309,308 is available from the RDAF – Round 5 Program, Council will need to contribute $150,000 over the 13/14 and 14/15 budgets.

4.       Community Consultation

Council will complete consultation with the Swimming Pool Advisory Committee if the funding becomes available.

5.       Internal Consultation

Staff have met to discuss this program and the forward capital works priorities.

6.       Legislative / Policy Implications

This upgrade would address the previously adopted Aquatic Facilities Technical Audit 2008.

 

The upgrade will meet all requirements of the building code and will need a building permit. There will be specific design principals adopted to ensure the building meets the DDA requirements.

 

The tendering of this project will be completed in line with Council’s Procurement Policy and the Local Government Act.

7.       Environmental Sustainability

Environmentally sustainable design initiatives will be incorporated into the design of the works where possible. This would include the use of solar hot water systems and re-use of harvested stormwater.

8.       Conflict of Interest Considerations

Nil.

9.       Conclusion

Given the structural and Disability Discrimination Act concerns with the existing Wycheproof Swimming Pool change facilities, it is recommended that Council submit a funding application under the Regional Development Australia Fund – Round 5 for the re-development of the Wycheproof Swimming Pool change facilities and plant room for $309,308. It is also recommended that Council consider the contribution of $150,000 toward the project over the 2013/14 and 2014/15 years.   


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.2.8                 Regional Development Australia Fund - Round 5

Attachment 1    Wycheproof Pool Concept Plans

 


 


 


 


 


 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.9    Community (Amendment) Local Law 13, 2013

Author’s Title:           Compliance Officer - MFPO

Department:              Office of the CEO                                            File No: LA/06/16

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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:                              Working with the community to make Buloke an even better place to live

Priority:                                Continue community planning and community development activities in all communities across the Shire with the objective of improving local connections, encouraging citizenship, identifying self-help opportunities and assisting in achieving desired local outcomes

 

Cr McLean returned to the Council Chamber at 7.24pm prior to discussion of Item 7.2.9.

 

 

Motion:

 

That:

 

1.  Make the Community (Amendment) Local Law No.13 of 2013.

 

2.  In resolving to make the Community (Amendment) Local Law No. 13 2013, has noted the advice provided that the matters in Schedule 8 of the Local Government Act 1989 have been reviewed, including that the proposals do not create a restriction on competition, and that the proposals are not incompatible with the rights in the Charter of Human Rights and Responsibilities Act 2006.

 

3.  Give notice in accordance with section 119(3) of the Local Government Act 1989 that Council has made the Community (Amendment) Local Law No.13 in the Government Gazette and in the Buloke Times, North Central News and Sea Lake Times Ensign.

 

4.  Send a copy of the Community (Amendment) Local Law No. 13 2013 to the Minister in accordance with section 119(4) of the Local Government Act 1989.

 

Moved:             Cr Leo Tellefson

Seconded:      Cr David Pollard

Carried.

 

1.       Executive Summary

       Council received a report at the April Ordinary Meeting proposing changes to Community                       Local Law No. 10 to be made by Community (Amendment) Local Law No. 13.

 

       The proposed changes are to:

·    regulate shipping containers in townships,

·    require a permit to park or leave a heavy or long vehicle on a road in a township for longer than one hour

·    undertake works on a road in a township

·    achieve better compliance with existing requirements relating to the condition and appearance of land,

·    introduce better controls to prevent the removal or scavenging of waste left for collection or at Council landfills. 

·    require owners or occupiers of property to clearly show the property number when Council has allocated one.    

 

Council resolved to make the Community (Amendment) Local Law and for it to be available for public consultation in accordance with section 223 of the Local Government Act 1989. The proposed Local Law completed the statutory consultation process on 25 June 2013.  Two submissions have been received.

 

2.  Discussion

 

       The report submitted to Council in April explained the reasons for the changes to the Local Law.       

       In brief, they are to:

 

·     Apply permit controls to shipping containers in townships before the problem becomes too large and unmanageable. 

    

Shipping containers are an increasingly popular form of moveable storage.  The cost of moving containers is not expensive.  They are now being promoted as being easily converted into alternative accommodation. 

 

Apart from safety issues if shipping containers are located on nature-strips or roads, their location on residential properties, particularly if placed on a corner property, can interfere with vehicle visibility. They can detract from the overall appearance of an area.  Council already has problems with many unsightly properties, especially those on main highways through towns. 

 

·     Limit the parking or leaving of heavy and long vehicles on roads in Townships without a permit. 

 

The proposed Local Law is to supplement current Victorian Road Safety Road Rules 2009 (the Road Rules) which regulate and restrict parking of heavy and long vehicles on a road in a built up area to one hour. These Road Rules are enforceable by Victoria Police and VicRoads Inspectors.

 

The proposed Local Law will provide Council with more flexibility in dealing with the parking of heavy and long vehicles in residential streets. It will also allow Council to better deal with situations where the parking of these vehicles is causing damage to road surfaces, cross-overs and nature-strips.

 

The proposed Local Law will provide more flexibility for Council to address the public safety concerns that are often expressed concerning the location of heavy and long vehicles because of the effects on visibility and access for other road users and pedestrians.

 

·     Transferring existing permit requirements, currently applied under the Local Government Act roads powers to do works on a road that involves a road having to be opened or closed for a temporary period such as where scaffolding, hoarding or a crane need to be erected, into the Local Law. 

 

The Local Law provides an opportunity to apply appropriate conditions and provides a more effective enforcement mechanism.

 

·     Creating offences for interfering with rubbish left out for collection or rubbish left at Council landfills. 

 

The objective of this new provision is to ensure that rubbish is not interfered with because it creates problems for the garbage collection and to ensure that items disposed of in landfill remain in the landfill.

 

·     Creating offences for failing to comply with any conditions applied to the use of Council land notified by way of signs, conditions of entry to a Council facility or conditions of membership. 

 

Clarification of existing requirements that applies to the use of Council land and is intended to regulate behavior so that other people’s enjoyment of Council land is not interfered with.

 

·     Introducing additional requirements applying to properties. 

One amendment is to the existing controls about the condition and appearance of land and adds “motor vehicles” to the description in the Local Law of conditions or excessive items on the land that detract from the appearance and general amenity of the neighbourhood. 

 

The other amendment is a requirement for a property to be clearly identified by the number allocated to it by the Council.  Apart from the obvious benefit for mail delivery, it has benefits for emergency services. 

 

       Submissions

 

       Two submissions were received objecting to the proposed controls on shipping containers.

      

              A submission from Mr Alan Getley of Charlton claims that the control is unnecessary and over regulation by the Shire. 

 

Mr Getley says that “when travelling throughout the Shire on a regular basis there does not seem to be an over abundance of containers or containers that are unsightly or placed inappropriately.” 

 

Mr Getley submits that the requirement to apply for a permit will have a drastic effect on business, building and the general ratepayer.  People relocating to Buloke and who move their furniture in a shipping container which is placed in the drive or on the nature-strip will be put under stress from the need to get a permit and contractors will have further administration costs imposed on them. 

 

              Response: The new provision in the Local Law does not require that a permit be obtained to place a shipping container on land in a township in every circumstance.  There are exceptions. 

 

A permit is not required in an industrial zone but there is a requirement that the container be effectively screened to reduce its visual impact. (The same requirement applies to shipping containers located in rural zones).

 

Shipping containers in Business Zones will only be permitted on land for 72 hours while it is being loaded or unloaded.

 

              A permit to put a shipping container on land in a township will not be granted unless the container is ancillary to the use of the land and if it is vacant land, unless a building permit has been issued for the land.  Conditions about siting container and screening the container must also be complied with.

 

              The Community Local Law already contains offence provisions if a person allows anything on land to be an obstruction to people using a road (which by definition includes a nature-strip).  Shipping containers placed on a nature-strip is a contravention of existing provisions in the Local Law.  However, the proposed permit requirement has a different focus. It is concerned with minimizing the impacts caused to community amenity and to a lesser degree, safety from permanent, badly located containers in residential areas. 

 

              An optional approach to counter the concern raised by Mr Getley could be to modify the permit requirement to circumstances where a container will be on residential land for longer than 48 hours.  This however, does not provide Council with an opportunity to determine the proper location of the container, including ensuring that it does not get placed on the footpath and cause damage to the footpath or other Council assets in the road. 

 

Mrs Vivienne Davidson from Donald believes that shipping containers should already be covered by a planning permit requirement under the Planning Scheme and that Building Regulations would apply to a shipping container because it is a relocatable building. 

 

Response: Council will be aware that the Local Government Act precludes a Local Law from duplicating or being inconsistent with a planning scheme or from being inconsistent with an Act or regulation.  Had either the Planning Scheme or Building Regulations contained adequate controls, they would have been used in preference to an amendment to the Community Local Law, although enforcement processes under the Planning Scheme and Building Regulations are more complex and costly. 

 

Planning Schemes have limited if any, controls on shipping containers. They are addressed in the Special Use Zone as “port and port related activities”. The controls are clearly not relevant.  It is understood that specific controls on shipping containers have only been included in the planning scheme of two Councils (by way of amendment) with a limitation that they be used for 14 day storage only.

 

No clear power to deal with shipping containers as a “building” exists in the Building Regulations.  It is understood that several Councils are treating containers as a “building” and requiring building permits, but there are some doubts about enforceability if the matter was tested in a court.  It is possible that if it could be demonstrated that a shipping container is used as a workshop or for a home occupation, it becomes a “habitable dwelling” and appropriate building controls can be applied to it.

 

As matters currently stand, to regulate shipping containers under the Council’s Planning Scheme would require an amendment to the Planning Scheme. To regulate shipping containers under the Building Regulations would incur doubt as to enforceability. The proposed regulation in the Community Local Law will provide clear powers and appropriate levels of enforcement that are proportionate to the problem being addressed.

 

              Mrs Davidson also objected to the proposed requirements applying to heavy vehicles on the grounds that they are already covered by regulations that were never enforced.  To a certain extent, Mrs. Davidson’s view is correct.  The (Victorian) Road Safety Road Rules 2009 (the Road Rules) do regulate and restrict parking of heavy and long vehicles on a road in a built up area to one hour.  However, as Council was advised in the April report, the restrictions under Rule 200(2) of the Road Rules on a driver stopping a heavy vehicle or a long vehicle on a length of road in a built up area for longer than 1 hour apply unless:

• the information on or with a traffic control device specifically permits stopping for longer than    1 hour;

• the driver is involved in dropping off or picking up goods; or

• stopping for longer than an hour in a built up area is permitted by the Council.

 

              Rule 200 gives Councils the ability to adjust the primary restriction in the Road Rules to suit its circumstances.  The way in which Council will allow a heavy or long vehicle to be stopped for longer than 1 hour on a road in a Township will be by requiring that a permit be obtained unless:

 

• the Council has designated a specific area where heavy or long vehicles can be parked;

• roads are signed as permitting heavy or long vehicles to be parked; or

•the heavy vehicle or the long vehicle is involved in dropping off or picking up goods.

2.       Financial Implications

There are no financial implications.

3.       Community Consultation

The process of consultation undertaken complied with the minimum requirements under section 223 of the Act.  No targeted consultation was undertaken. 

 

As detailed above, two written submissions were received but no request was made by either submitter to be heard in relation to their submission

4.       Internal Consultation

The Local Law has been developed following discussions with the CEO and officers from Compliance, Works, Assets and Infrastructure

5.       Legislative / Policy Implications

The Local Government Act applies many requirements and restrictions on Councils’ local law making powers.  The prohibition on duplication of a planning scheme or primary legislation was mentioned above. 

 

The Act and the Local Law Guidelines also requires that certain things be addressed when local laws are being made.  The Discussion Paper that was provided with the April report to Council and available as part of the consultation process, addressed many of those matters, including competition policy analysis under Schedule 8 of the Act and a review to ensure that there is no incompatibility with the Charter of Human Rights and Responsibilities Act 2006 (the Charter).  

 

The three substantive amendments to the primary Local Law were considered as part of the Schedule 8 competition policy assessment.  These are the controls to be applied to shipping containers, (specifically where the controls apply to shipping containers in industrial and commercial zones), restrictions on parking heavy vehicles in townships and permit requirements for works on roads.  It was decided that on balance, even if it could be said that the provisions are a restriction on competition the overall benefit for the community will outweigh the costs. 

 

Rights under the Charter were also reviewed and while it was concluded that controls over various uses and activities are not interfering with the rights under the Charter, for the purpose of the exercise the question of whether such a restriction could be reasonably and demonstrably justified, was addressed.   it was acknowledged that there is a remote possibility that some of the controls, such as those that have the effect of restricting people from working or living how they want to on their land (such as the restrictions on shipping containers) could be a restriction on the individual property rights.  Some may see the requirement to display property numbers as inconsistent with the right to privacy. After applying the various tests identified by the Department of Justice, it was concluded that the ability to undertake a use or activity so long as certain standards were met or conditions complied with, the ability to apply for a permit or for alternative remedies to be found, such as screening or fencing shipping container, was a reasonable justification of the controls.

 

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

6.       Environmental Sustainability

No implications

7.       Conflict of Interest Considerations

None known.

 

8.       Conclusion

The proposed amendments to the Community Local Law are measured and within the context of the objectives of the Community Local Law. They are intended to achieve better community amenity and public safety objectives for the Council as well as protecting Council assets.       

 

There could be a view that the amendments to the Community Local Law are excessive for Buloke’s circumstances and that amenity and public safety issues are not the concern that they may be in more populated municipalities.  However, there is no apparent reason why Buloke residents’ amenity and safety standards should be expected to be any less than others.

 

The amendments will provide Council officers with appropriate powers to respond to new complaints received.  They will be applied in keeping with current practice which is to provide a person with a reasonable opportunity to remedy a breach of a local law provision and to serve formal notices on a person before an infringement notice is issued.  

 

The changes will provide Council officers with more effective and efficient ways of achieving appropriate and reasonable standards for community amenity and community safety and the protection of Council assets. 

 

 

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.2.10  Audit Advisory Committee - Appointment of Chair

Author’s Title:           Chief Executive Officer

Department:              Office of the CEO                                            File No: SM/02/10

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective:                            An organisation that is responsive to the evolving needs of the community

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

Priority:                                Maintain good governance processes for Council and Special Committee meetings and communicate decisions to the community.   

 

 

Motion:

That Council:

1.   Accept the resignation of the current Chair of the Audit Advisory Committee,

2.   Agree to the offer of the current Chair to remain on the Audit Advisory Committee for a further twelve month period,

3.   Reappoint the current Chair to the Audit Advisory Committee for a twelve month period (August 2013 to August 2014).

4.   Seek expressions of interest for the position of Chair of the Audit Advisory Committee from the three current independent members of the Committee

5.   In the event that more than one expression of interest is received from the three current independent members, the Mayor and the current Chair be appointed as a nominating Committee to interview the candidates and make a recommendation to Council.

6.   The new Chair of the Audit Advisory Committee be appointed for a two year term to ensure continuity of Committee membership and certainty for the Committee

7.   A letter of thanks be prepared and sent to the current Chair recognising his contribution to the Audit Advisory Committee and thanking him for his five years of service in the role of Chair.

 

Moved:             Cr Stuart McLean

Seconded:      Cr David Pollard

Carried.

 

1.       Executive Summary

Council take action to appoint a new Chair to the Audit Advisory Committee following the current Chair completing five years of service in that role.

 

Given the current composition of the Audit Advisory Committee a new Chair be initially sought from within the current independent members of the Committee.

 

The service of Mr Ian Cuthbertson as Chair of the Audit Advisory Committee for the last five years be appropriately recognised.

2.       Discussion

The current Chair of the Audit Advisory Committee, Mr Ian Cuthbertson, has served in that position for five years (an initial appointment for three years plus reappointment for a further two years).

 

The term of the current appointment of the Chair as a member of the Committee also expires in August.

 

Consistent with the principles of good governance, the Chair has advised that he believes a new Chair should be appointed to the Committee.

 

The Chair has indicated he would be prepared to continue to serve on the Committee for a further twelve month period to assist with transition to a new Chair if this was the wish of Council.

 

The Audit Advisory Committee currently consists of five members, four independent members and the Mayor as the representative of Council.

 

The three of the four independent members were appointed in 2012 and have a further twelve months of their two year term to serve. The fourth independent member of the Committee is the Chair.

 

The Audit Advisory Committee Charter provides for the Committee to consist of at least three and no more than six members. The Charter provides for the Council to appoint the Chair.

 

Given the current composition of the Committee, five members (four independents and the Mayor), it is proposed that Council:

1.   Accept the resignation of the current Chair,

2.   Agree to the offer of the current Chair to remain on the Committee for a further twelve month period,

3.   Reappoint the current Chair to the Committee for that period; and.

4.   Seek expressions of interest for the position of Chair from the remaining three independent members of the Committee for the position of Chair. (In the event that there is more than one expression of interest from the three current independent members the Mayor and the current Chair be appointed as a nominating Committee to interview the candidates and make a recommendation to Council.)

5.   The new Chair of the Committee be appointed for a two year term to ensure continuity of Committee membership and certainty for the Committee.

 

In the event that none of the current independent members of the Committee respond to the call for expression of interest the position of Chair of the Committee be publically advertised.

 

The current Chair has served the Audit Advisory Committee, Council and the Buloke community well during the five years he has occupied the position.  

3.       Financial Implications

There are no financial implications arising from this report.

4.       Community Consultation

There has been no community consultation associated with the preparation of this report.

5.       Internal Consultation

The Chief Executive Officer has liaised with the Manager Finance during the preparation of this report.

6.       Legislative / Policy Implications

The Local Government Act 1989 requires Council to establish and support and Audit Advisory Committee.

 

Council has prepared and adopted an Audit Advisory Committee Charter.

 

The actions proposed in this report are consistent with the requirements of the Act and the Charter.

7.       Environmental Sustainability

There are no environmental consequences or impacts associated with this report.

8.       Conflict of Interest Considerations

There is no known conflict considerations associated with this report.

9.       Conclusion

Council is required to appoint an Audit Advisory Committee and to nominate a Chair of that Committee.

 

Action to appoint a new Chair is required following advice from the current Chair that he is stepping down after completing five years of service in the role.

 

It is recommended a new Chair of the Audit Advisory Committee be initially sought from within the current independent members of the Committee.

 

The service of Mr Ian Cuthbertson as Chair of the Audit Advisory Committee for the last five years be appropriately recognised.

  


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

7.3       Financial Reports

7.3.1    Finance Report as at 30 June 2013

Author’s Title:           Manager Finance

Department:              Finance                                                             File No: 0213

Attachments:

1       ViewFinancial Statements

2       ViewCapital Budget Review

3       ViewDepartment Financial Statements

Relevance to Council Plan 2013 - 2017

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:                              Working with communities and other stakeholders in planning for and making decision about the future

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 consultative mechanisms 

 

 

Motion:

 

That:

1.       Council Receive the Financial Report for the month of June 2013 which includes income statement, balance sheet and cash flow statement.

2.       Note variance explanations and details of year to date Capital Works expenditure for the month ending 30 June 2013.

 

Moved:             Cr David Pollard

Seconded:      Cr Graeme Milne

Carried.

 

1.       Executive Summary

This report is prepared in line with the current Council meeting timetable and provides Council with an update of the financial situation as at the end of June 2013.

 

Comments on variances are based on the revised budget 2013 as adopted by Council.

 

The following tables provide a summary of capital works undertaken during the year.

 

Most projects have been completed with the major variance of $8.6M being flood Rectification works. These projects have been re-budgeted for the 2013/2014 financial year.

 

 

The table below summarises the key financial data in the income statement.

 

The key variance is the shortfall in flood grants with a variance of $30.6M from the revised budget. The variance is as a result of advice from the Department of Treasury and Finance (DTF) on 26 June 2013 that agreement had been reached with the Commonwealth Government to carry forward NDRRA funding for the 2011 Flood Disaster to 30 June 2014. The impact of this advice is that NDRRA Grants funds projected to be received in 2012/13 as part of the Revised Budget will now carry forward into 2013/14. An adjustment to reflect this advice will be made to the draft 2013/14 Budget to be presented to Council for adoption in the next week.

 

The table also reflects the impact of the decision by the Commonwealth Government to make a 50% advance payment of the 2013/2014 Victorian Grants Commission allocation in 2012/13.

 

 

2.       Discussion

Capital Budget

 

Capital works of $9.13M have been completed for the year to date. However this will increase in the next few weeks when outstanding invoices are received for completed works.

 

The detailed capital report shows that $1.6M of Capital projects has been re-budgeted for 2013/14.

 

This figure does not include carried forward flood Works which will be $28.5 million next year.

 

Council has received $1.04M in advance grant funding for the Donald Family Services Centre which is due for construction in 2013/14 and 2014/15.

 

Income Statement

 

The year to date operating result is a net surplus of $3.7M after flood related grants have been removed from the operating result. This is a positive variance of $3.6M against budget. The major contributor to this variance is the advance grants commission funding received in June.

 

Expenditure for the year is currently $23.5M which is marginally ahead of the projected budget figure of $23.4M.

 

As mentioned last month surplus plant items were sold in May. The funds ($0.1M) for these items have been brought to account in June as indicated last month.

 

Cash Position  

 

The current cash position shows Council with a balance of $2.1M 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 and year end expenses for operating areas.

3.       Financial Implications

The financial implications relating to the information contained in this report are outlined within the body of the report and in the supplementary financial statements provided as an attachment.

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 Minutes                                                     Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 1    Financial Statements

 

Financial Health Indicators

 

Sustainability Target

                                                              

1) To be financially sustainable, Council should have the capacity to meet current and future expenditure as it falls due.  They should also be able to absorb foreseeable changes and risks materialising, without significantly changing their revenue and expenditure policies.

 

2) Financial sustainability should be viewed from both a short- and long-term perspective.

 

3) The shorter-term indicators involve the Council's ability to maintain a positive operating cash flow and adequate cash holdings, and to generate an operating surplus over time. Underlying result and Liquidity indicators will reflect on short term performance.

 

4) The longer-term indicators will reflect whether there is adequate funding available to cover long-term debt and for spending on asset replacement to enable Council to maintain the quality of service delivery, meet community expectations and the demand for services. Indebtedness, self-financing and renewal gap are long-term indicators.    

                                           

 

Short-term Indicators

Underlying Result

Explanation:

Underlying Result showing the fluctuation from year to year comparing to Budgets.

 

 

Please note:

Underlying results between 2008 and 2011 indicate that there was a downward trend. The risks were high as insufficient revenue is being generated to fund both operations and asset renewal.  Since  2011, Underlying Results have improved and positive results have been forecast until 2014 due to the increase in Government funding for flood recovery. From 2015 onwards Council needs to rely on its own revenue to fund its operations.                                            

 

 

 

Liquidity

Explanation:

Liquidity indicates the overall ability of Council to repay its short-term financial obligations.

 

 

Please note:

In recent years  Liquidity ratios indicate Council is at high risk. Since 2010, Council showed higher current liabilities than current assets except for the 2013 prediction. As a result, cash flow management needs to be closely monitored.

 

Long-term Indicators

Self Funding Target

Explanation:

Self Funding Target indicates whether Council can effectively replace consumed assets over the longer-term using income generated from operations.      

 

 

Please note:

Self-financing Trend shows that Council is at low risk and be able to meet its new assets and asset renewal obligation from self-generated cash.  

Indebtedness

Explanation:

Indebtedness measures Council's ability to cover non-current liabilities from self generated revenue.    

 

 

Please note:

Council's ability to cover its non-current liabilities from self-generated revenue continuously looks good as Council does not have significant long term borrowings.    

 

Renewal Gap   

Explanation:

Renewal Gap is the comparison of the rate of spending on renewing, restoring and replacing existing assets with depreciation.

 

 

Please note:

Given a consistent Depreciation rate, spending on renewing, restoring and replacing existing assets will be significantly high due to flood recovery projects over the next two/three years.                                                  


Buloke Shire Council Ordinary Meeting                                                                                            Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 1    Financial Statements

 

 


Buloke Shire Council Ordinary Meeting                                                                       Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 1    Financial Statements

 

 

 

 

 

 


 

 

 


Buloke Shire Council Ordinary Meeting                                                                                            Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 1    Financial Statements

 


Buloke Shire Council Ordinary Meeting                                                                                     Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 1    Financial Statements

 

 

 

 

 

 


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 2    Capital Budget Review

 


 


 


 


 


 


Buloke Shire Council Ordinary Meeting Minutes                                      Wednesday, 10 July 2013

7.3.1                 Finance Report as at 30 June 2013

Attachment 3    Department Financial Statements

 


 


 


 


 


 

  


Buloke Shire Council Ordinary Meeting Minutes                                     Wednesday, 10 July 2013

8.          REPORTS FROM COUNCILLORS

8.1       Delegate Reports

 

Cr Stuart McLean

 

18 June 2013                Wimmera Mallee Tourism

 

                                      Marketing Plan completed to be adopted next meeting

                                      Camping brochure nearing completion

                                      APP opportunities being investigated

 

25 June 2013                Mallee Region of Livestock – Saleyards Association of Victoria

 

                                      Meeting held at Wycheproof.

 

                                      Elections – S McLean (Chairman)  G Leach  (Deputy Chairman)

                                      State Executive Representatives – S McLean, G Leach

 

                                      Other discussions included:

 

                                      LSAV Conference 8/9 August

                                      Budget and Membership Fees

                                      ENVD Project with Digital Futures Fund

                                      Notices of Motions to the AGM Annual Conference

 

 

Motion:

That Council receive the Delegate Reports as tabled.

 

Moved:             Cr Stuart McLean

Seconded:      Cr Gail Sharp

Carried.

 


 

 

8.2       Activity Reports

Cr Stuart McLean

 

15 – 16 June 2013        Regional Development Australia Conference

 

                                      Australian Local Governance Association Joint Conference

 

18 June                         Wimmera Mallee Tourism Association – monthly meeting and finalisation of marketing plan

 

21 June                         Traveller’s Rest Meeting Charlton – attended with Chief Executive Officer and Manager Assets and Infrastructure

 

                                      Lions Club of Wycheproof Change Over Dinner – Attended as Council representative

 

24 - 25 June                  Livestock Association of Australia – Regional Meetings including Buloke/Mallee Region

 

26 June                         Economic Development Strategy – Met with Senior Planning Officer to discuss strategy contents

 

4 July                            Birchip Cropping Group Expo

 

5 July                            Wycheproof Saleyards – Met with Department Primary Industry staff at yards.    Followed by a meeting of Agents and the Minister for Agriculture, The Hon Peter Walsh.

 

6 July                            Lions Club of Charlton Changeover Dinner

 

8 July                            Assembly of Council – Culgoa

 

10 July                          Ordinary Meeting of Council – Wycheproof Supper Room

 

 

Motion:

That Council receive the Activity Reports as tabled.

 

Moved:             Cr Graeme Milne

Seconded:      Cr Leo Tellefson

Carried.

 

 

8.3       Report from the Mayor 

Nil.

 


Buloke Shire Council Ordinary Meeting Minutes                                    Wednesday, 10 July 2013

9.          OTHER BUSINESS

9.1       Petitions

9.1.1    Petition - Safety and Increased Traffic Flow in Woods Street Donald

Author’s Title:           Manager Assets & Infrastructure

Department:              Assets and Infrastructure                               File No: RO/07/02

Attachments:

1       ViewPetition Letter - Safety and Increased Traffic - Woods Street Donald

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.       Coordinate a joint meeting between petitioners, VicRoads and Council representatives.

2.       Staff report back to Council following the meeting.

 

Moved:             Cr Graeme Milne

Seconded:      Cr David Pollard

Carried.

 

1.       Executive Summary

Council’s Meeting Procedure and Common Seal Local Law No 9 (Incorporating No. 11) requires a Petition or Joint Letter to be laid on the Table at an Ordinary Meeting of Council followed by a report to the next Ordinary Meeting outlining an investigation of the matter/s raised by the petitioners/authors and any recommendations arising from that investigation.

 

A Petition Letter which includes approximately sixty (60) signatories, has been received by Council on 14 May 2013, and is expressing concern about the safety and the increased traffic flow in Woods Street in Donald.     The author John Fraser, on behalf of the signatories, is seeking Council to act promptly to regulate parking and pressure VicRoads to provide a dedicated Pedestrian Crossing and reduce the speed through Woods Street to 40 kilometres per hour.

 

A copy of the letter received is appended.


Council staff have on numerous occasions attempted to contact the lead petitioner however have been unsuccessful. Staff were advised that the lead petitioner is on holidays over the winter months and will be returning in August/September. 

 

Council staff will continue to attempt to contact the lead petitioner with a view to organise a joint meeting between petitioners, Council staff and VicRoads.

 

VicRoads are the responsible road manager and need to be consulted for this matter to come to a resolution.

 

Once a joint meeting can be organised, a report will be presented to Council on the outcome.

2.       Financial Implications

There is no capital expenditure impact as a consequence of this report.

 

Operational (recurrent) costs associated with responding to the petition will need to be considered as part of Council’s normal operating budget.

3.       Community Consultation

Council staff are attempting to organise a joint meeting between VicRoads, the petitioners and Council representatives. This will be organised once the lead petitioner returns from holidays.

 

The petition will be addressed in accord to Council’s Meeting Procedure and Common Seal Local Law No. 9 (Incorporating No 11). 

4.       Internal Consultation

Council staff have completed an initial review of the request and have held some initial dialogue with VicRoads staff on the matter.

 

5.       Legislative / Policy Implications

The petition is being dealt with in accord to Council’s Meeting Procedure Local Law No 9 (Incorporating No 11).

6.       Environmental Sustainability

Not applicable to this report.

7.       Conflict of Interest Considerations

There are no known Conflict of Interest considerations at the time of writing this report.

8.       Conclusion

To finalise the outcomes of the petition, further on-site consultation is required with the petitioners. Given the lead petitioner is away on extended holidays, it is recommended that Council coordinate a meeting between the petitioners, VicRoads and Council representatives when he returns from leave. Staff will report back to Council following this meeting.

 


Buloke Shire Council Ordinary Meeting Minutes                                     Wednesday, 10 July 2013


 

 

 

 

 

 

9.2       Notices of Motion

 

9.3       Questions from Councillors

9.3.1

Regional Victorian Living Expo - Information/Feedback to Councillors (Cr Graeme Milne)  (ED/08/07)

 

Cr Milne expressed concern with regards to the lack of information from staff in relation to the visit to Buloke by persons who registered an interest in investigating living opportunities in Buloke at the Regional Victorian Living Expo. Cr Milne indicated he had received very late notification of the event.

 

The Chief Executive Officer responded that other Councillors had also raised this matter with him and that he would highlight the need for Councillors to be provided with information in a timely manner with the staff member involved.

 

9.3.2

Road Management Plan - Maintenance of Roads for Businesses (Cr Ellen White)  (RO/15/01)

 

Cr White enquired if the Council Road Management Plan made allowance for a road to be maintained when a business is located on it?

 

The Manager Assets and Infrastructure responded that roads are maintained to the maintenance standard prescribed in the Plan.

 

The Chief Executive Officer responded that the Plan was currently subject to review and that there would be an opportunity for discussion and debate on future maintenance standards. 

 

 

9.4       Questions from the Public

9.4.1

Council Submission - Proposed State Electoral Districts (DO/03/01)

 

Ms Harris (Buloke Times Representative) asked if Council will be preparing a submission on the proposed State Electoral Districts.  

 

The Mayor advised that Council will be making a submission.

 

9.5       Any Other Procedural Matter

 

9.6       Urgent Business  

 

10.       MATTERS THAT MAY EXCLUDE THE PUBLIC

 

 

11.       ANY OTHER BUSINESS

 

12.       MEETING CLOSE  

Meeting closed at 7.52pm.