Agenda of Ordinary Meeting - 11 December 2013

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

6.2 Report of Assembly of Councillors Meetings

Attachment 1 Record of Assembly of Council - 11 November 2013

BULOKE SHIRE COUNCIL

RECORD

Assembly of Council Meeting

Date and Time:	11 November 2013
Location:	Donald District Office
Attendees:	Cr Reid Mather – Mayor Cr Ellen White Cr David Pollard Cr Stuart McLean Cr Leo Tellefson Cr Gail Sharp Cr Graeme Milne Anthony Judd – Acting Chief Executive Officer Bill Ryan – Manager Finance Gaynor Doreian – Manager Works and Construction Bill Keane – Manager Community Services Warren Hemopo – Manager Reconstruction Judi Bird – Senior Procurement Officer Louisa Ferrier – Acting Manager Assets and Infrastructure
Apologies:	Warwick Heine – Chief Executive Officer

ITEMS

NO.	TOPIC
1.	Declarations of Conflicts of Interest
2.	Presentations
	2.1	Rob Weppner – Swan Hill Police
	2.2	Mallee CMA – Culgoa Flood Study Presentation
	2.3	Contract C 6 & C 12 – Flood Reconstruction Contract Briefing Update
3.	CEO and Senior Management Team Reports
4.	Governance
	4.1	Council Plan 2013 - 2017
	4.2	Code of Conduct for Staff
	4.3	Ordinary Meetings of Council – Progress of Actions from Minutes
	4.4	Audit Advisory Committee – Progress of Actions
5.	Financial Report
6.	Major Projects update
7.	Government Matters

Next Briefing:

Date and Time:	27 November 2013	Time: 5.00pm to 8.00pm
Location:	Wycheproof Supper Room

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

6.2 Report of Assembly of Councillors Meetings

Attachment 2 Record of Assembly of Council Meeting - 27 November 2013

BULOKE SHIRE COUNCIL

RECORD

Assembly of Council Meeting

Date and Time:	27 November 2013
Location:	Wycheproof Supper Room
Attendees:	Cr Reid Mather – Mayor Cr Ellen White Cr Stuart McLean Cr Leo Tellefson Cr Gail Sharp Cr Graeme Milne Paul Younis – Acting Chief Executive Officer Bill Ryan – Manager Finance Anthony Judd – Manager Assets and Infrastructure Gaynor Doreian – Manager Works and Construction Bill Keane – Manager Community Services Warren Hemopo – Manager Reconstruction
Apologies:	Cr David Pollard

ITEMS

NO.	TOPIC
1.	Declarations of Conflicts of Interest
2.	Presentations
2.	2.1	Acciona Energy Representatives
3.	Items for Discussion
	3.1	Councillor Communications
	3.2	Ordinary Council Meeting Action Updates
	3.3	Major Projects
	3.4	Road Management Plan
	3.5	Financial Update

Next Briefing:

Date and Time:	9 December 2013	Time: 5.00pm to 8.00pm
Location:	Meeting Room, Charlton District Office

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 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

RECOMMENDATION

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

1. Executive Summary

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

2. List of Building Permits Approved by Council Surveyor

Permit No.	Address	Project Description	Value	Date Approved
20130156	95 Hannon Street, SEA LAKE	New Building: Dwelling	$195,842	1/11/2013
20130157	16 High Street, CHARLTON	New Building: Four Dwelling Units & Carports	$400,000	7/11/2013
20130158	522 Boigbeat East Road, BOIGBEAT	Addition & Alteration to Dwelling	$142,000	7/11/2013
20130159	Sunraysia Highway, BIRCHIP	New Building: Farm Shed	$61,743	8/11/2013
20130161	20 Clifton Street, CHARLTON	New Building: Shed	$19,300	18/11/2013
20130163	27 Walker Street, DONALD	New Building: Verandah	$3,987	19/11/2013
20130165	367A Mills Road, WHIRILY	Extension: Addition & Alteration to Dwelling	$9,900	28/11/2013

3. List of Building Permits Approved by Private Building Surveyors

Permit No.	Address	Project Description	Value	Date Approved
20130154	44 Duncan Street, BIRCHIP	New Building: Carport & Verandah	$21,600	17/10/2013
20130155	48 Mildura Way, CHARLTON	Re-Stump: Re-Stump Dwelling	$28,545	17/10/2013
20130160	295 Nullawil-Birchip Road, NARRAPORT	New Building: Farm Shed	$125,589	30/10/2013
20130162	522 Boigbeat East Road, BOIGBEAT	Other: Swimming Pool & Safety Barrier	$37,170	147/11/2013
20130164	7-21 Mount Street, WYCHEPROOF	New Building: Verandah x3	$36,500	7/11/2013

Road	Requesting Authority	Approved or Not Approved	Date
37 Corack Road, Birchip, VIC 3482	Paul Gray Builders Pty Ltd, 109 High Street, Bendigo, VIC 3550	Approved	8/11/2013

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 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

RECOMMENDATION

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

1. Executive Summary

To provide information on Local Laws Permits approved by staff from 1 November 2013 to 30 November 2013.

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

Permit No	Address	Permit	Date Approved	Expiry Date
LL10/DK65/13	Charlton	Raffle	7/11/13	22/12/13
LL10/DK66/13	Charlton	Raffle	7/11/13	30/11/13
LL10/DK67/13	Charlton	Raffle	7/11/13	5/12/13
LL10/DK68/13	Donald	Raffle	11/11/13	6/12/13
LL10/DK69/13	Charlton	Raffle	15/11/13	19/12/13
LL10/DK70/13	Sea Lake	Raffle	15/11/13	13/12/13
LL10/DK71/13	Birchip	Raffle	19/11/13	20/12/13
LL10/SF37/13	Birchip	Street Furniture	19/11/13	30/6/14
LL10/DK72/13	Birchip	Raffle	22/11/13	3/12/13
LL10/DK73/13	Birchip	Raffle	26/11/13	21/12/13
LL10/DK74/13	Birchip	Raffle	27/11/13	6/12/13

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2 Management Reports

7.2.1 Community Grants and Sponsorship

Author’s Title: Community Development Officer

Department: Office of the CEO File No: GS/09/42

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: A Buloke community connected and involved in shaping decisions that affect them

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

Priority: Celebrate the vitality and resilience of towns and localities across the Shire through facilitation and support for events and community festivals

RECOMMENDATION

That:

1. That Council approve the applications and grant the amounts listed in this report.

2. The CEO be delegated to approve further applications received prior to the Feb 2014 Council Meeting.

1. Executive Summary

For Council to consider the allocation of funds from the Community Grants and Sponsorship Program.

2. Discussion

In order to address the requirements of the Local Government Investigations and Compliance Inspectorate, Council has moved to provide support for community projects through the Community Grants and sponsorship program.

Community groups have applications for events that will occur before the end of the year, these events have historically been supported by Council through Donations.

It is expected that further applications for sponsorship will be received prior to the next Council meeting which will require approval for the events to proceed. In order to facilitate this process it is proposed to delegate the approval of sponsorships to the CEO for the period to the Feb 2014 Council Meeting

List of Approved Community Grants and Sponsorship Applications

Applicant	Event	Amount
Advance Sea Lake	Christmas Party, Buy Local	$500.00
Birchip Business & Learning Centre	Christmas Party, Buy Local	$500.00
Birchip Freeza	Freeza Event Hall Hire	$350.00
Birchip Senior Citizens	Christmas Lunch	$500.00
Charlton Chamber	Christmas party, Buy Local	$500.00
Charlton P12	Awards Night	$100.00
Charlton Seniors	Christmas Lunch	$500.00
Culgoa Development Group	Christmas party, Buy Local	$250.00
Culgoa Senior Citizens	Christmas Lunch	$500.00
Donald Chamber of Commerce	Christmas party, Buy Local	$500.00
Donald High School	Awards Night	$100.00
Donald Senior Citizens	Christmas Lunch	$500.00
Nullawil Progess	Christmas party, Buy Local	$250.00
Nullawil Senior Citizens	Christmas Lunch	$500.00
Sea Lake Senior Citizens	Christmas Lunch	$500.00
Wyche proof P12	Awards Night	$100.00
Wycheproof Senior Citizens	Christmas Lunch	$500.00
Total		$6650.00

The above applications have been assessed against the sponsorship criteria by Council officers and it is recommended Council approve these sponsorship applications under the Community Grants and Sponsorship program

3. Financial Implications

Funding has been provided in the Community Services and Economic Development Budgets this year for the Senior Citizens and Chamber of Commerce events. These allocations are $4,000 and $3,750 respectively. The Birchip FREEZA event support will come from the Contributions and Donations Governance account.

4. Community Consultation

The applications were advertised and council officers assisted groups to apply.

5. Internal Consultation

Nil.

6. Legislative / Policy Implications

Applications are consistent with councils Community Grants and sponsorship program.

7. Environmental Sustainability

Nil.

8. Conflict of Interest Considerations

Nil.

9. Conclusion

It is recommended that the grants be approved and the CEO be delegated to approve further applications received prior to the Feb 2014 Council Meeting.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.2 Exercise of Delegation - 11 December 2013 to 12 February 2014

Author’s Title: Acting Chief Executive Officer

Department: Office of the CEO File No: PE/02/01

Attachments:

1 Attachment - Confidential Schedule - printed in separate document

Relevance to Council Plan 2013 - 2017

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

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

RECOMMENDATION

That:

1. Council notes and declares the Confidential Attachment to the Report Item 7.2.1, Exercise of Delegation – 11 December 2013 to 12 February 2014, pursuant to Section 77(2) of the Local Government Act 1989, on the grounds that it relates to contractual matters as described in Section 89(2) (d) of the Local Government Act 1989.

2. Council authorises the use of delegated authority by the Chief Executive Officer to award the following Contracts during the period 11 December 2013 to 12 February 2014:

Contract No. C17 2013/14 – Redevelopment of Synthetic Lawn Bowling Green, for Birchip Bowls .

Contract No. C15 – 2013/14 – Construction of the Donald Family Services Centre.

1. Executive Summary

This report is for Council to authorise the use of delegated authority by the Chief Executive Officer in awarding contracts for the period 11 December 2013 to 12 February 2014.

2. Discussion

Council has the authority to delegate certain powers and functions under Section 98(1) of the Local Government Act 1989. During the period between the December 2013 Council meeting and the February 2014 Council meeting, there will be a requirement for certain tenders to be accepted. This will allow these projects to proceed without delay and ensure they are delivered in accordance with Councils forward works plan.

The following contracts are proposed to be awarded. The estimated value of the tenders will be as per the attached confidential schedule (Confidential Attachment 1).

Contracts:

Contract No. C17 2013/14 – Redevelopment of Synthetic Lawn Bowling Green, for Birchip Bowls.

Contract No. C15 – 2013/14 – Construction of the Donald Family Services .

3. Financial Implications

The tenders proposed for award have been endorsed by Council in its 2013/2014 Budget and form part of councils adopted works program.

4. Community Consultation

The projects have been publicly tendered in accordance with councils procurement policy.

5. Internal Consultation

Nil

6. Legislative / Policy Implications

The estimated value of the works exceed the current authority delegated to the Chief Executive Officer. Council are able to authorise further delegations to the Chief Executive Officer in accordance with the Local Government Act 1989, Sect 98(1)

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

To allow timely progress on projects it is proposed to provide for the Chief Executive Officer to award the specified tenders. The Confidential Attachment outlines the estimated value of these tenders

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.3 Planning Permit Application 522/13 Two Lot Subdivision (Dwelling Excision) - 4907 St Arnaud-Wycheproof Road, Teddywaddy West 3527

Author’s Title: Planning Officer

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

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

Strategy: Building on our comparative advantages in sustainable agricultural production and related value-adding and service industries

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

RECOMMENDATION

That Council:

Determine to approve the Planning Permit application for a subdivision – dwelling excision at Crown Allotment 72A and 72B Parish of Teddywaddy known as 4907 St Arnaud-Wycheproof Road, Teddwaddy West 3527 subject to the following conditions:

1) . This permit will expire if:

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

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

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

2) The subdivision as shown on the endorsed plans must not be altered, except for the purpose of fulfilling the referral authority conditions, without the written consent of the Responsible Authority.

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

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

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

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

4) If a new access is required from the St Arnaud-Wycheproof Road to either lot, this must be in accordance with VicRoads standards at full cost to the owner.

Referral Authority Conditions:

Powercor

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

6) The applicant shall:-

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

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

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

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

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

Grampians Wimmera Mallee Water

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

Telstra

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

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

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

1. Executive Summary

A planning permit has been submitted for a two lot subdivision (dwelling excision) that will create two lots with Lot 1 being 2.887 hectares containing the existing dwelling and associated outbuildings, and Lot 2 being 152.6 hectares of dry land farming. A planning permit is required for subdivision in the Farming Zone.

2. Discussion

A Planning Permit application (PPA 522/13) was received for a subdivision –dwelling excision and Rural Dependent Enterprise at Crown Allotment 72A and 72B Parish of Teddywaddy known as 4907 St Arnaud-Wycheproof Road, Teddwaddy West 3527.

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

The subject land currently contains two titles with a total area of 155.37 hectares in size. Crown Allotment 72A contains 26.17 hectares with the balance of the lot, being 129.2 hectares contain in Crown Allotment 72B. The application is for 2.887 hectares to be excised off including the dwelling and related outbuildings leaving 152.6 hectares of agricultural land.

It is proposed that the planning permit be granted subject to conditions.

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

The applicants have provided a written response addressing the Decision guidelines of the Farming Zone with the planning application as required.

3. Decision Making

A planning permit could not be issued under delegation from the council as the proposal for a subdivision- dwelling excision creating a lot greater than 2 hectares does not meet the Zone requirement or local planning policies as specifically written.

This report is presented to Council so that Council may consider whether to approve this application for a subdivision – dwelling excision of 2 hectares within the Farming Zone if it is satisfied that the proposal meets the intent and objectives of the local planning policy, State Planning Policy Framework and Farming Zone.

The specific issues under consideration are:

The land is within Farming Zone where a planning permit is required to subdivide under Clause 35.07-3 of the Scheme. The schedule to the Farming zone requires a minimum subdivision area of 100 hectares. However, in accordance with Clause 35.07-3 Subdivision, a permit may be granted to create a smaller lot if the subdivision is to create a lot for an existing dwelling.

An increasing issue with small lot subdivision dwelling excisions in the Farming Zone is the decision guideline of appropriate subdivision design. Many rural houses have substantial setbacks from the road and related outbuildings at a distance from the house to reduce noise and amenity issues. In this circumstance, these issues are not applicable as dwelling and associated outbuildings are close to the front boundary and road.

However, the proposed smaller lot containing the dwelling and outbuildings has an area of 2.887 hectares, therefore, greater than the minimum of 2 hectares.

It is also a decision guideline to determine if an appropriate buffer surrounds the dwelling to ensure that general farming operations continue with minimal amenity impact, which can further add to the area required in an excision.

Local Planning Policies

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

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

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

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

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

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

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

It is recommended that two S.173 Agreements be entered in to; one for the small Lot 1 being created so that no further subdivision takes place and that the Lot does not affect the agricultural as of use rights on surrounding properties. A second S.173 Agreement is to be placed on Lot 2 to prevent further subdivision and no further dwelling development. The purpose of this is to prevent proliferation of small Lots and to ensure that no unintentional entitlement to further development is created by the subdivision.

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

4. Financial Implications

The lots front the St Arnaud-Wycheproof Road, which is an arterial road and managed by VicRoads. Any additional access would be at the applicants, and would be required to be constructed to VicRoads standards. No additional financial implications are foreseeable.

5. Community Consultation

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

6. Internal Consultation

No internal consultation was required.

7. Legislative / Policy Implications

The Planning Permit and Report are in accordance with the Planning& Environment Act

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

8. Environmental Sustainability

The application or related approval, does not include permission for any vegetation removal.

9. Conflict of Interest Considerations

None that have been brought to the attention of Council’s planning department.

10. Conclusion

It is recommended that a planning permit be issued for the Two Lot subdivision for the purpose of excising the dwelling from the balance of the agricultural land. This planning permit approval is recommended on the basis of the following conditions being applied:

1) This permit will expire if:

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

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

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

2) The subdivision as shown on the endorsed plans must not be altered, except for the purpose of fulfilling the referral authority conditions, without the written consent of the responsible authority.

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

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

4) If a new access is required from the St Arnaud-Wycheproof Road to either lot, this must be in accordance with VicRoads standards at full cost to the owner.

Referral Authority Conditions:

Powercor

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

6) The applicant shall:-

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

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

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

GWMWater

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

Telstra

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

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.4 Expression of Interest process for the sale or lease of 14 McCulloch Street, Donald

Author’s Title: Manager Assets & Infrastructure

Department: Assets and Infrastructure File No: CP/22/04

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

RECOMMENDATION

That the Council:

1. Note the outcome of the Expression of Interest process for the sale or lease of 14 McCulloch Street Donald, in particular, that no submissions were received.

2. The CEO and Manager of Infrastructure and Assets be authorised to undertake discussions and negotiations with people who have inspected the property, for the sale of the property.

3. If negotiations pursuant to Clause 2 above are unsuccessful, the property be listed for sale on the open market.

4. Subject to the outcomes of Clauses 2 or 3, the CEO undertake the processes required by Section 189 of the Local Government Act 1989, to sell the property.

1. Executive Summary

The purpose of this report is to update Council on the outcomes following the advertisement of Expressions of Interest for the sale or lease of 14 McCulloch Street, Donald.

2. Discussion

Council considered a detailed report at its meeting on 12 June 2013 proposing that Expressions of Interest (EOI) be sought for the sale or lease of 14 McCulloch Street, Donald.

It was considered that the EOI process could provide an outcome whereby people or organisations responding to the EOI could be assessed as to their capability and capacity to undertake the successful operation of either a viable business or a community based activity, which in turn, could provide an overall benefit to the Donald community and the Buloke Shire.

Council was advised that it has no current requirement for the property, the building is not used productively to assist the local economy or the community and, on the basis of independent reports about the structural integrity of the building (obtained in 2007, 2008 and 2013), there are potentially high costs associated with necessary rectification works to maintain the building and the condition of the land which is contributing to the condition of the building.

In addition to the structural report, a valuation of the property was also obtained. The valuation suggested that the probability of attracting a business was considered to be low.

Council was also advised that a Heritage Overlay, previously adopted by Council and forwarded for approval by the Minister for Planning, would apply to the façade of the building.

The EOI period closed on 21 November 2013. While six people/organisations downloaded or obtained the EOI documents from Council’s website and two people inspected the property in the final week of the EOI period, no formal expressions of interest were received.

There has been subsequent contact with Council’s Economic Development Officer from one of the people who inspected the property asking whether the EOI process had concluded.

Options

There are options for the future treatment of this land ranging from the status quo (do nothing) to listing the property on the market for sale. The options need to be considered keeping in mind the overall objective behind the EOI process, whether that objective is still relevant or whether it is now a matter of rationalising the number of properties in Council’s ownership which remain a cost to the Council, whether vacant or not.

Option 1 – do nothing. This option is not supported because it means that the property remains vacant, no rectification works are undertaken and the building potentially falls into further disrepair, becoming even less viable for sale or lease. Council continues to be responsible for grounds maintenance and other costs of ownership such as insurance and the fire services levy. While the costs of the recommended rectification works are not known, the type of work proposed, including those that limit further movement, means that having regard to the value of the building, the costs could be substantial.

Option 2 – demolish the building and sell the land. This option would eliminate the problems and potential issues associated with the structure of the building. There would be costs associated with demolition, and the probability of asbestos removal and disposal likely to be found in the addition made to the building during the 1950’s. If approved, the Heritage Overlay would make it difficult to demolish the building unless there is sufficient justification for doing so, such as the risk from a building in disrepair and the costs of rectification works. This option is not considered to be appropriate.

Option 3 – direct approach and negotiation. It is clear from discussions with the Economic Development Officer that at least one of the two people who inspected the building remains interested. An approach could be made to both to see what offers they are prepared to make. This option could mean that the objective of using the building for a business venture or for community based activities many not be able to be achieved. Nevertheless, a firm offer to purchase the property (with financial consideration) would be a good outcome. This is the recommended option for Council to consider.

Option 4 – put the property on the open market. This option could be pursued if negotiations under option 3 were unsuccessful. The market could be tested, either at auction or by private sale, but there would be additional costs, such as agent’s commission and advertising if this option is pursued.

3. Financial Implications

Council as owner of the land remains responsible for all costs associated with the land, including the fire services levy. If the property is leased then based on recommendations in the reports about the building, Council would need to allocate financial and people resources to monitoring the condition of the property to ensure that the building does not deteriorate further and remains fit for its intended use.

4. Community Consultation

The EOI process was intended to provide the community, and specifically businesses and community groups, with an opportunity to express their interest in either selling or leasing the land.

5. Internal Consultation

A range of staff have been consulted throughout the EOI process.

6. Legislative / Policy Implications

Where land is to be sold or leased compliance requirements prescribed in the Local Government Act 1989 will apply, including requirements to advertise the land for sale and for people to make a submission about the proposed sale under Section 223 of the Local Government Act.

7. Environmental Sustainability

This matter was addressed in the June report to Council.

8. Conflict of Interest Considerations

There are no known conflicts of interests

9. Conclusion

Having gone through the EOI process, the “do nothing” approach with 14 McCulloch Street Donald is not considered to be a reasonable approach for the future management of the asset. Council remains responsible for the costs of ownership and may have no option but to spend money to repair the building and ensure that it is “fit for purpose”.

While the original objective of the EOI process may not be able to be achieved, the sale of the property will achieve other outcomes for the Council. As such, the direct sale of the property for reasonable consideration (to be negotiated by the CEO and Manager of Assets and Infrastructure with potential purchasers), is the option recommended to Council. Failing successful negotiations, the property should be listed for sale on the open market, subject to compliance with Local Government Act requirements.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.5 Vic Roads Agency Services

Author’s Title: Manager Works & Corporate Services

Department: Works and Corporate Services File No: CA/04/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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

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

RECOMMENDATION

That:

1. Council advises VicRoads that it is prepared to extend service provision for VicRoads Agency Services until 31 March 2014 from its five District Offices.

2. Council continues to work with VicRoads over this period to ensure a smooth transition of services.

3. Council works with VicRoads to prepare relevant communications for the three local newspapers.

4. Council’s Customer Service Officer provides additional workflow documentation to VicRoads which may assist staff at the new sites.

1. Executive Summary

The purpose of this report is to provide Council with an update on progress in relation to the service level agreement between VicRoads and Buloke Shire Council and the transfer of services to alternative auspice organisations.

Council resolved at its meeting on 10 July 2013 to work with VicRoads to find alternative auspice organisations to provide VicRoads services in the five main towns across the Shire (Donald, Charlton, Birchip, Sea Lake and Wycheproof). In the event that no alternative organisations could be found in any of the main towns by 31 December 2013, Council would continue to provide VicRoads Agency Services only from its Wycheproof District Office.

2. Discussion

A substantive review of the VicRoads Agency Arrangements was undertaken in December 2007 resulting in Council agreeing to enter into a new Agency Services Agreement that concluded in March 2011. Further service reviews were conducted in 2011 and 2013.

Council’s current contractual arrangements to provide VicRoads registration and licensing services expired in March 2011. Council received a report in July 2011 outlining the changes to the Agreement.

Since the July 2011 report there has been ongoing discussion and correspondence between Vic Roads and Council culminating in the decision by Council in July 2013 to work with VicRoads to find alternative auspice organisations.

In late July 2013, Council advertised for Expressions of Interest for organisations/businesses to conduct Agency Services. Seven expressions of interest were received and provided to VicRoads.

On 20 November 2013, VicRoads advised that it has visited each of the five principle towns and made contact with the interested organisations/businesses. Not all sites were deemed suitable and VicRoads has endeavoured to locate alternative sites in each of the towns. Three suitable locations have been found in Charlton, Donald and Wycheproof. Site visits will be undertaken at the three proposed new sites by AB Note, the company contracted to install facial recognition cameras on behalf of VicRoads.

Upon successful assessment from AB Note, VicRoads will commence formal discussions with proprietors of the new sites. VicRoads will contact all organisations/businesses that expressed an interest and advise them of the outcome of the site assessments and VicRoads final decision.

VicRoads also advised that the townships of Sea Lake and Birchip will not be serviced under the new arrangements as there were no sites deemed suitable that meet VicRoads minimum standards to provide registration and licensing transactions. Minimum standards include disability access, suitable lighting; including an area to install the facial recognition camera and staff available to monitor anyone undertaking the new knowledge test.

The new VicRoads Agency Services agreements that commence in April 2014 will include several changes to the current agreements. Agencies across Victoria will no longer undertake heavy vehicle licensing. All heavy vehicle licensing will only be conducted at a VicRoads Centre. Registration renewals that require an inspection of the vehicle will no longer be undertaken at agencies and only available at a main VicRoads Centre. The new knowledge test will be available at Agencies; however, it will require the services of a dedicated staff person to supervise the test at all times.

VicRoads will prepare relevant communications for the three local newspapers and will work with Council staff on joint communications as well as take up Council’s offer to provide additional workflow documentation which may assist staff at the new sites. Council’s Customer Service Coordinator has also been made available for “hand over” training.

VicRoads has asked if Council is prepared to continue to provide Agency Services until 31 March 2014 to enable a smooth transition of business.

3. Financial Implications

VicRoads Agency arrangements equate to 40% to 50% of a Customer Service Officer’s time (depending on the District office). Customer service officers are currently accounted for in the 2013-2014 operational budgets. An extension of the service until 31 March 2014 would not have an immediate financial implication. Proposals to utilise customer service officers time to undertake other work activities will be postponed until the service is fully transitioned.

4. Community Consultation

Expressions of interest for organisations/business to take up VicRoads Agency Services were published in late July 2013 in Council’s Community Matters page in the three local newspapers.

5. 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.

6. Legislative / Policy Implications

Nil

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

It is recommended that Council continues to work with VicRoads over the next 4 months to ensure a smooth transition of services.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.6 Temporary Road Closures - 2013 Town Christmas Parties

Author’s Title: Manager Works & Corporate Services

Department: Works and Corporate Services File No: RO/21/01

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

Objective: A Buloke community connected and involved in shaping decisions that affect them

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

Priority: Celebrate the vitality and resilience of towns and localities across the Shire through facilitation and support for events and community festivals

RECOMMENDATION

That:

1. Council sponsors the 2013 Christmas Party temporary road closures.

2. Costs associated with the events are allocated to the Community Grants budget.

3. Event organisers are advised that they will need to submit a Temporary Road Closure Application form available from Council’s district offices and website.

4. Staff will prepare the necessary Traffic Management Plans and liaise with VicRoads.

1. Executive Summary

The purpose of this report is to confirm arrangements for temporary road closures required for the 2013 Community Christmas parties.

2. Discussion

Buloke Shire Council provides “in-kind” support for temporary road closures; including liaison with other agencies such as VicRoads and the supply, erection and removal of temporary barriers and signage.

Council recently introduced a Community Grants and Sponsorship program in response to the Local Government Investigations and Compliance Inspectorate’s Review of Councillor Discretionary Funds. The report of the investigation, including guidelines, was published in October 2013.

One of the objectives of Council’s Grant and Sponsorship Program is to formalise “in-kind” arrangements to ensure they meet the requirements of the Discretionary Funding Guidelines.

The timing of the introduction of Council’s Community Grants and Sponsorship program, and the upcoming Christmas parties in several Buloke Shire towns that require temporary road closure; have caused some concern for community groups due to the amount of documentation they are required to submit. To apply for a Council Community Grant an application form is required. Some street parties and special events that require full or partial road closure also need to complete a Temporary Road Closure Application Form.

In line with Council’s Road Management Plan a Traffic Management Plan as well as evidence of Public Liability Insurance is also required. If the road is a State Highway then approval from VicRoads is necessary. These requirements are designed to ensure the safety of the public and to maintain necessary emergency vehicle access at all times.

Council’s Community Grant’s and Sponsorship program is currently under review with the main objective being to simplify the process for groups applying for small grants such as street closures and hall hire.

3. Financial Implications

Council’s Community Grants budget will be used to fund the afterhours services required for the 2013 Christmas Party street closures.

4. Community Consultation

Feedback has been received from some community groups that the documentation required for the grant funding application is too complex.

5. Internal Consultation

There has been ongoing collaboration between managers and staff. This will continue through the process of simplifying the grant funding application process.

6. Legislative / Policy Implications

· Council’s Road Management Plan

· Council’s Community Grants and Sponsorship Guidelines

· Local Government Investigations and Compliance Inspectorate – Review of Councillor Discretionary Funds Report and Guidelines – October 2013

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

To facilitate the 2013 Christmas party temporary road closures it is recommended that Council sponsor this year’s events. All costs to be allocated to Council’s Community Grants budget.

Organisers of events will be required to submit a Temporary Road Closure Application Form which can be obtained from one of Council’s District offices or Council’s website www.buloke.vic.gov.au

Council staff will prepare the necessary traffic management plans and submit them to VicRoads for approval.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.7 Culgoa-Watchupga Rd over Tyrrell Ck Bridge

Author’s Title: Acting Chief Executive Officer

Department: Office of the CEO File No: RO/09/10

Attachments:

Nil

Relevance to Council Plan 2013 - 2017

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: Consider and respond to the recommendations of town Flood and Drainage Plans developed following the 2010 and 2011 flood events

RECOMMENDATION

That:

1. That Council approve the replacement of the Culgoa-Watchupga bridge over Tyrrell Ck at an estimated cost of $800,000.

2. Funding for the replacement be equally shared between Flood Recovery Funding and Council’s 2014/15 allocation from the Country Roads and Bridges Program.

1. Executive Summary

This report is for Council to consider options for the replacement of the Culgoa-Watchupga Road Bridge over Tyrrell Creek.

2. Discussion

The Culgoa-Watchupga Rd Bridge over Tyrrell Ck was damaged during the flood events. Following an inspection the bridge was assessed as being at risk of rapid deterioration and was closed to traffic. Detours have been in place to provide for the local traffic, however there is considerable concern in the community as a result of the loss of this local access in Culgoa.

The Bridge was constructed in 1917 and with the construction of the Calder Hwy realignment in 1962, the responsibility for the bridge was transferred to the Shire of Wycheproof and is now the responsibility of the Buloke Shire.

Vicroads conducted an inspection of the bridge in September 2013 and concluded the following:

“The bridge over Tyrrell Creek on the Culgoa-Watchupga Rd is in extremely poor condition and after 96 years is nearing the end of its original design life. .... Following the site inspection, two main observations were noted. Firstly, the structure has been subject to severe scouring and secondly, the structure has not been the recipient of adequate maintenance for a relatively long period of time... It is considered that the recent flooding is only a contributing factor to the bridges poor condition...”

Given the condition of the bridge, 3 options have been proposed.

1. Structural work and major maintenance. Estimated $350,000. Given the design life these works may only extend the service life of the bridge by 5 – 10 years.

2. Demolish the existing bridge and construct a new structure. Estimated $800,000. The new bridge would be designed to accommodate high water flows and would have a design life of 100 years.

3. Demolish the bridge and make the current detour arrangements permanent.

3. Financial Implications

Vicroads have advised that given the pre-existing condition of the bridge, Flood Recovery Funding would not be available for the full replacement cost. Vicroads have proposed that should the Shire consider full replacement, the cost of the bridge would be funded 50% from Flood Recovery Funding. This funding is only available to June 2014.

Given the time it would take for design and tender, Buloke’s 50% funding could be sourced from the 2014/15 Country Roads and Bridges Funding Allocation Program. Council are allocated $1,000,000 for this program each financial year. The 2014/15 Country Roads and Bridges Funding Program has not yet been committed by Council and would need to be considered as a part of its 2014/15 Budget development.

4. Community Consultation

The community has consistently requested that the bridge be reopened to traffic as it forms an important local connection with Culgoa.

5. Internal Consultation

Nil.

6. Legislative / Policy Implications

Works proposed are consistent with Flood Recovery Funding and the Country Roads and Bridges Program.

7. Environmental Sustainability

Prior to tendering the project a number of tasks may be required to be undertaken, including, seeking agreement from Catchment Management Authority, cultural heritage and flora and fauna investigations.

8. Conflict of Interest Considerations

Nil.

9. Conclusion

The Culgoa – Watchupga bridge is an important link for the local community. It is considered that full replacement is the preferred option to address flood damage and the existing limited service life of the bridge.

Funding is available to replace the bridge from both the Flood Recovery Funding and the Country Roads and Bridges Funding Program allocation for 2014/15.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.8 Buloke Shire Council Annual Report 2012-2013

Author’s Title: Manager Works & Corporate Services

Department: Works and Corporate Services File No: CM/16/06

Attachments:

1 ViewBuloke Shire Annual Report 2012-2013

Relevance to Council Plan 2013 - 2017

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

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

RECOMMENDATION

That:

1. That Council receives and notes the Buloke Shire Annual Report 2012/2013 presented as Attachment one to this Report.

2. Advertise that copies of the Annual Report are available at Council’s District Offices and on Council’s website.

1. Executive Summary

The purpose of this report is for Council to receive and consider the Buloke Shire Council Annual Report 2012-2013.

2. Discussion

Sections 131 and 134 of the Local Government Act 1989 (the Act), require that Councils prepare an Annual Report each financial year. A further requirement is for Council to meet to consider the Annual Report after the Council has sent the report to the Minister for Local Government. The Annual Report has been forwarded to the Minister by the required date.

The Council Plan articulates Council’s vision for Buloke and reports on activities and actions undertaken throughout the year.

Some of the achievements during 2012/13 include:

· Facilitated 12 “Managing Now Planning Ahead” (MNPA) ‘Fire Shed’ meetings.

· Launch of Council’s new website - www.buloke.vic.gov.au with 77,211 views in the last quarter of 2012/13.

· Installation of a wireless network linking Wycheproof, Birchip, Charlton and Donald offices;

· 4.6% decrease in phone costs in comparison to the previous year;

· 21% reduction in photocopying costs;

· 16.9% of total annual spend undertaken with local suppliers.

· Upgraded Customer Request system - 2,130 customer requests received for the year.

· 41,237 telephone calls taken by Contact Centre staff.

· 3,195 VicRoads transactions completed across the five district offices.

· 10,628 over the counter payments.

· 1,007 bookings for Council Halls, Senior Citizens Centres and meeting rooms.

· 442 fire prevention reminder letters sent to absentee landowners.

· 294 Fire Hazard Notices issued, a decrease of 101 on the previous year.

· 167 building permits issued, a 25% increase on the previous year.

· 12 new dwellings approved.

· 67 planning permits issued up from 53 in the previous year.

· 20,015 hours of home care, personal care, respite care, and home maintenance delivered.

· 11,940 Meals on Wheels delivered.

· 189 trips for people requiring specialist medical appointments.

· Aged and Disability Services Team review by the Australian Health Care Associates. Buloke Shire compliant in 16 out of 18 outcomes for Home and Community Care and 18 out of 18 for Packaged Care.

· Development of an Aged and Disability Services Policy Manual and Procedure Manual.

· Continued support of the Young Professional’s Provincial Cadetship program.

· Participation in the 2013 Regional Victoria Living Expo resulting in over 290 people speaking with staff, councillors and ambassadors about the possibility of making a “tree change”.

· Over 300 maintenance jobs completed on Council owned buildings.

· Council owned buildings painted including; Culgoa Bowls Club, Centenary Park Wycheproof toilet block, Charlton Senior Citizens, Golden Grains Museum, Wycheproof Bowls Club, Sea Lake and District Community Centre, Wycheproof Public Hall, Donald Public Hall, Wycheproof Court House and the Wycheproof Saleyards office.

· $412,547 or 3% of annual budget spent on environmentally preferred products.

· Solar panels installed at Wycheproof Office and Hall resulting in a 34% decrease in energy from the grid.

· Funding secured for the Hydraulic upgrade of Charlton swimming pool including installation of vinyl liner.

· Upgrade of plant at Charlton and Birchip swimming pools.

· Upgrade of disinfection systems at the Charlton, Donald and Birchip swimming pools.

· 207m2 of new footpath constructed in Wycheproof. 55m2 of footpath renewed in Willow Court, Donald and 109m2 in Cumming Avenue, Birchip.

· Fifty-two kilometers of footpath inspections resulting in 3 kilometres of footpath repaired to remove trip hazards.

· 26 meters of storm water pipe installed in Menzies Street, Wycheproof.

· Collection of 36,890 chemical containers.

· Grading of 833 kilometres of earth roads, 247 kilometres of fire breaks, 570 kilometers of gravel roads and 430 kilometres of sealed road shoulders.

· 2,162 loads of gravel and stone carted.

· Grading under flood restoration contract - 321 kilometres of earth roads and 140 kilometers of gravel roads

3. Financial Implications

The Financial Statement, Standard Statement and the Performance Statement have been prepared in accordance with Section 313 and 132 of the Local Government Act and the relevant Regulations and Accounting Standards. These were adopted in principle at a Special Meeting of Council held on Friday, 27 September 2013.

The Auditor General provides an independent opinion on Council’s Standard, Financial and performance Statements. The opinion is contained in the Annual Report.

The Auditor General has issued an unqualified audit report on Council’s Standard Financial and Performance Statements.

4. Community Consultation

The date and time of the meeting at which Council will consider the Annual Report has been advertised. An advertisement has also been placed in all three local papers; the Buloke Times on 12 November 2013, the North Central News on 13 November 2013 and the Wycheproof Sea Lake Ensign on 14 November 2013 informing the community that the Annual Report is available for inspection at Council’s District offices and on Council’s website.

5. Internal Consultation

Management collaboration.

6. Legislative / Policy Implications

Local Government Act 1989. The Report has been prepared in accordance with Section 134 of the Act.

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

That Council receives and notes the 2012/2013 Annual Report.

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.8 Buloke Shire Council Annual Report 2012-2013

Attachment 1 Buloke Shire Annual Report 2012-2013

Buloke Shire Council Ordinary Meeting Agenda Wednesday, 11 December 2013

7.2.9 Appointment of Authorised Officer

Author’s Title: Manager Assets & Infrastructure

Department: Assets and Infrastructure File No: PE/02/01

Attachments:

1 ViewInstrument of Appointment and Authorisation

Relevance to Council Plan 2013 - 2017

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

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

Priority: Ensure Council services comply with relevant legislation and regulation by providing ongoing staff training

RECOMMENDATION

That:

1. In the exercise of the powers conferred by Section 224 of the Local Government Act 1989 and the other legislation referred to in the attached instrument of appointment and authorisation Buloke Shire Council resolves that:

· Ms Melissa Wilson be appointed and authorised as set out in the attached instrument.

· The instruments comes into force immediately the Common Seal of Council is affixed to the instruments, and remains in force for a period of 12 months or such lesser time as Council may determine or until Council determines to vary it.

· The instruments are sealed.

1. Executive Summary

The purpose of this report is to appoint Council’s new Environmental Health Officer, Ms Melissa Wilson, as an Authorised Officer.

2. Discussion

Ms Melissa Wilson has recently been employed as Council’s full time Environmental Health Officer.

To enable Ms Wilson to carry out her duties it is necessary for Council to appoint her as an Authorised Officer under Section 224 of the Local Government Act 1989 and the Public Health and Wellbeing Act 2008, and to be an Authorised Officer for the administration and enforcement of:

· the Emergency Management Act 1986

· the Environment Protection Act 1970

· the Food Act 1984

· the Housing Act 1983

· the Liquor Control Reform Act 1998

· the Local Government Act 1989

· the Public Health and Wellbeing Act 2008

· Part 14 of the Residential Tenancies Act 1997

· the Road Management Act 2004

· the Summary Offences Act 1966

· the Tobacco Act 1987

The powers delegated to the officer proposed be appointed as an authorised officer in these instruments varies.

In some cases the authorisation is for the purposes of taking specific actions under the Act, some for the purposes of inspecting premises for compliance, some for the service of Notices and some for the purpose of issuing penalty/infringement notices. The authorisations also include the power to initiate prosecutions but such action would only be undertaken with the specific authority of the Chief Executive Officer or on the instructions of Council.

The required authorities have been set out in the attached instruments of delegation.

3. Financial Implications

Nil

4. Community Consultation

Nil

5. Internal Consultation

Nil

6. Legislative / Policy Implications

Ms Wilson will be an Authorised Officer for the administration and enforcement of various Acts and Regulations specified in the body of the report.

7. Environmental Sustainability

Nil

8. Conflict of Interest Considerations

Nil

9. Conclusion

It is recommended that Council resolves to appoint Ms Melissa Wilson as an Authorised Officer under the Local Government Act 1989, Public Health and Wellbeing Act 2009 and various other State Acts to be able to carry out the role of the Environmental Health Officer.

Buloke Shire Council Ordinary Meeting Wednesday, 11 December 2013

7.2.9 Appointment of Authorised Officer

Attachment 1 Instrument of Appointment and Authorisation

Instrument of Appointment and Authorisation

In this instrument "officer" means -

Melissa Wilson

By this instrument of appointment and authorisation Buloke Shire Council -

PART A

1. under section 224 of the Local Government Act 1989 - appoints the officer to be an authorised officer for the administration and enforcement of -

the Emergency Management Act 1986

the Environment Protection Act 1970

the Food Act 1984

the Housing Act 1983

the Liquor Control Reform Act 1998

the Local Government Act 1989

the Public Health and Wellbeing Act 2008

Part 14 of the Residential Tenancies Act 1997

the Road Management Act 2004

the Summary Offences Act 1966

the Tobacco Act 1987^{^[1]}

the regulations made under each of those Acts

the local laws made under the Local Government Act 1989

and any other Act, regulation or local law which relates to the functions and powers of the Council;

PART B

2. under section 21 of the Emergency Management Act 1986 – appoints the officer to be Municipal Emergency Resource Officer.

3. under section 4(1) of the Environment Protection Act 1970 - appoints the officer to be litter enforcement officers for the purposes of the Environment Protection Act 1970.

4. under section 48A of the Environment Protection Act 1970 – appoints the office to be an authorised officer for the purposes of section 48A.

for the purposes of 20 of the Food Act 1984 = appoints the officer to be an authorised officer for the purposes of the Food Act 1984

5. under section 71(1) of the Housing Act 1983 – appoints the officer to be an authorised person for the purposes of entering a house or building and conducting an inspection under section 71.

6. under section 29 of the Public Health and Wellbeing Act 2008, - appoints the office to be an Environmental Health Officer^{^[2]} for the purposes of enforcing the Public Health and Wellbeing Act 2008 and the Food Act 1984.

7. under section 147(1)(b)(i) of the Public Health and Wellbeing Act 2008, - authorises the officer##s to issue immunisation status certificates under section 148 of the Public Health and Wellbeing Act 2008.

8. under section 525(2) of the Residential Tenancies Act 1997 - appoints the officer to exercise the powers set out in section 526 of that Act.

PART C

9. under -

section 232 of the Local Government Act 1989^{^[3]}

section 527 of the Residential Tenancies Act 1997

sections 48A(9)(c) and 59(3)of the Environment Protection Act 1970

section 219 of the Public Health and Wellbeing Act 2008

authorises the office generally to institute proceedings and represent Council in proceedings for offences against the Acts, regulations and local laws described in this instrument.

It is declared that this Instrument -

(a) comes into force immediately upon its execution;

(b) remains in force until varied or revoked.

This Instrument is authorised by a resolution of the Buloke Shire Council

on Date

THE COMMON SEAL of the BULOKE SHIRE COUNCIL was hereunto affixed in the presence of

.............................................................................Councillor

............................................................................Acting Chief Executive Officer

[1] This Act provides for the CEO of a council to nominate a person to be an inspector for the purposes of the Act and the Secretary may then appoint them to be an inspector (see section 36). An environmental health officer appointed under the Public Health and Wellbeing Act 2008 is also regarded as an inspector under this Act.

[2] Council must be sure that the EHO is suitably trained or qualified under section 31(2) of the Public Health and Wellbeing Act 2008.

[3] A person authorised under section 232 of the Local Government Act 1989 is also authorised to bring proceedings under the Fire Services Property Levy Act 2012 (see section 22 Fire Services Property Levy Act 2012).

Application No	Applicant	Address	Date Rec	Summary of Proposal	Status
PPA510/13	CFA	55-63 Railway Avenue, Sea Lake	22/10/13	Emergency Services Facility	Objection received
PPA519/13	GR & AM Padgett	2-4 Mildura Way, Charlton	27/08/13	Dwelling Extension	Await S173
PPA527/13	P Clapham	75 Best Street, Sea Lake	9/10/13	Repairs works to Verandah	Referral
PPA528/13	Harberger Farm Supplies	Racecourse Road, Donald	2/10/13	New weighbridge	Further Information requested
PPA530/13	Coonooer Bridge Wind Farm Pty Ltd	941 Yeungroon-Coonooer Road, Yengroon	6/11/13	Amendment to Permit 488/13	Referral
PPA531/13	CFA	270 Yeungroon-Nine Mile Road, Yeungroon	22/11/13	Emergency Services Facility	Referral

Date	Permit No.	Applicant	Address and Project
15.11.13	526/13	Jacob Noonan on behalf of O’Connors Farm Machinery 41 Abbott Street Birchip Vic 3483	74 – 76 Campbell Street, Birchip 3483 Pty No: 230 608 301 Installation of Business Signage including Illuminated Signage
22.10.13	529/13	G Smith 51 Birchip-Corack Road Birchip Vic 3483	Lot 1 LP 75251, Parish of Narraport Pty No: 284 301 001 Known as Birchip-Corack Road, Birchip Development and Use of a Machinery Shed
29.11.13	471/12A	Mr P Noonan Country Design Building P/Ltd 29 Canterbury Street Flemington Vic	Lot 1 TP 697563Y Parish of East Charlton Pty No: 363 008 302 Known as 16 High Street, Charlton Use and development of four dwellings
525/13	525/13	Mrs Alan Craven Hazkem Pty Ltd 12/1020 Doncaster Road Doncaster East 3109	91 – 93 High Street, Charlton Pty No: 363 003 002 Works to remove an existing 5.3kl LP Gas Vessel, Installation of a 7.5kl LP Gas Vessel and Colourbond Fence

Provider	Recipient	Date	Purpose for Recognition
Tri State Games in Mannum South Australia	Damian Sheehan Attendee of Woodbine Centre in Warracknabeal		Extremely successful recently at the Tri State Games in Mannum, South Australia, for the disabled. Winning gold in the 50 metre run and upright beanbag throw and bronze in the 36 metre walk in the pool. Also was part of the Warrack Warriers team that came third in the indoor games and received the Community Inclusion Award. Damian is a strong supporter of his fellow athletes, and is well known and liked by all that attend these fantastic games.
State Athletic Finals in Melbourne	Kye Jenkyn Charlton P-12 College		Winning the Under 16 1500 metres State Champion and came second in the 800 metres event at the State Athletic Finals in Melbourne.
Buloke Shire Council	Karen Robertson, Ambulance Community Officer, Donald Branch		To recognise her retirement from being an Ambulance Community Officer with the Donald Branch after 20 years of service. During this time Karen has answered well in excess of 1,000 calls and was the Auxilliary President for 17 years.