COUNCIL MINUTES...SHIRE OF CHITTERING ORDINARY MEETING OF COUNCIL MINUTES, WEDNESDAY 18 NOVEMBER...

COUNCIL MINUTES

Ordinary Meeting of Council 7pm, Wednesday 18 November 2020 Council Chambers, 6177 Great Northern Highway, Bindoon

RECORDING AND ACCESS TO RECORDINGS OF COUNCIL MEETINGS POLICY Objective To ensure that there is a process in place to outline access to the recorded proceedings of Council. To emphasise that the reason for the recording of Council Meetings is to ensure the accuracy of Council Minutes and that any reproduction is for the sole purpose of Council business. Recording of Proceedings 1. Proceedings for meetings of the Council, Electors, and Public Question Time during Council meetings shall

be recorded by the Shire on sound recording equipment, except in the case of meetings of the Council where the Council closes the meeting to the public.

2. Notwithstanding clause 1, proceedings of a meeting of the Council which is closed to the public shall be recorded where the Council resolves to do so.

3. No member of the public is to use any electronic, visual or vocal recording device or instrument to record the proceedings of the Council or a committee without approval as per Local Government (Council Meetings) Local Law 2014, c6.15.

Access to Recordings 4. The record of proceedings is to be loaded on to the Shire’s website once the minutes have been made

available. Retention of Recordings 5. Recordings pertaining to the proceedings of Council Meetings shall be retained in accordance with the

State Records Act 2000.

CONTENTS ITEM 1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS .............................. 6

ITEM 2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS . 6

ITEM 3. DISCLOSURE OF INTEREST ......................................................................................................... 8

ITEM 4. PUBLIC QUESTION TIME ........................................................................................................... 9

Response to previous public questions taken on notice .................................................................... 9 Public question time ........................................................................................................................... 9

PQT01-11/20 Chris Waldie, Bindoon .................................................................................... 9 PQT02-11/20 John Nagel, Bindoon ....................................................................................... 9 PQT03-11/20 Dennis Boyanich, Bindoon (asked on behalf of Carl Petersen) .................... 10 PQT04-11/20 Clint O’Neil, Chittering .................................................................................. 11 PQT05-11/20 Robert Pizzino, Bindoon ................................................................................ 12

ITEM 5. PRESENTATIONS / PETITIONS / DEPUTATIONS ........................................................................ 12

ITEM 6. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................................. 12

ITEM 7. CONFIRMATION OF MINUTES ................................................................................................. 12

Ordinary Meeting of Council: 21 October 2020 .............................................................................. 12 Special Meeting of Council: 23 October 2020 ................................................................................. 13

ITEM 8. ANNOUNCEMENT FROM THE PRESIDING MEMBER ................................................................. 13

ITEM 9. REPORTS ................................................................................................................................ 14

DEVELOPMENT SERVICES ................................................................................................................. 14 DS01-11/20 Request for Modified Extractive Industry Rehabilitation Bond: Lot 7 (RN 75)

Toy Road, Bindoon .................................................................................................. 14 DS02-11/20 Application for Rural Pursuit (Beekeeping): Lot 119 (RN 110) Morley Road,

Lower Chittering ..................................................................................................... 21 DS03-11/20 Revocation of Local Planning Policies ............................................................. 28 DS04-11/20 Mining in the Shire of Chittering district area ................................................. 32 DS05-11/20 Proposed Local Planning Policy – Extractive Industries .................................. 35

TECHNICAL SERVICES ........................................................................................................................ 39

CORPORATE SERVICES ...................................................................................................................... 39 CS01-11/20 List of Accounts Paid for the Period Ending 31 October 2020 ........................ 39 CS02-11/20 Monthly Financial Reports for the Period Ending 31 October 2020 ............... 41 CS03-11/20 Amendment to Schedule of Fees and Charges 2020/2021 ............................. 43

CHIEF EXECUTIVE OFFICER ............................................................................................................... 46 CEO01-11/20 Appointments of Delegates to Committees, Advisory Groups and External

Organisations .......................................................................................................... 46 CEO02-11/20 Register of Policies: Amendments ............................................................... 53 CEO03-11/20 Scheduling of the Ordinary Meetings of Council for 2021 ........................... 56 CEO04-11/20 Chittering Mining Advisory Group ................................................................ 61 CEO05-11/20 Wear Ya Wellies EOI Outcome ..................................................................... 65 CEO06-11/20 Community Assistance Grants and Sponsorship Funding – Round 2, 2020 . 69 CEO07-11/20 Joint Venture Housing Arrangements .......................................................... 72 CEO08-11/20 Bindoon Townsite Master Plan ..................................................................... 76 CEO09-11/20 Land for Aged and Disability Accommodation ............................................. 80 CEO10-11/20 Rental on Commercial Buildings ................................................................... 85

ITEM 10. REPORTS OF COMMITTEES ..................................................................................................... 88

COM01-11/20 Chittering Bush Fire Advisory Committee: Scheduling of 2021 Meeting Dates ... 88 COM02-11/20 Chittering Bush Fire Advisory Committee: Fire Danger Rating Sign ..................... 91

ITEM 11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................................................... 94

ITEM 12. QUESTIONS FROM MEMBERS WITHOUT NOTICE ..................................................................... 94

ITEM 13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING ............ 94

ITEM 14. MEETING CLOSED TO THE PUBLIC ........................................................................................... 94

Matters for which the meeting may be closed ................................................................................ 94 CON01-11/20 EOI Proposal: Lot 91 (RN 6138) Great Northern Highway, Bindoon

(“Ferguson House”)................................................................................................. 95 CON02-11/20 Education Scholarship 2021 ......................................................................... 95 CON03-11/20 Community Citizen of the Year Awards 2021 .............................................. 96

Public reading of resolution that may be made public .................................................................... 96

ITEM 15. CLOSURE ................................................................................................................................ 97

SHIRE OF CHITTERING ORDINARY MEETING OF COUNCIL MINUTES, WEDNESDAY 18 NOVEMBER 2020

SYNERGY REF: 13/02/38; N202646 Page 6

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Yued people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land, we acknowledge and respect their continuing culture, and the contributions made to this region.

ITEM 1. DECLARATION OF OPENING OF MEETING / ANNOUNCEMENTS OF VISITORS

Cr Kylie Hughes declared the meeting open at 7:00PM

ITEM 2. RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE / ANNOUNCEMENTS

Attendance

The following Members are in attendance: Member: Cr Kylie Hughes (Presiding Member)

Cr Carmel Ross Cr Don Gibson Cr John Curtis Cr Peter Osborn Cr Mary Angus Cr Kylie Hughes

The following Shire staff are in attendance: Matthew Gilfellon Chief Executive Officer Melinda Prinsloo Executive Manager Corporate Services Peter Stuart Executive Manager Development Services Jim Garrett Executive Manager Technical Services Vienna Schnell Planning Officer Natasha Mossman Executive Assistant/Council Support

Members of the general public 9

Media 0

Apologies

Nil

Approved leave of absence

Nil



Announcements

Councillors to advise of their attendance in their role as an Elected Member at community activities and meetings. As the Chief Executive Officer’s office looks after some (not all) appointments for the President and Deputy President; the Agenda includes only those meetings. Councillors are therefore requested to provide additional information at the Ordinary Meeting of Council for inclusion in the minutes. Cr Kylie Hughes 23 October – Special Meeting of Council (Council Chambers, Bindoon) 23 October – Lower Chittering Community Advisory Forum (Sussex Bend, Lower Chittering) 26 October – Ellen Brockman Integrated Catchment Group AGM & Chittering Landcare Group AGM

(Chittering Landcare, Muchea) 28 October – Chittering Residents and Ratepayers Association meeting (Bindoon Hall, Bindoon) 29 October – President and Deputy President Induction Meeting with CEO (Administration Centre, Bindoon) 31 October – Gingin Water Group, DWER, NRM & Gingin Shire - Future of Gingin's Water and Wetlands Forum

(Granville Civic Centre, Gingin) 31 October – Wannamal Community Advisory Forum (Wannamal Community Centre, Wannamal) 2 November – Muchea Hall User Group meeting (Muchea Hall, Muchea) 3 November – Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 6 November – Bindoon Community Advisory Forum (Clune Park, Bindoon) 7 November – Astro Tourism Presentation & Stargazing Event (The Village Green, Lower Chittering) 9 November – Development Assessment Panel Member Training Session (via Zoom with DPLH) 10 November – Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 11 November – Information Session (Council Chambers, Bindoon) 11 November – Agenda Forum (Council Chambers, Bindoon) 12 November – Chittering Seniors Health Expo (Bindoon Hall, Bindoon) 17 November – Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 18 November – Tourism Bound Forum (Perth Convention and Exhibition Centre, Perth) 18 November – Information Session (Council Chambers, Bindoon) Cr Peter Osborn 23 October – Special Meeting of Council (Council Chambers, Bindoon) 11 November – Information Session (Council Chambers, Bindoon) 11 November – Agenda Forum (Council Chambers, Bindoon) 13 November – Meeting with the CEO (Administration Centre, Bindoon) 18 November – Information Session (Council Chambers, Bindoon) Cr John Curtis 23 October – Special Meeting of Council (Council Chambers, Bindoon) 23 October – Lower Chittering Community Advisory Forum (Sussex Bend, Lower Chittering) 28 October – Chittering Residents and Ratepayers Association meeting (Bindoon Hall, Bindoon) 6 November – Bindoon Community Advisory Forum (Clune Park, Bindoon) 10 November – Bindoon & Districts Historical Society meeting (Brockman Centre, Bindoon) 18 November – Information Session (Council Chambers, Bindoon) Cr Carmel Ross 23 October – Special Meeting of Council (Council Chambers, Bindoon) 23 October – Lower Chittering Community Advisory Forum (Sussex Bend, Lower Chittering) 28 October – Chittering Residents and Ratepayers Association meeting (Bindoon Hall, Bindoon) 29 October – President and Deputy President Induction Meeting with CEO (Administration Centre, Bindoon) 31 October – Chittering Volunteer Bushfire Fighters Training Day (Lower Chittering) 31 October – Wannamal Community Advisory Forum (Wannamal Hall, Wannamal) 2 November – Muchea Hall User Group meeting (Muchea Sportsground, Muchea)



3 November - Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 4 November – Yued Working Party meeting (South West Aboriginal Land and Sea Council, Cannington) 6 November – Bindoon Community Advisory Forum (Clune Park, Bindoon) 10 November – Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 11 November – Information Session (Council Chambers, Bindoon) 11 November – Agenda Forum (Council Chambers, Bindoon) 17 November – Weekly President, Deputy President CEO Meeting (Administration Centre, Bindoon) 18 November – Information Session (Council Chambers, Bindoon) Cr Mary Angus 22 October – WALGA Chairing Meetings (webinar) 23 October – Special Meeting of Council (Council Chambers, Bindoon) 23 October – Lower Chittering Community Advisory Forum (Sussex Bend, Lower Chittering) 2 November – Chittering Education Scholarship Advisory Group meeting (Administration Centre, Bindoon) 5 November – Chittering Education Scholarship Advisory Group meeting (Administration Centre, Bindoon) 6 November – Bindoon Community Advisory Forum (Clune Park, Bindoon) 11 November – Information Session (Council Chambers, Bindoon) 11 November – Agenda Forum (Council Chambers, Bindoon) 12 November – Seniors Expo (Bindoon Hall, Bindoon) 18 November – Information Session (Council Chambers, Bindoon) Cr Don Gibson 23 October – Special Meeting of Council (Council Chambers, Bindoon) 18 November – Information Session (Council Chambers, Bindoon)

ITEM 3. DISCLOSURE OF INTEREST

Declared before the meeting

DS01-11/20 Request for Modified Extractive Industry Rehabilitation Bond: Lot 7 (RN 75) Toy Road, Bindoon

Councillor Type of Interest Nature / Extent of Interest

Cr Carmel Ross Impartiality

Nature: Resides on but not owner of land that shares boundary with this property. Extent: As a neighbouring property acquainted with the applicant.

CON01-11/20 EOI Proposal: Lot 91 (RN 6138) Great Northern Highway, Bindoon (“Ferguson House”)


Cr Mary Angus Impartiality Nature: Works with the applicant. Extent: May be seem to make decisions in applicant’s favour.

CON03-11/20 Community Citizen of the Year Awards 2021


Cr John Curtis Impartiality

Nature: Member of a group that two nominees are members of. Extent: Member of a group that two members are nominated from.

Cr Don Gibson Impartiality Nominated one of the nominees for the awards.



ITEM 4. PUBLIC QUESTION TIME

Response to previous public questions taken on notice

Nil

Public question time

Questions asked during the meeting

PQT01-11/20 Chris Waldie, Bindoon

Mr Waldie congratulated Cr Hughes and Cr Ross on their successful appointments, and he also expressed thanks to the Shire’s Parks and Gardens crew on the works done to the bridle trails in the Bindoon Country Club. Question 1: Question related to CS03-11/20 and the advertising fee, and asked if Council would

consider moving an amendment that would exclude non-profit organisations from that advertising fee.

Question 2: What is the process of the by-election and the costs involved as at the recent Chittering

Residents and Ratepayers Association (CRRA) meeting there was a motion that it should not take place, for someone to sit for six months.

Response 2: Cr Hughes advised that she had not received any correspondence from the CRRA.

Mr Waldie asked again if it was still on the cards.

Cr Hughes advised that the motion passed at the Special Meeting of Council (23 October 2020), which was to call an extra-ordinary election. Council has a month to advise the electoral commission (i.e. WAEC) of the date.

Mr Waldie asked if the intention was to go ahead.

Cr Hughes advised that Council had not received any indications that it should not. Cr Hughes further that the reason why she had not announced the date, was because she was waiting on feedback from the CRRA. Cr Hughes further advised that Council would need to revoke the resolution and that would need to be three councillors would have to put in a request to revoke that motion; which would then require a motion to revoke which would need ‘Absolute Majority’, which is four councillors. Cr Hughes advised that she is not able to have the deciding vote on that motion.

Cr Angus informed the meeting that the tenure of the now vacated position will still have three years left, i.e. expires October 2023.

PQT02-11/20 John Nagel, Bindoon

Mr Nagel read aloud a motion that was put up at the CRRA meeting held on 28 October 2020 regarding the extra-ordinary election, and the cost involved. Question 1: Will Council reverse the motion passed at the October Special Meeting and save the

shire the sum of $20,000 to $30,000.

Response 1: Cr Hughes advised that has explained in the response to Mr Waldie, there would need to be three councillors put through a request to revoke the resolution.



Question 2: Is Wandena Road in the works programme for sealing?

Response 2: Cr Hughes directed the question to the Chief Executive Officer to respond. Mr Gilfellon advised that the road is not in the works programme, however the Shire has been investigating it. The Shire has tried to get runoff road crash funding for it, but that funding was pulled. The Shire has done road counters on the road to determine a business case around it, as shire’s need to ensure that there is sufficient levels of traffic that use the road(s) that are applying for funding. This is something that Shire officers intend to talk with Council about later, to see if the Shire can afford it, and what increase in rates that would be.

Mr Nagel asked if it was in the current financial year budget?

Mr Gilfellon advised that it was not in the budget until 30 June 2021.

Cr Hughes advised that she took Margaret Fewster’s question to the Chief Executive Officer that week.

Mr Nagel informed the meeting that the CRRA AGM is on 2 December 2020, commencing at 7pm in the Town Hall, and a public meeting will follow.

PQT03-11/20 Dennis Boyanich, Bindoon (asked on behalf of Carl Petersen)

Mr Boyanich spoke to the valuation for the bakery building being around $300,000, where the butchers is for sale where the asking price is nearly $500,000. Question 1: Where did the valuation come from and why is there such a discrepancy between the

two?

Response 1: Cr Hughes directed the question to the Chief Executive Officer to respond. Mr Gilfellon sought clarification to the building in question, as ‘bakery’ is the building that is there.

Mr Boyanich clarified that it was the old bakery building.

Mr Gilfellon advised that this matter is subject to confidential item. Mr Gilfellon questioned the valuation that Mr Petersen has mentioned

Question 2: Mr Boyanich advised that there was an offer put in of approximately $260,000 (according to Mr Petersen), and then he stated it has gone up to about $300,000. Mr Petersen wanted to know if this was the case, when was it valued and who valued it; was it valued by anybody?

Response 2: Mr Gilfellon advised that they have not released the valuation because it is subject to a tender, and that document is confidential. Cr Hughes advised that Mr Petersen might be referring to the deputation made ahead of the property being advertised for tender. Cr Hughes further advised that the valuations were in the deputation. Mr Gilfellon advised that the reason local governments go to tender is to ascertain what the market value is. Mr Gilfellon referenced the asking price for the local butchers, but the market value for the butcher will be what it sells for, not the asking price. The market value of the Locavore store will be dependent on what tenders come in for it.

Mr Boyanich sought clarification on when local governments put out tenders that you need to know roughly what the valuation is, as the tender going to meet the valuation when people submit.

Mr Gilfellon advised that you do not have to, and that the Shire has that as a confidential document, as to put it out to the general public would impact on the tender process.



Question 3: The money that was going into the building down in Chittering, has that money been returned back or has that not happened yet.

Response 3: Cr Hughes sought clarification that the question referred to the BBRF Grant, and advised that this grant is the same as most grants, whereby the Shire did not receive any money upfront, that you spend the money and submit an acquittal which is then refunded. Therefore the Shire did not receive any money to then have to give back.

Mr Boyanich mentioned that at the last meeting the Chief Executive Officer sought direction from Council on what do with the grant.

Mr Gilfellon advised that he asked for direction on the project as we have not received any money to hand back. The Shire has written to the relevant agency to inform them that the Shire is not going to take up the grant and they are preparing the necessary paperwork for mutual termination.

Question 4: The vehicles and machinery that the Shire sells, does that all go out to tender, or what

happens?

Response 4: Mr Gilfellon advised that it depends, this year the Shire has not had any changeovers of vehicles/machinery, and that most of the time the Shire does put it out to tender.

Cr Ross commented on the tender valuation and in particular the butcher shop that might be on the market, that at least three of the properties on Binda Place have been on the market in recent years are still for sale (i.e. the current bakery, the butcher). Cr Ross observed that all have had prices on them that are too high and this is why they have not sold – they have been on the market for a long time.

Question submitted in writing

PQT04-11/20 Clint O’Neil, Chittering

Mr O’Neil’s question relates to agenda items CEO07-11/20 - JOINT VENTURE HOUSING ARRANGEMENTS, CEO08-11/20 - BINDOON TOWNSITE MASTER PLAN - officer recommendations [1] and [3] and CEO09-11/20 - LAND FOR AGED AND DISABILITY ACCOMMODATION - officer recommendations [2] and [3]. Question 1: Taking into consideration that the Shire's current local planning strategy makes

provision for increased Lot density within the Maryville village precinct planning area, is it timely and appropriate that the Council instructs the Chief Executive Officer to engage suitably qualified professionals to create a Maryville lifestyle village on the currently vacant 7.0 hectare Lot in Lower Chittering, to support local over 60's residents residing in their local community by: a) Creating 200 - 300 m2 fully serviced residential Lots, leased on a long term basis

to local residents, for the construction of suitable housing guided by an overarching built environment plan.

b) Allocating resources for the commencement of construction of suitable two-bedroom, two-bathroom age friendly housing on a small number of the created Lots, available for commercial rental by local community residents.

c) Creating a multi-purpose community facility to service both the Maryville lifestyle village and the needs of the local community.

d) Setting aside an area of land on the north east corner of the Lot to make provision for an AFL sized oval to service both the sporting requirements of the regional locality and as an activity area for residents of the lifestyle village.

Response 1: Cr Hughes advised that she would receive this feedback and put it with the other feedback received from the Community Advisory Forums to get feedback from the community to what they would like to be included in the master plan for the area.



Question asked during the meeting

PQT05-11/20 Robert Pizzino, Bindoon

Question 1: Is there a start date for the Stonehouse Trail or is it going to remain in the backburner? Response 1: Cr Hughes directed the question to the Executive Manager Technical Services to respond.

Mr Garrett advised that the Shire is waiting for the area to be surveyed, so that the design for the trail can be completed, which has to be completed as part of the grant conditions.

ITEM 5. PRESENTATIONS / PETITIONS / DEPUTATIONS

Petitions

Nil

Presentations

Nil

Deputations

Nil

ITEM 6. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

ITEM 7. CONFIRMATION OF MINUTES

Ordinary Meeting of Council: 21 October 2020

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 011120 Moved Cr Ross / Seconded Cr Gibson That the minutes of the Ordinary Meeting of Council held on Wednesday 21 October 2020 be confirmed as a true and correct record of proceedings.

CARRIED 6/0 7:23PM



Special Meeting of Council: 23 October 2020

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 021120 Moved Cr Ross / Seconded Cr Angus That the minutes of the Special Meeting of Council held on Friday 23 October 2020 be confirmed as a true and correct record of proceedings.

CARRIED 6/0 7:24PM

ITEM 8. ANNOUNCEMENT FROM THE PRESIDING MEMBER

Nil



ITEM 9. REPORTS

DEVELOPMENT SERVICES

DS01-11/20 Request for Modified Extractive Industry Rehabilitation Bond: Lot 7 (RN 75) Toy Road, Bindoon

Applicant Mr. Jonathan (Joc) Dwyer File ref A1289 Author Principal Planning Officer Authorising Officer Executive Manager Development Services Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Conditional Development Approval

2. Applicant’s Formal Request **CONFIDENTIAL-NOT FOR PUBLIC DISCLOSURE**

Executive Summary Council is requested to consider an application for a reduced rehabilitation bond rate for a gravel extractive industry on Lot 7 (RN 75) Toy Road, Bindoon. The applicant is required to pay Council a rehabilitation bond to enable a new extractive industry licence to be issued, however has contended that the Council adopted rate of $17,900/ha is too expensive. The request from the applicant is to pay a modified rate consistent with quotes received for the rehabilitation works to be undertaken. IMAGE 1: Location Plan



IMAGE 2: Site Plan

Background At the 19 September 2012 Ordinary Council Meeting, Council resolved to conditional approval an Application for Development Approval for the extraction of gravel on Lot 7 (75) Toy Road, Bindoon. Some of the conditions of this development approval were contested through the State Administrative Tribunal and as a result, a modified conditional Development Approval was issued by Council on 19 December 2012. The conditional development approval is provided as an attachment to this report (Attachment 1). Condition 2 of this Development Approval states the following:

2. Prior to the issue of an Excavation Licence a guarantee/bond or other acceptable form of security shall be lodged with or paid to the Shire of Chittering in accordance with the amount stipulated in Schedule 3 of the Shire’s By-Law relating to Extractive Industries.

In accordance with the above, the applicant provided a rehabilitation bond to the Shire at a rate of $3,000/hectare. This was the adopted rate of Council at the time of application (2013), and subsequently an Extractive Industry Licence was issued over the land for a period of five years, expiring on the 30 June 2018. Since this time, the Shire has adopted a new Extractive Industries Local Law 2014 and in the 2015/2016 annual budget, adopted a revised rehabilitation bond rate of $17,900/ha. The Extractive Industry Licence issued over Lot 7 has now expired and as such, a new licence application has been submitted to the Shire in April 2020, pursuant to the requirements of the Development Approval and the Extractive Industries Local Law 2014. As this is a new application, the current Council adopted rehabilitation bond amount ($17,900/ha) is required to paid to the Shire prior to a further licence being issued. At present, the Shire currently holds bond monies for the amount of $4,222.47 for rehabilitation of the site. Under the current adopted rate of $17,900/ha and given the amount of area undergoing extraction (or land yet to be rehabilitated) totals 4.0ha, a bond (or bank guarantee) to the value of $71,600, is required to be provided, prior to a licence being issued. Taking into consideration the bond amount already being held



by the Shire, the applicant is required to secure $67,377.53 with the Shire by way of a cash bond or a bank guarantee. The applicant has indicated that this rehabilitation bond rate is excessive and has formally requested a revised rate be applied to this extractive industry. The formal request, coupled with two quotations from contractors for the rehabilitation works is provided as an attachment to this report (Attachment 2). The applicant has requested that a rate of $7,000/ha be applied as this aligns with the quotes received and is suggested to be reflective of the actual costs for rehabilitation. The rehabilitation requirements for this operation are contained within a 2012 endorsed ‘Excavation – Rehabilitation Management Plan’ and includes the following: • Land returned to predominantly pasture grazing land for agricultural purposes; • Battered slopes generally of a 1:5 grade, with some areas having a grade up to 1:3; • 300mm of overburden being brought back over the site to enable pasture growth; • Contour banks being provided on battered slopes with grades of 1:3 to 1:4; • Planting of local native trees in scattered clumps; • Dieback and weed management to occur during rehabilitation. Given the area of open extraction and non-rehabilitated areas totalling 4.0ha and the suggested rate of $7,000/ha, the applicant is proposing to provide bank guarantee to the value of $28,000 to satisfy the rehabilitation bond requirements of the Development Approval and the Extractive Industries Local Law 2014. It is noted that the issuance of any licence is constrained to the Development Approval timeframe, which expires 30 June 2022 (Condition 1 – See Attachment 1). Any excavation beyond this time cannot occur unless a further Development Approval is sought. Consultation/Communication Implications Local Consultation for an extractive industry occurs through the development application process. There is no requirement for consultation to occur for the determination of an extractive Industry licence. State Consultation for an extractive industry occurs through the development application process. There is no requirement for consultation to occur for the determination of an extractive Industry licence. Legislative Implications State Nil Local • Shire of Chittering Extractive Industries Local Law 2014

Part 5.1 – ‘Security for restoration and reinstatement’ of the Shire of Chittering Extractive Industries Local Law 2014 states:

‘(1) For the purpose of ensuring that an excavation site is properly restored or reinstated, the local government must require that– (a) as a condition of a licence; or (b) before the issue of a licence, The licensee must give to the local government a bond, bank guarantee or other security, of a kind and in a form acceptable to the local government, in the amount determined by the local government from time to time.’



In addition to the above Part 5.2 – ‘Use by the local government of secured sum’ states: ‘(1) If a licensee fails to carry out or complete the restoration and reinstatement works

required by the licence conditions either— (a) within the time specified in those conditions; or (b) where no such time has been specified, within 60 days of the completion of

the excavation or portion of the excavation specified in the licence conditions, then, subject to the local government giving the licensee 14 days’ notice of its intention to do so—

(i) the local government may carry out or cause to be carried out the required restoration and reinstatement work or so much of that work as remains undone; and

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

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

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

(4) To avoid doubt, the local government’s powers under this clause 5.2 are in addition to its other enforcement powers under this local law.

The legislative powers of this Local Law enable the Shire to require bonds or bank guarantees for rehabilitation works, and empowers the local government to undertake the restoration works if the licensee fails to do so, with the monies held in bond or bank guarantee.

• Local Government Act 1995

Section 6.12(1)(b) of the Local Government Act 1995 states; ‘Subject to subsection (2) and any other written law, a local government may – … (b) waive or grant concessions in relation to any amount of money … which is owed to the local government.

Pursuant to the above, Council has the legal authority to waive a portion of the rehabilitation bond as requested by the applicant, which will effectively be applying a modified rehabilitation bond rate.

Policy Implications State Nil Local Nil



Financial Implications This request should have no financial implications on Council as the bond amount required for the extractive industry licence will either be returned to the Licensee upon completion of the rehabilitation, or used by the local government to complete the rehabilitation works. The bond amount should be sufficient to cover the required works stipulated by the endorsed 2012 ‘Excavation - Rehabilitation Management Plan’, to avoid restoration costs being borne by the local government. In the event that the Shire is required to intervene and complete rehabilitation of the site and the bond money is not sufficient to cover all the costs, there may be legal avenues through the Local Law (Local Government Act 1995) and/or the Planning and Development Act 2005 to recoup any additional expenses. Strategic Implications Nil Site Inspection Site inspection undertaken: No – A site inspection has not been undertaken as this matter relates to a request for a modified Council fee. Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal.

Social implications There are no known significant social implications associated with this proposal.

Environmental implications There are no known significant environmental implications associated with this proposal as this is a matter of a Council fee, and not the environmental impacts of the extractive industry. The environmental impacts of the extractive industry have been assessed and addressed through the original application process in 2012. In the event that rehabilitation of the site does not occur and the bond amount does not adequately cover the costs for the Shire to conduct rehabilitation, prosecution options can be explored to ensure the rehabilitation occurs. It is considered an unlikely scenario that following completion of the extractive industry, rehabilitation does not occur through some means. Officer Comment/Details It is understood that the current adopted rehabilitation bond rate of $17,900/ha was calculated in 2015 on estimated costs of restoration and rehabilitation of an extractive industry. This single rate is applicable to all types of extractive industries including excavation of sand, gravel and clay to varying depths. It also is applicable for all different rehabilitation scenarios including returning land to pasture for grazing, creating vegetated areas and potentially levelling a site for future industrial use (specific to extraction within the Muchea Industrial Park). To provide Council with comparative rates, a small survey of other local governments was conducted by Shire staff to ascertain other rehabilitation bond rates currently being applied to extractive industry licence holders. The results of that survey are as follows:



Local Government Rehabilitation Bond Rate

Shire of Toodyay Rehabilitation for sand less than 3m deep - $5,000/ha Rehabilitation for sand more than 3m deep - $12,000/ha Rehabilitation for gravel, clay or stone less than 3m deep - $7,000/ha Rehabilitation for gravel, clay or stone more than 3m deep - $16,000/ha

Shire of Gingin $1,916/ha

Shire of Northam $3,500/ha

City of Wanneroo Case by case basis

City of Swan Case by case basis

The above indicate large discrepancies between local governments with the Shire’s current rate being at the higher end of the survey results however, not that dissimilar from the Shire of Toodyay’s larger amount. It is understood that the City of Swan and Wanneroo assess each application on its merits in terms of the context of the extraction and the proposed end use of the land. While the above results do not provide a consistent rehabilitation rate between nearby local governments for Council to compare against, it is evident that there are multiple approaches to ultimately achieving the same goal. The current Shire of Chittering rate is considered an adequate means to safeguard the Shire against those excavation activities that are not rehabilitated, and there is a need for the Shire to intervene. The flat rate is considered an amount that would cover a ‘worse-case scenario’ such as the restoration and revegetation of a deep clay or gravel excavation. This rate has been applied to all extractive industries that have received licenses since the adoption of the 2015/2016 annual budget and officers are not aware of any previous instances where this rate has been varied. While noting the above, in some scenarios the rate may be considered excessive and not relative to the actual cost of work required to rehabilitate excavated areas. An example would be a simple sand extraction from an historical sand mound whereby it is planned to return the land to pasture, with minimal earthmoving required and a simple pasture seed sowing prior to a winter season. In these instances, and where the applicant expresses some difficulty in providing a cash bond or a bank guarantee, it may be appropriate to assess the situation on case-by-case basis, and review the amount of bond required through the obtaining of suitable quotes. The current request before Council is not considered to be unreasonable. The endorsed rehabilitation plan indicates the land will be returned to pasture following cessation of extraction activities. This will involve reshaping of the gravel pit voids, bringing overburden and topsoil back onto the land and ensuring the growth of pasture and clumps of trees occur. The applicant has sought and provided two quotations for the required works (Attachment 2) which gives the Shire a reasonable indication of the current cost of rehabilitation of the site. In addition, the term of the licence sought cannot exceed 30 June 2022, as this is the expiry date of the development approval, meaning that the quoted costs of rehabilitation are not likely to significantly fluctuate over such a short space of time (18 months). To ensure the Shire is protected against price rises in rehabilitation costs or the quotes provided are lower than the actual costs, a contingency of 20% (or other nominal amount) can be applied to a modified rate to add an extra level of insurance. This will provide a greater level of confidence to the Shire should it need to intervene and rehabilitate a site as there will be sufficient funds to do so, with any remaining funds to be reimbursed to the licensee. Based on the above, officers recommend that Council waive a portion of the rehabilitation bond fee to the extent that the amount required is consistent with the proposed $7,000/ha, plus a 20% contingency. This equates to an amount of $33,600 (for the 4.0ha of extraction area) being provided to the Shire in either a cash bond or bank guarantee.



In the event that Council resolve to deny the applicant’s request, the current adopted rate of $17,900/ha will need to be paid by the applicant prior to an extractive industry licence being issued. No further resolutions of Council will need to be made in this regard.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 031120 Moved Cr Osborn / Seconded Cr Angus That Council: 1. Pursuant to Section 6.12(1)(b) of the Local Government Act 1995, waive a portion of the Council

fee required for a rehabilitation bond or bank guarantee for an extractive industry licence over Lot 7 (75) Toy Road, Bindoon to the extent that the fee required to be paid is $33,600 for a 4.0ha extraction area.

2. Advise the applicant of Council’s resolution No. 1, above.

CARRIED 6/0 7:28PM



DS02-11/20 Application for Rural Pursuit (Beekeeping): Lot 119 (RN 110) Morley Road, Lower

Chittering

Applicant Haibah Khlid File ref A11572; P070/20 Author Planning Officer Authorising Officer Executive Manager Development Services Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Bee Management Plan & Site Plan

2. Schedule of submissions Executive Summary Council is requested to consider an Application for Development Approval for bee keeping at 110 Morley Road, Lower Chittering. IMAGE 1: Location Plan

Background The Shire is in receipt of a retrospective Application for Development Approval for a Rural Pursuit (bee keeping) at Lot 119 (110) Morley Road, Lower Chittering (the site). The site is zoned Rural Residential under the Shire’s Local Planning Scheme No. 6 (LPS6) and it approximately 2ha in area. It contains mostly cleared, heavily sloped land with some stands of native vegetation. The application proposes two permanent beehives, with potential additional beehives. A copy of the application details has been provided as an attachment to this report (Attachment 1). These hives are already present on the site and have been for several years, according to the landowner. The site is a vacant lot with



no existing development, and is within an established rural residential area. The applicant/beekeeper, who is not the landowner and is based elsewhere (not within the Shire), would be responsible for attending to the hives and preventing nuisance to neighbouring landowners. The application was advertised to five neighbouring landowners, and two responses were received, both in objection to the application. The responses have been tabulated in a schedule of submissions provided as an attachment to this report (Attachment 2). The reasons for objection are summarised as follows: • As the site is vacant, there is no one to manage and prevent swarming on neighbouring properties,

which has occurred several times; • No water has been made available to the bees, resulting in nuisance behaviour on neighbouring

properties; • Due to the nuisance behaviour of the bees and allergies to bee stings, neighbours are concerned about

having to stay inside to protect their health and wellbeing; • Concerns regarding bee biosecurity to neighbouring commercial beekeepers from the applicant

collecting swarms from other areas to place in hives at the site, as such bees could be carriers of various bee diseases, and the potential transfer of such diseases to neighbouring commercial apiaries from foraging bees.

Consultation/Communication Implications Local The application was advertised to neighbouring landowners at numbers 91, 102 and 104 Morley Road; and numbers 117 and 129 Citron Way. Two responses were received, both in objection to the proposed rural pursuit. State Nil Legislative Implications State • Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2, Part 9, Clause 67 of the Regulations provides a list of ‘matters to be considered by local government’ when determining a development application. The following ‘matters’ are considered to be relevant to the subject application and have been addressed below:

(n) the amenity of the locality including the following – i. environmental impacts of the development; ii. the character of the locality; iii. social impacts of the development;

While the proposed development is expected to have minimal impact on the environment and the character of the locality, it may create some adverse social impacts. As can be seen from the submissions received, there is a real concern for the potential of bee swarms to impact neighbouring properties. It will be difficult to determine if a bee swarm originates from a particular hive however, it is not unreasonable to suggest that the risk of swarming bees is heightened, by the presence of hives nearby.

In a Rural Residential zone, it should be expected that a landowner can occupy a dwelling on the land, and have a reasonable amount of enjoyment of that land, without experiencing adverse effects from neighbouring properties. For a landowner not to be able to enjoy their land, is an impact on their social well-being. It is inherent in the nature of the bee that it will not be contained to the boundaries of the property on which the hive is situated. Bees need to forage for food and this is likely to occur off site. The potential for bees to adversely affect an adjoining property is real, and is a key consideration in the assessment of this application. It is the opinion



of officers that the objection received represents a likely impact of the development that has little potential to be mitigated through the imposition of any planning conditions.

(r) the suitability of the land for the development taking into account the possible risk

to human health or safety

One submission received indicated that a nearby resident has anaphylactic reactions to bee stings. While bees already occur in the natural environment and are already likely present throughout the Morley Road area, it has to be acknowledged that this proposed development is likely to increase the activities of bees in the area. An increase in bee activity correlates to an increased risk to neighbouring land owners experiencing unwanted bee stings. In the case of a person that suffers from anaphylaxis, the impact of such a sting can be a serious health and safety concern.

As previously described, no amount of management measures or planning conditions can be imposed on the keeping of bees, to contain them to a single property. It is inherent in their nature to forage for food on flowering vegetation with no regard for property boundaries. As such, the health and safety of neighbouring land owners and occupiers needs to be a key consideration of any application to keep bees.

As a neighbour has expressed a valid and serious concern regarding the potential impact the proposal may have on their health and safety, and the ineffectiveness any planning condition would have on the development, officers do not consider that this development application should be approved.

(y) any submissions received on the application

The submissions received are in itself a ‘matter for consideration’. The submissions raised issues of biosecurity and safety. The safety issue has been adequately addressed above with a neighbour raising the concerns and is apparently susceptible to anaphylaxis. With regard to the biosecurity issue raised, this is not a matter for Council to address as it is not a consideration of the statutory planning framework or the Health Local Law 2017. Officers have previously corresponded with the Department of Primary Industries and Regional Development (DPIRD) and understand that the keeping of bees is subject to further approvals from DPIRD, who administer legislation relating to biosecurity. Therefore, the biosecurity issues raised by the submitter should be addressed by DPIRD at the appropriate time, if Council grant approval to this application.

Local • Shire of Chittering Local Planning Scheme No. 6 – ‘Schedule 1 – Land Use Definitions’

The activity of bee keeping can be categorised under LPS6 as Rural Pursuit/Hobby Farm which is defined as:

‘means any premises, other than premises used for agriculture – extensive or agriculture – intensive, that are used by an occupier of the premises to carry out any of the following activities if carrying out of the activity does not involve permanently employing a person who is not a member of the occupier’s household – a) the rearing, agistment, stabling or training of animals; b) the keeping of bees; c) the sale of produce grown solely on the premises.

The above definition refers to any premises that are used by an occupier of the premises, which means that these activities listed should be carried out by a person who ‘occupies’ the land. The subject application is for the keeping of bees on land that is not occupied and therefore is not strictly in compliance with this definition.

It is however important to read this definition in the context of Clause 3.4.2 of LPS6 (Interpretation of the Zoning Table) which states:



‘If a person proposes to carry out on land any use that is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the type, class or genus of activity of any other use category, the local government may………’

This clause speaks about the process for a ‘use not listed’, but at the same time, highlights that a proposed activity/land use only needs to fall within the type, class, or genus of another use class category. It is a case of ‘best fits’ when classifying a proposed land use activity, into a particular LPS6 land use of the zoning table.

In the context of the subject bee keeping application, it is considered that the proposal falls within the ‘type, class or genus’ of the ‘Rural Pursuit/Hobby Farm’ use class as it is consistent with the majority of this definition. Despite the proposal being for a premises that is not being used by an occupier, there is enough conformity with the remaining elements of the ‘Rural Pursuit/Hobby Farm’ definition for it to be classified as such, particularly as the definition speaks specifically about the keeping of bees.

• Shire of Chittering Local Planning Scheme – ‘Schedule 2 – Zoning Table’

Pursuant to Schedule 2 – ‘Zoning Table’ of LPS6, a ‘Rural Pursuit/Hobby Farm’ is a discretionary (D) use within the Rural Residential zone.

Clause 3.3.2 of LPS6 defines a ‘D’ use as: ‘means that the use is not permitted unless the local government has exercised its discretion by granting development approval’.

The above definition of a ‘D’ use demonstrates that the subject application for the keeping of bees can be considered for approval by Council. It should be noted however, that the primary position of the Scheme is that it is not to be permitted, unless Council exercises its discretion. This is in comparison to a ‘Permitted’ use under LPS6 (i.e. Single House), which should be allowed as a right of the landowner. Therefore, the discretion lies with Council whether to approve the application or not.

• Shire of Chittering – Objectives of the Zones

Clause 3.2.8 ‘Objectives of the Zone’ for Rural Residential states: ‘The objectives of the Rural Residential zone are to: a) designate areas where rural residential developments can be accommodated

without detriment to the environment or the rural character of the area. b) meet the demand for a rural lifestyle on small lots, generally in excess of 1 hectare. c) Maintain and enhance the rural character and amenity of the locality.

The above objectives are vague but place an emphasis on supporting residential development where it is not detrimental to the natural environment or character of the area. It is important to understand that this Rural Residential zone was created to primarily support residential land uses in a natural environment. This means that the use of the land for residential purposes has primacy in this zone, over other non-residential land uses.

The use of a dwelling and its curtilage in this zone should be afforded a level protection from other discretionary land uses on adjoining properties. This is broadly supported by the above objectives of the zone. It is therefore considered that if a proposed land use in this zone has the potential to adversely affect the use of adjoining land used for residential purposes, then that proposed land use should not be supported by Council.



• Shire of Chittering Health Local Law 2017

Part 6, Division 7 of the Shire of Chittering Health Local Law 2017 requires approval under the Local Law for a person to keep bees anywhere within the Shire. This approval will be in addition to the requirements for Development Approval and will be determined by the Shire’s Environmental Health Department.

Furthermore, under the Local Law, a person can be instructed by an authorised officer to remove the bee hives from a property if, in the opinion of the authorised officer, the bees or beehives are causing a nuisance. While this gives the Shire a level of protection should any bee hive in the Shire cause a nuisance, the uncontained nature of bees often makes it difficult to ascertain the origin of a potential swarm. This then can make enforcement difficult and should not be relied upon as a failsafe mechanism to address a nuisance issue, should it occur.

Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications Nil Site Inspection Site inspection undertaken: Yes A site inspection was carried out on Tuesday 20 October 2020. IMAGES: Photos taken at site visit by Shire planning staff



Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications The application (if approved) has the potential to negatively affect the health, safety and wellbeing of local residents.

Environmental implications There are no known significant economic implications associated with this proposal.



Officer Comment/Details Rural Pursuit is listed as a ‘D’ land use under the Scheme, meaning it is not permitted unless the Shire has exercised its discretion by granting development approval. Beekeeping on rural residential properties has the potential to negatively impact the amenity and safety of neighbouring properties. It is generally more appropriate to be located on larger Agricultural Resource zoned properties where the potential for the activity to negatively impact neighbours is much lower. It should only be permitted within the Rural Residential zone where the health and safety of nearby landowners/occupiers is not considered to be a concern. The development application process allows for neighbour’s comments to be received and considered. In the context of keeping bees, neighbour’s comments needs to be a key consideration as the inherent nature of bees does not allow them to be contained to a single property, and are likely to use neighbouring properties as a food source. The safety concern received during the advertising period of this application is considered by officers to be valid, and should play a role in Council’s determination. Furthermore, the proposal is for the bee hives to be unattended as there are not any current occupiers of the land. This poses a further risk that any unforeseen swarming of the hives that occurs, will not be addressed in a timely manner. Maintenance of the hives or checking of water supply may also not be easily conducted if the owner of the hives resides off-site. The management risks associated with bee hives with no occupier of the land, coupled with the potential health and safety risks of nearby residents raised during the advertising period are too great for officers to support this proposal. The Rural Residential zone is primarily for residential activities, which should not be compromised by a discretionary land use on a neighbouring property. For these reasons, Shire officers consider the proposed activity to not be appropriate in these circumstances, and recommend refusal of the application.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 041120 Moved Cr Ross / Seconded Cr Angus That Council refuse the application for development approval for a Rural Pursuit (beekeeping) at Lot 119 (RN 110) Morley Road, Lower Chittering for the following reasons: 1. The proposal creates an unacceptable risk to human health and safety of the residents of the

surrounding area taking into consideration submissions received. 2. The proposal is likely to have adverse impacts on the amenity of the area and impact on

neighbouring resident’s social well-being. 3. There is no occupier of the subject land to mitigate the potential human health and safety risks

to residents of the surrounding area.

CARRIED 4/2 CR GIBSON AND CR CURTIS VOTED AGAINST THE RECOMMENDATION

7:34PM



DS03-11/20 Revocation of Local Planning Policies

Applicant Shire of Chittering File ref 18/06/0019; 18/06/0022; 18/06/0031 Author Principal Planning Officer Authorising Officer Executive Manager Development Services Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. LPP19, LPP22 and LPP31 Executive Summary As part of ongoing efforts to improve the functioning of Shire planning instruments, reduce duplication of policy statements, address contradictions and simplify the system for all users, a number of redundant Local Planning Policies (LPP) are proposed to be revoked: 1. Local Planning Policy No. 19 – Pre-painted building materials. 2. Local Planning Policy No. 22 – Fences. 3. Local Planning Policy No. 31 – Structures in road reserves. Background Shire Planning staff have been progressively reviewing the applicability and validity of the Shire’s Local Planning Policies against the statutory framework. The review focusses on the policy framework that currently guides development services, wherein a number of endorsed local planning policies were identified as no longer necessary due to changes in State Government legislation and Policy. Local Planning Policies are now created, amended and revoked under the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations). Local Planning Policies must be consistent with the Shire of Chittering Local Planning Scheme No. 6 (LPS6) and if any inconsistency arises, LPS6 shall prevail. Additionally, where a policy interferes with another Act or Regulation, that higher order legislation prevails. The three Policies that are proposed to be revoked by Council are: 1. Local Planning Policy No. 19 – Pre-painted building materials (LPP19). 2. Local Planning Policy No. 22 – Fences (LPP22). 3. Local Planning Policy No. 31 – Structures in road reserves (LPP31). Each of the current versions of these Policies is provided as an attachment to this report (Attachment 1). A description of each Policy and the reasons for revocation are provided in the ‘officer comment’ section of this report. Consultation/Communication Implications Local There are no advertising or consultation requirements for the revocation of a Local Planning Policy. The Regulations dictate that if Council resolve to revoke a Local Planning Policy, a notice is required to be published in the local newspaper. State Nil



Legislative Implications State If Council resolve to revoke the three subject local planning policies, it will be required to place a notice in the local newspaper advising the public of the revocations pursuant to Sch.2, Pt. 2, Cl, 6(b)(ii) of the Regulations. Local Nil Policy Implications State Nil Local The three local planning policies proposed to be revoked will no longer be in effect. Financial Implications Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The three local planning polices proposed to be revoked are considered redundant and potentially problematic due to conflicting provisions with other legislative requirements. It needs to be understood that local planning policies are not a statutory document and cannot override any provision of the LPS6 or other legislation. They are to be used as guiding documents to assist Council in their decision-making, primarily where an element of discretion applies. In certain circumstances they can also be used to exempt development approval, but cannot be used to require development approval be obtained. In addition, Local Planning Policies are intended to be simple documents to be used and understood by both Council, and the general public. They are displayed on the Shire’s website and are readily available to any



member of the public for information purposes who may be looking to develop a property. If a Local Planning Policy displays information that is incorrect or invalid due to an inconsistency with other legislation, it can creates issues with the public’s expectations on what development is permitted and what is not. It is the Shire’s responsibility to ensure that all Local Planning Policies reflect the Shire’s development expectations and are legally sound. The rationale for revoking each policy is discussed individually below. LPP19 – Pre-painted building materials Local Planning Policy 19 – ‘Pre-painted Building Materials’ (LPP19) was adopted by Council in February 2006. It encourages the use of pre-painted building materials in built-up areas such as Townsites and Rural Residential areas and areas that may be seen from a public road for amenity purposes. It also encourages the use of pre-painted building materials within the LPS’s Special Control Area (SCA) for Military Considerations to avoid reflective interference to overhead planes. Local Planning Scheme No. 6 (LPS6) contains a provision that prohibits the use of reflective material in the Rural Residential Zone. Therefore any reference to non-reflective materials in the LPP19 is redundant. LPS6 also contains considerations for the Military Considerations SCA for development causing a hazard or interference with aircraft. This is intended to be strengthened in the near future through a Scheme Amendment that ensures non-reflective roofing material is used for all development. As this requirement is enforced through the development approval process, this requirement in LPP19 is not considered necessary. Within the LPS6 Landscape Protection Area, amenity considerations are included in these provisions and also contain a statutory requirement for roofing material to be non-reflective. The Landscape Protection Area of LPS6 is designated for areas of the Shire where the natural beauty of the landscape needs a level of protection and adequately caters for non-reflective material, further rendering LPP19 redundant. Within the Townsite zones of the Shires, there are often no mechanisms for development approval to be required, unless a property falls within a Special Control Area of LPS6. This is due to the Regulations exempting the requirement for Development Approval for buildings that comply with either LPS6 or the Residential Design Codes of WA (State Planning Policy 7.3). If a building is exempt from obtaining development approval, there are no opportunities for the Shire to enforce a provision of a Local Planning Policy. A Local Planning Policy cannot be used to prescribe development standards, if development approval is not required. As such, stipulating prescriptive building materials for the Townsite zones in a Local Planning Policy would not achieve its intended outcome, and may also be misleading to the reader. Based on the above rationale, it is recommended that LPP19 be revoked. LPP22 – Fences Local Planning Policy 22 – ‘Fences’ (LPP22) was adopted by Council in July 2007. It serves to prescribe fencing standards within certain LPS6 zones throughout the Shire. The fundamental issue with LPP22 is that the erection of a boundary fence or wall is exempt from Development Approval under the Planning and Development (Local Planning Schemes) Regulations 2015. Furthermore, standards of a boundary fence are governed by the Dividing Fences Act 1961, and are essentially a civil matter to be agreed upon by the two adjoining property owners. LPP22 has no authority to prescribe the standards of a boundary fence, nor can it dictate when development approval is required, contrary to the current provisions of the policy. This has created issues in the past few years as the public are not aware of this contradiction and assume the policy to be correct and legally enforceable, particularly in situations where boundary fence disputes arise. LPP22 also prescribes measures to control internal fencing and entry statements, and makes them subject to development approval. Again, a Local Planning Policy cannot be used to ‘call-in’ development approval. The Regulations, in combination with LPS6 dictate when development approval is required or not. As such, it will



be the Regulations and LPS6 that will determine whether an internal fence or an entry statement will require development approval. In these instances, the application will be assessed by planning staff against the myriad of considerations available to them within the Regulations and LPS6, in order to achieve good planning outcomes. Based on the above and the historic issues this policy has caused with the public’s expectations, it is recommended that LPP-22 be revoked. LPP31 – Structures in road reserves Local Planning Policy 31 – ‘Structures in Road Reserves’ (LPP31) was adopted by Council in July 2006. It seeks to control a limited amount of potential development that occurs within the Shire’s road reserves. Activities that occur within some road reserves are required to obtain development approval from the Shire under the provisions of the Regulations and LPS6. Other road reserve (predominantly minor local roads labelled as ‘no zone’ in LPS6) do not fall under the jurisdiction of LPS6, with these activities captured under the Shire’s Activities in Thoroughfares and Trading in Public Places Local Law 2001. In recent times, the only development approvals within road reserves that have been applied for have been advertising signage. In these instances, officers use Local Planning Policy 5 – ‘Signage’ to assist with its assessment which caters for signage within the road reserve. In the instance a development is proposed within a road reserve, the Regulations, coupled with LPS6 have adequate means for all the necessary considerations to be made through the planning process. It is considered that LPP31 adds no value to the Shire’s decision making process. Based on the above, it is recommended that LPP31 be revoked.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 051120 Moved Cr Gibson / Seconded Cr Osborn That Council: 1. Pursuant to Schedule 2, Part 2, Clause 6(b)(i) of the Planning and Development (Local Planning

Schemes) Regulations 2015, revoke Local Planning Policy 19 – Pre-painted Building Materials; Local Planning Policy 22 – Fences; and Local Planning Policy 31 – Structures in Road Reserve;

2. Pursuant to Schedule 2, Part 2, Clause 6(b)(ii) of the Planning and Development (Local Planning

Schemes) Regulations 2015, instruct the Chief Executive Officer to publish notification of the above resolution No. 1 in a newspaper circulating in the Scheme area.

CARRIED 6/0 7:37PM



DS04-11/20 Mining in the Shire of Chittering district area

Applicant Shire of Chittering File ref I1779480; 18/08/0002 Author Executive Manager Development Services Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. DMIRS exploration licence referral dated December 2016 Executive Summary Council is requested to elaborate on its position in relation to mining in the shire. While Council has previously resolved to maintain a general presumption against mining, petroleum and geothermal energy resources extraction within the shire where provided for in legislation, the Mining Act generally does not permit a local authority to adjudicate over mining leases. It does not stop a local authority from commenting on a mining lease within its district. Council is recommended to write to the department responsible for environmental protection, stating its concerns with mining of silica sands within the crown lands west of the Muchea townsite, commonly referred to as the “Gnangara Mound”, a major drinking water source for Western Australia. Background Mining as an industry is a well-known driver for Western Australia’s economy. In fact, it serves as the single largest industry within the state. Mining is provided for in almost every title, and can exceed property ownership rights. In short, the Mining Act has significant powers. The Shire is consistently notified when any exploration tenement applications are submitted. The state department responsible for mining application and approvals will require feedback from the Shire. An application for exploration is not a guarantee that mining will occur, rather it is an application to geologically explore a defined area. More often than not, the application results in nothing more. Occasionally the application will proceed to the next stage, which is an application to mine. Consultation/Communication Implications Local Chittering Mining Advisory Group State Department of Mines, Industry Regulation and Safety Environmental Protection Authority Legislative Implications State • Mining Act 1954

The Mining Act 1954 legislates all functions relating to mineral extraction, save for basic raw materials extraction and minerals to owner extraction (which fall under the precipice of the Planning and Development Act 2005); precious minerals; and conventional and unconventional extraction (oil, gas and fracking) – the latter two types being state controlled/regulated.



As is the case, a local government’s role is advocacy, which is to say that the authority can only comment on an application – it cannot regulate it.

Local Nil Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications State Nil Local Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications Mining forms the largest economic industry in WA. Local government is not necessarily directly a party to this economy, however can indirectly benefit through investment and royalties. Social implications There are no known significant social implications associated with this proposal. Environmental implications The potential environmental damage is significant in any extractive industry. In respect of the silica sand proposal in Muchea, the environmental implications range from minimal to catastrophic. The purpose of writing to the department responsible for environmental regulation is to ensure that department is aware of the risks associated with environmental damage. Officer Comment/Details One attempted application to mine in the Shire of Chittering in 2011 was met with fierce backlash. It resulted in the advent of the ‘Chittering Mining Advisory Group’ (CMAG), which was chaired by a Shire Councillor, and within it has a quorum of mining and/or environmental expertise. Its role is to advise on mining in the shire, and how Council should proceed within its means. The shire currently finds itself in proximity to two separate and meaningful explorations, with an application to mine silica sand being currently under assessment by the Department of Mines, Industry Regulation and



Safety (DMIRS) and the Department of Water and Environment Regulation (DWER) being the most prevalent. The CMAG at their October 2020 meeting resolved to request Council to prepare a submission to be sent to DWER, advising of its concerns with the land in question’s environmental significance. In the immediate term, Council, via the CMAG, is requested to write to the state department responsible for environmental regulation relative to mining operations. The request is to ensure the department is fully aware of the environmental implications associated with the silica sand mining proposal within the Gnangara Mound has potential to significantly diminish established rare flora and fauna within the land, while also contaminating a state-significant drinking water source.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 061120 Moved Cr Hughes / Seconded Cr Gibson That Council, having regard to its jurisdiction in relation to the Mining Act 1954: 1. Resolves to write to the state department responsible for environmental regulation, outlining its

concerns for the silica sands mining application, located within and adjacent to the Gnangara Mound reservoir in Muchea, being the south western corner of the Shire’s district boundaries.

2. Authorises the letter to be signed by the President of the Shire on behalf of Council.

CARRIED 6/0 7:39PM



DS05-11/20 Proposed Local Planning Policy – Extractive Industries

Applicant Shire of Chittering File ref 04/03/1 Author Principal Planning Officer Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to consider drafting a Local Planning Policy to prescribe the method for calculating rehabilitation bonds associated with Extractive Industries. Background At this Ordinary Council Meeting of 18 November 2020, a request for a modified rehabilitation bond will be considered (DS01-11/20 Request for Modified Extractive Industry Rehabilitation Bond: Lot 7 (RN 75) Toy Road, Bindoon). This request relates to a gravel extractive industry licence on Lot 7 Toy Road, Bindoon, submitted by Mr Joc Dwyer. If Council approve this request, it may set a precedent for further operators of extractive industries to request modified bond rates. To reduce any ambiguity in Council’s position over the matter for both the Shire administration, the public and stakeholders, it is suggested that a Local Planning Policy be developed to formally prescribe the process available for extractive operators to request a modified rehabilitation bond. The consideration of this item for drafting a Local Planning Policy is dependent on the outcome of the preceding agenda item, for a modified rehabilitation bond over Lot 7 Toy Road, Bindoon. If Council does not support the recommendation of the preceding item, the consideration of drafting a Local Planning Policy is not required. Consultation/Communication Implications Local The drafting of a Local Planning Policy does not require any prior community consultation. If a Local Planning Policy is adopted by Council, the Planning and Development (Local Planning Schemes) Regulations 2015 (Regulations) dictates that a period of advertising of 21 days is undertaken. Advertising involves engagement with the local community and relevant stakeholders. Further consideration of the Policy is required following this period of advertising. State Similar to the above, the mandatory advertising period of a Local Planning Policy may include referral to relevant State agencies, whose responses will be considered by Council at the appropriate time.



Legislative Implications State • Planning and Development (Local Planning Schemes) Regulations 2015

The procedure for preparing and adopting a Local Planning Policy is dictated by the Regulations. This procedure will be explained in greater detail if Council resolve to draft a Local Planning Policy.

Local Nil Policy Implications State Nil Local This item regards the drafting of a new Local Planning Policy, which will form part of the Shire’s local planning framework. Financial Implications Local Nil State Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable. Triple Bottom Line Assessment Economic implications The drafting of this Local Planning Policy may provide the financial flexibility to current and future extractive industry operators. The intent of this Policy will be to ensure an extractive industry licence holder provides financial security to the Shire to rehabilitate an extraction site, with an amount that is more specific to the activities. This could enable further extraction of basic raw materials in the Shire stimulating the local economy. Social implications There are no known significant social implications associated with this proposal.



Environmental implications Rehabilitation bonds associated with extractive industries and put into place, and are a requirement of the Shire’s Extractive Industry Local Law 2014, to ensure the restoration of a disturbed environment. The drafting of a Local Planning Policy is to maintain this level of protection, whilst making the bond amount more relevant to each individual extractive operation. It is considered that the drafting of this Policy will have no impact on the current environmental implications associated with extractive industries. Officer Comment/Details If Council resolves on the preceding agenda item to grant a request for a modified bond amount, it is likely that this sets a precedent and further requests may be received by the Shire for future extractive industry licences. In anticipation of this and to ensure a consistent approach for all future licence holders, it is recommended that Council instruct the Chief Executive Officer to develop a Local Planning Policy that details the rehabilitation bonding options for extractive industry licences, and affords a level of flexibility to the industry subject to suitable quotes being provided. At present, the Council adopted fee for a rehabilitation bond is $17,900/ha. This rate applies to all extractive industry operations throughout the shire, regardless of the nature or depth of the extraction (gravel, sand, clay etc.) and having no regard towards the end use (i.e. pastured paddock, vegetated, industrial land). The current rate has benefits in that it is easy to apply, and seems to be a rate that could suitably cover the costs for rehabilitation of all types of extractive industries. This rate can continue to apply however, a Local Planning Policy could be used to provide an alternate option, should an operator wish to explore this, if the rate is seen to be prohibiting a extraction proceeding. The details of such a Policy can be workshopped with Council to explore all viable options. It is recommended that Council instruct the Chief Executive Officer to commence the drafting of the Local Planning Policy. A further resolution should also be made delegating authority to the Chief Executive Officer to waive the rehabilitation bond fee, to avoid future requests being brought unnecessarily to Council. This second resolution can be made immediately (while it is waited for the Local Planning Policy to be drafted) as the precedent of Council’s decision (on the preceding agenda item) can be used as a basis for determining future requests. In the instance that Council does not support the request made by Mr. Joc Dwyer for a modified rehabilitation bond rate, it is inferred that Council are comfortable with the current blanket bond rate of $17,900. In this instance, resolving to draft a Local Planning Policy for extractive industry bond rate may be redundant.

OFFICER RECOMMENDATION Moved Cr Osborn / Seconded Cr Ross That Council: 1. Instruct the Chief Executive Officer to prepare a Local Planning Policy that details the opportunity

for prospective extractive industry licence holders to request a modified rehabilitation bond rate, if such a rate can be justified through the obtaining of quotations from suitable contractors.

2. Delegate authority to the Chief Executive Officer to waive a fee, or portion of a fee relating to an extractive industry rehabilitation bond pursuant to Section 6.12(1)(b) of the Local Government Act 1995.



AMENDMENT Moved Cr Ross / Seconded Cr Osborn That Recommendation 2 be amended by adding the following:

In case where evidence has been provided at the actual cost of rehabilitation will be substantially lower than the current fee at the time.

CARRIED 4/2 AND FORMED PART OF THE SUBSTANTIVE MOTION

7:44PM

SUBSTANTIVE MOTION / COUNCIL RESOLUTION 071120 Moved Cr Osborn / Seconded Cr Ross That Council: 1. Instruct the Chief Executive Officer to prepare a Local Planning Policy that details the opportunity

for prospective extractive industry licence holders to request a modified rehabilitation bond rate, if such a rate can be justified through the obtaining of quotations from suitable contractors.

2. Delegate authority to the Chief Executive Officer to waive a fee, or portion of a fee relating to an

extractive industry rehabilitation bond pursuant to Section 6.12(1)(b) of the Local Government Act 1995 in case where evidence has been provided at the actual cost of rehabilitation will be substantially lower than the current fee at the time.

SUBSTANTIVE CARRIED 4/2 7:46PM



TECHNICAL SERVICES

Nil

CORPORATE SERVICES

CS01-11/20 List of Accounts Paid for the Period Ending 31 October 2020

Applicant Shire of Chittering File ref 12/03/4 Author Finance Officer - Accounts Authorising Officer Executive Manager Corporate Services Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial or

Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. List of Accounts Paid as at 31 October 2020 Executive Summary Council is requested to endorse payments presented in the List of Accounts Paid for the period ending 31 October 2020. Background Pursuant to Local Government Act 1995 Section 6.8 (2)(b), where expenditure has been incurred by a local government, it is to be reported to the next ordinary meeting of Council. Consultation/Communication Implications Local Executive Manager Corporate Services State Nil Legislative Implications State Local Government Act 1995 Local Government (Financial Management) Regulations Local Nil Policy Implications State Nil Local Nil



Financial Implications All expenditure has been approved via adoption of the 2020/21 Annual Budget, or resulting from a Council resolution for a budget amendment. Strategic Implications State Nil Local Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The attached “List of Accounts Paid as at 31 October 2020” is presented to Council for endorsement.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 081120 Moved Cr Osborn / Seconded Cr Angus That Council endorses the following List of Accounts Paid as per Attachment 1 totalling $1,112,431.34 for the period ending 31 October 2020: 1. PR5613, PR5643, PR5646; 2. EFT20618 – EFT20773; and 3. Direct Debits, Cheques as listed.

CARRIED 6/0 7:47PM



CS02-11/20 Monthly Financial Reports for the Period Ending 31 October 2020

Applicant Shire of Chittering File ref 12/03/4 Author Senior Finance Coordinator Authorised by Executive Manager Corporate Services Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1 Monthly Financial Report for period ending 31 October 2020 Executive Summary Council is requested to consider the financial statement for the period ending 31 October 2020. Background In accordance with Local Government (Financial Management) Regulations 1996, the Financial Activity Statement has been prepared in compliance with the following:

“Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2019/20 financial year the statement of financial activity will be presented by nature and type.

Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2019/20 financial year 10% and a value greater than $100,000 will be used for the reporting of variances.”

Consultation/Communication Implications This document has been prepared in consultation with Responsible Officers for review and analysis. Legislative Implications State This monthly financial report complies with Section 6.4 of the Act and Regulations 34(5) of the Local Government (Financial Management) Regulations 1996. Local Nil Policy Implications Local Finance Policy 2.1 Budget Preparation Finance Policy 2.2 Investment of Funds Finance Policy 2.7 Significant Accounting Policies



Financial Implications Nil Strategic Implications • Strategic Community Plan 2017-2027

Focus area: Strong leadership Objective: S5.2 Strong partnerships and relationships Strategy: S5.2.1 Built effective partnerships with stakeholders

Objective: S5.3 Accountable governance Strategy: S5.3.1 Good governance which supports efficient and effective service delivery

Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Council adopted the Annual Budget for the 2020/21 financial year on 29 July 2020 (Resolution280720). The figures in this report are compared to the Adopted Budget.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 091120 Moved Cr Osborn / Seconded Cr Ross That Council receives the Monthly Financial Reports for period ending 31 October 2020, as per Attachment 1.

CARRIED 6/0 7:47PM



CS03-11/20 Amendment to Schedule of Fees and Charges 2020/2021

Applicant Shire of Chittering File ref FIN - ANNUAL BUDGET 2020/21 Author Executive Manager Corporate Services Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Absolute Majority Attachments 1. Schedule of Fees & Charges Executive Summary Council is requested to adopt an amendment to the 2020-21 Fees and Charges. Background During the budget adoption process, the revised list of fees and charges for 2020-21 was adopted with no amendments other than those that were of a statutory nature. Additional cat registration fee During the grace period for registering cats and dogs in the Shire, it was determined that the charge for registering an additional cat has not been included in the schedule for 2020-21. The Cat Local Law 2015, cl3.2(a) stipulates that a permit is required to keep more than two cats on any premises in accordance with a valid permit; and cl3.2(f) stipulates that (the application for permit should be) accompanied by the application fee for the permit determined by the local government from time to time. As with the registration of an additional dog, the Shire has a fee associated with registering an additional cat. This has been omitted in the 2019-20 fees schedule, and resulted in another omission in the 2020-21 fees schedule. Advertising fee As part of our efforts to drive down costs, an opportunity was identified which would allow the production of our brochures to be co-funded by businesses promoted within the brochures. For this purpose, the Shire would like to include the following two fees: 1. Half page advertisement $200 2. Business listing $50 Consultation/Communication Implications Local Nil State Nil



Legislative Implications State • Local Government Act 1995

S6.2 Local government to prepare an annual budget (4) The annual budget is to incorporate—

….. (c) the fees and charges proposed to be imposed by the local government; and ….

Local • Cats Local Law 2015

Part 3 – Permits for keeping cats 3.2 Cats for which a permit is required (1) Subject to subclause (2) a person is required to have a permit

(a) to keep more than 2 cats on any premises in accordance with a valid permit; …….

Policy Implications State Nil Local Nil Financial Implications Minor financial implications. Those residents keeping more than two cats will pay the related registration fee, resulting in additional income to the Shire. Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications Minor economic implications. Those residents keeping more than two cats will pay the related registration fee. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal.



Officer Comment/Details Additional cat registration fee The current schedule of fees and charges includes a registration fee for registering an additional dog. This fee is set at $105. In the past, the fee for registering an additional cat was the same as for registering an additional dog. It is, therefore, recommended that a fee equal to that of registering an additional dog, be included in the schedule of fees and charges, to accommodate the registration of an additional cat. Advertising fee The Shire does not currently have a fee associated with advertising and promotion of businesses. The Shire would like to include two fees to enable the Shire to offset the cost of printing and producing brochures against fees charged for businesses to advertise or promote within. A half-page advertisement fee would be $200, and a business listing would be $50.

OFFICER RECOMMENDATION Moved Cr Ross / Seconded Cr Gibson That Council BY AN ABSOLUTE MAJORITY: 1. Pursuant to the provision of Sections 3.2 and 3.3 of the Cat Local Law 2015, adopts an amendment

to the Shire’s Schedule of Fees and Charges 2020/2021 to include the provision of a fee of $105 for registering an additional cat.

2. Include a fee of $200 for a half-page advertisement in the Shire brochure. 3. Include a fee of $50 for a business listing in the Shire brochure.

AMENDMENT Moved Cr Ross / Seconded Cr Hughes That the following point 4 be added to the Recommendation:

4. For non-profit community groups and organisations that the fees referred to in point 2 and point 3 be waived.


7:52PM

SUBSTANTIVE MOTION / COUNCIL RESOLUTION 101120 Moved Cr Ross / Seconded Cr Gibson That Council BY AN ABSOLUTE MAJORITY: 1. Pursuant to the provision of Sections 3.2 and 3.3 of the Cat Local Law 2015, adopts an amendment

to the Shire’s Schedule of Fees and Charges 2020/2021 to include the provision of a fee of $105 for registering an additional cat.

2. Include a fee of $200 for a half-page advertisement in the Shire brochure. 3. Include a fee of $50 for a business listing in the Shire brochure. 4. For non-profit community groups and organisations that the fees referred to in point 2 and point

3 be waived.

CARRIED 4/2 7:53PM



CHIEF EXECUTIVE OFFICER

CEO01-11/20 Appointments of Delegates to Committees, Advisory Groups and External Organisations

Applicant Shire of Chittering File ref 04/06/0001 Prepared by Executive Assistant Supervised by Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial or

Proximity Interests that requires disclosure Voting requirements Absolute Majority Attachments 1. Council Committees and Advisory Group Booklet Executive Summary With the resignation of the President and Deputy President, Council is requested to consider the appointment of representatives to various Council Committees and Advisory Groups and external committees/boards. Background The Local Government Act 1995 (the Act), Section 5.11 states that where a person is appointed as a member of a committee under Section 5.10 the persons membership continues until the next ordinary election day. Council establishes various committees and advisory groups to advise on specific matters within its authority. For the Shire of Chittering, Committees and Advisory Groups are not delegated a decision making power and are therefore limited to making recommendations to Council on matters for action. The Act regulates Committees of Council and requires that the appointment of representatives is to be determined by Council. The Shire applies this same process to the appointment of representatives to its Advisory Groups, although these groups are not required to comply with the Act. Council may also appoint representatives to external committees/boards when requests are received to do so. Following the 19 October 2019 Local Government Election, all positions on Committees and Advisory Groups are vacated:-

5.11. (1) “Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until— (d) the next ordinary elections day,…”

Council is now required to consider the appointment of representatives to its various Committees, Advisory Groups and external organisations. 1. West Australian Local Government Association (WALGA) Avon Midland Country Zone

WALGA Avon Midland Country Zone presents issues from the Shires of Chittering, Dalwallinu, Dandaragan, Gingin, Goomalling, Moora, Northam, Toodyay, Victoria Plains and York to WALGA State Council. Council appoints one Elected Member as delegate and one Elected Members as deputy delegate to the WALGA Avon Midland Country Zone. WALGA State Council is the voice of local government in Western Australia and advocates on behalf of the State’s local governments and negotiates services agreements for the sector. It is not a government department or agency. Sitting fees are not paid for Zone meetings, though Councillors do receive a meeting fee from the Shire.



WALGA State Council pays sitting fees of $3,300 per annum to State Councillors and $380.00 per meeting attended to the Deputy State Councillors for every meeting attended as the State Council delegate. Expenses are also reimbursed for State Councillors and Deputy State Councillors incurred whilst attending State Council meetings.

Consultation/Communication Implications Local Nil State Nil Legislative Implications State • Local Government Act 1995

"Establishment of committees: 5.8 A local government may establish* committees of 3 or more persons to assist the council and to

exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required.

5.9 Types of committees: (1) In this section:

“other person” means a person who is not a council member or an employee. (1) A committee is to comprise:

(a) council members only; (b) council members and employees; (c) council members, employees and other persons; (d) council members and other persons; (e) employees and other persons; or (f) other persons only.

5.10 Committee members, appointment of:- (1) A committee is to have as its members:

(a) persons appointed* by the local government to be members of the committee (other than those referred to in paragraph (b)); and

(b) persons who are appointed to be members of the committee under subsection (4) or (5). * Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.



(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish: (a) to be a member of the committee; or (b) that a representative of the CEO be a member of the committee, the local government is to appoint the CEO or the CEO's representative, as the case may be, to be a member of the committee.

5.11A Deputy committee members: (1) The local government may appoint* a person to be a deputy of a member of a committee and

may terminate such an appointment* at any time. * Absolute majority required.

(2) A person who is appointed as a deputy of a member of a committee is to be: (a) if the member of the committee is a council member – a council member; or (b) if the member of the committee is an employee – an employee; or (c) if the member of the committee is not a council member or an employee – a person who

is not a council member or an employee; or (d) if the member of the committee is a person appointed under section 5.10(5) – a person

nominated by the CEO. (3) A deputy of a member of a committee may perform the functions of the member when the

member is unable to do so by reason of illness, absence or other cause. (4) A deputy member of a committee, while acting as a member, has all the functions of and all the

protection given to a member. 5.11 Committee membership, tenure of:- (1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the

person's membership of the committee continues until: (a) the person no longer holds the office by virtue of which the person became a member, or

is no longer the CEO, or the CEO's representative, as the case may be; (b) the person resigns from membership of the committee; (c) the committee is disbanded; or (d) the next ordinary elections day, whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or

(5), the person's membership of the committee continues until: (a) the term of the person's appointment as a committee member expires; or (b) the local government removes the person from the office of committee member or the

office of committee member otherwise becomes vacant; or (c) the committee is disbanded; or (d) the next ordinary elections day, whichever happens first.”

Local Nil Policy Implications State Nil



Local • Elected Member Policy 4.3 Elected Members’ – Entitlements and Training

The objective of this policy is to provide a clear outline of entitlements available to Council Members under the Local Government Act 1995 (LG Act) and Local Government (Administration) Regulations 1996 (LG Regulations) and within the prescribed ranges set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time. In addition to those entitlements available to Council Members (Member/s) under legislation, the policy outlines “approved expenses” the Shire will reimburse to Members if incurred in their capacity as a Council Member. LG Regulations 32(1)(a) prescribes expenses that may be approved by a Local Government for reimbursement. The express authority of the Council is given to Council Members to perform the following functions to which an expense incurred can be reimbursed: a) attendance by an Elected Member at any working group meeting, ordinary or special briefing

session and Council forum, notice of which has been given by the Chief Executive Officer; b) attendance by an Elected Member at any meeting of anybody to which the Elected Member has

been appointed by the Council or to a secondary body as approved by the Chief Executive Officer;

c) attendance by an Elected Member at any annual or special electors’ meeting; d) attendance by an Elected Member at a Shire of Chittering civic function to which all Council

members are invited; e) attendance by an Elected Member at a citizenship ceremony conduct by the Shire; f) attendance by an Elected Member at any ceremony for the presentation by the Shire of awards

to school students by any member responsible for presentation of the awards; g) attendance by an Elected Member at any meeting of a ratepayer/residents association dealing

with the interests of an area represented by that Elected Member; h) attendance by an Elected Member at any site where:

i) the site is the subject of an item of business on an agenda for a Council briefing session or a Council meeting; and

ii) the attendance occurs between the issue of the agenda and the Council briefing session or the Council meeting.

i) attendance by an Elected Member at a meeting with the Chief Executive Officer or a Manager of the Shire at the request of the Chief Executive Officer or a Manager;

j) attendance by an Elected Member at a meeting with a ratepayer/resident or a local body or group to discuss any local government matter; and

k) attendance by an Elected Member at a funeral for those deceased persons recognised under the Shire of Chittering’s Bereavement Recognition Policy.

l) attendance by the Shire President at a meeting or function of anybody including any State Government body, in his or her capacity as the Shire President, including attendance by the Deputy Shire President or an Elected Member in place of the Shire President;

m) any other function, meeting or event in their role as an Elected Member that is supported by a written invitation.

Financial Implications Nil



Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Strong leadership Objective: S5.2 Strong partnerships and relationships Strategy: S5.2.1 Built effective partnerships with stakeholders


State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The establishment of Committees and Advisory Groups assists the Council to perform its legislative responsibilities and representation on externally based committees allows the Shire of Chittering to have input into various issues that face the local government industry. Where there are more nominations than vacancies for representation, a ballot will need to be conducted however Council has the discretion to amend the Terms of Reference for any Committee or Advisory Group should Council deem it appropriate to change the representation. There is no discretion to amend a terms of reference for external committees or boards.



OFFICER RECOMMENDATION / COUNCIL RESOLUTION 111120 Moved Cr Angus / Seconded Cr Ross That Council BY ABSOLUTE MAJORITY: 1. appoints the following elected members to committees, advisory groups and external

committees/boards in accordance with their Terms of Reference where applicable:- a. Chittering Local Emergency Management Committee (LEMC):

i. one delegate (President); and ii. one deputy delegate (Deputy President);

b. Chittering Bushfire Advisory Committee: i. one delegate (Cr Carmel Ross); and ii. one deputy delegate (Cr John Curtis);

c. Chittering Community Planning Advisory Group: i. one delegate (Cr Kylie Hughes); and ii. one deputy delegate (Cr Carmel Ross);

d. Chittering Community Support Funding Advisory Group: i. one delegate (Cr Kylie Hughes); and ii. one deputy delegate (Cr Carmel Ross);

e. Chittering Education Scholarship Advisory Group: i. one delegate (Cr Mary Angus); and ii. one deputy delegate (Cr John Curtis);

f. Chittering Mining Advisory Group: i. one delegate (Cr Kylie Hughes); and ii. one deputy delegate (Cr John Curtis);

g. Chittering Youth Krew: i. one delegate (Cr Mary Angus); and ii. one deputy delegate (Cr Kylie Hughes);

h. Chittering Health Advisory Group: i. one delegate (Cr Kylie Hughes); and ii. one deputy delegate (Cr John Curtis);

i. Chittering Tourism Advisory Group i. one delegate (Cr Carmel Ross); and ii. one deputy delegate (Cr John Curtis);

j. WALGA Avon Midland Country Zone: i. one delegate (President); and ii. one deputy delegate (Deputy President);

k. Bindoon and Districts Historical Society: i. two representatives (Cr John Curtis and Cr Mary Angus);

l. Chittering Valley Land Conservation District Committee (t/a Chittering Landcare Group): i. one delegate (Cr Kylie Hughes); and ii. one proxy (Cr John Curtis);

m. Ellen Brockman Integrated Catchment Committee: i. one delegate (Cr Kylie Hughes); and ii. one deputy delegate (Cr John Curtis);

n. Muchea Hall User Group: i. one representative (Cr Carmel Ross);

o. Northern Growth Alliance: i. one delegate (President); and ii. one deputy delegate (Deputy President);

p. Rural Water Council of WA (Inc): i. one delegate (Cr John Curtis); and ii. two deputy delegates (Cr Kylie Hughes and Cr Peter Osborn);

q. Wannamal Community Centre: i. two representatives (Cr Peter Osborn and Cr Carmel Ross); and



r. Wheatbelt North Regional Road Group: i. one delegate (Cr Peter Osborn); and ii. one deputy delegate (Cr Carmel Ross).

2. Appoints the following Elected Members to the relevant portfolios:

a. Community Development – Cr Mary Angus; b. Natural Environment – Cr Kylie Hughes; c. Built Environment – Cr John Curtis; d. Economic Development and Tourism – Cr Carmel Ross; and e. Governance – Cr Peter Osborn.

3. Deletes the Chittering Community Complex Advisory Group and the Chittering Tourist Association

from the Council Committees and Advisory Groups booklet.

CARRIED 6/0 7:56PM



CEO02-11/20 Register of Policies: Amendments

Applicant Shire of Chittering File ref 04/03/1 Prepared by Support Officer Governance Supervised by Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Register of Policies Timeline

2. Community Development Policy 6.1 – Australia Day Awards 3. Engineering, Construction and Maintenance Policy 7.5 – Road

Maintenance 4. Town Planning Policy 9.5 – Road Names

Executive Summary Council is requested to endorse the amendments to the Policy register as per attachments. Background At the Ordinary Meeting of Council held on 21 August 2019, Council resolved to “Requests the Chief Executive Officer to prepare a timeline for the review of Council Policies by the September Ordinary Meeting of Council.” Subsequently, at the Ordinary Meeting of Council held on 18 September 2019, Council resolved to “Receive the timeline to review the Register of Policies” (Attachment 1). Consultation/Communication Implications Local Council workshop held on 21 October 2020 State Nil Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil



Financial Implications Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Community Development Policy 6.1 – Australia Day Awards The Policy has been updated in line with operational use and how the event presently proceeds (Attachment 2). Engineering, Construction and Maintenance Policy 7.5 – Road Maintenance The Policy has been updated in line with operational maintenance activities (Attachment 3). Town Planning Policy 9.5 – Road Names Under the legislated delegated authority of the Minister for Lands, Landgate administers all official naming actions for Western Australia. The Geographic Names Committee provides recommendations to the Minister for Lands on naming matters for the state. Landgate provides a secretariat to administer the committee’s recommendations. The “Policies and Standards for Geographical Naming in Western Australia” stipulates that: “Local governments and other authorities are to ensure that all naming submissions conform to the policies and Standards for Geographical Naming in Western Australia document.” Accordingly, the Shire of Chittering policy has been updated to reflect these requirements. (Attachment 4).



OFFICER RECOMMENDATION / COUNCIL RESOLUTION 121120 Moved Cr Osborn / Seconded Cr Angus That Council: 1. Endorse the following amended policies and ensure that the numbering is updated accordingly:

a. Community Development Policy 6.1 – Australia Day Awards; b. Engineering, Construction and Maintenance Policy 7.5 – Road Maintenance; and c. Town Planning Policy 9.5 – Road Names.

2. Delete the following policies and ensure that the numbering is updated accordingly:

a. Engineering, Construction and Maintenance Policy 7.6 – Heavy Vehicle Access.

CARRIED 6/0 7:57PM



CEO03-11/20 Scheduling of the Ordinary Meetings of Council for 2021

Applicant Shire of Chittering File ref 13/02/38 Author Executive Assistant Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to adopt the schedule for the 2021 Ordinary Meetings of Council. Background The final Ordinary Meeting of Council for 2020 is scheduled for 9 December 2020. Following this meeting, Council traditionally commences recess, resuming in February in the new year. This report details the proposed schedule for the February to December 2021 Council Meeting dates for Council’s consideration. Consultation/Communication Implications Local Nil State Nil Legislative Implications State • Local Government Act 1995

5.3. Ordinary and special council meetings (1) A council is to hold ordinary meetings and may hold special meetings. (2) Ordinary meetings are to be held not more than 3 months apart. (3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that

failure. 5.25. Regulations about council and committee meetings and committees (1) Without limiting the generality of section 9.59, regulations may make provision in relation to—

(a) the matters to be dealt with at ordinary or at special meetings of councils; and (b) the functions of committees or types of committee; and (ba) the holding of council or committee meetings by telephone, video conference or other

electronic means; and (c) the procedure to be followed at, and in respect of, council or committee meetings; and (d) methods of voting at council or committee meetings; and (e) the circumstances and manner in which a decision made at a council or a committee

meeting may be revoked or changed (which may differ from the manner in which the decision was made); and

(f) the content and confirmation of minutes of council or committee meetings and the keeping and preserving of the minutes and any documents relating to meetings; and

(g) the giving of public notice of the date and agenda for council or committee meetings; and



(h) the exclusion from meetings of persons whose conduct is not conducive to the proper conduct of the meetings and the steps to be taken in the event of persons refusing to leave meetings; and

(i) the circumstances and time in which the unconfirmed minutes of council or committee meetings are to be made available for inspection by members of the public; and

(j) the circumstances and time in which notice papers and agenda relating to any council or committee meeting and reports and other documents which could be— (i) tabled at a council or committee meeting; or (ii) produced by the local government or a committee for presentation at a council or

committee meeting, are to be made available for inspection by members of the public.

(2) Regulations providing for meetings to be held by telephone, video conference or other electronic means may modify the application of this Act in relation to those meetings to the extent necessary or convenient to facilitate the holding of those meetings in that way.

• Local Government (Administration) Regulations 1996

12 Meetings, public notice of (Act 5.25(1)(g)) (1) At least once a year a local government is to give local public notice of the dates on which and

the time and pace at which (a) the ordinary council meetings; and (b) the committee meetings that are required under the Act to be open to members of the

public or that are proposed to be open to members of the public, are to be held in the next 12 months.

Local • Local Government (Council Meetings) Local Law 2014

3.1 Ordinary and special Council meetings (1) Ordinary and special Council meetings are dealt with in the Act. (2) An ordinary meeting of the Council, held on a monthly basis or otherwise determined by the

Council, is for the purpose of considering and dealing with the ordinary business of Council. (3) A special meeting of the Council is held for the purpose of considering and dealing with Council

business that is urgent, complex in nature, for a particular purpose or confidential. Policy Implications State Nil Local Nil Financial Implications Allocation has been made in the adopted 2020/21 annual budget for advertising in the Northern Valleys News to ensure compliance with legislation, and will be charged against 12140241.2101.




Focus area: Strong leadership Objective: S5.1 An engaged community Strategy: S5.1.1 Encouraged and promote community engagement Objective: S5.3 Accountable governance Strategy: S5.3.1 Good governance which supports efficient and effective service delivery

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details In determining meeting dates for 2021, consideration needs to be given to school and public holidays, and their impact on agenda distribution, meeting clashes, Councillors and the general publics’ ability to attend the scheduled meetings. The following timetable shows the relationship between school and public holidays, and the usual meeting cycle (i.e. the third Wednesday of the month, February – December).

Usual cycle meeting date Scheduled holidays (i.e. school and public holidays) Suggested meeting date

17 February 17 February 17 March Public holiday

Monday 1 March – Labour Day

17 March

21 April School break Friday 2 April until Sunday 18 April Schools return Monday 19 April Public holidays Friday 2 April – Good Friday Monday 5 April – Easter Monday Monday 26 April – ANZAC Day holiday

21 April

19 May 19 May



Usual cycle meeting date Scheduled holidays (i.e. school and public holidays) Suggested meeting date

16 June Public holiday Monday 7 June – Western Australia Day

16 June

21 July School break Saturday 3 July until Sunday 18 July Schools return Monday 19 July

21 July

18 August 18 August 15 September School break

Saturday 25 September until Sunday 10 October Schools return Monday 11 October

Public holiday Monday 27 September – Queen’s birthday

15 September

20 October Local government ordinary elections will be held on Saturday 16 October

20 October

17 November 17 November 15 December School break

Friday 17 December until Sunday 30 January 2022 Schools return Monday 31 January 2022 Public holidays Monday 27 December – Christmas holiday Tuesday 28 December – Boxing Day holiday To allow for Council resolutions to be implemented before the end of the year, it is suggested that December’s meeting be held a week earlier, i.e. Wednesday 8 December

15 December

Council is also requested to endorse the following dates for the Agenda Forums for the 2021 calendar year: (i) Wednesday 10 February; (ii) Wednesday 10 March; (iii) Wednesday 14 April; (iv) Wednesday 12 May; (v) Wednesday 9 June; (vi) Wednesday 14 July; (vii) Wednesday 11 August; (viii) Wednesday 8 September; (ix) Wednesday 13 October; (x) Wednesday 10 November; and (xi) Wednesday 8 December.



OFFICER RECOMMENDATION / COUNCIL RESOLUTION 131120 Moved Cr Ross / Seconded Cr Gibson That Council: 1. Endorses the following dates for the Ordinary Meetings of Council for the 2021 calendar year:

a. Wednesday 17 February; b. Wednesday 17 March; c. Wednesday 21 April; d. Wednesday 19 May; e. Wednesday 16 June; f. Wednesday 21 July; g. Wednesday 18 August; h. Wednesday 15 September; i. Wednesday 20 October; j. Wednesday 17 November; and k. Wednesday 15 December.

2. Endorses that the 2021 Ordinary Meetings of Council are to be held in the Council Chambers, 6177

Great Northern Highway, Bindoon, and are to commence at 7.00pm. 3. Endorses the following dates for the Agenda Forums of Council for the 2021 calendar year:

a. Wednesday 10 February; b. Wednesday 10 March; c. Wednesday 14 April; d. Wednesday 12 May; e. Wednesday 9 June; f. Wednesday 14 July; g. Wednesday 11 August; h. Wednesday 8 September; i. Wednesday 13 October; j. Wednesday 10 November; and k. Wednesday 8 December.

4. Endorses that the 2021 Agenda Forums of Council are to be held in the Council Chambers, 6177

Great Northern Highway, Bindoon, and are to commence at 6.00pm. 5. Approves the advertising of the 2021 Ordinary Council and Agenda Forum dates in accordance

with the Local Government (Administration) Regulations 1996.

CARRIED 6/0 7:59PM



CEO04-11/20 Chittering Mining Advisory Group

Applicant Shire of Chittering File ref 02/08/3 Author Executive Assistant Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to receive the notes from the Chittering Mining Advisory Group meeting that was held on Monday 19 October 2020. Background Cr Kylie Hughes (Delegate) requested the Chittering Mining Advisory Group (CMAG) meet to discuss VRX Silica. The CMAG met on Monday 19 October, and the notes from that meeting are listed under ‘Officer Comments/Details’. Consultation/Communication Implications Local Chittering Mining Advisory Group State Nil Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil Financial Implications Nil




Focus area: Our natural environment Objective: S2.1 A protected environment Strategy: S2.1.1 Ensure the protection of our natural biodiversity Focus area: Strong leadership Objective: S5.1 An engaged community Strategy: S5.1.1 Encourage and promote community engagement


State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details The objectives of the CMAG are: (a) To advise Council on all matters concerning mining applications pertaining to the Shire of Chittering in

a neutral format. (b) To facilitate community consultation while at all times providing an impartial forum for all interested

parties. (c) To advise Council on mining applications with special reference to the prohibition on "Industry Mining"

contained within Local Planning Scheme 6. (d) To facilitate community consultation on all pertinent matters while providing an impartial forum for all

interested parties. This report is presented to Council for them to read the notes from the CMAG meeting held on 19 October 2020. The members present expressed their concerns regarding the recent mining application by VRX Silica at their Muchea Silica Sands Project (see Image 1: Locality Plan).



IMAGE 1: LOCALITY PLAN

During the meeting the Group discussed the following: 1. What is the process/outcome to be achieved? 2. When was the Gingin Water Resource gazetted? 3. Is the Shire putting in a formal objection? The Executive Manager Development Services advised that

the Shire would not be lodging an objection to the mining lease. 4. In the LPS Figure 7 Biodiversity Map, the application is inside the Carnaby buffer and identified as

Banksia Woodland. 5. Any stakeholder can express a full review. Rosanna Hindmarsh advised that the review has to be done

by the Commonwealth and is half-way through Parliament. 6. The proponent will be given the opportunity to offset, even if the environmental assessment comes

back negative. 7. If sensitive fauna is found, they will have to do a two year study. 8. Area is zoned Crown Water Reserve – there are nine aquifers well below the location. This project is

not likely to take water. 9. Silica in the eastern states had local impact on health, within 4kms which was due to lack of dust

control. 10. Lobbying through a submission to put pressure on the proponent – endangered species on that

property that you cannot offset to another location. 11. Location in zoned water reserve in the LPS – need to ensure a proper environmental review and

community engagement. 12. Activity is not going to create a visual amenity – there is no heavy machinery involved. 13. Activity does not have any flaws that the EPA is going to ‘jump on’.



14. Main grounds – impact on fauna and flora. 15. Discussion on the Chalice Gold activity on private farmland and Julimar State Forest.

a. Marsupial breeding programme - Chuditch, Tamar Wallaby, Woylies, black cockatoo b. Traffic will come through Chittering, i.e. Blue Plains Road

16. Adding land use clauses into the Shire’s planning scheme. During the meeting the Group actioned the following items: 1. The Shire to ask for an environmental review to be fully referred (water and environment). 2. The Shire to contact the Department of Water regarding the Gnangara Mound. The CMAG does not have any delegated authority, and is only able to recommend any decisions for Council’s consideration. As there were no recommendations presented at the meeting, the role of Council is Advocative (i.e. when council advocates on its own behalf, or on behalf of its local community, to another agency, body, organisation or level of government).

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 141120 Moved Cr Hughes / Seconded Cr Ross That Council receives the notes from the Chittering Mining Advisory Group meeting held on 19 October 2020, as contained within this report.

CARRIED 6/0 7:59PM



CEO05-11/20 Wear Ya Wellies EOI Outcome

Applicant Immaculate Heart College Parents and Friends Association File ref 26/01/7 Author Community Development Officer Authorising Officer Community Development Coordinator Disclosure of interest Author is a member of the Applicant group Voting requirements Simple Majority Attachments 1. IHC P&F Expression of Interest and Sample MOU Executive Summary Council is requested to receive the Expression of Interest submitted by the Immaculate Heart College Parents and Friends Association (IHC P&F). Council is also requested to instruct the Community Development Officer to create a Memorandum of Understanding (MOU) between the Shire of Chittering and the Immaculate Heart College Parents and Friends Association, whereby the IHC P&F will take control of the facilitation of the Wear Ya Wellies event from 2022 onwards, with the following provisions: 1. Shire officer support for the 2022 and 2023 events, with an additional 6 hours per week allocated to

Community Development from January to May in 2022 and 2023. 2. Council financial support limited to funding sourced through the Community Assistance Grants and

Sponsorship Funding Scheme. 3. Council in kind contribution of works to create the mud areas and mow/slash the event site, where it

falls on Shire land or reserves. 4. Should the IHC P&F be unable to facilitate the event for the extent of the MOU, the event facilitation

will return the Shire of Chittering, and a decision will be made at that time as to its continuation. Background At the Ordinary Meeting of Council held on 17 June 2020, Council made the decision that the 2021 Wear Ya Wellies event will be the last in its current format, and Council directed the Community Development Officer to: 1. Advertise for Expressions of Interest from community groups to take over the running of the event,

with a progressive handover of the event to take place over three events commencing with the 2021 event; and

2. Should no group express an interest in running the event, continue to run the event with the following objectives: a. Becoming a profitable event; b. Raising awareness of the Shire of Chittering as a place for families to visit.

3. Conduct a review of the event after the 2024 Wear Ya Wellies. Expressions of interest were advertised in August and closed on 25 September 2020. The submission from IHC P&F was the only one received. The IHC P&F are perfectly placed to run this family event as the college is adjacent to the Shire land that has been identified as the location for the 2021 event. There is water available for the creation of mud areas, and the College’s facilities would be available for use at the event. The IHC P&F have for the last three years run the markets and entertainment at the Chittering Car Day and therefore have experience in running an event of substantial size. This event is facilitated in collaboration with the Chittering Veteran Car Club.



Consultation/Communication Implications Local The Expression of Interest was communicated to all community groups in Chittering and also on the Shire’s Facebook Page. State Nil Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications Nil Site Inspection Not Applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal.



Officer Comment/Details Wear Ya Wellies is perfectly placed to be run by a parent association in Chittering, as it provides a fundraising opportunity, and members would have knowledge and practices that align with the ethos of the event. Additional Shire staff hours of at least six hours per week, from January to June, would be required to assist with the facilitation of the 2022 and 2023 event. This is because the 2021 Shire run event (which the group would have assisted with) is no longer being held due to COVID-19 restrictions.

OFFICER RECOMMENDATION Moved Cr Ross / Seconded Cr Angus Council instructs the Community Development Officer to prepare a Memorandum of Understanding (MOU) between the Shire of Chittering and the Immaculate Heart College Parents and Friends Association (IHC P&F), whereby the IHC P&F will take control of the facilitation of the Wear Ya Wellies event from 2022 onwards, with the following provisions: 1. Shire officer support for the 2022 and 2023 events, with an additional six hours per week allocated

to Community Development staff from January to May in 2022 and 2023. 2. Council financial support limited to funding sourced through the Community Assistance Grants and

Sponsorship Funding Scheme. 3. Council in-kind contribution of works to create the mud areas and mow/slash the event site, where

it falls on Shire land or reserves. 4. Should the IHC P&F be unable to facilitate the event for the extent of the MOU, the event facilitation

will return the Shire of Chittering, at which time a decision will be made as to its continuation. 5. A review will be undertaken of the MOU in the six months after the 2023 event.

AMENDMENT Moved Cr Gibson / Seconded Cr Angus That the following point 6 be added to the Recommendation:

6. That the draft MOU is brought back to Council for approval.


8:12PM



SUBSTANTIVE MOTION / COUNCIL RESOLUTION 151120 Moved Cr Ross / Seconded Cr Angus Council instructs the Community Development Officer to prepare a Memorandum of Understanding (MOU) between the Shire of Chittering and the Immaculate Heart College Parents and Friends Association (IHC P&F), whereby the IHC P&F will take control of the facilitation of the Wear Ya Wellies event from 2022 onwards, with the following provisions: 1. Shire officer support for the 2022 and 2023 events, with an additional six hours per week

allocated to Community Development staff from January to May in 2022 and 2023. 2. Council financial support limited to funding sourced through the Community Assistance Grants

and Sponsorship Funding Scheme. 3. Council in-kind contribution of works to create the mud areas and mow/slash the event site,

where it falls on Shire land or reserves. 4. Should the IHC P&F be unable to facilitate the event for the extent of the MOU, the event

facilitation will return the Shire of Chittering, at which time a decision will be made as to its continuation.

5. A review will be undertaken of the MOU in the six months after the 2023 event. 6. That the draft MOU is brought back to Council for approval.

CARRIED 6/0 8:12PM



CEO06-11/20 Community Assistance Grants and Sponsorship Funding – Round 2, 2020

Applicant Shire of Chittering File ref 15/01/7 Author Community Development Officer Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple majority Attachments Nil Executive Summary Council are requested to note the allocation of funding for the second round of the 2020 Community Assistance Grants and Sponsorship Funding. Applicants have been notified of the outcome of their applications. Background Each financial year Council invites community-based, not-for-profit organisations in the Shire of Chittering to submit Community Assistance Grant / Sponsorship / Support Applications to Council for consideration in the annual budget. “Community Assistance Grants” refers to funding towards infrastructure and equipment. Examples of this type of funding are uniforms or play equipment. “Sponsorships” refers to funding towards events, projects (annual or one off) Examples of this type of funding are the Bindoon Rodeo or Veteran/Historic Car Days. Shire Staff works for setting up events should be included in your application, but does not form part of your Cash contribution. Funding for annual Christmas and Australia Day Functions will be released in September. “Support” refers to Community Bus use and Photocopying/Printing/Works. For example, this type of funding can be used towards Seniors Day Trips, Museum Flyers. Works for events should be included in your event sponsorship application. Consultation/Communication Implications Local All community groups were sent an email notifying them of the opening and closing dates, and guidelines for the grants. State Nil Legislative Implications State Nil Local Nil



Policy Implications State Nil Local Community Development Policy 6.4 Community Assistance Grants Scheme Financial Implications Nil. There is an allocation in the 2020/21 Annual Budget set aside for the Community Assistance Grants. Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Our community Objective: S1.1 An active and supportive community Strategy: S1.1.2 Develop and enhance existing recreation and social facilities for local

communities

Objective: S1.2 Strong sense of community Strategy: S1.2.1 Actively support community, volunteer groups and networks

State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications By supporting local community groups, we are creating investment in our facilities, thus reducing the financial impact on Council in regard to upgrades of facilities. Social implications Investment in local community groups, helps them to maintain services and activities, strengthening the social capital in our communities. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details An amount of $45,000 has been allocated to Community Assistance Grants and Sponsorship Funding in the 2020/2021 Adopted budget. An additional $7,750 has been allocated for Sponsored Community Bus Use. After the first round of funding, an amount of $32,184 was remaining for round 2.



The Community Assistance Grants Funding group met on Thursday 29 October and the following funding was allocated to community groups:

Community Bus (vote: 3/0) Total Round 2 - $500 CWA Bindoon Belles $500 TOTAL COMMUNITY BUS FUNDING $7,750 ROUND 2 Community Bus Funding $2,700 Remaining Community Bus Funding $2,200 Photocopying / Printing /Works Total - $0 N/A $0 Remaining Photocopying / Works $2,000 Events/Program Sponsorship (vote: 3/0) Total - $3,390 CWA Bindoon Belles International Women’s Day $440 CWA Bindoon Belles All Ages Disco (April) $450 Bindoon & Districts Bowling Club Men’s Fours, Ladies Gala Day $1,000 BEAT

New Year’s Eve Concert $1,500

Community Grants (vote: 3/0) Total - $1,940 Gingin Aquatic Club Locked Storage & Swim Equipment $1,440 Brockman Precinct Users Flags $500 Community Christmas Parties (vote: 3/0) Total - $1,500 Bindoon Netball Association Santa on the Green $500 Lower Chittering Volunteer BFB Lower Chittering Christmas Tree $500 Wannamal Community Centre Wannamal Christmas Tree $500 Australia Day (vote: 3/0) Total - $1,950 Wannamal Community Centre Long Table Dinner $950 Chittering Valley PSA

Australia Day Breakfast $1,000

AVAILABLE FUNDING FOR ROUND 2 $32,184 TOTAL ROUND 2 EXPENDITURE $8,780 TOTAL REMAINING FUNDING $23,404

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 161120 Moved Cr Ross / Seconded Cr Angus That Council note the Round 2 allocations of funding as contained within report ‘CEO06-1120 Community Assistance Grants and Sponsorship Funding – Round 2, 2020’.

CARRIED 6/0 8:14PM



CEO07-11/20 Joint Venture Housing Arrangements

Applicant Shire of Chittering File ref 04/18/26; 04/18/42 Author Chief Executive Officer Authorising Officer N/A Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Financial Report Executive Summary Council is requested to approve the commencement of an investigation into determining the ability of the Shire to cease the current Joint Venture Agreement’s. This will allow funds currently used on supporting the units to be directed to other areas. Background The Shire currently holds three Joint Venture Agreements with Homeswest (now called “Housing Authority”) for the provision of Seniors and Community Housing. In total, there are 14 houses provided by the shire for senior and community accommodation. These houses are situated on two lots, Lot 123 Edmonds Place and Lot 1023 Edmonds Place. IMAGE 1: Location map



The Agreements have a life of 25 years, with the first agreement due to end on 21 January 2022. This first Agreement is in relation to four units (senior) located on Lot 1023 Edmonds Place, Bindoon. At the expiration of the Agreement, the Shire has the following options: a) To enter into a new joint venture agreement between the parties on new terms and conditions with a

view to continuing the Project; b) To extend the Term of the existing Agreement for a further period as agreed between the parties; c) To assign or transfer the Organisation’s Interest in the Joint Venture Property to another organisation

or party which agrees to be bound by al the terms and conditions of this agreement for a new term or is willing to negotiate a new Joint Venture Agreement with Homeswest;

d) The Organisation to buy out Homeswest’s equitable Interest in the Joint Venture at its Current Market Value;

e) Homeswest to purchase the Organisation’s equitable Interests in the Joint Venture Property at its Current Market Value, and thereby transfer proprietorship of the Land to Homeswest;

f) To sell the Joint Venture Property at its Current Market Value and divide the proceeds of the sale between the Parties based on each Party’s percentage equitable Interest in the Joint Venture as identified in Item 3 of the Schedule.

Agreement between the parties to the Joint Venture agreement must agree on how to the course of action at least six months before but not more than 18 months earlier than the end of the agreement. This agreement period is between 21 July 2020 and 21 July 2021. The first agreement covers four seniors units. The total project cost was $377,078 with the Shire contributing $101,128 and Homeswest $275,950. This leaves the Equitable Interests in the Joint Venture at 27% for the Shire and 73% for Homeswest. Joint Venture agreements have been used by many shire’s in the past to provide additional housing stock and homes for those in need. Under Joint Venture agreements, the rents are capped using the same rules as Homewest/Department of Housing. This creates a situation whereby it costs the Shire more to run the units than is received in income. Over the past three years, the average cash cost to the Shire has been $92,436.88 per annum. Consultation/Communication Implications Local Nil State Nil Legislative Implications Local Nil State Nil Policy Implications Local Nil State Nil



Financial Implications Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications Directing funding away from providing existing housing for a limited number of persons to new projects will help to build the economy in the Shire of Chittering. Social implications This could result in a decrease of social housing provided by the Shire, however under the Joint Venture Agreement another party will continue to supply the housing on the same terms. Funding could then be directed towards other projects with a positive social outcome. Environmental implications There is no significant economic implication associated with this proposal. Officer Comment/Details While the Shire is often criticised for doing nothing in regards to aged care, it has for some time been providing aged care accommodation to those that cannot otherwise afford it at a cost to the Shire. By exiting out of the Joint Venture Agreement, the Shire could then utilise the funds currently used to provide 14 seniors and community units into growing the number of suitable independent living units available within the shire or to fund other projects that have a greater social or economic benefit. The major difficulty in doing this, will be finding a way in which to extricate the Shire from the Joint Venture agreement for the eight units located on Lot 1023 Edmonds Place, Bindoon. Due to the units being co-located on land with other Shire facilities and the need to meet relevant regulations such as those in relation to sewerage it may not be as simple or easy process as merely subdividing off the portion of land on which the units are located. Due to the timeframe before the end of the Joint Venture agreement, it is necessary to commence investigating solutions now before a decision is required to be made on the future of the Joint Venture agreement.



OFFICER RECOMMENDATION / COUNCIL RESOLUTION 171120 Moved Cr Osborn / Seconded Cr Gibson That Council direct the Chief Executive Officer to: 1. Investigate options of how to cease being the provider of Joint Venture accommodation. 2. Present to Council the outcome of the investigation. 3. Include in the report a summary of other issues not yet encountered.

CARRIED 6/0 8:17PM



CEO08-11/20 Bindoon Townsite Master Plan

Applicant Shire of Chittering File ref 03/01/2 Author Community Development Coordinator Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Bindoon Townsite Master Plan – workshop notes

2. Stakeholder consolidated Bindoon Townsite Master Plan Map 3. Bindoon Townsite Master Plan – identified projects

Executive Summary Council is requested to receive the Bindoon Master Plan forum notes and consolidated map for consideration and, as the basis for the formation of a draft Master Plan for the Bindoon Townsite. Background The need for a Bindoon Townsite Master Plan has been highlighted by Council as a priority through the following Council resolution:

9.4.8 FORESHADOWED MOTION / COUNCIL RESOLUTION 150720 Moved Cr Osborn / Seconded Cr Ross That Council directs the Chief Executive Officer to: 1. Facilitate the preparation of an independent, comprehensive Feasibility Study to include all

options available for providing aged and disability care in Chittering. 2. Funding for the study is covered by the budget allocation to Council Reserves for this purpose. 3. Complete the Bindoon Master Plan as a matter of urgency taking into account the potential need

to allocate an area of land for Aged and Disability Care. 4. Carry out community consultation to assess the potential demand from Chittering Shire and

surrounds for an aged and disability care facility and what form it is believed it should be delivered.

CARRED 7/0 7:49PM

Consultation/Communication Implications Local Shire offices commenced the development of a draft master plan by inviting representatives from Bindoon businesses, community groups and facility managers to attend a master planning workshop on Wednesday 7 October 2020 (refer to Attachment 1 for full list of invitees and attendees). In preparation for this meeting, invitees were asked to consider the following and have their input prepared for the meeting:

Community Organisations / Clubs • What is it that you need (i.e. event space, redeveloped or increased space for

organisational growth etc.?) • What area would this require ( i.e. if it’s to run an event what size area do you need, if its

more multipurpose courts what size area do you need etc.) • What associated infrastructure would you need (i.e. water, power, car parking, sheds,

arena etc.) • Any other special requirements that you may need that the Shire is not aware of • Identify opportunities for co-location or shared use.



Local businesses and the Bindoon Primary School were asked to consider how we could keep them informed of the process and enable their input to the plan. Participants were provided the following agenda for the session: 1. In the large group please outline your organisation’s requirements and desires

• Using available resources, show us what you need on the maps provided • Outline what this might incorporate

2. Groups split into smaller groups and develop your group concept of what the Masterplan would look like.

3. Present to the broader group on what you think is ideal for the community 4. Do we have rough consensus? No, let’s break out and explore ideas further 5. Let’s put a group plan together Those unable to attend on the night were provided an opportunity to submit their feedback on the provided outcomes of the session and provide input prior to 20 October 2020. No submissions were received. The outcomes of the community forum have been collated in the attached Bindoon Townsite Master Plan – workshop notes and consolidated map (Attachments 1 and 2), highlighting attendee’s priorities and the proposed positioning of these within the Bindoon townsite. A Bindoon community forum held at Clune Park, Bindoon on Friday 6 November 2020 attracted 10 community members who were asked to consider the Bindoon Townsite map and tell the Shire “What’s important to you?”, and “What do you need?”. The following responses were received: • Develop the Brockman River Precinct – utilising Lake Needoonga as a tourist attraction, including

boardwalks along the Needoonga Trail • Clune Park dog friendly • Connect Clune Park to BMX track • Connect dual use paths with townsite and residential areas including the old Country Club Estate and

Gray Road area • Painted murals on buildings and tanks • Safe crossing point for pedestrians and cyclists across the Highway State Not applicable Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil



Financial Implications Nil. There is an allocation in the 2020/21 Annual Budget set aside to develop the Bindoon Townsite Master Plan. Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Our community Objective: S1.1 An active and supportive community Strategy: S1.1.1 Strengthen aged, youth and children service access through partnerships

and advocacy Strategy: S1.1.2 Develop and enhance existing recreation and social facilities for local

communities

Objective: S1.2 Strong sense of community Strategy: S1.2.3 Activate our local centres and towns Focus area: A protected environment Objective: S2.1 Protective environment Strategy: S2.1.2 Develop an integrated network of walking and cycling trails Strategy: S2.1.3 Explore opportunities for other eco based recreational activities Strategy: S2.1.4 Support eco-tourism Focus area: Development of local hubs Objective S3.1 Development of local hubs Strategy: S3.1.1 Plan for new and enhanced community facilities Community facilities which

meet the needs of the community Strategy: S3.1.2 Activate local town centres to ensure a good mix of residential, commercial

and social infrastructure Strategy: S3.1.3 Plan for and facilitate housing choice Strategy: S3.1.4 Balance urban development with a focus on natural environment protection

and open spaces

Objective: S3.2 Safe access Strategy: S3.2.2 Improve pedestrian and cycle access Focus Area: Economic growth Objective: S4.3 Increased visitors Strategy: S4.3.1 Support and promote accommodation options Focus area: An engaged community Objective: S5.1 An engaged community Strategy: S5.1.1 Encouraged and promote community engagement

State Nil Site Inspection Not applicable



Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 181120 Moved Cr Ross / Seconded Cr Osborn That Council: 1. Receive the attached Bindoon Townsite Master Plan forum notes (Attachment 1) and

consolidated map (Attachment 2) as the basis for the formation of the Bindoon Townsite Master Plan.

2. Instruct the Chief Executive Officer to publish for a period of 14 days for public consultation the

‘draft’ Bindoon Townsite Master Plan, on the Shire’s website and Facebook ‘Have your Say’ pages. 3. Be presented at the Ordinary Meeting of Council scheduled 9 December 2020 for any community

feedback received for consideration prior to endorsement of the final Bindoon Townsite Master Plan.

CARRIED 5/1 8:22PM



CEO09-11/20 Land for Aged and Disability Accommodation

Applicant Shire of Chittering File ref N202564; N202636; N202630; A10447 Author Chief Executive Officer Authorising Officer N/A Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to reserve the northern 25% of Lot 215 Great Northern Highway, Bindoon for the purpose of aged and disability accommodation. Background At the July 2020 Ordinary Meeting of Council, the direction of Aged Care in the Shire of Chittering was discussed and the following Council Resolution was made.

9.4.8 FORESHADOWED MOTION / COUNCIL RESOLUTION 150720 Moved Cr Osborn / Seconded Cr Ross That Council directs the Chief Executive Officer to: 1. Facilitate the preparation of an independent, comprehensive Feasibility Study to include all

options available for providing aged and disability care in Chittering. 2. Funding for the study is covered by the budget allocation to Council Reserves for this purpose. 3. Complete the Bindoon Master Plan as a matter of urgency taking into account the potential

need to allocate an area of land for Aged and Disability Care. 4. Carry out community consultation to assess the potential demand from Chittering Shire and

surrounds for an aged and disability care facility and what form it is believed it should be delivered.

CARRIED 7/0 7:49PM

In the 2020/2021 Annual Financial Budget there was an allocation made for the completion of a comprehensive Feasibility Study to include all options available for providing aged and disability care in Chittering. The Bindoon Townsite Masterplan has been proceeding and the outcomes of the Community Consultation and draft Bindoon Townsite Masterplan and being put to Council at the November Ordinary Meeting of Council. At the October 2020 Ordinary Meeting of Council, the following Council Resolution was made:

NOTICE OF MOTION / COUNCIL RESOLUTION 201020 Moved Cr Gibson / Seconded Cr Curtis That Council resolve to identify and reserve land for aged and disability accommodation by the November Ordinary Council Meeting.

CARRIED 4/3 9:08PM

At the time of writing the agenda item, no Resolution had been made by Council to identify and reserve land for aged and disability accommodation.



Consultation/Communication Implications Local • Aged Care Forum including Chittering Residents and Ratepayers Association, Alan Barnes, Bill Nobes

and the Chittering Health Advisory Group • Bindoon Masterplan Forum including the Chittering Residents and Ratepayers Association and Bindoon

Retirees • Cr Donald Gibson State Nil Legislative Implications State Nil Local Nil Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications Local • Strategic Community Plan 2017-2027

Focus area: Our Built Environment Objective: S3.1 Development of local hubs Strategy: S3.1.3 Plan for and facilitate housing choice

State Nil Site Inspection Yes Triple Bottom Line Assessment Economic implications The provision of Aged and Disability Housing will lead to some indirect economic benefits. Social implications The provision of Aged and Disability Housing will lead to social benefits to residents and the community by keeping aged residents in the community for longer periods of time.



Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Though the finalisation of the Bindoon Townsite Masterplan and the Aged Care Feasibility Study have not been finalised, based on the consultation undertaken thus far it is recommended that Council reserve the northern 25% of Lot 215 Great Northern Highway, Bindoon for the purpose of aged and disability accommodation. IMAGE 1: Location map

The two questions over the allocation of land has been where should the land be and what type of accommodation should be built. Over the consultation of the Bindoon Masterplan and at the Aged Care Forum, it became apparent that the land should be close to the rest of the community to ensure that residents can remain an active part of the community. This leads to both benefits to residents in quality of life and to the community in keeping experienced and active members of the community close to the community. The possibility of building units in clusters that are placed throughout the townsite was also raised as this further integrates residents with the rest of the community. The form of accommodation has also become apparent. The Chittering Residents and Ratepayers Association, who had been working on developing Residential Aged Accommodation in the Bindoon Townsite, have stated that due to the Royal Commission and COVID-19 scenario, it is too early to decide on the form of the Residential Aged Accommodation and therefore the land requirement. Cr Donald Gibson, the Bindoon Retirees and CWA have all been vocal regarding the need for Independent Living Units to allow current residents to downsize once their larger properties have become too hard to maintain.



The inability to provide offsite sewerage due to the regulations and cost of a system has long stymied the construction of aged and disability accommodation in Bindoon. By reserving the piece of land suggested by the Chief Executive Officer, it will allow for multiple units to be built in a cluster design that will offer residents smaller properties to maintain, utilise the larger lot area to allow onsite sewerage for multiple properties, be designed for the future implementation of the Bindoon Townsite Masterplan and allow for future expansion of the cluster should offsite sewerage become available. It will also allow for some of the current need to be met before a longer term solution is found or without taking a large risk that may not succeed. Further investigation is required to ensure that the aims can be achieved as the compressed timeframe has not allowed for a full investigation of the proposal. With the Chief Executive Officer having been involved in the Central East Aged Care Alliance, 4WDL Well-Aged Unit Project and also knowledgeable in other cluster projects such as the Cunderdin Aged Care Units, there is a base of knowledge about the future requirements to move this project forwards.

OFFICER RECOMMENDATION Moved Cr Angus / Seconded Cr Ross That Council: 1. In-principle, reserve the northern 25% of Lot 215 Great Northern Highway, Bindoon for the purpose

of aged and disability accommodation, with the outcomes of the Aged Care Feasibility Study to determine the final site or sites to reserve.

2. Instruct the Chief Executive Officer to commence the development of a project outline for an Aged and Disability Independent Living Unit Cluster on the reserved portion of land.

3. Identify potential locations in other localities of the shire that would be suitable for Aged and Disability Independent Living Unit Clusters.

AMENDMENT Moved Cr Ross / Seconded Cr Hughes That the following point 4 be added to the Recommendation:

4. Instruct the Chief Executive Officer to begin the development of a policy relating to the eligibility criteria relating to tenants residing in the units, in relation to setting of rent for the tenants.


8:27PM

Cr Gibson FORESHADOWED the following Motion in the event that the Substantive Motion was lost:

That Council resolve to confirm that the 10 acres of land previously subdivided for aged housing on the old golf course is allocated for aged and disability housing.

Cr Gibson provided the following reasons:



SUBSTANTIVE MOTION / COUNCIL RESOLUTION 191120 Moved Cr Angus / Seconded Cr Ross That Council: 1. In-principle, reserve the northern 25% of Lot 215 Great Northern Highway, Bindoon for the

purpose of aged and disability accommodation, with the outcomes of the Aged Care Feasibility Study to determine the final site or sites to reserve.

2. Instruct the Chief Executive Officer to commence the development of a project outline for an

Aged and Disability Independent Living Unit Cluster on the reserved portion of land. 3. Identify potential locations in other localities of the shire that would be suitable for Aged and

Disability Independent Living Unit Clusters. 4. Instruct the Chief Executive Officer to begin the development of a policy relating to the eligibility

criteria relating to tenants residing in the units, in relation to setting of rent for the tenants.

CARRIED 4/2 8:31PM



CEO10-11/20 Rental on Commercial Buildings

Applicant Shire of Chittering File ref 13/02/37; N192441 Author Executive Assistant Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Executive Summary Council is requested to receive the findings as contained within the officer’s report. Background At the Ordinary Meeting of Council held on 19 December 2019, Cr Gibson tabled the following Notice of Motion:

PROPOSED MOTION That Council requires tenants of Shire owned commercial buildings to pay commercial rent, premises include the old Bakery, Post Office and old Medical Centre to partly offset the ongoing cost of maintenance on these properties.

At this meeting, the Chief Executive Officer informed Council that leases (including rental amounts) are dealt with by Council at the time of approving the lease. A decision of this nature will have nil effect. Accordingly, Cr Osborn proposed an alternative motion which was resolved by Council that the item .... “be laid on the table to ensure that members can be fully informed by the Chief Executive Officer of all details of the present arrangements …” During February 2020, the Chief Executive Officer conducted an internal workshop with Council. This report is being presented back to Council as there is an original motion that is still sitting on the table. Consultation/Communication Implications Local Council workshop held during February 2020 regarding the facilities review including rents. State Nil Legislative Implications State Nil Local Nil



Policy Implications State Nil Local Nil Financial Implications Nil Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details There are three properties that are leased to four commercial enterprises, they are: 1. A11630 – Chittering Health Centre , 6 Woolah Rise, Bindoon;

(i) WA Country Health; and (ii) Jupiter Medical Centre.

2. A9531 – 21 Binda Place, Bindoon; 3. A1627 – 29 Binda Place, Bindoon. The lease arrangements and rental received on these properties is explained in the following table:

Property details Leased by Lease terms Rental charge

A11630 WA Country Health Lease initially for five years, expires on 30 September 2020. Term has been extended a further five years, expiring on 30 September 2025.

Tenant is responsible for all outgoings, which includes utilities and rubbish collection.

$27,456 plus GST

Market reviews undertaken every five years on anniversary of commencement date.

CPI reviews undertaken upon each anniversary of the commencement date.



Property details Leased by Lease terms Rental charge

A11630 Jupiter Medical Centre

Lease initially for a five year period, expires on 31 August 2020. Term has been extended a further five years, expiring on 31 August 2025.

Tenant is responsible for all outgoings, which includes rates and utilities.

$11,880pa plus GST

CPI reviews undertaken upon each anniversary of the commencement date.

A9531 Minister for Works Lease initially for a four year period, expires 30 September 2021, with the first option to extend the lease commencing on 1 October 2021 and expiring on 30 September 2025.

Tenant is responsible for all outgoings, which includes rates and utilities.

$15,723.36pa, plus GST CPI review dates: • 1 October 2018 • 1 October 2019 • 1 October 2020

A1627 Patricia Murrell Lease for a five year period, expires 31 May 2022, with first option to extend the lease commencing on 1 June 2022 and expiring on 22 July 2026.

Tenant is responsible for utilities and excess rubbish and waste disposal not covered by rates.

$1,200pm ($14,400pa), inc GST

Rent is reviewed on the anniversary of commencement date, i.e. 1 June 2017.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 201120 Moved Cr Angus / Seconded Cr Osborn That Council receives the findings as contained within report ‘CEO11-11/20 Rental on Commercial Buildings’.

CARRIED 4/2 8:36PM



ITEM 10. REPORTS OF COMMITTEES

COM01-11/20 Chittering Bush Fire Advisory Committee: Scheduling of 2021 Meeting Dates

Applicant Shire of Chittering File ref 09/02/4 Author Development Services Support Officer Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. CBFAC ‘Unconfirmed’ Meeting Minutes 13 October 2020 Executive Summary Council is requested to endorse the Chittering Bushfire Advisory Committee meeting dates for the 2021 calendar year. Background The Chittering Bushfire Advisory Committee (CBFAC) met on 13 October 2020 and during the meeting the 2021 meeting dates and format for the Committee were carried:

7.1 COMMITTEE RECOMMENDATION Moved Peter Hall / Seconded David Wilson That: 1. The Chittering Bush Fire Advisory Committee meeting dates for 2021 are as follows:

a. Tuesday 9 March; b. Tuesday 7 June; and c. Tuesday 12 October.

2. The Chittering Bush Fire Advisory Committee meetings will be held in the Council Chambers,

6177 Great Northern Highway, Bindoon commencing at 7pm. 3. The agenda of the meetings will no longer include operational information, but will focus on

strategic issues. Agenda items must be submitted one fortnight in advance. 4. A minimum of two meetings will be held each year – one in March following the season and

one in October before the season

CARRIED UNANIMOUSLY Consultation/Communication Implications Local Chittering Bushfire Advisory Committee State Nil



Legislative Implications State Local Government Act 1995 – Sections 5.8 and 5.11 Bush Fires Act 1954 – Section 67 Local • Shire of Chittering Brigades Local Law 2012

In accordance with cl3.12 the Committee is to make recommendations to the local government on all motions received by the Committee from the bushfire brigades.

Policy Implications State Nil Local Nil Financial Implications There will be a charge for advertising the 2021 Chittering Bushfire Advisory Committee meeting dates in the local newspapers. These charges have been included in the 2020/21 Annual Budget. Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal.



Officer Comment/Details The meeting dates for the Chittering Bushfire Advisory Committee for the 2021 calendar year are presented to Council for endorsement. As per the Bush Fires Act 1954 and Council Committee Booklet, the number of meetings are at the Committee’s discretion. Neither the Act nor the Council Committee Booklet stipulate a minimum number of meetings to be held. The dates will be advertised in the local newspapers following Council’s resolution.

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 211120 Moved Cr Ross / Seconded Cr Osborn That Council: 1. Endorses the Chittering Bushfire Advisory Committee meeting dates for 2021 as follows:

a. Tuesday 9 March; and b. Tuesday 12 October.

2. Endorses that if the Committee require a third meeting in June, a date will be decided and minuted

at the meeting held 9 March 2021. 3. Endorses that a minimum of two meetings will be held each year – one in March following the

fire season and one in October before the fire season. 4. Endorses that meetings will be held in the Council Chambers, 6177 Great Northern Highway,

Bindoon commencing at 7pm. 5. Endorses that the agenda of the meetings will no longer include operational information and will

focus on strategic issues. Agenda items must be submitted one fortnight in advance. 6. Receives the “unconfirmed” Chittering Bushfire Advisory Committee Minutes from the meeting

held on 13 October 2020. CARRIED 6/0

8:38PM



COM02-11/20 Chittering Bush Fire Advisory Committee: Fire Danger Rating Sign

Applicant Shire of Chittering File ref 09/02/4 Author Development Services Support Officer Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Absolute Majority Attachments Nil Executive Summary Council is requested to approve the purchase of a fire danger rating sign to be installed on Great Northern Highway (near Wandena Road). Background The Chittering Bushfire Advisory Committee (CBFAC) met on 13 October 2020 and during the meeting the following Recommendation was carried:

7.2 COMMITTEE RECOMMENDATION Moved Aaron Cover / Seconded Peter Hall That Council purchase and place an electronic sign on Great Northern Highway (near Wandena Road) to notify the public of Fire Danger Ratings in preparation for the 2020/21 Fire Season.

CARRIED UNANIMOUSLY Consultation/Communication Implications Local Chittering Bushfire Advisory Committee State Great Northern Highway is governed by Main Roads WA. Given that the proposed Fire Danger Rating sign is likely to be in or near their road reserve, Main Roads WA will need to be consulted on placement of the sign. Legislative Implications State Local Government Act 1995 – Sections 5.8 and 5.11 Bush Fires Act 1954 – Section 67 Local • Shire of Chittering Brigades Local Law 2012

In accordance with cl3.12 the Committee is to make recommendations to the local government on all motions received by the Committee from the bushfire brigades.

Policy Implications State Nil



Local Finance Policy 2.11 - Purchasing Financial Implications The proposed Fire Danger Rating signage has not been included in the 2020/21 budget. The previous sign installed in Bindoon in 2018 cost $15,180.00. The Shire estimates that the cost of the sign will fall in the $10,001 - $30,000 bracket within the Shire of Chittering’s Purchasing Policy. This requires Shire officers to obtain at least two verbal or written quotations. As these costs have not been allocated in the 2020/21 Annual Budget, Council would need to consider an allocation against account 120501130 FIRE-Fire Prevention and Planning and amend the budget accordingly. Strategic Implications Local Nil State Nil Site Inspection Not applicable Triple Bottom Line Assessment Economic implications There are no known significant economic implications associated with this proposal. Social implications There are no known significant social implications associated with this proposal. Environmental implications There are no known significant environmental implications associated with this proposal. Officer Comment/Details Placement of the Fire Danger Rating sign was proposed on the corner of Great Northern Highway and Wandena Road to face west toward traffic travelling north. The purpose would be to make members of the public aware about ratings and restrictions in the Shire of Chittering. The location of the Fire Danger Rating sign is dependent on feedback from Main Roads WA. This consultation can be facilitated through the Shire’s Planning Department to ensure that all relevant regulations are met. If the outcome with Main Roads WA is favourable, a variation to the budget will be required to accommodate the purchase and installation of the Fire Danger Rating sign.



OFFICER RECOMMENDATION Moved Cr Ross / Seconded Cr Curtis That Council by an ABSOLUTE MAJORITY: 1. Authorises the Shire to consult Main Roads Western Australia on placement of the sign prior to

purchase of the sign. 2. Authorises the purchase of a Fire Danger Rating sign in accordance with the purchasing policy after

a favourable agreement is made with Main Roads Western Australia. 3. Authorises the placement of the purchased electronic Fire Danger Rating sign on Great Northern

Highway (near Wandena Road) to notify the public of Fire Danger Ratings in preparation for the 2020/21 Fire Season.

AMENDMENT Moved Cr Angus / Seconded Cr Gibson That the following point 4 be added to the Recommendation:

4. That if there is an undue delay for the Fire Danger Rating Sign to be installed by 31 January 2021 for the 2020/21 fire season that this purchase be considered as part of the 2021/22 budget.


8:52PM

SUBSTANTIVE MOTION / COUNCIL RESOLUTION 221120 Moved Cr Ross / Seconded Cr Curtis That Council by an ABSOLUTE MAJORITY: 1. Authorises the Shire to consult Main Roads Western Australia on placement of the sign prior to

purchase of the sign. 2. Authorises the purchase of a Fire Danger Rating sign in accordance with the purchasing policy

after a favourable agreement is made with Main Roads Western Australia. 3. Authorises the placement of the purchased electronic Fire Danger Rating sign on Great Northern

Highway (near Wandena Road) to notify the public of Fire Danger Ratings in preparation for the 2020/21 Fire Season.

4. That if there is an undue delay for the Fire Danger Rating Sign to be installed by 31 January 2021

for the 2020/21 fire season that this purchase be considered as part of the 2021/22 budget.

CARRIED 6/0 8:52PM



ITEM 11. MOTIONS, OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

ITEM 12. QUESTIONS FROM MEMBERS WITHOUT NOTICE

Nil

ITEM 13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING

Nil

ITEM 14. MEETING CLOSED TO THE PUBLIC

Matters for which the meeting may be closed

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 231120 Moved Cr Ross / Seconded Cr Angus That Council in accordance with Local Government (Council Meetings) Local Law 2014, cl6.2(1) moves into a confidential session to discuss the following items under the terms of the Local Government Act 1995, Section 5.23(2):

• CON01-11/20 EOI Proposal: Lot 91 (RN 6138) Great Northern Highway, Bindoon (“Ferguson House”);

• CON02-11/20 Education Scholarship 2021; and • CON03-11/20 Community Citizen of the Year Awards 2021.

CARRIED 6/0 8:54PM



CON01-11/20 EOI Proposal: Lot 91 (RN 6138) Great Northern Highway, Bindoon (“Ferguson House”)

Applicant Sally Diano File ref 02/02/0001, A11785 Author Community Development Coordinator Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Submission Plan - Ferguson House EOI Sally D

2. Original EOI Ferguson House: Lot 91 (RN 6138) Great Northern Highway, Bindoon

Reason for Confidentiality

Local Government Act 1995, Section 5.23(2)(e) Meetings generally open to public (2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the

council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following – (e) a matter that if disclosed, would reveal –

(iii) information about a business, professional, commercial or financial affairs of a person.

CON02-11/20 Education Scholarship 2021

Applicant Shire of Chittering File ref 15/01/4 Author Community Development Coordinator Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments 1. Minutes from the Chittering Education Scholarship Advisory Group

meeting Reason for Confidentiality

Local Government Act 1995, Section 5.23(2)(b) Meetings generally open to public (2) If a meeting is being held by a council or a committee, the council or committee may close

to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (b) the personal affairs of any person;



CON03-11/20 Community Citizen of the Year Awards 2021

Applicant Shire of Chittering File ref 02/01/2 Author Support Officer Governance Authorising Officer Chief Executive Officer Disclosure of interest Neither the Author nor Authorising Officer have any Impartiality, Financial

or Proximity Interests that requires disclosure Voting requirements Simple Majority Attachments Nil Reason for Confidentiality

Local Government Act 1995, Section 5.23(2)(b) Meetings generally open to public (2) If a meeting is being held by a council or a committee, the council or committee may close

to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (b) the personal affairs of any person;

Public reading of resolution that may be made public

The meeting was reopened to the public at 9:29pm and no members from the general public returned to meeting. The Resolutions were not read aloud.

SUBSTANTIVE MOTION / COUNCIL RESOLUTION 241120 Moved Cr Gibson / Seconded Cr Osborn That Council: 1. Authorise the Chief Executive Officer to offer an annual licence agreement to Mrs Sally Diano for

partial use of Lot 91 (RN 6138) Great Northern Highway, Bindoon (known as “Ferguson House”): a. The terms of the licence agreement will be for a period of five years and to be reviewed

after 12 months and with an agreed mutual termination clause, with annual fees to be determined by Council as part of the Budget adoption each year.

b. Mrs Sally Diano will coordinate all bookings for the facility with payment of annual fees payable to the Shire administration upon confirmation of all bookings and with the provision of appropriate paperwork, including user agreements to support these bookings.

2. Authorise the Chief Executive Officer to submit for Budget Review, consideration of Building

Maintenance requirements for Lot 91 (RN 6138) Great Northern Highway, Bindoon (known as “Ferguson House”).

CARRIED 6/0 9:14PM

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 251120 Moved Cr Angus / Seconded Cr Gibson That Council endorses the recommendation of the Chittering Education Scholarship Advisory Group as outlined in ‘CON02-11/20 Education Scholarship 2021’.

CARRIED 6/0 9:18PM



OFFICER RECOMMENDATION / COUNCIL RESOLUTION 261120 Moved Cr Ross / Seconded Cr Osborn That Council endorses the recommendation as outlined in report ‘CON03-11/20 Community Citizen of the Year Awards 2021’.

CARRIED 4/2 9:28PM

ITEM 15. CLOSURE

Cr Kylie Hughes closed the meeting at 9:30PM.

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