Ordinary Council · 2021. 4. 16. · • Shire of Narrogin As the new Regulations affect all local...

Ordinary Council

AGENDA

FOR THE MEETING TO BE HELD WEDNESDAY, 28 APRIL 2021

IN COUNCIL CHAMBERS, WALLCLIFFE ROAD, MARGARET RIVER

COMMENCING AT 5:30PM

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 28 APRIL 2021

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Meeting Notice Dear Councillor I advise that an Ordinary Council Meeting of the Shire of Augusta Margaret River will be held in Council Chambers, Wallcliffe Road, Margaret River on Wednesday 28 April 2021, commencing at 5:30pm. Yours faithfully

STEPHANIE ADDISON-BROWN CHIEF EXECUTIVE OFFICER


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ATTENTION/DISCLAIMER

This agenda has yet to be dealt with by the Council. The Recommendations shown at the foot of each item have yet to be considered by the Council and are not to be interpreted as being the position of the Council. The minutes of the meeting held to discuss this agenda should be read to ascertain the decision of the Council. In certain circumstances members of the public are not entitled to inspect material, which in the opinion of the Chief Executive Officer is confidential, and relates to a meeting or a part of a meeting that is likely to be closed to members of the public. No responsibility whatsoever is implied or accepted by the Shire of Augusta Margaret River for any act, omission, statement or intimation occurring during Council or Committee meetings. The Shire of Augusta Margaret River disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement of intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or Officer of the Shire of Augusta Margaret River during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Augusta Margaret River. The Shire of Augusta Margaret River advises that anyone who has any application lodged with the Shire of Augusta Margaret River must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application and any conditions attaching to the decision made by the Shire of Augusta Margaret River in respect of the application. The Shire of Augusta Margaret River advises that any plans or documents contained within this agenda may be subject to copyright law provisions (Copyright Act 1968, as amended) and that the express permission of the copyright owner(s) should be sought prior to their reproduction. It should be noted that copyright owners are entitled to take legal action against any persons who infringe their copyright. A reproduction of material that is protected by copyright may represent a copyright infringement.


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TABLE OF CONTENTS

ITEM NO. SUBJECT PAGE NO.

1. DECLARATION OF OPENING .................................................................................................. 4

2. ATTENDANCE ........................................................................................................................... 4

3. DISCLOSURES OF INTEREST ................................................................................................. 4

4. PUBLIC QUESTIONS ................................................................................................................ 4 4.1. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ................................ 4 4.2. PUBLIC QUESTION TIME ......................................................................................................... 4

5. APPLICATIONS FOR LEAVE OF ABSENCE ........................................................................... 4

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ..................................................... 4 6.1 ORDINARY COUNCIL MEETING HELD 24 MARCH 2021 ...................................................... 4

7. DEPUTATIONS .......................................................................................................................... 4

8. PETITIONS ................................................................................................................................. 4

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER......................................................... 4

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ..................... 4

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS ................................................... 4

11.1. CHIEF EXECUTIVE OFFICER ................................................................................................... 5 11.1.1 ADOPTION OF CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE

MEMBERS AND CANDIDATES AND COMPLAINTS POLICY ................................................ 6 11.1.2 NOTES OF COUNCILLOR AGENDA BRIEFINGS AND CONCEPT FORUM

SESSIONS FROM 27 JANUARY TO 31 MARCH 2021 .......................................................... 10 11.1.3 PROPOSED LEASE OF CWA HALL WITCHCLIFFE .............................................................. 17 11.1.4 CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MINUTES - 23

MARCH 2021 ............................................................................................................................ 24 11.1.5 MODEL STANDARDS FOR CEO RECRUITMENT, PERFORMANCE AND

TERMINATION ......................................................................................................................... 27 11.1.6 CONTRIBUTION TO DISTRESS RELIEF FUND - TROPICAL CYCLONE SEROJA

APPEAL .................................................................................................................................... 31

11.2. SUSTAINABLE DEVELOPMENT AND INFRASTRUCTURE ................................................ 33 11.2.1 FINAL ADOPTION OF LOCAL PLANNING STRATEGY ......................................................... 34 11.2.2 PROPOSED HOLIDAY HOUSE - 72 (LOT 211) WOODITCH ROAD, MARGARET

RIVER ....................................................................................................................................... 47 11.2.3 IPQS 012101 - PANEL OF SUPPLIERS FOR PLANT AND EQUIPMENT HIRE .................... 54 11.2.4 SCOTT RIVER SUSTAINABLE ECONOMIC STRATEGY ...................................................... 59 11.2.5 SUSTAINABLE ECONOMY STRATEGY ................................................................................. 64 11.2.6 CLIMATE ACTION PLAN - FINAL ADOPTION ........................................................................ 70

11.3. CORPORATE AND COMMUNITY SERVICES ....................................................................... 74 11.3.1 LIST OF PAYMENTS FOR FEBRUARY 2021 ......................................................................... 75 11.3.2 LIST OF PAYMENTS FOR MARCH 2021 ............................................................................... 78 11.3.3 FINANCIAL ACTIVITY STATEMENT REPORT - FEBRUARY 2021 ....................................... 81

12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............ 92

13. MOTIONS FOR CONSIDERATION AT NEXT MEETING ....................................................... 92

14. NEW BUSINESS OF AN URGENT NATURE ......................................................................... 92 14.1 MEMBERS ................................................................................................................................ 92 14.2 CEO .......................................................................................................................................... 92

15. CONFIDENTIAL BUSINESS .................................................................................................... 92

16. CLOSURE OF MEETING ......................................................................................................... 92


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Ordinary Council Meeting

1. DECLARATION OF OPENING

2. ATTENDANCE 3. DISCLOSURES OF INTEREST

4. PUBLIC QUESTIONS 4.1. Response to Previous Public Questions Taken on Notice 4.2. Public Question Time

5. APPLICATIONS FOR LEAVE OF ABSENCE

6. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6.1 Ordinary Council Meeting held 24 March 2021

7. DEPUTATIONS

8. PETITIONS

9. ANNOUNCEMENTS FROM THE PRESIDING MEMBER

10. QUESTIONS FROM MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

11. REPORTS OF COMMITTEES AND EMPLOYEE REPORTS


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11.1. Chief Executive Officer


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11.1.1 ADOPTION OF CODE OF CONDUCT FOR COUNCIL MEMBERS, COMMITTEE MEMBERS AND CANDIDATES LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE GOV/41 REPORT AUTHOR Emma Rogers, Governance (Legal and Risk) Officer AUTHORISING OFFICER Ian McLeod, Manager Legal and Governance

IN BRIEF • The Local Government (Model Code of Conduct) Regulations 2021 was gazetted on 2 February

2021 and took effect on 3 February 2021. • The Shire is required to adopt a Code of Conduct for Council Members, Committee Members and

Candidates that incorporates the Model Code within three months, in accordance with the new s.5.104 of the Local Government Act 1995 (the Act).

• The Department of Local Government, Sport and Cultural Industries (DLGSC) advised local governments to develop a policy to provide guidance on dealing with complaints to the extent that it is not provided for in the Regulations.

• A Code of Conduct for Council Members, Committee Members and Candidates, and a Complaints Policy is currently being prepared by officers.

RECOMMENDATION That Council adopts the Code of Conduct for Council Members, Committee Members and Candidates presented in Attachment 1, in accordance with s5.104 of the Local Government Act 1995. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND On 27 June 2019 the Local Government Legislation Amendment Act 2019 was passed by Parliament.

On 2 February 2021 the Local Government (Model Code of Conduct) Regulations 2021 (New Regulations) were gazetted to take effect on 3 February 2021.

New sections of the Act that provided for the New Regulations were proclaimed concurrently and are also now in effect. The New Regulations introduce a mandatory code of conduct for council members, committee members and candidates, set out it in Schedule 1 of the Local Government (Model Code of Conduct) Regulations 2021. This is referred to as the ‘Model Code’. The Department of Local Government Sporting and Cultural Industries (DLGSC) recognises the speed with which these changes were made, providing an implementation timeframe of up to three months for local governments to operationalise the New Regulations. To begin implementation of the Model Code as soon as practical, local governments are required to:

• appoint a person to receive complaints by either affirming the current complaint officers or appoint a new or additional officer(s), and

• approve a form for complaints to be lodged.


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DLGSC advised that these two actions should be completed by 24 February 2021. A CEO approved complaint form based on the DLGSC template has been published on the Shire’s website. The CEO also authorised the Shire’s Manager Legal and Governance as a person to receive complaints under s9.10 of the LG Act as an interim on the 23 February 2021, and on the 10 March 2021, Council authorised the CEO for the purposes of receiving complaints and withdrawal of complaints in accordance with Clause 11(3) of the Model Code. The Model Code applies to Councillors and Committee Members from 3 February 2021, when the new regulations took effect. Under section 5.103 LGA, the Shire is required to adopt a new Code of Conduct for Councillors, Committee Members and Candidates that incorporates the provisions of the Model Code. This must occur within three months from the Regulations taking effect, by the 3 May 2021. CONSULTATION AND ADVICE External Consultation • WALGA • DLGSC • City of Busselton • City of Bunbury • Shire of Narrogin As the new Regulations affect all local governments, numerous local governments have been sharing resources, and providing assistance to other local governments regarding the implementation of the Model Code and development of a Complaints Policy. Internal Consultation • CEO • Manager Legal and Governance Councillor briefing was held 24 March 2021 to discuss proposed additions to Division 3 – Behaviour, in the draft Code of Conduct for Council Members, Committee Members and Candidates. DISCUSSION / OFFICER COMMENTS Model Code The Model Code Regulations provide for:

• overarching principles to guide behaviour • behaviours which are managed by local governments • rules of conduct breaches which are considered by the Standards Panel.

The purpose of the Model Code is to guide decisions, actions and behaviours. It also recognises that there is a need for a separate code for council members, committee members and candidates to clearly reflect community expectations of behaviour and ensure consistency between local governments. It also provides for a process to deal with complaints to ensure a consistent approach across the sector. The Model Code is divided into four sections:

• Division 1 – Preliminary provisions – includes the citation and terms used. • Division 2 – General Principles – sets out the fundamental principles to guide the behaviour of

Councillors, committee members and candidates. • Division 3 – Behaviour – sets the standards of behaviour for Councillors, committee members

and candidates; and the complaints process managed by the local government resulting from alleged breaches of this division.

• Division 4 – Rules of Conduct – sets out the rules of conduct for Councillors and candidates. A breach of a rule of conduct is a minor breach dealt with by the standards panel under section 5.110 LGA.

Shire’s Code of Conduct for Councillors, Committee Members and Candidates The Shire is required to adopt a new Code of Conduct for Councillors, Committee Members and Candidates that incorporates the provisions of the Model Code by the 3 May 2021.


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While local governments may not amend Division 2 (Principles) or Division 4 (Rules of Conduct), additional behaviour requirements can be included in Division 3 (Behaviours) if deemed appropriate by the local government. Any additions must not be inconsistent with the Model Code (section 5.104(3) of the Act). Shire officers compared the Shire’s old Code of Conduct with the Model Code, and identified the behaviour requirements not represented in the Model Code. A briefing was held with Councillors on 24 March 2021 to discuss and consider incorporating theses additional behaviour requirements not represented in the Model Code. A new Code of Conduct for Councillors, Committee Members and Candidates is presented to Council for adoption. The new Code incorporates the provisions of the Model Code contained in Schedule 1 of the Local Government (Model Code of Conduct) Regulations 2021 and the recommended additional behaviour requirements (shown in tracked changes in Division 3). Policy for complaints of behavioural breaches Complaints of alleged breaches of Division 3 of the Model Code must be dealt with by the local government. Division 3 provides a process for responding to the alleged breaches with an emphasis on education and development, rather than punitive sanctions, and with the aim of establishing or restoring positive working relationships and avoiding further breaches. The DLGSC have recommended that local governments develop a policy to provide guidance on dealing with complaints to the extent that it is not provided for in the Regulations. Officers are currently working on such a policy. Key points of the draft policy include:

• Appointment of an Investigator or Complaints Panel by the CEO. • Process of making a complaint, including complaint must be lodged within one month of the

occurrence of the alleged breach. • Investigator must offer mediation to both parties as the first option for dealing with a complaint. • Investigator must make a determination on an alleged breach within 21 days from receiving

complaint. • Requirements of action plans to address behaviour • Council findings on alleged breach. • Confidentiality of complaints. • Dismissal and withdrawal of complaints. • Non-compliance with action plan requirements is a breach of Rules of Conduct, and minor

breach under s5.105(1) LGA. • Remuneration of Investigator, Complaints Panel or Mediator.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Section 5.104 of the Act requires that local governments adopt the Model Code as their Code of Conduct within three months of the Local Government (Model Code of Conduct) Regulations 2021 coming into operation (by 3 May 2021). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key result area 5: Effective leadership and governance Strategy 3: Ensure Councillors and employees demonstrate the importance of ethical behaviour and compliance with codes of conduct. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications


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If a complaint is received, the costs of the of the complaint process include the remuneration of an appointed investigator, mediator or Complaints Panel. An allowance has been factored in to the 2021-22 budget account for this, and can be reconsidered in any mid-year budget reviews, depending on the number of complaints received. Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Council is required, under s5.104(1) LGA, to adopt a Code of Conduct for Council Members, Committee Members and Candidates which incorporates the Model Code within three months of the new Regulations coming into operation, by the 3 May 2021. Council may make modifications to Division 3 of the Code of Conduct, but cannot amend Division 2 or Division 4. VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That Council adopts the Code of Conduct for Council Members, Committee Members and Candidates presented in Attachment 1, in accordance with s5.104 of the Local Government Act 1995. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Code of Conduct for Council Members, Committee Members and Candidates


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11.1.2 NOTES OF COUNCILLOR AGENDA BRIEFINGS AND CONCEPT FORUM SESSIONS FROM 27 JANUARY TO 31 MARCH 2021 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/221 REPORT AUTHOR Claire Schiller, Governance Officer / Council Support AUTHORISING OFFICER Ian McLeod, Manager Legal and Governance

IN BRIEF • Council conducts bi-monthly as required Councillor Briefing Sessions which are run in accordance

with a Council adopted Policy and Department of Local Government Sport and Cultural Industries (DLGSC) Guidelines.

• Council’s policy for the conduct of the Councillor Information Briefing Sessions provides for the proceedings of the briefings to be brought to Council and for wider community awareness as a public record in the form of notes as an additional accountability mechanism.

• Notes of recent Councillor Briefing sessions are presented to be received by Council in accordance with Council’s policy.

RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefing Sessions from 27 January 2021 to 31 March 2021. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The purpose of Councillor Agenda Briefings and Concept Forums is to: 1. Provide relevant information so that Councillors are better informed when participating in Council

decision making processes. 2. Provide a forum for two-way communication between elected members and key staff members on

important Council related matters. 3. Provide an inclusive opportunity for general community members and the press to receive the

same information on Agenda Items being provided to elected members on a range of relevant topics

Agenda briefings and workshops sessions are centred on one or more of the following outcomes which can be classified under the DLGSC Guidelines for Councillor Forums as either a Concept or an Agenda Forum: Concept Forums / Workshops Concept forums generally relate to strategic matters that are no yet on a Council meeting agenda. Concept forums are generally closed to the public to facilitate the open discussion of preliminary ideas and concepts by Councillors, but may be open to the public where the CEO or President believe it would be beneficial. Matters to be discussed at a Concept forum may include; • A statement of governance processes and effectiveness • a statement of principles on key issues


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• guidance to the CEO on further avenues of research • compiling a list of critical issues resulting from the briefing • the brainstorming of ideas • policy development and direction (but not adoption) • ongoing discussion of the Shire’s strategic direction Agenda Briefings Agenda Briefing Sessions are open to all elected members and generally to all members of the public and press. The Chief Executive Officer is to be in attendance and other relevant Directors and staff as required by the CEO for the provision of information to elected members. Matters of a confidential nature to be included in a Council agenda will be discussed at closed briefing sessions (i.e. not open to the public). Otherwise normal briefing sessions will be open to the public at a suitable publicly accessible time. Matters dealt with at agenda briefings may include; • breaking down of complex issues before Council • clarification of items on the Council agenda • requests for additional information on items on the Council agenda • confidential discussion of items which are on the agenda and which will be discussed with

members of the public excluded CONSULTATION AND ADVICE External Consultation The Local Government Operational Guidelines Number 5 Council Forums have been considered and adapted for use in the Shire of Augusta Margaret River setting. Internal Consultation Nil DISCUSSION / OFFICER COMMENTS The following are the informal notes of the Councillor Agenda Briefings and Concept Forum Sessions recently held as recommended by Council’s adopted policy which is consistent with the DLGSC Guidelines. Notes of Councillor Agenda Briefings and Concept Forum Sessions from 27 January to 24 March 2021 Councillors and the Executive Leadership Team were in attendance unless listed as an apology. 10 February 2021:

Title: Session Type:

Presenter: Officers in attendance: Cr / ELT Apologies:

Proposed Shop / Supermarket, Cowaramup

Agenda Briefing / Closed (formed part of the agenda Q&A session)

Senior Planning Officer, Lucy Gouws

• Manager Legal and Governance, Ian McLeod

Lease of Patching Truck Agenda Briefing / Closed (formed part of the agenda Q&A session)

Acting Manager Works, Grant Gordon-Kirby


• Depot Administration Officer, Tracey Charles


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Road Speeds within the Shire

Concept forum / closed

Manager Asset Services, David Nicholson


Review of Lobbying List for 2021


CEO, Stephanie Addison-Brown


27 January 2021:


Presenter: Officers in attendance:

Cr / ELT Apologies:

Gnarabup Tourism Development – Councillor Motions (Cr Cristoffanini attended remotely via ZOOM)

Agenda Briefing

Acting Director Sustainable Development and Infrastructure, Matt Cuthbert


• Cr Meldrum

Cowaramup Bike Parking

Agenda Briefing

Manager Asset Services David Nicholson

• Cr Meldrum • Cr Cristoffanini • Acting DCCS, Andrew Ross

Strategic Community Plan – major review. Stage 1

Agenda Briefing

Strategic Corporate and Community Planner, Stacey Hutt


• Cr Meldrum • Cr Cristoffanini

10 February 2021:



New and Amended Regulations


Manager Legal and Governance, Ian McLeod

• Manager Corporate Services, Andrew Ross

• Manager Planning and Development, Matt Cuthbert

• Governance Officer, Emma Rogers

• DSDI, Nick Logan

Review of Holiday Home Policy


Manager Planning and Development, Matt Cuthbert


• Compliance Officer, Tessa Ashworth

Strengthening Youth Plan

Agenda Briefing

Community Development Trainee, Shannon Walker, Community Development Officer, Jess Black

Universal Beach and Water Access - Augusta


Asset Services Project Officer, Susan Elton

• Manager Asset Services, David Nicholson

24 February 2021:



Long Term Financial Plan

Workshop / closed

Manager Corporate Services, Andrew Ross


Cr Godden


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Margaret River Hockey Turf Project Update


Manager Recreational Services, Dylan Brown

• Maxine Williams representing Margaret River Hockey Club



• Cr Godden

Caves Road - Update Briefing Main Roads WA • Manager Asset Services, David Nicholson


• Cr Godden

Extractive Industry - Kudardup

Agenda Briefing

Senior Planning Officer, Lezia Sandon


• Statutory Planning Coordinator, Angela Satre

• Cr Godden

Attendance at Events Policy

Agenda Briefing

Governance (Legal and Risk) Officer


• Cr Godden

3 March 2021:


Presenter: Officers / press / guests in attendance:

Cr / ELT Apologies:

Augusta Childcare Agenda Briefing / closed

DCCS, James Shepherd




Wadandi Bridges Concept forum / closed

DSDI, Nick Logan




Housing Crisis Forum • Manager Planning and Development, Matt Cuthbert

• South West Development Commission Representative, Ashley Clements

8 March 2021:


Presenter: Officers / press in attendance: Cr / ELT Apologies:

Site Visit – Proposed Extractive Industry (Gravel and Sand) – 13242 (Lot 1494) Bussell Highway, Kudardup

Site visit Manager Planning and Development, Matt Cuthbert

• Senior Planning Officer, Lezia Sandon

10 March 2021:


Presenter: Officers / press in attendance: Cr / ELT Apologies:

Housing Crisis Forum Concept forum / closed

Chair of Just Home Margaret River, Cr Naomi Godden


• Cr Godden presented to Council as Chair of Just Home Margaret River and left the room while issues were further discussed.


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Turner Holiday Park Agenda Briefing / closed

Manager Human and Community Services, Nigel Anderson; Caravan Parks and Camping Ground Manager, Hettie Enderes

Statutory Planning Review Process



Lower Blackwood LCDC Presentation Lower Blackwood LCDC – Joanna Wren and Tim Crimp

17 March 2021:



Recreation Centre Roof Update


Manager Sport and Community Recreation, Dylan Brown

24 March 2021:



2021-22 Budget Agenda Briefing

Manager Corporate Services, Andrew Ross

• Cr Daniel

Councillor Code of Conduct

Agenda Briefing

Manager Legal and Governance

• Governance (Legal and Risk) Officer

• DSDI, Nick Logan

• DCCS, James Shepherd

Scott River Economic Strategy

Workshop / closed

Sustainable Economy Officer, Saul Cresswell



Local Planning Strategy Concept Forum / closed

Strategic Projects Officer, Matt Slocomb



Process Improvement and DAU Review

Concept Forum / closed

DSDI, Nick Logan


• Senior Planner, Lucy Gouws


31 March 2021:



Sustainable Economy Strategy

Agenda Briefing

Sustainable Economy Officer, Saul Cresswell

• Marketing Officer, Tania Purdue

• AMR Times, Warren Hately

• Cr Kennaugh

Climate Action Plan Agenda Briefing

Sustainability Officer, Katie Biggs


• Cr Kennaugh


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Review of DAU Process Concept Forum / closed

Senior Planning Officer, Lucy Gouws, Manager Planning and Development, Matt Cuthbert


• Cr Kennaugh

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 5: Effective leadership and governance Community Outcome 1: Responsible ownership of outcomes Strategy 4: Provide Councillors with high quality and current information and training for effective decision making Service level strategy/plan 5.1.4.3: Conduct regular briefing sessions for Councillor and community on key issues and projects, prior to Ordinary Council meetings PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications Nil Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Notes of Councillor Agenda Briefing Sessions from 27 January 2021 to 31 March 2021. ADVICE TO APPLICANT / PROPONENT Nil


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ATTACHMENTS Nil


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11.1.3 PROPOSED LEASE OF CWA HALL WITCHCLIFFE LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Narelle Lukins and Mike Bloxsome FILE REFERENCE RES/47731 REPORT AUTHOR Lauren Bidesi, Senior Legal Officer AUTHORISING OFFICER Ian McLeod, Manager and Legal Governance

IN BRIEF • The Country Women’s Association Hall Witchcliffe (the Hall) is located on a Crown Reserve with a

management order in favour of the Shire which includes a power to lease the land for any term not exceeding 21 years.

• The Hall has not been utilised over the past 10 years due to the building being in a state of disrepair. • Due to the Halls poor condition it currently is in need of significant restoration to enable any kind of

occupation. • Council resolved on 14 August 2019 to advertise an Expression of Interest (EOI). No interest was

received through the EOI process. • The Shire applied to the DPLH to change the purpose of Reserve 47731 from ‘community centre’

to ‘preservation of historical building’ in anticipation of future leasing of the Hall. DPLH approved this change subject to conditions and Landgate registration.

• Since advertising the EOI, the Shire has had interest from several parties in leasing the Hall. One submission has been received from Narelle Lukins and Mike Bloxsome who propose to operate a business from the Hall and is the subject of this report.

• Ms Lukins and Mr Bloxsome propose to operate a food produce and goods shop that will provide a retail space for small local ethically sustainable seasonal producers and/or goods.

• The Shire is seeking Councils support to lease the Hall to the Proponent, subject to Development Approval and Ministerial Approval.

• The Shire will need to prioritise funding in its current budget to allow for the scope of works to fund the Hall upgrades and asbestos removal, to enable the Hall to be fit for occupation.

• The proposed new lease has been advertised in accordance with statutory land disposition requirements, with no submissions received.

• Council must endorse the proposed lease under section 3.58(3) of the Local Government Act 1995 (the Act) before it can proceed.

RECOMMENDATION That Council: 1. Notes that no submissions were received in response to local public notice of the proposed lease

to Narelle Lukins and Mike Bloxsome. 2. Authorises the CEO to grant a lease to Narelle Lukins and Mike Bloxsome (Lessee) over the area

identified in purple on the Location Plan, subject to: a) Development Approval being granted for the proposed development; b) Ministerial approval under the Land Administration Act 1997; c) Agreement on suitable lease terms pursuant to the Commercial Tenancy (Retail

Shops) Agreement Act 1985 including - i. The term shall be for a period of 5 years with a 5 year option (in favour of both

parties) ii. The rent shall be charged at $11,000 per annum plus GST and outgoings with

annual rent reviews; and iii. The Lessee will be responsible for obtaining public liability and contents

insurance and will indemnify the Shire against any loss associated with the Lessee's use of the Hall.

3. Subject to the prioritisation of building projects and the availability of funds, include estimated funds of $130,000 for required building works including asbestos removal.


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4. Approves the establishment of a reserve fund in the 2021-22 Budget for the CWA Hall pursuant to s6.9(1) of the Local Government Act 1995 and allocating any premiums, rental, fees, charges or other income from the lease into the fund for the purposes of the Hall upkeep, maintenance and repairs pursuant to the conditions in the reserves Management Order.

LOCATION PLAN

TABLED ITEMS Nil BACKGROUND Council on 14 August 2019 authorised the changing of the reserves’ purpose from ‘community centre’ to ‘preservation of historical building’. Use as a community centre would have been restricted primarily to the provision of educational, social or recreational facilities or services by an organisation involved in activities for community benefit. DPLH advised in December 2020 that the reserve purpose change has been approved in the Management Order, subject to the following conditions:

The documentation to effect the changes (reserve purpose and new management order) were lodged with Landgate on 8 January 2021 – following Landgate’s examination and registration actions the Shire of Augusta Margaret River will receive the duplicate management order. The document number for the management order is O606203. DPLH also suggested changing the existing boundaries between several reserves: 47731, 22471, 47568 and 43241. It is the Shire’s intention to excise what land is required for the Historical Building including parking and amalgamate the balance containing the tennis courts into the adjacent Recreation


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Reserve 22471. The Shire will also amend the boundary of Emergency Services Site Reserve 47568 to include the infrastructure currently located on Recreation Reserve 22471. The Shire will be responsible for all costs associated with preparing the Deposited Plan. Shire Officers are currently liaising with Emergency Services regarding the reserve changes and are proceeding with the boundary changes as proposed in the plan outlined below. This will not affect the proposed lease area.

Proposed boundary changes Costs & Improvements The Shire’s Coordinator of Building Assets and Maintenance has advised that the scope of works to make the Hall fit for occupation would include:

• Asbestos removal • Internal painting • Maintenance on external cladding • Maintenance on windows and doors • Electrical rewiring • Toilet upgrade and provision • Rainwater tank provision • Install on site effluent disposal system • Parking formalisation

There is an annual budget allocation which needs to be brought forward to 2021/22 for general maintenance of the Hall which is $6000. The estimated cost to complete the scope of works in the coming financial year will be approximately $130,000 inclusive of asbestos removal. Shire Officers have estimated works will take approximately eight months to complete from the time of procurement of services. The availability of building contractors will impact upon the procurement timeframe.


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CONSULTATION AND ADVICE External Consultation • DPLH – changing of reserve purpose and boundaries (see commentary above) • An independent licensed surveyor has provided a market rental value of $10,500 per annum

plus outgoings as at 9 August 2019 based on an ‘as complete’ basis meaning the building being substantially renovated and fit for occupation.

Internal Consultation • Community Development – is supportive and has facilitated contact with the Witchcliffe Community

Association. • Building Assets and Maintenance – is supportive. • Corporate Services – is supportive of the proposal to bring forward asbestos removal money to the

current budget. • Environmental Health – no comment • Planning and Development – is supportive. • Infrastructure/works – the Shires Coordinator of Operations has provided a concept plan for the

Reserve. This plan doesn’t include any modifications to the building but may impact on use of the building in relation to parking and access as it involves creation of a playground and extensive landscaping to the east of the building. This project has no anticipated start date.

DISCUSSION / OFFICER COMMENTS Proposed business The proposed business is for the provision of a collaborative retail space that will provide a variety of local food produce and ethically sustainable goods for sale. The retail space would allow small local producers to retail their products who do not currently have a commercial base in which to promote their products. Each producer would pay a small fee $15-25 per week for this space and in return would provide 12 hours commercial support to the business per annum. The producers in return for the fee would receive a retail space for their products, insurance and business management support. Bulk foods will be offered with a no waste ethos where customers will bring their own containers for refill or buy recycled containers. A store manager would be onsite to attend to customers, stock handling and manage the business. Approximately 20 local producers would be invited to display their products at any one time. The business has allocated $20,000 for start-up costs and $20,000 for management of ongoing stock levels and will provide wages for a full time manager. Timeline No submissions were received from public advertising, therefore if Council approves leasing of the Hall to the Lessee, a Development Approval will need to be lodged with the Shire and if approved, the draft lease will be prepared pursuant to s3.58 of the LG Act and Ministerial pre-approval sought. The market valuation from 2019 can still be used pursuant to s3.58(4)(c)(ii) if Council declares by resolution that the local government believes a valuation ascertained more than six months before the proposed lease is a true indication of the value at the time of the proposed lease. Works on the hall by the Shire can commence once the approvals are in place. Occupation by the proposed tenant is anticipated by November. Change of Reserve Purpose The purpose of Reserve 47731 has been approved by DPLH to ‘preservation of historical building’ meaning the Shire as the Management Body must establish a trust fund pursuant to s6.9 of the LG Act and allocate any premium, rental, fees, charges or other income it receives from all leases and licences in respect of the reserve into the fund. The fund will be used for upkeep, maintenance and repair of the Hall site.


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The Shire must provide to the DPLH each financial year, within three months from 30 June that year, a report that details the amount and source of the reserve funds received and what the reserve funds have been expended on during that preceding financial year and other periods as requested. Surplus un-expended reserve funds may be carried over to contribute to the planned future capital or major work required to other reserves within the locality. The Shire shall include in the report above details of any expenditure from the trust fund or from funds which have been carried forward by the management body and use for capital or major works or on the reserve and other reserves within the locality. Local Planning Scheme Reserve 47731 is zoned ‘Village Centre’ under the Shire’s Local Planning Scheme 1 (LSP1). There are a large number of permissible uses in the zone including: café, consulting rooms, medical centre, restaurant, and shop. The Lessee is required to submit an application for development approval once the proposed lease is approved. Proposed Lease Terms Commercial rent will be negotiated under a lease arrangement in accordance with section 3.58 of the Local Government Act 1995 and the terms of the lease negotiable, but proposed terms are as follows:

a. The term shall be for a period of 5 years with a 5 year option (in favour of both parties); b. Rent shall be charged at $11,000 per annum plus GST and outgoings with annual rent

reviews c. The Lessee will be responsible for obtaining public liability and contents insurance and will

indemnify the Shire against any loss associated with the Lessee's use of the Hall; d. The Shire establishing a reserve fund pursuant to s6.9(1) of the Local Government Act and

allocating any premiums, rental, fees, charges or other income from the lease into the fund for the purposes of the Hall upkeep, maintenance and repairs pursuant to the conditions in the Management Order.

The lease will also need to be compliant with the Commercial Tenancy (Retail Shops) Agreement Act 1985 to ensure transparency of information and fairness of the contract. As required by the management order, the Shire will use rent to fund the repairs and maintenance of the building. The Shire will conduct and fund all the repairs upfront and then collect rent at a commercial rate to recoup its costs over the period of the lease. The main problem in using this method to effect repairs is that the Shire bears all the cost and associated risk upfront. An independent valuation has valued the commercial rent of the property based on the hall being substantially renovated and fit for occupation at a market value of $125/m2, reflecting an overall rent of $10,500 per annum. As the offer of rent from the Lessee is higher than the rent recommended by the licenced valuer, it is recommended that the Shire proceed with the proposed lease. Service charges The installation of a sub meter at this location will enable the Lessee to cover their own cost of power and water. Currently the Shire is paying any fees incurred through power and water usage. Hours of Operation The Lessee proposes to operate 10:00- 4:00pm Thursday to Monday initially, with possible extension to 7 days per week if demand is viable. It is recommended a lease be granted to the Lessee based on the terms above and subject to the Shire’s standard lease policy provisions. Leasing of the Hall will provide a great opportunity for space activation and provide an opportunity for new employment and retail opportunities for the area. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Land Administration Act 1997 (LAA) Reserve 47731 is vested in the Shire with the power to lease for a maximum period of 21 years. Any lease agreement made over the Reserve is to be submitted to the Minister for Lands for approval pursuant to section 18(2) of the LAA.


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Local Government Act 1995 (LGA) A lease of property vested in the Shire is considered to be a disposition of property for the purposes of section 3.58 of the LGA. Under Section 3.58(3) of the Act a local government can dispose of property if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition; and (b) it considers any submissions made to it before the date specified in the notice and, if its decision

to dispose is made by the council or a committee, the decision and the reasons for it are recorded in the minutes.

Any negotiated lease must under section 3.58 of the Local Government Act 1995 be subject to public notice:

• Describing the property; • Detailing the proposed lease; and • Invite submissions which council must consider

The property is not exempt from the disposition provisions as a commercial business is proposed to be run from the Property. There is no delegation allowing the CEO to agree to a commercial lease and the decision to lease must therefore be made by Council. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key result area 3: Ensuring sustainable development Community Outcome 2: Liveable, sustainable and well-design places that are inclusive for all cultures and demographics Strategy 3: Develop and implement management plans for Shire facilities and projects so they are well designed, sustainable, have aesthetic appeal and are accessible by all Key result area 4: Vibrant and diverse economy Community Outcome 2: Sustainable tourism and other local industries Strategy 2: Work with the tourism sector to further promote and develop ecologically sustainable, cultural and agricultural tourism, including respectful tourism based on environmental and cultural values. Key result area 4: Vibrant and diverse economy Community Outcome 4: Competitive and sustainable business environment Strategy 2: Work with commercial and retail enterprises to increase year round stability PLANNING FRAMEWORK The proposal is consistent with the Local Planning Scheme No. 1 and Local Planning Strategy. The site is zoned Village Centre which is consistent for commercial uses of a potential shop and/or tourism business. FINANCIAL IMPLICATIONS Implications In carrying out its functions the Shire uses its best endeavours to meet the needs of current and future generations through integration of social advancement and economic prosperity. The Shire has an asbestos replacement program that includes the CWA Hall and these works would need to be brought forward to 2021-22 subject to priorities and the availability of funding. The proposed tenant will pay $11,000 per annum plus outgoings which will cover the costs over the proposed lease term that the Shire will need to initially outlay to restore and renovate the Hall. Long Term Financial Plan All financial implications of upgrading the Hall to standard have been outlined and costed accordingly in the Annual Budget and Long Term Financial Plan.


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SUSTAINABILITY IMPLICATIONS Environmental Nil Social The CAWA Hall is important to the heritage of Witchcliffe and the Witchcliffe Hall Association have previously expressed their desire for the Hall to be maintained even if used for commercial purposes. If the Hall remains untenanted it will likely deteriorate beyond repair. Economic Implementing a commercial lease agreement at the Hall is aligned to the objectives in the draft Community Strategic Plan 2036 through provision of a range of business and job opportunities, promotion of sustainable small business options and through upgrading a facility for the enjoyment of the wider community. ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION The Hall will remain untenanted if a new lease is not entered into with the prospective Lessee. The Shire will not need to spend any funding on upgrading the Hall if no new lease is entered into. The Hall will likely deteriorate beyond repair if not maintained and tenanted. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes that no submissions were received in response to local public notice of the proposed lease

to Narelle Lukins and Mike Bloxsome. 2. Authorises the CEO to grant a lease to Narelle Lukins and Mike Bloxsome (Lessee) over the area

identified in purple on the Location Plan, subject to: a) Development Approval being granted for the proposed development; b) Ministerial approval under the Land Administration Act 1997; c) Agreement on suitable lease terms pursuant to the Commercial Tenancy (Retail

Shops) Agreement Act 1985 including - i. The term shall be for a period of 5 years with a 5 year option (in favour of both

parties) ii. The rent shall be charged at $11,000 per annum plus GST and outgoings with

annual rent reviews; and iii. The Lessee will be responsible for obtaining public liability and contents

insurance and will indemnify the Shire against any loss associated with the Lessee's use of the Hall.

3. Subject to the prioritisation of building projects and the availability of funds, include estimated funds of $130,000 for required building works including asbestos removal.

4. Approves the establishment of a reserve fund in the 2021-22 Budget for the CWA Hall pursuant to s6.9(1) of the Local Government Act 1995 and allocating any premiums, rental, fees, charges or other income from the lease into the fund for the purposes of the Hall upkeep, maintenance and repairs pursuant to the conditions in the reserves Management Order.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil


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11.1.4 CAPES REGION ORGANISATION OF COUNCILS (CAPEROC) MINUTES - 23 MARCH 2021 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE COR/22 REPORT AUTHOR Clare Tansley, Executive Assistant AUTHORISING OFFICER Stephanie Addison-Brown, Chief Executive Officer

IN BRIEF • Councils of the Shire of Augusta Margaret River and the City of Busselton established a Voluntary

Regional Organisation of Councils known as the Capes Region Organisation of Councils (CapeROC).

• The CapeROC meets on a quarterly basis, to discuss and identify opportunities to enhance the capacity of both local governments in delivering social, economic and environmental benefits to their communities and the region.

• Decisions and recommendations made at the CapeROC meetings to date are presented to Council to be noted or endorsed for action.

RECOMMENDATION That Council: 1. Notes the CapeROC meeting minutes dated 23 March 2021. 2. Endorses the CapeROC recommendation to transition to an informal meeting structure. 3. Authorises the CEO to sign the revised CapeROC Memorandum of Understanding and write to

WALGA to advise them of the transition. 4. Authorises the CEO to sign the agreement with DFES to part fund the Bushfire Risk Mitigation

Coordinator for 12 months. 5. Allocates $45,000 in the 2021-22 budget to contribute to the funding for the Bushfire Risk Mitigation

Coordinator for 12 months in accordance with the proposal from DFES and in conjunction with the City of Busselton.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Councils of the local governments of Augusta Margaret River (AMR Shire) and City of Busselton (CoB) resolved to reactivate and formalise the Voluntary Regional Organisation of Councils to be known as the Capes Region Organisation of Councils (CapeROC) meeting on a quarterly basis or as required. The CapeROC has no delegated powers and is a facilitation, advocacy and advisory body established to assist both Councils to achieve greater effectiveness and efficiency. CapeROC decisions made are not binding to the two Councils and require endorsement by either Council. This report presents a summary of the CapeROC decisions at the meeting held on 23 March 2021 and proposes that Council endorses the recommendations. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil


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Presentations Nil Business Arising from Previous Meetings Nil GENERAL UPDATES Nil CAPEROC RECOMMENDATIONS SUMMARY Review of CapeROC MOU The Shire of Augusta Margaret River and the City of Busselton (the Councils) agreed to review the structure and frequency of CapeROC meetings. The CapeROC Terms of Reference were last reviewed on 18 August 2017 and the Councils are now of the view that formal quarterly CapeROC meetings are no longer required to progress project outcomes. This report recommends that the Councils sign the revised MOU which commits the Councils to continuing to work together on projects and meet informally with all Councillors twice a year.

CAPEROC DECISION: Moved - Cr. Cristoffanini Seconded - Mayor Henley That CapeROC members recommend to their respective Councils to –

1. Agree to discontinue the current formal meeting structure for CapeROC and adopt and informal meeting structure instead.

2. Authorise the two CEOs to sign the revised MOU. 3. Following formal Council resolutions, write to WALGA advising of the decision.

CARRIED UNANIMOUSLY DFES Bushfire Risk Mitigation Coordinator Role The Chair of CapeROC sent a letter to DFES regarding the need for a continuation of a Bushfire Risk Planning Coordinator for the Shire of Augusta Margaret River and the City of Busselton. DFES has since proposed part funding of a Bushfire Risk Mitigation Coordinator at 50% for a period of 12 months. The two Local Governments have been requested to meet the other 50% between them (i.e. 25% each). This means for 2021-22, each Council will be asked to allocate approximately $45,000 (cash and/or in kind) to enable continuation of the resource across the Capes Region for the next 12 months. Following discussion CapeROC made the following decision:

CAPEROC DECISION: Moved - Mayor Henley Seconded - Cr. Cristoffanini That CapeROC endorses the proposal presented by DFES in principle and refers the budget requests to each Council for final endorsement. CARRIED UNANIMOUSLY

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 2: Welcoming, inclusive and healthy communities Outcome 6: Community health, safety and social justice in the face of changing climate Strategy 4: Enhance local emergency response and disaster management through collaboration Key Result Area 5: Effective leadership and governance Outcome 4: Community and customer focus Strategy 4: Encourage and support community - Shire projects and partnerships


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PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications There is a budget allocation for 2021-22 for $40,000 for CapeROC which could be reallocated towards the cost of the Bushfire Risk Mitigation Coordinator for a 12 month period. Long Term Financial Plan An annual contribution to support CapeROC has been included in the Long Term Financial Plan, but may be reallocated should Council agree to transition to an informal model. Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social and Economic The Projects that CapeROC has prioritised are focused on providing improved social and economic benefits for the communities within the Capes Region. ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes the CapeROC meeting minutes dated 23 March 2021. 2. Endorses the CapeROC recommendation to transition to an informal meeting structure. 3. Authorises the CEO to sign the revised CapeROC Memorandum of Understanding and write to

WALGA to advise them of the transition. 4. Authorises the CEO to sign the agreement with DFES to part fund the Bushfire Risk Mitigation

Coordinator for 12 months. 5. Allocates $45,000 in the 2021-22 budget to contribute to the funding for the Bushfire Risk Mitigation

Coordinator for 12 months in accordance with the proposal from DFES and in conjunction with the City of Busselton.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Minutes of the CapeROC Meeting - 23 March 2021 2. DFES proposal to CapeROC regarding the Bushfire Risk Mitigation Coordinator role 3. Revised CapeROC Memorandum of Understanding


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11.1.5 MODEL STANDARDS FOR CEO RECRUITMENT, PERFORMANCE AND TERMINATION LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE PRL/3 REPORT AUTHOR Nic Nitu, Coordinator Human Resources AUTHORISING OFFICER Ian McLeod, Manager Legal and Governance

IN BRIEF • The State Government has enacted new legislation requiring all local governments to adopt

mandatory minimum standards that cover the recruitment, selection, performance review and early termination of local government Chief Executive Officers.

• The Local Government (Administration) Amendment Regulations 2021 (CEO Standards Regulations) bring into effect section 22 of the Amendment Act.

• The Model CEO Standards provide a framework for local governments to select a CEO, review their performance and terminate their contract of employment early, in accordance with the principles of merit, probity, fairness, equity and transparency.

RECOMMENDATION That with respect to the new mandatory minimum standards that cover the recruitment, selection, performance review and early termination of local government Chief Executive Officers, Council: 1. Pursuant to section 5.39B (2) of the Local Government Act 1995, adopt the new Model Standards

for Chief Executive Officer Recruitment, Performance and Termination as detailed in Attachment 1; and

2. Pursuant to section 5.39B (6) of the Local Government Act 1995, request the Chief Executive Officer to ensure that the adopted Standards are published on the Shire’s official website, as soon as practical.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The following regulations took effect on 3 February 2021, implementing the remaining parts of the Local Government Legislation Amendment Act 2019: • Local Government (Administration) Amendment Regulations 2021; • Local Government Regulations Amendment (Employee Code of Conduct) Regulations 2021; and • Local Government (Model Code of Conduct) Regulations 2021. Key features of the regulations relating to recruitment, selection, performance review and early termination of local government Chief Executive Officers include the requirements to: • establish a selection panel comprised of council members and at least one independent person to

conduct the recruitment and selection process for the position of CEO; • establish a performance review process by agreement between the local government and the CEO;

and


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• conduct a recruitment and selection process where an incumbent CEO has held the position for a period of ten or more consecutive years on expiry of the CEO’s contract.

In addition, requirements for advertising vacant CEO positions have been updated to align with amendments to state-wide public notice provisions. Local governments are required to prepare and adopt the Model Standards within three months of these regulations coming into effect (by 3 May 2021). Until such time as a local government adopts the Model Standards (with or without minor permitted variations), the regulations apply. Local governments that have a CEO recruitment process currently underway, or are about to commence a CEO recruitment process, are encouraged to contact the Department to discuss compliance with the new Standards. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Manager Legal and Governance DISCUSSION / OFFICER COMMENTS It is considered that the model standards are satisfactory to be adopted without modification, (Attachment 1), however Council is at liberty to adjust them, as long as they are not inconsistent with the default standards in the regulations. There is a requirement to adopt a set of Standards by 3 May 2021. The current Chief Executive Officer’s contract doesn’t expire until 16 July 2024 and on this new legislative change, is only renewable for up to one more 5 year term, if both parties are agreeable, before the Council is legally bound to advertise the position in accordance with the adopted standards of the day. The current process for review of the current Chief Executive Officer’s performance is consistent with the model requirements and The proposed process for early termination of a Chief Executive Officer’s contract of employment appears fair and reasonable. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Sections of the Acts, Regulations and/or Local Laws that apply to this item include:

• Local Government Act 1995, Section 5.39B; • Local Government (Administration) Amendment Regulations 2021; and • Local Government (Administration) Regulations 1996.

5.39B, States: “Adoption of model standards (1) In this section — model standards means the model standards prescribed under section 5.39A(1). (2) Within 3 months after the day on which regulations prescribing the model standards come into operation, a local government must prepare and adopt* standards to be observed by the local government that incorporate the model standards. * Absolute majority required. (3) Within 3 months after the day on which regulations amending the model standards come into operation, the local government must amend* the adopted standards to incorporate the amendments made to the model standards. * Absolute majority required.


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(4) A local government may include in the adopted standards provisions that are in addition to the model standards, but any additional provisions are of no effect to the extent that they are inconsistent with the model standards. (5) The model standards are taken to be a local government’s adopted standards until the local government adopts standards under this section. (6) The CEO must publish an up-to-date version of the adopted standards on the local government’s official website. (7) Regulations may provide for — (a) the monitoring of compliance with adopted standards; and (b) the way in which contraventions of adopted standards are to be dealt with”. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key result area 5: Effective leadership and governance Community Outcome 3: Highly capable and engaged people PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications The adoption of the model standard is likely to only have a nominal impact on the direct cost of CEO recruitment. This by virtue of the additional administrative requirements to have an external person (in addition to the consultant) on the recruitment panel, which may require remuneration, but is often provided free of cost. Prior to these legislative changes, the recruitment of a Chief Executive Officer for a band 2 local government, utilising a licenced consultant, would cost approximately $40,000. The adoption of the ‘minimum’ standard will certainly require additional administrative time and resources, due to recording requirements and the requirement that any contractual variation be agreed by resolution of the Council. Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Absolute Majority RECOMMENDATION That with respect to the new mandatory minimum standards that cover the recruitment, selection, performance review and early termination of local government Chief Executive Officers, Council:


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1. Pursuant to section 5.39B (2) of the Local Government Act 1995, adopt the new Model Standards

for Chief Executive Officer Recruitment, Performance and Termination as detailed in Attachment 1; and

2. Pursuant to section 5.39B (6) of the Local Government Act 1995, request the Chief Executive Officer to ensure that the adopted Standards are published on the Shire’s official website, as soon as practical.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Draft Shire of Augusta Margaret River CEO Recruitment and Selection, Performance Review and

Termination Standards


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11.1.6 CONTRIBUTION TO DISTRESS RELIEF FUND - TROPICAL CYCLONE SEROJA APPEAL LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE CSV/45 REPORT AUTHOR Claire Schiller, Governance Officer / Council Support AUTHORISING OFFICER Stephanie Addison-Brown, Chief Executive Officer

IN BRIEF In response to the recent cyclone Seroja in WA’s mid-west coast, which led to significant property losses, Council is requested to consider donating $10,000 to the Lord Mayor’s Distress Relief Fund. RECOMMENDATION That Council donates $10,000 to the Lord Mayor’s Distress Relief Fund Cyclone Appeal. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Tropical cyclone Seroja has caused widespread damage across WA’s mid-west coast. CONSULTATION AND ADVICE Nil Internal Consultation Manger Corporate Services DISCUSSION / OFFICER COMMENTS Due to the catastrophic destruction a generous response is warranted from the Shire of Augusta Margaret River on behalf of ratepayers knowing full well from experience the long and difficult road to be travelled in leading the recovery process. A donation of $10,000 will ensure that assistance can be given across the various communities and sectors who have been severely impacted by the cyclone. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 5: Effective leadership and governance Community Outcome 4: Community and customer focus PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications The current donations budget of $11,900 has been exhausted due to the recent donation to the Perth bush fires. This donation of $10,000 can be funded through a reallocation of unspent funds from the CapeROC budget for 2020-21


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Long Term Financial Plan Nil Whole of Lifecycle Considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Many houses have been destroyed causing a massive dislocation of the community which also impacts directly on families and communities. The donations will assist in alleviating this impact. Economic Tourism may be affected. Communities have been dislocated and expenditure in local towns and regions will fall. The cost of rehabilitating the environment will be extreme and donations from across Australia will be essential to rebuilding the economies of these affected communities. ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council donates $10,000 to the Lord Mayor’s Distress Relief Fund Cyclone Appeal. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS Nil


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11.2.

Sustainable Development and Infrastructure


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11.2.1 FINAL ADOPTION OF LOCAL PLANNING STRATEGY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE LND/156 REPORT AUTHOR Matt Slocomb, Strategic Projects Officer and Matt Cuthbert, Manager

Planning and Development Services AUTHORISING OFFICER Nick Logan, Director Sustainable Development and Infrastructure

IN BRIEF • In April 2018, Council resolved to initiate a review of the Shire’s Local Planning Strategy (LPS) and

Local Planning Scheme. • The draft LPS and Scheme have been guided by an extensive pre-consultation program

undertaken between 2018 - 2019. Certification was provided by the Western Australian Planning Commission (WAPC) in March 2020, and the certified Strategy was put to Council on the 26 August 2020 before consultation commenced.

• The consultation program for the Strategy was combined with consultation on the review of the Community Strategic Plan, involving an independent facilitator and place-based workshops over November 2020, concluding in December.

• The majority of submissions received in response to the LPS are site based, with a number of modifications proposed in response to the outcomes of consultation.

RECOMMENDATION That Council: 1. In accordance with regulation 14(2)(b) of the Planning and Development (Local Planning

Schemes) Regulations 2015 support the Local Planning Strategy with modifications outlined at attachment 2, to address issues raised by the submissions; and

2. In accordance with regulation 14(3) submit the Local Planning Strategy to the Western Australian Planning Commission for final endorsement.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND The Shire’s current Local Planning Strategy was approved by the WAPC in 2011. A minor review was undertaken in 2016 which resulted in the incorporation of the Shire’s Local Tourism Planning Strategy, and the inclusion of detailed criteria guiding the re-subdivision of rural residential land. In April of 2018, Council resolved “….pursuant to Regulation 66(3) of the Planning and Development (Local Planning Schemes) Regulations 2015 to recommend to the Western Australian Planning Commission that: 1. The Shire of Augusta Margaret River Local Planning Strategy should be reviewed to ensure that it

addresses contemporary planning, economic, social and environmental issues as will be informed by a comprehensive consultation process; and

2. The Shire of Augusta Margaret River Planning Scheme No.1 should be amended to accord with a revised Strategy.”


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Agreement was provided by the Western Australian Planning Commission on the 14 August 2018 for the Shire to prepare a new Local Planning Strategy. This was followed by a period of pre-consultation, with a draft version of the Strategy presented to Council on the 14 August 2019. At that meeting Council resolved as follows: 1. In accordance with clause 12(1) of the Planning and Development (Local Planning Schemes)

Regulations 2015, provides the draft LPS2036 (Attachment 1) with confidential amendments included, to the Western Australian Planning Commission (WAPC) and request consent to advertise;

2. Notes that the WAPC may require changes to the document prior to providing its consent, and that staff will make Council aware of any such changes prior to advertising;

3. Notes that the document will be subject to further formatting and mapping improvements prior to advertising; and

4. Thanks all of the individuals and groups who have provided input throughout the pre-consultation period and encourage the community to continue to engage in the forthcoming consultation process.

The Local Planning Strategy was considered by the WAPC on the 10 March 2020, at which time ‘certification’ or ‘consent to advertise’ was provided subject to a number of changes. The required changes were made by the Shire and the Local Planning Strategy was formally certified on the 17 August 2020. On the 26 August 2020 Council formally noted the changes required by the WAPC and consultation was subsequently conducted between September and December 2020. THE PROPOSAL The proposal is for Council to provide support for the Draft Local Planning Strategy, therefore allowing it to be sent to the WAPC for final adoption, inclusive of a series of recommended modifications in accordance with the Schedule of Modifications at Attachment 2, as well as the schedule of submissions at Attachment 3. The WAPC is provided with 60 days to consider the Strategy in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015. This should result in the 2011 Strategy being replaced by the draft Strategy midway through 2021. CONSULTATION AND ADVICE As previously discussed, an extensive pre-consultation process was undertaken over the course of 2018 before drafting of the Strategy commenced. This involved a series of workshops on particular themes which informed the preparation of the draft document. The statutory consultation process commenced in September 2020, including a copy of the Strategy being posted on the project ‘Your Say’ page. Submissions were also invited via the project email address. A combined consultation program was also carried out the review of the Shire’s Community Strategic Plan. The ‘Our Place’ consultation program occurred through November 2020, which comprised of the following: • Workshops hosted in Margaret River, Witchcliffe, Gnarabup, Cowaramup, Karridale and Augusta.

An independent facilitator was appointed to run the workshops, provide everyone an opportunity to participate and provide impartiality to the sessions.

• Pop ups in Margaret River, Cowaramup and Augusta which provided an opportunity for community members to have one on one discussions with Shire staff in an informal setting.

The program allowed for cross promotion of the two projects, as well as more effective use of the Shires resources and avoided ‘consultation fatigue’. Throughout the consultation period an online survey located on the ‘Your Say’ project page was also available. The significant consultation exercise was conducted in addition to standard consultation processes outlined by the Regulations, such as referral of the document to State Government authorities.


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It is estimated that a total of 477 people engaged in the preparation of LPS2036, with a breakdown of that number provided below: Pre-consultation • 75 participants from the pre-consultation workshop program. • 90 students involved in the youth consultation program. • 12 participants in specialised environmental consultation.

Statutory Consultation • 129 workshop participants. • 79 people participated in the three pop-ups (Augusta, Cowaramup, Margaret River). • 16 online survey responses. • 76 direct email or handwritten submissions (including 9 from government agencies or service

providers). A consultation outcomes report (including the schedule of submissions which can be found at Attachment 3), providing an overview of the consultation process and submissions received and will be published on the project page following Council’s determination. A summary of the key issues raised through the consultation is covered in the Discussion/Officer Comments section of the report. DISCUSSION / OFFICER COMMENTS The key issues raised through the consultation process are listed below, and discussed in turn thereafter: • Artisan Village Lots – Parkwater • Population change since drafting the Strategy, Covid and Rural Population Trends and Land Supply • Karridale/Kudardup Land Releases • Cowaramup Perimeter Road • Cowaramup Expansion • Rural Residential Area Wallcliffe/Caves Road • Former Rural Residential Designations with Tourism Potential. Artisan Village Lots – Parkwater The Parkwater lots, were the subject of the greatest number of submissions. 26 submission were received in objection to the change to the designation of these lots, 1 was indifferent and 1 in support. The existing Local Planning Strategy (2011) identifies these sites as ‘Mixed Use’ (Lot 153 & 154) and ‘Rural’ (Lot 544), both of which were given a tourism designation by the advertised Draft LPS2036. The sites are zoned ‘Special Use’ under the Shires Local Planning Scheme No.1, with existing development potential for a range of uses on Lot 154, and low key development on Lot 544 both comprising of an ‘artisans village’ intended to provide a mixed of small cottage based retail, higher density residential development and tourism accommodation.


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Figure 1 – 2011 Strategy designations for the above lots

Figure 2 – LPS2036 designations for the above lots as advertised The various strategic documents that apply to these lots have labelled these sites in a number of different ways. For lot 154 the West Cowaramup Townsite Strategy identified the site as ‘artisan/tourism village centre’, a further more detailed ‘structure plan’ identifies the site village centre and includes a short stay accommodation lot, and in the case of Lot 544 the structure plan for this lot identifies the site as a cultural activities precinct. The predominant factor that has led to the change is that the Mixed Use designation formerly applied to the site under the current LPS is no longer being used. Whilst the LPS2011 had mixed use designations, this never translated to a ‘mixed use’ zone. LPS1 had development standards to achieve mixed use development outcomes, so a dedicated mixed use zone was not required, rather, the land was zoned based on what was most appropriate for its intended use. Taking into account the removal of the mixed use designation, a Tourism designation was considered the best fit based on the types of development that can occur on the site as set by the Local Planning Scheme and to ensure Bussell Highway is maintained as the key commercial centre for Cowaramup. It was not intended that this would translate to a change to the zoning of the land under the Local Planning Scheme, which is a ‘Special Use’ zone. This change was largely opposed for the following reasons: • A perception that the tourism designation would allow for a resort or more intensive form of

development that would deviate from the artisan village intent of the site.


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• Tourism development was inappropriate for the predominantly residential area surrounding the lots.

• Concern that the designation of lot 544 changing from rural to tourism would lead to more intensive forms of development.

Shire officers have taken every opportunity to discuss this matter with all concerned residents both individually and in groups. Whilst the concerns would require a change to the zoning to be realised (which is not proposed) it is recommended that the designations should be changed to reflect the feedback received by the community. Text is recommended to be added to the Strategy to reinforce the intent for the site as the artisan village, providing for low key commercial use, with an emphasis on products created on site with incidental tourism opportunities. It will be highlighted that the centre shall not be developed in such a way as to detract from the primacy of the existing Cowaramup town centre on Bussell Highway. In addition to the above, a submission was provided on behalf of the landowner opposing the tourism designation, along with the boundary between the parks and recreation and artisan village. The submission requested the lots be changed to ‘village centre’ or back to the mixed-use designation and the boundary altered to reflect the extent of development approved and works undertaken at the site. The landowner and community concern can be addressed through proposed mapping changes as depicted at Figure 3.

Figure 3 – Recommended mapping changes to respond to community comments Population change since drafting the Strategy In the time that has elapsed since the Strategy was drafted in mid-2019, there have been significant flow on impacts from the Covid 19 pandemic as a result of measures to encourage economic activity, limitations on peoples travel, migration and greater flexibility of work from home arrangements that have brought about a sudden change in population in some regional towns. Throughout the consultation process, submissions suggested that because of this sudden change, land identified for future development would be insufficient. In order to ensure that the Strategy takes into account the population change bought about by Covid-19 and test the validity of these comments, some additional demographic analysis has been undertaken. The annual average growth for the Shire between 2016 – 2018 was 3.4%. The estimated resident population for 2019 put the Shire at 16,172, which was reflective of a 3% growth rate from 2018, representing a small drop on the previous years. The initial release of the estimated resident population for 2020 provided by the ABS is 16,701, an increase of 519 people representing a 3.2% growth rate from 2019, and trending upwards.


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The 2020 estimate exceeds the prediction for 2021 (scenario 1) included in the draft Strategy and shows the estimates previously provided by the State demographer are likely to be exceeded over the short to medium term.

As a way of comparing current trends with the predicted population at 2021 provided by the State demographer (in advance of census data), information regarding the number of building permits can be utilised. A total of 226 building permits have been issued this financial year (until February), which would translate to 400 additional people taking into account the Shires average rates of occupancy (70.8%) and people per dwelling (2.5). If this trend were to continue for the remainder of the year it would mean approximately 340 dwelling permits will be issued over the 20/21 financial year, well above the 251 approved in 19/20 and 245 in 18/19. This would lead to an estimated population change of about 600 people, taking the Shires population to approximately 17,302. This will easily exceed the scenario 1 projection for 2021 but remains below the Scenario 2 & 3 projections. Despite high levels of building activity there remains doubt as to whether this represents a short-term spike or a long term trend. Whilst the short term outcomes of the building grants program suggest there will be a spike in building approvals, construction activity and population, this may not translate to sustained growth into the longer term. As evidenced by the projections, the 2021 estimates for Scenario 2 & 3 are not anticipated to be exceeded, and there is sufficient land in the Shire to accommodate these higher growth scenarios. For this reason, the identification of additional land is not required at this point in time. Karridale/Kudardup Land Releases Submissions were received in response to the timing set in the Strategy for specific land parcels in Karridale and Kudardup. For each growth area, the Strategy sets out ‘planning matters to be addressed’. In the case of Precincts K3 and K4 in Karridale and KU3 in Kudardup, these matters include a staging requirement that subdivision and development would only be supported following the substantial completion of the existing development areas (K1 and K2 in Karridale and KU1 in Kudardup).


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The effect of these requirements is to create artificial ‘staging’ of development, intended to address the following: • To ensure development progresses in an orderly fashion contiguous to established areas, such

that services can be provided in a way that does not increase the cost of delivering the lot to the market, and increasing cost for the eventual buyer.

• A recognition of the slow pace which these areas were being developed (at the time of writing) and avoiding an over identification of land for development.

Since the Strategy was written in 2019 there has been considerable progress in these townsites. In Karridale, subdivision at K2 is being progressively undertaken and a first release of lots has been created in K1. Owing to site constraints in K1, the lots will be different to those provided in K2 and provides for greater choice and diversity for home builders. In principle approval was granted to the rezoning of K4 in 2014, however final scheme amendment documentation has not yet been provided and in addition, structure planning and subdivision approval would be required prior to creation of titles. This would lead to an estimated 5-year timeframe before lots would be capable of being delivered even if planning commenced immediately. As is the case in Karridale, KU1 in Kudardup has subdivisional approval and stage 1 is now being implemented. Like K4 in Karridale, KU3 in Kudardup will require rezoning, structure planning and subdivision approval and clearances and would be estimated at least 5 years before the release of any lots. For the reasons outlined there will be a natural staged release of land not requiring the Shire’s intervention. In addition to the above, staging requirements could inadvertently allow one party to control supply, which could increase the cost and reduce the diversity of options available. For this reason, the Strategy is proposed to be modified to include these properties within the growth calculations over the life of the Strategy. With specific reference to K3 in Karridale, this land has not previously been identified for development through the structure plan process applicable to the site, which shows this area as priority agriculture (although it is zoned ‘Future Development’). The owner wishes to progress development of K2 in a northerly direction which would encompass this land. While the site has less limitations than that of K1 from a planning perspective, it would represent a marked departure from the Karridale Hamlet Strategy and existing strategic direction for Karridale. It is considered a change of this nature would warrant more detailed consideration and targeted consultation. For this reason it is recommended that the applicable ‘planning matters to be considered’ outlined in the Strategy, be updated such that it is made clear that structure planning and subdivision of this portion of land need to be preceded by a review of the Karridale Hamlet Strategy. Cowaramup Expansion A submission has been made on behalf of the owners of Lot 556 Bussell Highway and Lot 559 Miamup Road, Cowaramup, requesting that these properties be identified as a future urban growth area.


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A key justification for this as provided by the landowner is population change brought about by Covid-19, alongside the rapid growth historically experienced in Cowaramup. This has been discussed in greater detail in the previous demographic analysis, which shows there is sufficient land identified in the Shire to accommodate higher growth rates than those predicted by the State Government. Cowaramup was estimated to have a population of 1648 at 2018. Building permits have been used by the Shire as an indicator to determine the likely population change in subsequent years, which are provided below:

Year Building Permits Additional Population*

Total %change

2018/19 42 103 1751 6.25 2019/20 31 76 1827 4.34 2020/21 (as at 1/4)

39 (48 estimate) 118 1945 6.45

*Based on 2.9 people per dwelling and 85.1 per cent occupancy Based on the above, average population change since 2018/19 is around 5.6 percent on average per year, which is an increase on the lower annual average rate of 2.13% between 2016 – 2018. In terms of potential growth areas and undeveloped land in Cowaramup, this consists of the following: • 113 lots for the final stage of Parkwater • Approximately 66 lots to be created in Symphony Waters • 243 lots in urban growth areas C1 – C3 • 300 lots in future urban growth area C5 Overall, and including existing vacant lots there are approximately 805 lots which could be made available over the life of the Strategy. This does not take into account the Parkwater Artisan Village, which will also consist of a number of additional dwellings. Even at historical high levels of growth there appears sufficient lots to cater for future demand in the medium term. Cowaramup has historically had a high percentage of growth, explained in part by a low base population, the proximity to Margaret River and Busselton and the unique option Parkwater provided for larger lot living. As outlined in the Strategy document, Parkwater is nearing completion, and the remaining development areas are unlikely to offer the same level of amenity being pastured sites with comparatively minimal amounts of remnant vegetation. Larger, partly vegetated lots will become available in Witchcliffe in the short term, and it is possible that this may attract a greater share of sales for large residential lots. Longer term the economic conditions

Lot 559

Lot 556


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brought about by stimulus measures may return to normal levels, and there may be a significant reduction in building activity compared to that stimulated by State and Federal building grants. Notwithstanding, if higher growth of Cowaramup was to continue the townsite could be close to capacity towards the end of the 15 year life of the Strategy document. For this reason, it is recommended that an action be included in the LPS to undertake a more detailed supply analysis in 5 years time review population change, with the benefit of updated census data to determine if additional land is required to be identified. If growth at that time suggests a need to review the Cowaramup Townsite Strategy, a detailed assessment will occur comparing the relative merits of one potential development site against another, which to date has not occurred. For this reason a potential medium term target is set for the review of the Cowaramup Townsite Strategy. Cowaramup Perimeter Road Main Roads provided the following feedback on the draft Local Planning Strategy: Main Roads would welcome the opportunity to discuss with the Shire the need for planning for a future Cowaramup Bypass Road to ensure any long term requirements are considered in the proposed Local Planning Strategy. These comments are consistent with those in the Leeuwin Naturaliste Ridge Sub Regional Strategy prepared by the State Government which states: “The alignment of a potential bypass route for Cowaramup townsite will be an important factor in the extent of future development to the east of the townsite”. The issue of traffic within the Cowaramup townsite was raised repeatedly at the Cowaramup consultation sessions. Notwithstanding, there was not a clear consensus on ‘how’ to address this issue. A bypass would appear to be one of several options including lowering the speed limit in town and looking at other methods to calm traffic. The issue of a Cowaramup bypass was considered as a part of the development of the Cowaramup Village Strategy in 2005. At that time concerns were raised that a bypass would draw passing traffic away from the retailers located on the main street, thus reducing the sustainability of the town centre. Publicly available data from Main Roads has the 2017/2018 average number of weekly vehicle movements at 6461 vehicles, comprising of 85.6% passenger vehicles and 14.4% trucks, which is a notable increase from 2005 where the proportion of heavy vehicles was less than 5% compared to passenger vehicles. It is acknowledged that traffic within the Cowaramup town centre is of concern. In any event, if a bypass is put forward as a means to resolve the issue, this will need to be progressed by the road manager (Main Roads) through a separate and detailed process inclusive of high levels of community consultation. The Shire would logically participate in, but not lead the process. It is appropriate that the Strategy identifies responses to traffic concerns, but it is recommended that the Shire refrain from committing to the development of a bypass until other measures are explored. If a bypass were to be investigated, it would be recommended that this be incorporated into any future review of the Cowaramup Townsite Strategy to ensure that the traffic concerns are considered holistically with broader land use considerations. Rural Residential Properties The WAPC required the Shire to change the designation of a number of properties previously identified as ‘rural residential’ by the 2011 Strategy to ‘rural’ before the Strategy could be advertised. These properties, for the most part had not been rezoned to rural residential, but were identified in previous strategic planning (Leeuwin Naturaliste Ridge State Planning Policy and 2011 Strategy) as having rural residential potential, and the effect of this change results in the loss of the ability to explore rural residential subdivision (lots down to 1 – 3ha). There were two key reasons influencing this change, being: • Consistency with the review of the Leeuwin Naturaliste Ridge State Planning Policy through the

Leeuwin Naturaliste Subregional Strategy, which takes a strong position against the development of new rural residential areas; and


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• A low likelihood of meeting the Planning for Bushfire Protection Criteria as determined through the Bushfire Hazard Level prepared in advance of the Strategy and feedback from the Department of Fire and Emergency Services.

The sub regional Strategy identifies the following issues with continued rural residential development: • The cost to local government of servicing these areas is comparatively high. • Conflicts with surrounding agricultural land and their respective conflicting expectations. • The removal of vegetation and loss of high value biodiversity habitat to comply with bushfire criteria

often conflicts with landowner and community expectations. The most substantially affected area of land impacted by this change is at the corner of Wallcliffe and Caves road, consisting of 7 separate landholdings. Development has previously commenced to the eastern side of the site, with a small pocket of low-density residential development occurring on ‘Offshore Crest’ with the south eastern portion of the side identified for tourism development.

Because the WAPC has previously requested that these sites be identified as ‘rural’, there is a strong possibility that, notwithstanding what the Shire may recommend, the Commission will maintain their position. Putting the WAPC’s future consideration to one side there are two key matters which should be considered to inform what the Shire’s recommendation ought to be. The first relates to the capacity of the land to be developed in way which has the potential to adhere to relevant policies, in particular those aimed at bushfire safety. A bushfire hazard level assessment that was undertaken by the Shire and peer reviewed by a level 3 bushfire consultant was provided to DFES as part of the consultation process. They have advised that the subject area has a low capacity to be able to achieve compliance. Given this position, it is likely that any future planning proposals would be met with resistance from DFES. This would pose significant challenges to the land owners. Despite this, landowners have indicated that they are prepared to accept a level of risk that future plans may not ultimately be supported by State Government agencies. The second issue is whether or not development within the subject area can be undertaken in a way which is respectful to the environmental and landscape qualities of the land which are significant. The sites abut and can be viewed from the Margaret River, Caves Road and Wallcliffe Road, contain substantial areas of native vegetation and waterways flow through the land linking with the river. Without any form of detailed planning having been undertaken for the sites, there is doubt as to whether a sustainable and viable development can be achieved having regard to these factors. Having regard to the WAPC’s position with respect to this land, and the technical and geographical constraints as discussed, there is an option for the Shire to draw these matters together and provide an opportunity for landowners to attempt to realise long held and legitimate development aspirations which

Lot 401

Lot 1 Lot 2

Lot 918

Lot 3

Lot 5021

Lot 503


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are compliant with contemporary values and policies. A comprehensive precinct level structure plan, if prepared across all lots could assist in resolving: • Road links between and into/out of the area to achieve better bushfire safety outcomes; • Cells throughout the land where development could be supported from a landscape perspective

having regard to landscape assessment of the entire precinct; • Identification of all environmental features requiring of protection, consistent mechanisms for

management of such land and a subdivision design which responds to these features. A precinct level structure plan would provide certainty to all landowners and may alleviate some of the issues which have been cited by the WAPC in their previous decision not to support future subdivision of the land. It is recommended that that this would be undertaken as a precursor to any rezoning to confirm its suitability for this form of development. A modification to this effect will be included in the Schedule of Modifications. Tourism/rural discussion There are a number of sites which are identified as ‘rural residential’ by the current Strategy, and which the WAPC has required the Shire to change to ‘rural’. The zoning of the lots however, is ‘chalet and camping’. Rather than apply the rural designation required by the WAPC it is recommended that a ‘tourism’ designation would be more appropriate as it creates consistency with the Scheme. A modification is included accordingly. Policies for Development Assessment A modification has been proposed to encompass the objectives of the Strategy into policy statements which can be utilised together with the Local Planning Scheme to control development. Some of the key policies address factors such as rural primacy, occupancy of key tourism sites, requirements for tourism in the rural zone to have no impacts on productivity and management of land use conflict to be borne by non-rural uses in the rural zone. All proposed policies are included in the Schedule of Modifications. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The review of the Local Planning Scheme and Strategy is being progressed following the detailed statutory process outlined by the Planning and Development Act 2005, and the Planning and Development (Local Planning Schemes) Regulations 2015. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme No. 1 (LPS1) Service Level Strategy/Plan: Strategic Planning Services PLANNING FRAMEWORK Section 14 of the Planning and Development (Local Planning Schemes) Regulations 2015 sets out the process for finalising a Local Planning Strategy as follows: Consideration of submissions (1) After the expiry of the period within which submissions may be made in relation to a local planning

Strategy, the local government must review the Strategy having regard to any submissions made.

(2) The local government may — (a) support the local planning Strategy without modification;

or (b) support the local planning Strategy with proposed modifications to address issues raised in

the submissions.


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(3) After the completion of the review of the local planning Strategy the local government must submit

to the Commission — (a) a copy of the advertised local planning Strategy; and (b) a schedule of the submissions received; and (c) particulars of any modifications to the advertised local planning Strategy proposed by the

local government. In accordance with Regulation 15 of the Planning and Development (Local Planning Schemes) Regulations 2015, the Commission is required to endorse or refuse to endorse the Strategy within 60 days of receipt of the Strategy, unless this timeframe is extended by the Minister or an authorised person. FINANCIAL IMPLICATIONS Implications Nil Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental The Strategy includes a large number of measures that will result in greater environmental outcomes, from removing previous development investigation areas of vegetated land, mapping and providing responses for key environmental assets within the Shire through to improving the level of sustainability of new dwellings. Social The Strategy places significant emphasis on the landscape qualities of the Shire as well as the elements of the built environment that contribute to the Shires character. The Strategy will aim to deliver a greater diversity of housing options for people within the Shire in an attempt to address the current affordability issues being experienced by residents. Economic The Strategy will reduce the number of applications for low risk forms of development and unnecessary red tape which can be a source of frustration for local businesses. The Strategy promotes the continuation of the strong agricultural and tourism industries which are crucial to the local economy of the Shire. ADVOCACY There are elements of the draft documents which differ from the ‘standard’ content recommended by the WAPC and applied across the state. Staff have and will continue to advocate for bespoke content where it is necessary to address the unique environmental, social and cultural elements of the Shire. IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. In accordance with regulation 14(2)(b) of the Planning and Development (Local Planning Schemes)

Regulations 2015 support the Local Planning Strategy with modifications outlined at attachment 2, to address issues raised by the submissions; and

2. In accordance with regulation 14(3) submit the Local Planning Strategy to the Western Australian Planning Commission for final endorsement.


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ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Local Planning Strategy 2036 as advertised 2. Schedule of Modifications 3. Schedule of Submissions


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11.2.2 PROPOSED HOLIDAY HOUSE - 72 (LOT 211) WOODITCH ROAD, MARGARET RIVER LOCATION/ADDRESS 72 (Lot 211) Wooditch Road, Margaret River APPLICANT/LANDOWNER Bradbury JS FILE REFERENCE PTY/7120 REPORT AUTHOR Don Bothwell, Senior Planning Officer AUTHORISING OFFICER Nick Logan, Director Sustainable Development and Infrastructure

IN BRIEF • Development approval is sought to use an existing single dwelling for a Holiday House to

accommodate a maximum of six guests. • A 12 month approval (P216523) for a Holiday House (Large) was issued on 15 November 2017

and has subsequently lapsed. • The current application was accompanied by a Bushfire Management Plan (BMP) and Bushfire

Emergency Evacuation Plan (BEEP) which was modified after comments were received from the Department of Fire and Emergency Services (DFES).

• A variation to State Planning Policy 3.7 – Planning in Bushfire Prone Areas (SPP3.7) in relation to the single road access to the site is proposed and considered to be supportable for the reasons outlined in the Discussion section of this report.

• The application is therefore recommended for approval. RECOMMENDATION That Council conditionally approves the application. LOCATION PLAN 72 (Lot 211) Wooditch Road, Margaret River (the site) is 1.370 hectares, and is zoned ‘Rural Residential’ (see figure 1 below). Of note is the adjoining lot to the southeast of the land that is zoned ‘chalet and camping’ and can therefore be used for short stay purposes.


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Figure 1: Location Plan TABLED ITEMS Nil BACKGROUND A single dwelling was approved on 11 April 2000 and has been constructed to the BAL19 standards in accordance with AS3959. The existing dwelling has three bedrooms and two bathrooms. On 15 November 2017, a 12 month approval for a Holiday House (Large) was issued on 15 November 2017. A condition of this approval was that the short stay use of the dwelling be limited to six people or up to 10 people (Holiday House – Large) if the effluent disposal system is upgraded to the satisfaction of the Shire and the Department of Health. It is noted that the owner/applicant did not proceed with the upgrading of the effluent disposal system and therefore the original approval operated as a Holiday House with a maximum of six people. There were no complaints received from surrounding landowners in the time in which the Holiday House was operating under the above approval. The land use of a Holiday House ceased when the 12 month validity period for the approval lapsed and was not renewed by the landowner. The subject matter was considered by Council’s Development Assessment Unit and recommended for approval. The matter was subsequently ‘called in’ by Council for final determination. CONSULTATION AND ADVICE The application was referred to surrounding landowners as required by the Shire’s Local Planning Scheme No. 1 (LPS1). One submission of objection and one submission of indifference was received during the advertising period from two adjoining landowners as per below:

Nature of Submission Officer Comments Indifferent

• Our indifference is conditional upon the property being subject to professional supervision with the ability to contact a manager after hours, at any time, should there be a need to. If this were to be, we would not object.

Objection

• The large size of the house will result in large group bookings that are likely to disturb surrounding houses.

• The area already has ample

accommodation options.

• The property is in a fire risk area and is poorly maintained to the AMR standard.

Noted. The recommended conditions which are standard for the land use of Holiday Home within the Shire deal with the supervision and management of the property with an employee of the Manager required to be attend to any callout within 35 minutes of a reported incident. The 24-hour contact details of the Manager are required to be displayed on a sign that is clearly visible from the nearest street frontage. The concerns are noted, however, the Holiday House is proposed to be limited to no more than 6 people and as such is not categorised as a Holiday House (Large) under LPS1 which are limited to up to 12 people. An employee of the Manager resides in close proximity to the property to address any issues, should they arise. Noise is also addressed through the requirement for House Rules, which is reflected as a condition of any approval for a Holiday House. Noted. However, the number of short-stay accommodation options available within the Shire is not strictly a planning matter and is market driven. It is noted that the Single Dwelling at the subject property has been previously approved and operated as a Holiday House with the most recent approval being issued on 15 November 2016 and has subsequently expired. Noted. The Shire’s Ranger’s Services inspected the property in January 2021 and it was been determined to be compliant with Local Government Firebreak and Fuel Reduction Notice and standards for Asset Protection Zones.


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The application was referred to DFES who did not support the BMP as originally submitted based on non-compliance with SPP3.7 and the supporting guidelines for elements including location, siting and design, vehicular access and water DISCUSSION / OFFICER COMMENTS Given that the planning approval for a Holiday House lapsed and was not renewed during the 12 month validity of the approval, the owner/applicant was required to submit a BMP and BEEP with the new planning application to satisfy the relevant planning framework around bushfire mitigation which was not in place when the Holiday House was approved by the Shire in 2010. The BMP and BEEP were referred to DFES for comment. In response to comments received by DFES and discussions with Shire staff, the owner/applicant and their Bushfire Consultant submitted revisions to the BMP (Attachment 1). The BMP revision addresses the acceptable solution (policy measure) under the Position Statement for a Holiday House where the dwelling is existing and is outside of a residential built-out area. The application shares some similarities to a Holiday House (Large) at 39 (Lot 21) Isaacs Road, Margaret River approved by Council at its ordinary meeting held on 9 December 2021. This lot, like 72 Wooditch, was accessed by a single road. Both applications had existing dwellings on the respective sites and were located outside a residential built-out area. As such, both the applications were required to demonstrate compliance with the acceptable solutions of Table 1 of the Tourism Position Statement. The application is also similar to another application which was determined by the Shire under delegated authority from Council for a proposed Holiday House at 179 (Lot 11) Sebbes Road, Forest Grove. This application had similar issues with compliance SPP3.7. One point of difference with the Sebbes Road application, which was ultimately refused, was that it had not previously been approved as a Holiday House as 72 Wooditch Road and 39 Isaacs Road had been. Therefore, point 5 of Planning Bulletin 111/2016 – Planning in Bushfire prone areas could not be applied to the Sebbes Road application. A further distinction is that in the case of Sebbes Road the single access was not supported by the proponent’s bushfire consultant. The application of the Planning Bulletin is discussed further below. Bushfire Management Plan One of the key issues raised by DFES is that the application is inconsistent with SPP3.7 and the supporting guidelines in relation to vehicular access. Access in two different directions to two different destinations as required, is not available for the subject property until the intersection of Wallcliffe and Wilderness Roads, approximately 1 kilometre from the site. This exceeds the acceptable maximum length of 200m metres for a dead end road. The revised BMP satisfies Performance Principles 1 (Siting and design) and 3 (Provision of water). As has been previously noted by Council, DFES do not support the Position Statement and are therefore not able to provide constructive advice as to how a proposal meets with its requirements. Notwithstanding the Position Statement is a legitimate part of the statutory planning framework and should be given appropriate weight in decision making. Performance Principle 2 of the Position Statement relates to Vehicular Access. It requires that “where an existing dwelling achieves BAL-29 or below, the provision of one access route can be considered where it abuts moderate or low threat vegetation, and where it is demonstrated that secondary access (including an emergency access way) cannot be achieved.” Wooditch Road is an 850m long cul-de-sac road, resulting in there being only one escape route. Because subdivision of the land and its surrounds is complete, there is no opportunity to create a secondary access or emergency access way. The revised BMP includes a Bushfire Hazard Level (BHL) assessment to identify the larger scale bushfire risk for vegetation abutting Wooditch Road as a single access. The BHL incorporates the Rural-Residential zoned lots on the western side of Wooditch Road, the Chalet and Camping zoned lot on the eastern side of the Wooditch Road and the Residential R2.5 zoned lots on the eastern side of Wooditch Road on the corner of Orchid Ramble.


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The BHL Assessment Map in Figure 2 below demonstrates that the majority of Wooditch Road has been classified as moderate risk as required by the Position Statement.

Figure 2: BHL Assessment Map The moderate risk classification is based on the combination of non-vegetated areas, grassland, asset protection zone low threat vegetation and varying classifications of remnant vegetation. The BMP revisions indicate that the predominant bushfire hazard level for vegetation abutting Wooditch Road has been moderate and a single access road can be considered as an acceptable solution for a Holiday House where the dwelling is existing and outside a residential built-out area. As depicted in the BHL assessment map however, there is a portion at the southern end of Wooditch Road where it intersects with Wallcliffe Road that was been classified as ‘Extreme’. This relates to the thick band of remnant vegetation abutting Wallcliffe Road which wraps around Orchid Ramble. Given this southern portion of land abutting Wooditch Road being classified as ‘Extreme’ bushfire risk, acceptable solution 2.2 has not strictly been satisfied. Planning Bulletin 111/2016 – Planning in Bushfire prone areas. The Planning Bulletin provides a mechanism for the proposal to be viewed favourably, despite the small section of Wooditch Road which has an extreme fire rating. The Department of Planning Lands and Heritage have previously provided advice to the Shire with respect to the similar proposal for a Holiday House on Isaacs Road that if a proposal has previously had an approval, the application for reapproval should not be considered to represent “intensification of land use”. As such, the exemptions described at Point 5 of the Bulletin become applicable. Having regard to the potential for approval which the Planning Bulletin provides, it is recommended that the proposal be approved, for the following reasons:

• The dwelling has previously been used for holiday home purposes without issue; • The subject site is situated adjoining a chalet and camping zone lot with any development

thereon accessed via Wooditch Road;


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• The proposal does not allow any greater level of occupation within the dwelling beyond that which can be accommodated ‘as of right’; and

• The proposal provides the opportunity to improve bushfire readiness on the site via implementation of a BMP.

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The applicant may apply to the State Administrative Tribunal (SAT) for a review of the Council’s decision/conditions. The SAT has the ability to amend or set aside the Council decision. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 3: Managing Growth Sustainably Community Outcome: Clearly defined areas for growth and renewal Strategic Response: Implement Local Planning Scheme Service level strategy/plan: Provide Planning Services PLANNING FRAMEWORK The State bushfire planning framework which relates to tourism development in bushfire prone areas comprises of: • SPP3.7 – the intent of the policy is to implement effective, risk-based land use planning and

development to preserve life and reduce the impact of bushfire on property and infrastructure; • Guidelines for Planning in Bushfire Prone Areas – includes Acceptable Development and

Performance based solutions across 4 key elements; location, siting and design, vehicular access and water. The acceptable solutions provide examples of how the intent may be met, whilst the performance principles allow for ‘alternative solutions’ where the acceptable solutions cannot be achieved;

• Position Statement: Tourism uses in Bushfire prone Areas – includes three approval pathways being Acceptable Development, Performance Principles and Risk Assessment; and

• Planning Bulletin 111/2016 – Planning in Bushfire prone areas. The Planning Bulletin was prepared to address key issues raised by local governments, developers and landowners to assist in the interpretation and implementation to the Bushfire Planning framework.

FINANCIAL IMPLICATIONS Implications Nil Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental The BMP identifies several measures including an asset protection zone, dedicated firefighting water tank and internal firebreak which contribute to mitigating risk associated with Bushfire. Social Holiday Houses form an important component of the mix of tourism accommodation available within the Shire. Economic Holiday Houses have the potential to contribute to local employment and sustain associated tourism related businesses. ADVOCACY Planning policy making by State Government agencies results in serious implications for development at the local level. Notwithstanding it generally involves little to no genuine public consultation. Landowners are usually unaware of the implications until such matters are broached with Local


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Government. Shire staff have and will continue to advocate for sensible, transparent and effective bushfire policy which is supported by all relevant government agencies, local governments and the community. IMPLICATIONS OF ALTERNATIVE RESOLUTION A decision to refuse the application may be subject to review by the SAT. Voting Requirements Simple Majority RECOMMENDATION That Council GRANTS Planning Consent under Delegated Authority Instrument No. 16 pursuant to Clause 68(2) of the Deemed Provisions of Local Planning Scheme No. 1 for a Holiday House at 72 (Lot 211) Wooditch Road, Margaret River subject to compliance with the following conditions. CONDITIONS 1. The development is to be carried out in compliance with the plans and documentation listed below

and endorsed with Council’s stamp, except where amended by other conditions of this consent.

Plans and Specifications P1 to P3 received by the Shire on 5 July 2019

2. The Holiday House use is permitted for a period of three (3) years from 28 April 2021 to 28 April

2024. (Refer to advice note ‘a’) 3. The revised Bushfire Management Plan dated 17/02/2021, shall be implemented on site prior to

the commencement of the Holiday House use the subject of this approval and at all times thereafter.

4. The approved Bushfire Emergency Evacuation Plan shall be displayed in a conspicuous location within the dwelling at all times.

5. Certification shall be provided to the Shire by an accredited Bushfire Consultant that all bushfire

management actions detailed in the accepted Bushfire Management Plan have been implemented prior to commencement of the Holiday House use.

6. A Manager or a contactable employee of the Manager that permanently resides no greater than

a 35 minute drive from the site shall be nominated for the Holiday House and this person shall attend to any callout within 35 minutes of a reported incident. The Manager or contactable employee is to be retained at all times during the use of the site as a Holiday House. (Refer to advice note ‘b’).

7. At all times the Holiday House use is in operation, the 24-hour contact details of the Manager of

the Holiday House shall be displayed on a sign that is clearly visible from the nearest street frontage. The sign is limited to a maximum size of 0.2 metres square and not exceeding 1.5 metres in height from ground level. The sign shall be erected within the property frontage and must be visible from the street front. (Refer to advice note ‘c’)

8. All vehicles & boats connected with the premises shall be parked within the boundaries of the

property. 9. The short stay use of the dwelling shall not be occupied by more than six (6) people at any one

time. 10. Amplified music shall not be played outside of the Holiday House between the hours of 10pm and

10am.


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11. ‘House Rules’ shall be developed to the satisfaction of the Shire prior to the commencement of the use. Thereafter the ‘House Rules’ shall be provided to all guests and shall be displayed within a prominent position within the Holiday House. (Refer to advice note ‘f’)

12. Any marketing material for this Holiday House shall include display of the planning approval

reference number for this approval. (Refer to advice note ‘g’) ADVICE NOTES a) A new planning application seeking approval should be submitted 90 days before the expiry of

this approval, along with the appropriate planning fee. b) If at any time there is not an appointed manager or a contactable employee of the manager for

the site, the use must cease until such time as a manager is appointed. c) Evidence of installation of the sign will be required to be provided, to the satisfaction of the Shire,

at the time an application to renew the Holiday House use is lodged. d) This approval does not affect the entitlement to use the dwelling for permanent residential purposes. e) You are advised of the need to comply with the requirements of the following other legislation:

(i) Health (Miscellaneous Provisions) Act 1911 and Department requirements in respect to the development and use of the premises.

(ii) The WA Building Regulations 2012 (r.59) requires that the owner of a dwelling (as defined in the Building Code of Australia) must not make the dwelling available for hire unless hard wired, battery backup smoke alarms are installed, complying with the Building Code of Australia and AS3786.

f) The ‘House Rules’ document shall be consistent with key elements of the NSW Code for Holiday

Houses (please refer to the attached document). g) Evidence of the display of the planning approval reference number within the marketing of the

Holiday House is required to be provided, to the satisfaction of the Shire, at the time an application to renew the Holiday House use is lodged. Applicants are advised to include a screenshot of the website to show that the planning approval reference number is being displayed.

h) Please note that the Shire does not notify landowners in writing of the expiry of a Holiday House

planning approval. It is the owner’s responsibility to monitor and ensure that the planning approval remains valid while the use is being undertaken.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Revised Bushfire Management Plan dated 17/02/2021


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11.2.3 IPQS 012101 - PANEL OF SUPPLIERS FOR PLANT AND EQUIPMENT HIRE LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE PLT/37 REPORT AUTHOR Neale Pike, Coordinator Works AUTHORISING OFFICER Nick Logan, Director Sustainable Development and Infrastructure

IN BRIEF • Applications were invited from suitably resourced and experienced suppliers to join the Panel of

Pre-Qualified Suppliers for the provision of plant and equipment hire services, to assist the Shire to meet its construction and maintenance programs.

• The Shire has a continuing need for the hire of plant and equipment. This hire includes both wet (including operator) and dry (excluding operator) hire and could be for various lengths of time ranging from hours through to days or weeks at a time, project dependent.

• The supply consists of various items of plant and equipment, and hence the Shire intends to set up a panel of pre-qualified suppliers to meet the complete needs of the Shire.

• In 2019-20 approximately $450,000-$500,000 was spent on wet and dry plant and equipment hire. Predominantly, this spend was with two South West based suppliers – Cowara Contractors and Leeuwin Civil.

• On 13 January 2021, the Shire issued a public open Request for Application to join a Panel of Pre-qualified Suppliers for Plant and Equipment Hire.

• 16 submissions were received by the deadline and evaluated by a panel of three Shire officers in accordance with the evaluation process outlined to tenderers in the Request for Tender (RFT) document.

RECOMMENDATION That Council: 1. Accepts the submissions for IPQS 012101– Panel of Suppliers for Plant and Equipment Hire

received from: - Busselton Civil Pty Ltd - Brooks Hire Service Pty Ltd - Coates Hire Operations Pty Ltd - Conplant Pty Ltd - Down South Mini Earthmovers - Eco Land Clearing (Mathew and Belinda Saunders) - Enviro Plant Hire Pty Ltd - GA and NE Minchin - Greenwave Landscapes - Leeuwin Civil Pty Ltd - Chivas Enterprises Pty Ltd T/A Mayday Services - Sherrin Rentals Pty Ltd - Southern Earthmoving - Thomas James Skudder - Tutt Bryant Hire Pty Ltd - Wormall Civil

2. Authorises the CEO to execute the contracts for awarding IPQS 012101– Panel of Suppliers for

Plant and Equipment Hire, in accordance with s.9.49A of the Local Government Act 1995, to the suppliers with accepted submissions.


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LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND One of the Shire’s strategic goals is to promote economic development, that provides a sustainable range of business and job opportunities for the local community. The implementation of the Plant Hire Panel will allow for several companies to be eligible to provide services and equipment to the Shire as needed, including, but not limited to: • Construction of new infrastructure, such as roads, car parks, footpaths and drains; • Maintenance of existing infrastructure like roads, car parks, footpaths, drains, parks, gardens and

reserves • For the loading and transportation of construction and maintenance materials like rock, stones,

gravel, bricks, sand and other soils required for the above, rubble, debris and tree stumps and organic waste materials.

From time to time, the Shire will undertake various larger projects. The Shire will reserve the right to separately tender project-based works and has clearly stated that the Shire is unable to provide any guarantee as to the volume of plant and equipment hire services to be offered to Suppliers during the course of the Contract. IPQS 012101– Panel of Suppliers for Plant and Equipment Hire, was issued as a public open tender on Wednesday 13 January 2021. The request sought the services of suitably qualified and experienced suppliers to join the Panel or Pre-Qualified Suppliers for the provision of plant and equipment hire services, to assist the Shire to meet its construction and maintenance programs. The deadline for submissions was Friday 5 February 2021. The invitation was published in the West Australian newspaper as well as in the local Augusta Margaret River Times newspaper, on the Shire’s website and on noticeboards at the Shire’s offices and public libraries, as required by legislation. 30 requests for copies of the documents were received, and all 30 were provided with the documents. No addenda were issued during the open period. Details of organisations provided with request documents, as well as details of clarifications and clarification responses were all recorded in an open period log. The Shire received 16 submissions from the following organisations:

Listing of Respondents to be evaluated Respondent 1: Busselton Civil Pty Ltd

Respondent 2: Brooks Hire Service Pty Ltd

Respondent 3: Coates Hire Operations Pty Ltd

Respondent 4: Conplant Pty Ltd

Respondent 5: Down South Mini Earthmovers

Respondent 6: Eco Land Clearing (Mathew and Belinda Saunders)

Respondent 7: Enviro Plant Hire Pty Ltd

Respondent 8: GA and NE Minchin

Respondent 9: Greenwave Landscapes

Respondent 10: Leeuwin Civil Pty Ltd

Respondent 11: Chivas Enterprises Pty Ltd T/A Mayday Services


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Respondent 12: Sherrin Rentals Pty Ltd

Respondent 13: Southern Earthmoving

Respondent 14: Thomas James Skudder

Respondent 15: Tutt Bryant Hire Pty Ltd

Respondent 16: Wormall Civil

A submission from Cape to Cape Excavations Pty Ltd was received after the cut off time on Friday 19 February 2021 and was not eligible for consideration Each request response was assessed against the selection criteria by an evaluation panel consisting of suitably qualified and experienced Shire officers. In accordance with the evaluation process outlined in the request document, the assessment included, amongst other things: • Assessing requests received against relevant compliance criteria. The compliance criteria were not

point-scored. Each submission was assessed on a Yes/No basis as to whether each criterion was satisfactorily met.

• Assessing compliant requests against the following qualitative and price criteria:

Selection Criteria Weighting

Relevant Experience 40%

Applicant’s Resources 30%

Key Personnel Skills and Experience 25%

Sustainability Considerations 5%

Total 100% A scoring and weighting methodology was used to assess requests against these criteria, with the extent to which a submission demonstrated greater satisfaction of each of the criteria resulting in a greater score. Due diligence checks – in the form of reference checks and a review of the financial statements – were undertaken on the recommended tenderers. Confidential attachment 1 is the evaluation of suppliers against ranked criteria. Confidential attachment 2 includes the comparative price schedule for each item of plant, which will be used to guide future purchasing under the panel supply contract. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation The process has been overseen by a team including the Shire’s Procurement Officer. DISCUSSION / OFFICER COMMENTS A detailed assessment is contained in Confidential Attachment 1 – Tender Evaluation Report. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS The Local Government (Functions and General) Regulations 1996 Part 4 Division 3 Regulation 24AD(1) outlines the requirements for inviting persons to apply to join a panel of prequalified suppliers. Regulations 24AE to 24AJ deal with timeframes, processes, information and contracts for panels of pre-qualified suppliers.


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STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key result area: Vibrant and diverse economy Community Outcome: Competitive and sustainable business environment Strategic Response 3: Ensure the shire’s procurement policies support local business and help generate local employment. Under Regulation 24AC(1) of the Local Government Financial Regulations, a panel supply contract can only be entered into once the Shire has a policy in place for how subsequent procurement will be undertaken. Part B of Shire Policy CCSP9, Purchasing, fulfills this requirement. In accordance with CCSP9, this panel contract has adopted a ranking system (see attachment 2) where each item of plant will be procured on an as needed basis from the most advantageous/highly ranked supplier. The Shire also reserves the right to undertake RFQ/Tender processes for significant projects. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications As previously stated the annual spend on equipment hire is in the order of $450,000 to $500,000. A panel of pre-qualified suppliers should improve the efficiency of procuring and engaging suitable suppliers resulting in cost benefits for staff involved with these tasks. Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental As part of the submission process, the Contractor is to be committed to minimising energy use, both actual and embodied, considering recyclability and/or the ability to refurbish goods, mitigating the impacts of climate change, e.g. through reducing emissions or carbon sequestering and utilising local suppliers to minimise transporting of goods and/or services. Social Submitters were advised as part of the request process, to provide details of ethical practices in their operations, considerations to human and animal health impacts and support of socially inclusive practices, such as employment and training with a focus on disadvantaged groups Economic Submitters were asked to anticipated regional employment, regional business participation as subcontractors and suppliers, generation of regional apprenticeships and traineeships and any other identifiable benefits to the regional economy. For the purpose of this question, ‘regional’ refers to the area within the boundaries of the Shire of Augusta Margaret River. ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council:


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1. Accepts the submissions for IPQS 012101– Panel of Suppliers for Plant and Equipment Hire received from:

- Busselton Civil Pty Ltd - Brooks Hire Service Pty Ltd - Coates Hire Operations Pty Ltd - Conplant Pty Ltd - Down South Mini Earthmovers - Eco Land Clearing (Mathew and Belinda Saunders) - Enviro Plant Hire Pty Ltd - GA and NE Minchin - Greenwave Landscapes - Leeuwin Civil Pty Ltd - Chivas Enterprises Pty Ltd T/A Mayday Services - Sherrin Rentals Pty Ltd - Southern Earthmoving - Thomas James Skudder - Tutt Bryant Hire Pty Ltd - Wormall Civil

2. Authorises the CEO to execute the contracts for awarding IPQS 012101– Panel of Suppliers for

Plant and Equipment Hire, in accordance with s.9.49A of the Local Government Act 1995, to the suppliers with accepted submissions.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. CONFIDENTIAL Tender Evaluation Report 2. CONFIDENTIAL Price scheduling and example of rankings


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11.2.4 SCOTT RIVER SUSTAINABLE ECONOMIC STRATEGY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ECD/110 REPORT AUTHOR Saul Cresswell, Sustainable Economy Officer AUTHORISING OFFICER Nick Logan, Director Sustainable Development and Infrastructure

IN BRIEF • The Shire of Augusta Margaret River co-funded the preparation of the Scott River Sustainable

Economic Strategy to “identify and prioritise innovative strategies and infrastructure requirements to address identified challenges to economic, environmental and social resilience in the region”.

• The completed Strategy contains a mix of recommendations, some of which are achievable, some which are considered to require further refinement, and others which are likely to be unachievable. The Strategy requires a refined plan of implementation.

• Initial refinement has taken place and the next step is to workshop this with a Working Group, yet to be established, comprising relevant stakeholders for the Scott River Region.

RECOMMENDATION That Council: 1. Notes the Scott River Sustainable Economic Strategy. 2. Endorses the position on the actions as contained in Attachment 2: Scott River Strategy Actions

breakdown, noting these will be further refined with a full working group. 3. Notes the governance model for a new working group to refine the actions from the Strategy and

develop an implementation plan. LOCATION PLAN

TABLED ITEMS Nil


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BACKGROUND The Scott River Region crosses the Shire of Augusta Margaret River and the Shire of Nannup, and is largely characterised by broad acre agriculture focused on dairy, beef, sheep, plantation timber and horticulture. Following a meeting in November 2017 between Shire of Nannup, Shire of Augusta Margaret River and Scott River Growers Group (now called South West Growers Group) it was agreed there was a need to develop a feasibility study to provide evidence to advocate for infrastructure improvements in the Scott River Region. Challenges around road conditions, telecommunication black spots, access to workers and more had been identified as ongoing issues for farmers in the region. In 2018 draft Terms of Reference for a Project Control Group were developed, a scope of works for a consultant was written, and a progress update was provided to 30 stakeholders. Following this the below agencies contributed funds towards the strategy development. Shire of AMR $15,000 SWDC $10,000 Bunbury Fibre $10,000 Western Dairy $2,000 Scott River Growers group $2,000 Shire of Nannup $5,000 TOTAL $44,000 The scope of the Strategy was further refined by the funding bodies and a Request for Quote process undertaken in mid-2019. In November 2019 preparation of the Strategy commenced, including research, consultation and report preparation over the first half of 2020. Extensive feedback on a draft strategy was provided in July 2020, and revisions were undertaken in August 2020. Further clarification was sought and in November 2020 a final report was provided. CONSULTATION AND ADVICE External Consultation Strategy preparation entailed a number of in-person meetings and intermittent correspondence with the funding bodies: • Shire of Nannup • Lower South West Growers Group • Bunbury Fibre • Western Dairy • South West Development Commission An engagement plan was also developed to ensure a wide range of input from stakeholders in the Scott River Region, leading to phone interviews with more than 30 people and agencies, and two public meetings held in the region and attracting 11 local farmers and growers. Strategy preparation also entailed a literature review of 13 related reports and strategies. Further detail on consultation and engagement can be found in the attached Addendum – attachment 3. Internal Consultation • Director Sustainable Development and Infrastructure • Manager Asset Services • Manager Planning and Development Services • Coordinator Community Planning & Development • Coordinator Environment Landcare Services DISCUSSION / OFFICER COMMENTS The final Strategy recommends 37 actions across 8 different strategy areas. As per Attachment 2: Scott River Strategy Actions breakdown, not all actions are recommended for support and others require some modification before they can be pursued. A number of challenges for the Scott River community


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are detailed in the strategy but the proposed solutions, in some cases, require reframing to be more acceptable from either an environmental, funding, regulatory, or logistical perspective. The red, orange, and green “traffic lights” analysis of the strategy recommendations (Attachment 2) provides a succinct outline of the Shire’s position on each action, and Council’s endorsement on this position is sought. This will serve as a starting point for further workshopping with key stakeholders, undertaken through the formation of a working group. It is recommended that this working group – the yet-to-be formed Scott River Strategy Action Group – is not formed as a committee of Council, but rather operates under Terms of Reference as a working group for the purpose of collaboratively examining the recommendations from the strategy in order to:

1. Determine the best strategic way forward, including prioritisation of actions and analysis of critical path

2. Make recommendations, including agreement on reframing of some actions 3. Identify project leads for each action 4. Seek funding 5. Report back to Shire Councils at decision making times

As a key agency responsible for regional economic development, it is intended that the South West Development Commission will Chair the meetings. Membership will comprise key stakeholder groups, including those representing farming and environmental interests. The following members are proposed:

Shires Shire of Augusta Margaret River (staff) Shire of Nannup (staff) State Government South West Development Commission (SWDC) Department of Water and Environmental Regulation (DWER) Department of Primary Industries and Regional Development (DPIRD) Department of Biodiversity, Conservation and Attractions (DBCA) Federal Government Regional Development Australia South West Industry groups Lower South West Growers Group (previously Scott River Growers Group) Lower Blackwood Landcare Western Dairy Forest Industries Federation (WA) In addition, the following organisations may be called upon as required: Undalup Association Augusta Margaret River Clean Community Energy Southern Dirt Augusta Chamber of Commerce

STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Nil STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 KRA 1: Valuing, protecting and enhancing the natural environment Outcome: Ecology and biodiversity protection KRA 2: Welcoming, inclusive and healthy communities Outcome: Equal opportunities for all KRA 3: Ensuring Sustainable Development


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Outcome: Sustainable water and energy management Connected and safe transport network KRA 4: Vibrant and diverse economy Outcome: Strong agriculture and viticulture sectors PLANNING FRAMEWORK There are several recommendations relevant to the Planning Framework that will need to be further explored with the working group, Shires, and other stakeholders. FINANCIAL IMPLICATIONS Implications A number of the recommendations have significant cost implications. The future prioritisation and implementation of actions will require substantial grant funding and future business case development. The ability to fund these works as well as long term cost implications for asset owners will require detailed evaluation. Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental The recommendations on actions outlined in Attachment 2: Scott River Strategy Actions breakdown lend greater weight to environmental considerations than the strategy provides in its fullness. The Shire’s participation in a working group can help steer outcomes towards a positive environmental outcome. Social Forming a working group to progress implementation of the strategy will lead to positive social outcomes as Scott River community members see that action is being taken. Economic Forming a working group to progress implementation of the strategy will lead to positive economic outcomes once investment in key infrastructure is successfully attracted. ADVOCACY Effective implementation of the Scott River Sustainable Economic Strategy will require support from other tiers of government, and it is hoped that their involvement in the working group will steer the actions towards the most effective course for implementation. IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Notes the Scott River Sustainable Economic Strategy. 2. Endorses the position on the actions as contained in Attachment 2: Scott River Strategy Actions

breakdown, noting these will be further refined with a full working group. 3. Notes the governance model for a new working group to refine the actions from the Strategy and

develop an implementation plan. ADVICE TO APPLICANT / PROPONENT Nil


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ATTACHMENTS 1. Scott River Sustainable Economy Strategy 2. Scott River Strategy Actions breakdown 3. Strategy Addendum


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11.2.5 SUSTAINABLE ECONOMY STRATEGY LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ECD/26 REPORT AUTHOR Saul Cresswell, Sustainable Economy Officer AUTHORISING OFFICER Nick Logan, Director Sustainable Development and Infrastructure

IN BRIEF • The process of developing a Sustainable Economy Strategy has been through several iterations

since 2017. • At the time of considering an earlier version of the strategy, Council requested more consideration

to issues of inequality, and a consultant was engaged to explore opportunities. • In 2019 a Sustainable Economy Officer was employed and began the process of re-working the

strategy. • The extensive strategy analysis has been separated into two documents, the Strategy itself, and a

background paper. • The draft Sustainable Economy Strategy has a strong focus on social, environmental and economic

wellbeing, translating Council’s adopted vision for the strategy into a path to achieve this vision. RECOMMENDATION That Council: 1. Adopts the Sustainable Economy Strategy for the purpose of consultation and advertises it for wider

community and stakeholder feedback from relevant agencies and peak bodies; 2. Receives the Background to the Sustainable Economy Strategy report, prepared by the Sustainable

Economy Officer, and advertises it for wider community and stakeholder feedback from relevant agencies.

LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Many local governments in Western Australia have positions related to economic development, and it is increasingly recognised as a role for local government. The Shire of Augusta Margaret River’s Economic Development Policy (GL27), adopted on 24 May 2017, outlines the Shire’s role in facilitating economic development. The Shire has begun several processes of forming economic development strategies, including a Regional Economic Development strategy in partnership with the City of Busselton (adopted by Council on 8 October 2009) and a draft Economic Development Strategy prepared in 2017. Council decided at the 28 June 2017 OCM, to defer endorsement of the strategy until further work had been undertaken to assess sustainability opportunities for inclusion in the strategy, particularly around economic inequality and poverty. Towards this end a consultant was contracted to prepare a report, which was completed in 2018 and titled Tackling disadvantage and inequality through the economic development strategy.

In January 2019 the Shire employed a Sustainable Economy Officer, who was charged with finalising and commencing implementation of the Sustainable Economy Strategy. After forming the Sustainable Economy Reference Group, research was undertaken from April 2019, which included consultation with well-regarded US economist and practitioner, Michael Shuman and key stakeholders (listed in the Consultation and Advice section). Desktop research included:


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• Reports written and commissioned by the Shire, including the draft Economic Development Strategy and Tackling Disadvantage report.

• Reports on the Shire from external agencies, such as the Lishman Health Foundation’s report on mental health and wellbeing in the shire, and GP Down South’s Service Mapping report for the shire.

• Data for the Shire including ABS data and community data through the Shire’s subscription services.

The analysis phase of the strategy preparation took place over an extended period of time, with high priority tasks around supporting Main Street Makeover and community recovery during the peak of the COVID-19 pandemic taking priority. This allowed the lessons learned from the pandemic to be incorporated into the strategy, and confirmed the focus on resilience as a key outcome of the strategy. The strategy is divided into two reports, the Sustainable Economy Strategy itself (attachment 1), and a Background to the Sustainable Economy Strategy report (attachment 2) that offers further background analysis. CONSULTATION AND ADVICE External Consultation Input into the Sustainable Economy Strategy includes consultation undertaken previously in an early iteration of the Shire’s “Economic Development Strategy”. This included feedback from two Shire-run Food and Agricultural Summits, a workshop held at the Margaret River Education Centre in conjunction with Curtin University, industry focus groups, and public submissions on the draft strategy. This early work has been complemented by: • A local Business Survey in 2019 (report attached as an appendix) receiving responses from

roughly 5% of businesses within the shire • Input and feedback from the Sustainable Economy Reference Group (SERG). Participating

organisations in SERG include: o South West Development Commission o Margaret River Chamber of Commerce and Industry o Augusta Chamber of Commerce and Industry o Margaret River Wine Association o Margaret River Busselton Tourism Association o Cowaramup Business Association o Lower South West Growers Group o Margaret River Regional Producers Association o Nature Conservation Margaret River o Margaret River Regional Environment Centre o Creative Corner o Just Home Margaret River o Transition Margaret River

• Consultation with businesses and peak organisations, both as part of the Sustainable Economy business unit’s ongoing engagement with businesses and as a targeted engagement to inform analysis of industry sectors.

• Feedback from Community Health Network and the Shire’s Sustainability Reference Group. • Ongoing guidance from economist and practitioner, Michael Shuman, with a focus on local

economic development. This included a number of Skype meetings and detailed feedback on contents of the strategy.

• Advice from Professor Robert Costanza, leading author on Ecological Economics; Dr. Stuart Whitten, Leading Economist for CSIRO; Professor Mike Salvaris, Chairman of the Australian National Development Index.

Internal Consultation Extensive consultation has been undertaken internally with the Senior Leadership Team and Executive Leadership Team. DISCUSSION / OFFICER COMMENTS The proposed Sustainable Economy Strategy is both a high-level strategic document to identify the key themes and areas for Shire focus, as well as an in-depth plan for the associated activities and actions that will be instrumental in pursuing sustainable economic development through to 2025. The departure


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from the original 10-year horizon reflects the uncertainty inherent in a rapidly evolving economic context. The four-year review will provide an opportunity to once again identify the most impactful actions within the same overarching strategy areas for the next period of time.

The draft Sustainable Economy Strategy attempts to be a concise document, and at close to 50 pages is a reflection of the complexity of economic development within a sustainability lens. To facilitate ease of use, the bulk of analysis has been transferred into a separate document – the Background to the Sustainable Economy Strategy report.

The strategy itself is arranged around the following main sections. Discussion pieces for context • Economic development – highlighting that economic development is about improving wellbeing,

that there are multiple stakeholders responsible, and that the Shire of Augusta Margaret River plays various roles but is not the sole agency.

• Sustainability in economics – highlighting the need for new thinking beyond inherited economic development praxes that fail to fully consider environmental and social impacts.

Vision The vision provided by Council for the strategy is that: “The local community is supported by livelihoods and enterprises that are sustainable, climate-resilient, diverse, and locally-owned in a circular economy, a regenerative and improving environment, and a just community that upholds the rights of everyone.” The vision is consistent with the Community Strategic Plan 2036, and echoes best-practice economic development goals emerging from other parts of the world (some of these alignments are explored at the end of the strategy). Goals Six goal areas that reflect the vision and align with the Community Strategic Plan 2036: • Healthy ecosystems – ecosystem services underpin a sustainable economy, and Margaret River’s

“clean and green” reputation firmly rests on a healthy natural environment. • Fair and inclusive economy – the economy exists in service of people and needs to ensure all

community members have opportunity for a decent quality of life. • Vibrant townsites – economic development should further enhance vibrancy of civic centres and

public spaces. • Economic resilience – as highlighted by COVID-19, the ability to withstand or adapt to abrupt

changes and impacts is vital in a rapidly changing world. • Successful livelihoods – economic wellbeing is underpinned by access to livelihood opportunities,

including a diversity of employing businesses and an entrepreneurial environment that nurtures creative ideas to succeed.

• Local ownership - economic development that increases local ownership of businesses, capital, and energy infrastructure yields significant benefits to the community.

Under each goal is a box showing “Goal indicators” relevant to that goal. These are indicators for which the Shire can access data, and though imperfect they can serve as snapshots to help “indicate” the trend of that goal. There is the potential in the future to produce a regular “State of the economy report”, perhaps once every two years, to track the trend of these goals. To help communicate that the Shire is only one stakeholder responsible for achieving these goals, there is a second column showing the factors over which the Shire has influence. It is these factors that are focused on in the strategies. Strategies The seven strategy areas encompass best-practice local economic development practice, and have been informed by analysis of the local economy, the vision of the strategy, and expertise input from Michael Shuman.

• Strategy 1: Entrepreneurial environment: Foster an enabling environment for creative ideas to flourish, for networking to be successful, and for new sustainable businesses to emerge.

• Strategy 2: Place-making: Ensure public places are attractive, interesting, safe, and nurture community interaction.

• Strategy 3: Talent development: Grow opportunities for all community members to develop their knowledge, skills and experience.


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• Strategy 4: Sustainable tourism and events: Ensure a diversity of events and experiences that meet the cultural and entertainment needs of residents and visitors without harming the natural environment.

• Strategy 5: Local and regenerative investment: Drive investment into the most regenerative initiatives possible, with a strong focus on local capital benefiting the local community.

• Strategy 6: Infrastructure for a sustainable economy: Maintain and build infrastructure to support economic resilience and opportunities for diverse, sustainable livelihoods.

• Strategy 7: Circular economy: Support and model best-practice approaches to waste elimination, resource recovery, renewable energy, and replenishable resource consumption rates.

Actions The 64 actions that fall beneath the strategies encompass a broad range of activities that the Shire currently undertakes, or intends to undertake for the purposes of supporting a sustainable economy. Being cognisant of budgetary limitations, each action identified falls within the current staffing allowance. There are some additional actions identified as “resource dependent” that could be undertaken if additional staffing resources were provided. Next steps While there has been considerable engagement and input in the early stages of the strategy development, putting this final draft out for public comment would be an ideal next step in capturing any overlooked opportunities and gaining valuable feedback from a broader cross-section of the community. It is recommended that Council endorses this draft for a public consultation process via YourSay. Once feedback has been considered a final version of the strategy is anticipated for June 2021. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995 Western Australian local governments are required to carry out their functions in an intergenerational and integrated triple bottom line approach to sustainability. The Local Government Act 1995 section 1.3 requires local governments to act as follows: “In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.” STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 The strategy aligns strongly with the Community Strategic Plan.

CSP Key Result Areas Sustainable Economy Strategy Goals

Valuing, protecting and enhancing the natural environment

Healthy ecosystems

Welcoming, inclusive and healthy communities

Broad and inclusive wellbeing

Ensuring sustainable development

Broad and inclusive wellbeing

Vibrant and diverse economy

Economic resilience

Successful livelihoods

Effective leadership and governance

Local ownership


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PLANNING FRAMEWORK The strategy references a number of key planning documents, including the Shire of Augusta Margaret River Car-Parking Strategy, Public Open Space Plan, and Local Planning Strategy Review. FINANCIAL IMPLICATIONS Implications The majority of the 64 actions in the strategy fall within existing budget allocations, but there are 10 actions that may require either grant funding or additional budgetary allocation.

These are:

2.1.1 Create concept plan and develop a Margaret River town centre art trail – it is anticipated that this will be an attractive project for grant funders.

2.2.1 Implement a way-finding program for Margraret River to provide orientation and interpretation for visitors – this has been included in the long-term financial plan but is awaiting confirmation.

2.2.2 Complete and implement Margaret River Precinct Plan, to improve connectivity between the river and the townsite, and improve amenity around the river - this has been included in the long-term financial plan but is awaiting confirmation. It will also require additional grant funding.

2.3.3 Support community-driven place-making efforts within the various towns, villages and communities across the shire – depending upon the initiative, this may be funded through existing budgets, but may also require additional budget or grant funding.

4.2.1 Work with local industry to explore opportunity for a Regenerative Agriculture Conference at Margaret River HEART – This would require additional grant funding.

4.2.9 Advocate for external funding towards implementation of Leeuwin Naturaliste 2050 Cycling Strategy, and Regional Trails Strategy once finalised – while advocating will not require additional funding, the implementation of any actions will require grant funding.

6.1.2 Progressivley transition away from fossil fuel-dependent vehicles within the Shire fleet by implementing relevant actions from the Climate Action Plan – electric vehicles are more expensive upfront, but save money in fuel and maintenance over the medium and long term. As the cost of electric vehicles goes down, fleet transition may not require additional budget if amortised over a five year period. Being an early adopter may come at the cost of some additional budget.

6.2.1 Participate in steering group to explore infrastructure investments in line with the Scott River Sustainable Economy Strategy – current staff resources will only allow limited participation. Fuller participation, and grant applications requiring any co-contributions, may require additional resourcing.

6.3.4 Continue to support efforts to attract or develop childcare facilities within the Shire – the Shire has acknowledged the need for additional childcare services and will need to put additional budget into providing facilities if a determination is made that this is the Shire’s role.

7.3.1 Implement Climate Action Plan – some actions within the plan are already budgeted, but others will require additional budget to meet the objective of zero emissions by 2030.

7.3.2 Expand locations of drinking fountains/water refill stations in public places – dependent upon grant funding.

Long Term Financial Plan The Long Term Financial Plan includes an allocation under the Sustainable Economy Budget and unless specifically flagged in the strategy as requiring additional funding all projects are within the scope of current LTFP allocations. Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental The Sustainable Economy Strategy explicitly recognises environmental health as a core principle and will serve to guide environmentally sensitive economic development into the future.


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Social The Sustainable Economy Strategy explicitly recognises the need for a fair and inclusive economy as a core principle of economic development. Economic The document contains seven strategies aimed at safeguarding a sustainable local economy. ADVOCACY The strategy contains some actions focused on advocacy. IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council: 1. Adopts the Sustainable Economy Strategy for the purpose of consultation and advertises it for wider

community and stakeholder feedback from relevant agencies and peak bodies; 2. Receives the Background to the Sustainable Economy Strategy report, prepared by the Sustainable

Economy Officer, and advertises it for wider community and stakeholder feedback from relevant agencies.

ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Sustainable Economy Strategy 2. Background to the Sustainable Economy Strategy


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11.2.6 CLIMATE ACTION PLAN - FINAL ADOPTION LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE ENV/128 REPORT AUTHOR Katie Biggs, Sustainability Planning Officer AUTHORISING OFFICER Nick Logan, Director of Sustainable Development and Infrastructure

IN BRIEF • The Climate Action Plan – Part 1 Towards Zero Emissions (CAP) sets out a range of actions to

reduce greenhouse gas emissions. • The CAP has been finalised following extensive community consultation. • The CAP replaces the Local Energy Action Plan and represents a new era of greater community

ownership to address local actions that contribute to climate change, along with a broader approach to reducing emissions.

• This CAP represents the Shire’s role as an organisation in reducing its own emissions and supporting the community to reduce theirs.

• The Plan includes a target for the Shire organisation to achieve net zero emissions by 2030. • Further work will be undertaken shortly to address local climate adaptation. • At the Ordinary Council Meeting held on 25 September 2019, Council declared a climate emergency

and on 11 December 2019, Council resolved to support and sign the WALGA Climate Change Declaration.

RECOMMENDATION That Council adopts the Climate Action Plan. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Accepted scientific evidence shows that within the Shire of Augusta Margaret River, as in the rest of the world, climate change is occurring and is affecting communities in many ways. The world’s leading scientists warn that the worst potential impacts of climate change can still be avoided, however, change must occur quickly. The Shire of Augusta Margaret River’s CAP addresses the mitigation of activities that contribute to climate change and sets out practical, economically responsible and inclusive measures. These measures are set out over the next 10 years in order to make a meaningful contribution to the worldwide mitigation task. The CAP is included as Attachment 1. In 2022, the Shire will also produce a similar plan to guide adaptation measures that respond to the local effects of climate change. The Shire Augusta Margaret River has a strong track record in providing support and leadership on climate change. The first ‘Local Energy Action Plan’ or LEAP was endorsed in 2010 with updates in 2014 and 2018. A shortcoming of the plan however, was the lack of community ownership, which was identified as a necessary requirement of achieving greater emissions reductions across the community.


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The foundations of this new plan stem from a grass roots community led initiative supported by the Shire, which culminated in a ‘Climate Action Summit’. Attendees agreed on 11 Priority Actions to be developed into collaborative projects developed through partnerships between government and community. This plan outlines the Shire’s role in delivering these projects and other actions required to meet our emissions reduction targets and assist the community to meet their targets. CONSULTATION AND ADVICE External Consultation The external consultation for this project has been extensive and was recently awarded the winner of the Environment Category and runner up for the Project of the Year in the IAP2 Australasia awards for community and stakeholder engagement. Over 300 people were involved in the public consultation process with 130 directly involved in the Climate Summit. More than 40 different community groups/institutions were represented providing broad community support for the projects. There were 41 submissions on the draft Climate Action Plan with 80% of submissions being supportive of what was proposed or expecting stronger targets / further action. 51% of submissions called for stronger targets / further action. This feedback has been reviewed and included where appropriate. Internal Consultation The draft Climate Action Plan was widely circulated within the organisation with comprehensive feedback from various sections. The feedback has contributed to the strengthening of targets and refining of actions. It has also resulted in a simplification of the CAP layout to bring the key information to the front of the document and include the detail and history as appendices. DISCUSSION / OFFICER COMMENTS The revised target of net zero for the Shire as an organisation by 2030 is both a response to local community expectations, and broader expectations around responding to the climate emergency. It is also about preparing for the shift to legislated targets. Whilst it has always been necessary, it now appears possible that a global shift towards a zero net emissions economy can be created within a short space of time. It is likely that the Shire will be purchasing 100% renewable power for a comparable price or cheaper within the next few years. Electric vehicles technology is advancing quickly with many vehicle manufacturers expecting to transition away from internal combustion engines within this decade. Hydrogen is emerging as a viable alternative for heavy fleet with significant investment in the technology occurring within Western Australia. The Shire is well supported to progress action on climate change. It is expected that our Shire will be invited to join the WALGA climate alliance pilot which will provide additional support to a group of councils to progress climate action. The Shire will also host a PhD student commencing a project on mainstreaming climate action and adaptation within local government. Additional support is available through the Cities Power Partnership which is focussed on supporting climate action within local governments across Australia. This is a dynamic field with major advancements occurring in the renewable energy space, electric vehicles, hydrogen and green building techniques. There have also been changes in the policy space with all states in Australia now having net zero targets, and a number of large companies setting ambitious targets and timeframes. International action on climate is also gaining momentum with many countries well ahead of Australia. The strengthening of our targets is a response to local community expectation, our declaration of a climate emergency and in anticipation of legislated targets. We have also prided ourselves on being a leader in this space and we wish to continue to inspire climate action on a larger scale.


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The Shire’s response to climate change has continued in tandem with the development of the CAP. The Margaret River Depot installed 20kW of solar last year and the Margaret River Civic Administration Centre is about to have 100kW installed. The Recreation Centre now has a 116kW battery as part of an innovative pilot project with Western Power. The three-bin program has been rolled out to residents and businesses. Sustainability education is being delivered to the community along with a number of other actions. The priority action projects from the Climate Action Summit have been progressing with some well underway. A report card is included as Appendix C in the CAP (see Attachment 1). STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS It is anticipated that net zero targets will soon move from an aspiration to a legislative requirement. This is already the case in Victoria, and it is likely that other states will follow. It is also expected that, with changes in international politics and greater consensus on the need to act urgently on climate, this year’s climate conference in Glasgow is likely to see significantly more ambitious international targets and commitments. STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 3: Ensuring sustainable development Community Outcomes

3. Climate change mitigation and response 4. Sustainable resource use and waste management 5. Sustainable water and energy management

Key Result Area 4: Vibrant and diverse economy Community Outcome

5. Opportunities arising from climate change adaptation and innovation Key Result Area 5: Effective leadership and governance Community Outcomes

6. Measure and report on success and sustainability 7. Leadership in climate change mitigation and adaptation

Key Project 8: Implement renewable energy on Shire buildings, focused on the Shire main office in 2020-21. Key Project 21: Deliver ongoing iterative mainstreaming of climate change through policy, procedure and cultural change. PLANNING FRAMEWORK There are several items that will be able to guide future development to be increasingly responsive to this issue. FINANCIAL IMPLICATIONS Implications Climate Action is already part of the annual budget with some discreet projects to be built into the long-term financial plan and annual budgets. All items will be subject to detailed feasibility. Long Term Financial Plan Following adoption of the Climate Action Plan, items will be placed in the long-term financial plan based on cost benefit analysis, priorities and anticipated technology advancements. Whole of Lifecycle considerations Climate action generally results in a significant reduction of lifecycle costs. These savings inform the cost benefit analysis. SUSTAINABILITY IMPLICATIONS Environmental


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Reducing our emissions will reduce our contribution to global climate change and inspire others to take action. Climate change is already having a significant effect on the local environment through declining rainfall, more extreme weather events and greater fire risk. Stressed plants are suffering from greater levels of disease, threatened fauna populations are declining, streamflows are falling. It is important that we model the change we need to see in the world to minimise the impacts of climate change. Social Climate change has a significant impact on our residents, particularly vulnerable community members. The liveability of our homes and public spaces is impacted by a changing climate and extreme weather events put our community at risk. We also have a number of public and private areas at risk from rising sea levels. Economic The costs of acting on climate are considered minor in comparison to the expected costs associated with rapid climate change. Actions that reduce emissions generally deliver significant cost savings over time through reduced energy costs. ADVOCACY The Climate Action Plan includes a number of opportunities for advocacy. It is also expected that it will inspire broader ambition and action. IMPLICATIONS OF ALTERNATIVE RESOLUTION Refusal of this plan would undermine the extensive public engagement and local momentum on climate action. VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council adopts the Climate Action Plan. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Climate Action Plan – Part 1 Towards Zero Emissions


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11.3. Corporate and Community

Services


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11.3.1 LIST OF PAYMENTS FOR FEBRUARY 2021 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Simone Meyer, Finance Officer – Accounts Payable AUTHORISING OFFICER James Shepherd, Director Corporate and Community Services

IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the February 2021 List of Payments for $2,630,258.27. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2019-20 and 2020-21 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH FEBRUARY 2021

MODE OF PAYMENT CHEQUE / EFT NUMBERS AMOUNT

Cheques 42476 $ 200.00 EFT 80252 - 80622 $1,596,176.48

Direct Debits $1,033,881.79 TOTAL $2,630,258.27

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT/DD TOTAL PMTS CUMULATIVE CHEQUES EFT/DD TOTAL PMTS CUMULATIVE

2019-20 2019-20 2019-20 PAYMENTS 2020-21 2020-21 2020-21 PAYMENTS

JULY 4,869.95 5,279,604.72 5,284,474.67 5,284,474.67 $844.95 $5,660,184.57 $5,661,029.52 $5,661,029.52 AUGUST 0.00 2,813,479.48 2,813,479.48 8,097,954.15 $22.00 $3,530,859.62 $3,530,881.62 $9,191,911.14

SEPTEMBER 1,460.04 3,838,673.94 3,840,133.98 11,938,088.13 $169.90 $4,782,225.23 $4,782,395.13 $13,974,306.27 OCTOBER 593.05 11,323,915.09 11,324,508.14 23,262,596.27 - $8,681,038.68 $8,681,038.68 $22,655,344.95

NOVEMBER 776.75 3,284,744.97 3,285,521.72 26,540,418.20 $933.95 $5,310,967.86 $5,311,901.81 $27,967,246.76 DECEMBER 1,379.75 4,879,911.54 4,881,291.29 31,420,329.74 $344.00 $7,048,587.28 $7,048,931.28 $35,016,178.04 JANUARY 2,231.00 3,600,470.14 3,602,701.14 35,020,799.88 $640.50 $3,903,051.96 $3,903,692.46 $38,919,870.50

FEBRUARY 3,726.00 9,042,817.14 9,046,543.14 44,063,617.02 $200.00 $2,630,058.27 $2,630,258.27 $41,550,128.77 MARCH 511.47 8,516,753.22 8,517,264.69 52,580,370.24 APRIL 0.00 4,797,857.32 4,797,857.32 57,378,227.56 MAY 306.10 5,042,761.42 5,043,067.52 62,436,843.09 JUNE 34,193.25 4,293,711.23 4,327,904.48 66,764,747.57

50,047.36 66,714,700.21 66,764,747.57


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective and integrated strategy, planning, financial and asset management PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications Nil Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the February 2021 List of Payments for $2,630,258.27. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for February 2021


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11.3.2 LIST OF PAYMENTS FOR MARCH 2021 LOCATION/ADDRESS Shire of Augusta Margaret River APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/42 REPORT AUTHOR Simone Meyer, Finance Officer – Accounts Payable AUTHORISING OFFICER James Shepherd, Director Corporate and Community Services

IN BRIEF It is a requirement of the Local Government (Financial Management) Regulations 1996 that payments made under delegated authority by the CEO are reported to Council on a monthly basis showing details of each account paid since the last such list was prepared. RECOMMENDATION That Council notes the March 2021 List of Payments for $5,547,748.06. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND Where Council has delegated authority to the CEO to make payments from the Shire’s bank accounts then under Local Government (Financial Management) Regulations 1996, Regulation 13 (1) a list of such payments is to be prepared each month for noting by Council. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Nil DISCUSSION / OFFICER COMMENTS Table 1 below provides a summary of the payments made and Table 2 makes comparison between payments for the 2019-20 and 2020-21 financial years. The List of Payments attachment provides further details as required under Regulation 13 (1). These details are as follows.

(a) The payee’s name; (b) The amount of the payment; (c) The date of the payment; and (d) Sufficient information to identify the transaction.

In order to improve operational efficiency and reduce costs, the Shire’s Finance team continually liaise with creditors paid by cheque to encourage them to switch to EFT.


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TABLE 1 – SUMMARY OF PAYMENTS MADE IN THE MONTH MARCH 2021

MODE OF PAYMENT CHEQUE / EFT NUMBERS AMOUNT

Cheques 42477 $76.50 EFT 80623 - 81211 $4,316,018.46

Direct Debits $,1,231,653.10 TOTAL $5,547,748.06

TABLE 2 – COMPARISON WITH PRIOR YEAR OF PAYMENTS MONTH CHEQUES EFT/DD TOTAL PMTS CUMULATIVE CHEQUES EFT/DD TOTAL PMTS CUMULATIVE

2019-20 2019-20 2019-20 PAYMENTS 2020-21 2020-21 2020-21 PAYMENTS

JULY 4,869.95 5,279,604.72 5,284,474.67 5,284,474.67 $844.95 $5,660,184.57 $5,661,029.52 $5,661,029.52 AUGUST 0.00 2,813,479.48 2,813,479.48 8,097,954.15 $22.00 $3,530,859.62 $3,530,881.62 $9,191,911.14

SEPTEMBER 1,460.04 3,838,673.94 3,840,133.98 11,938,088.13 $169.90 $4,782,225.23 $4,782,395.13 $13,974,306.27 OCTOBER 593.05 11,323,915.09 11,324,508.14 23,262,596.27 - $8,681,038.68 $8,681,038.68 $22,655,344.95

NOVEMBER 776.75 3,284,744.97 3,285,521.72 26,540,418.20 $933.95 $5,310,967.86 $5,311,901.81 $27,967,246.76 DECEMBER 1,379.75 4,879,911.54 4,881,291.29 31,420,329.74 $344.00 $7,048,587.28 $7,048,931.28 $35,016,178.04 JANUARY 2,231.00 3,600,470.14 3,602,701.14 35,020,799.88 $640.50 $3,903,051.96 $3,903,692.46 $38,919,870.50

FEBRUARY 3,726.00 9,042,817.14 9,046,543.14 44,063,617.02 $200.00 $2,630,058.27 $2,630,258.27 $41,550,128.77 MARCH 511.47 8,516,753.22 8,517,264.69 52,580,370.24 $76.50 $5,547,671.56 $5,547,748.06 $47,097,876.83 APRIL 0.00 4,797,857.32 4,797,857.32 57,378,227.56 MAY 306.10 5,042,761.42 5,043,067.52 62,436,843.09 JUNE 34,193.25 4,293,711.23 4,327,904.48 66,764,747.57

50,047.36 66,714,700.21 66,764,747.57


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STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Local Government Act 1995, s 6.10, and Local Government (Financial Management) Regulations 1996, r 13 STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 5: Effective leadership and governance Community Outcome 2: Effective and integrated strategy, planning, financial and asset management PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications Nil Long Term Financial Plan Nil Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental Nil Social Nil Economic Nil ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council notes the March 2021 List of Payments for $5,547,748.06. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. List of Payments for March 2021


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11.3.3 FINANCIAL ACTIVITY STATEMENT REPORT - FEBRUARY 2021 LOCATION/ADDRESS N/A APPLICANT/LANDOWNER Shire of Augusta Margaret River FILE REFERENCE FIN/14 REPORT AUTHOR Andrew Ross, Manager Corporate Services AUTHORISING OFFICER James Shepherd, Director Corporate and Community Services

IN BRIEF • The monthly financial activity statement report is a standard financial reporting item prepared in

accordance with the provisions of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations 1996.

• Council is to consider the financial results for the period ending 28 February 2021. RECOMMENDATION That Council receives the Monthly Financial Report – February 2021 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations. LOCATION PLAN Nil TABLED ITEMS Nil BACKGROUND In accordance with Financial Management Regulation 34 the Shire is to prepare a monthly Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation (1) (d), for that month with the following details:

(a) annual budget estimates; (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to which the

statement relates; (d) material variances between the comparable amounts referred to in (b) and (c); and (e) net current assets at the end of the month to which the statement relates.

Also under Financial Management Regulation 34(5) Council are to adopt a material variance threshold every year. At the Ordinary Meeting of Council on 22 July 2020 (OM2020/126) Council adopted a monthly variance for reporting of material variances, where financial activity is greater than 10% and $10,000. CONSULTATION AND ADVICE External Consultation Nil Internal Consultation Business unit managers were provided the draft monthly financial reports for their business units and have provided their comments on variances greater than 10% and $10,000. DISCUSSION / OFFICER COMMENTS The commentary contained in the body of this report is in line with Financial Management Regulation 34(2)(b) that requires commentary on material variances to the Statement of Financial Activity at the


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nature/type, program or business unit level. The budget amounts in this report refer to the amended budget approved by Council on 10 March 2021. The Statement of Financial Activity shows a year to date actual closing position at 28 February of $11.125 million surplus (last month $12.518 million surplus) and was higher than the $4.816 million surplus that was budgeted. The following details the main reasons for this favourable variation to budget. Operating revenue is $0.170 million or 0.5% over budget (last month $0.928 million or 3.2% over budget). The main contributor to this variation is fees and charges which are $0.441 million or 6.3% above budget (last month $0.842 million or 14.9% above budget). Waste, health services, building services, holiday parks and recreation centre income have exceeded expectations due to increased development or customer/visitor activity. Operating expenditure is $2.577 million or 9.2% under budget (last month $1.803 million or 7.4% under budget). Employee expenses are $0.392 million or 3.7% under budget (last month $0.367 million or 3.9% under budget) and materials and contracts are $2.350 million or 28.7% under budget (last month $2.198 million or 30.6% under budget). The largest under budget variations for materials and contracts have been recorded for asset services, community buildings, fire prevention, road maintenance, parks & gardens, plant operating costs, town planning, Turner holiday park, waste services, landcare, the HEART and communications & marketing. Depreciation is $0.267 million or 4.1% over budget (last month $0.503 million or 9.1% over budget) as a result of the calculation incorporating updated asset values, new assets and changes to asset lives. The following table provides a breakdown of actual to budget performance for employee expenses. At this stage the main contributor to under budget employee expenses is salaries and wages which are 4.1% under budget (last month 3.8%). Most business units are recording under budget expenditure while some business units, such as the HEART and outside school hours care, are over budget due to the use of casual staff.

Category Amended Budget YTD Budget YTD Actual YTD Variance Employee provisions 1,246,210 814,839 824,013 9,174 Salaries & Wages 12,734,197 8,348,034 8,009,130 (338,904) Superannuation 1,602,108 1,047,537 1,065,754 18,217 Workers Compensation 215,760 141,074 114,207 (26,867) Fringe Benefits Tax 85,420 62,912 42,540 (20,372) Recruitment expenses 26,000 16,250 13,938 (2,312) Training & Education 257,000 127,000 65,585 (61,415) Uniforms & PPE 45,320 35,230 60,581 25,351 Memberships 0 0 5,332 5,332 Total 16,212,015 10,592,876 10,201,080 (391,796)

Grants for capital works are $2.243 million or 33.4% above budget (last month $4.387 million or 111.6% above budget). The grant received for the Karridale fire appliance, developer contributions exceeding budget projections due to increased development activity and the recognition of grants received for the main street project are the main reasons for this positive variation. Capital expenditure of $1.181 million during the month ($1.596 million last month) was $1.112 million higher than the budget for the month of $0.073 million. The budget for the month is low due to the budget amendments that were processed. On a year to date basis capital expenditure is $1.799 million or 12.2% under budget (last month $2.911 million or 19.9% under budget). The main variations are:

• construction of major infrastructure projects at the Davis Road landfill site are progressing but have not achieved budget timing projections and are $0.664 million under budget;

• the delayed delivery of a new tracked loader for the landfill site has contributed to a further $0.467 million under budget expenditure for the waste services area;

• building projects are $0.533 million under budget due to the timing of the HEART retractable seating project (seating has been delivered and invoice is expected), the timing of the Aquatic


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Centre building renewal project (procurement process for architect in progress) and installation of solar panels for the Civic Administration Centre (procurement in progress);

• purchase of furnishings and other internal works for the HEART are $0.117 million under budget after some building works were deferred;

• infrastructure upgrade projects are $0.081 million over budget due primarily to the completion of the Margaret River main street project with contract variations still to be finalised;

• infrastructure renewal projects are $0.213 million under budget with the main under budget variations occurring for road rehabilitation, path preservation, drainage and marine facilities projects;

• purchases in accordance with the plant and vehicle replacement program are $0.217 million under budget with delivery of most items expected; and

• infrastructure, building and equipment for holiday parks are $0.089 million under budget with final invoices to be received for the amenity block renovation project and the fit-out of the new chalets.

Capital expenditure for the month included:

• $0.502 million for a fire appliance for Karridale is fully funded by Emergency Services Levy grants;

• $0.612 million on road related projects included $0.208 million on infrastructure upgrade projects, primarily the Margaret River main street upgrade, and $0.403 million on infrastructure renewal projects, primarily road preservation and rehabilitation projects, gravel re-sheeting and path preservation projects; and

• minor expenditure amounts for waste services, community buildings Gloucester Park, parks & gardens, plant replacement program and holiday parks.

Financial performance against budget is shown in the following charts.


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Following is the Statement of Financial Activity for the year ending 28 February 2021.


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SHIRE OF AUGUSTA MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 28 February 2021

BUSINESS UNITS 2019-20 2020-21 2020-21 2020-21 2020-21 2020-21 YTDLast Year Original Amended Month of YTD YTD Variance COMMENTS

Actual Budget Budget Feb Budget Actual >10% &$ $ $ $ $ $ >$10,000

Net Current Assets at 1 July surplus/(deficit) 3,570,109 2,247,875 2,405,479 2,247,875 2,405,479

Revenue from Operating ActivitiesRates 22,686,101 22,714,952 22,764,952 147,041 22,758,452 22,779,273 0General Financing 2,142,610 1,128,361 1,066,357 193,450 770,715 762,038 0Chief Executive Officer 0 0 0 0 0 1,000 0Director Corporate & Community 0 0 88,000 201 0 201 0Finance 19,686 21,469 21,469 0 8,100 11,446 0COVID-19 Response and Recovery 0 0 0 0 0 0 0Records 1,175 400 400 60 200 1,456 0Corporate Services 2,940 0 5,000 519 5,000 6,060 0Customer Services 154,874 184,000 184,000 13,570 122,200 112,825 0Information Comm. Technology 4,055 0 0 150 0 1,423 0Human Resources 0 0 17,000 0 17,000 16,782 0Community Planning & Development 44,886 24,971 79,971 5,462 33,271 19,987 (13,284) Timing: recognition of grant incomeLegal & Governance 212,678 0 5,000 0 0 6,395 0Community Fire & Emergency Services 567,292 839,045 811,740 12,496 561,098 520,347 0Rangers 141,458 148,564 148,564 21,482 108,876 112,195 0Libraries 38,015 40,100 40,100 2,125 24,300 21,149 0Environmental Health 133,543 39,420 84,520 6,400 62,380 69,324 0Outside School Hours Care 443,762 452,450 452,450 30,340 291,650 290,416 0Waste Services 5,020,146 4,952,645 5,076,252 433,297 3,519,346 3,556,684 0Planning & Development Services 313,130 260,000 305,000 14,750 273,000 269,527 0Community Buildings 40,690 0 0 1,169 0 11,786 11,786 Perm: insurance claim payoutMargaret River Recreation Centre 609,391 794,100 830,100 56,004 528,300 544,372 0Margaret River HEART 37,050 249,314 319,350 14,828 150,805 145,288 0Augusta Recreation Centre 27,369 34,000 34,000 2,741 22,000 19,150 0Gloucester Park 47,301 59,000 59,000 5,686 41,000 34,411 0Parks and Gardens 14,675 14,150 29,365 0 19,715 19,715 0Asset Services 122,493 50,700 60,700 12,774 32,050 49,070 17,020 Timing: fees and chargesLandcare & Environmental Services 3,000 87,500 0 500 0 3,000 0Maintenance 65,658 0 295,479 49,819 295,479 49,819 (245,661) Timing: DRFWA grant claimPlant Program 91,576 50,470 50,470 0 38,095 18,652 (19,443) Timing: disposal of plant & vehiclesCaravan Parks 1,935,026 2,140,000 2,190,000 289,549 1,587,670 1,904,787 317,117 Timing/Perm: occupancy and bookingsBuilding Services 203,902 220,000 240,000 36,263 166,400 231,422 65,022 Timing/Perm: building applicationsWorks Overheads 1,364 0 0 0 0 2,500 0Plant Operation Costs 8,520 0 0 0 0 0 0Other Property and Services 332,182 47,000 58,000 7,687 48,000 62,910 14,910 Perm: notional recognition of gravel stock revenue

35,466,852 34,552,611 35,317,239 1,358,360 31,485,102 31,655,409 170,307Expenditure from Operating Activities

Revenue (385,269) (537,606) (537,606) (21,660) (261,586) (239,926) 0General Financing (570,183) (531,824) (566,824) (21,230) (328,683) (303,542) 0Members of Council (314,492) (268,992) (278,992) (19,617) (184,128) (153,584) 30,544 Timing: training, reimbursement of expensesChief Executive Officer (532,967) (494,824) (494,824) (28,591) (332,015) (279,761) 52,254 Timing: contribution to Regional AirportDirector Corporate & Community (364,164) (463,782) (672,830) (27,362) (439,708) (409,026) 0Director Sustainable Development & (521,735) (504,030) (504,030) (35,933) (328,735) (284,539) 44,196 Timing/Perm: employee expensesInfrastructure (509,211) (152,190) (159,190) (1,944) (106,509) (102,099) 0Finance (1,194,275) (1,099,958) (1,176,458) (33,918) (972,467) (922,817) 0COVID-19 Response and Recovery (304,607) 0 (203,000) (147) (203,000) (202,966) 0Records (174,637) (166,636) (166,636) (11,587) (108,762) (99,696) 0Corporate Services (211,132) (201,260) (193,260) (8,331) (136,440) (120,868) 15,572 Timing: stationery & printing, minor equipmentCustomer Services (491,933) (471,966) (471,966) (30,097) (308,173) (273,735) 34,438 Perm: employee expensesInformation Comm. Technology (984,695) (1,024,042) (1,062,042) (47,969) (791,794) (744,230) 0Human Resources (701,952) (678,022) (714,722) (58,295) (485,457) (477,480) 0Community Planning & Development (622,267) (710,167) (659,119) (41,614) (467,653) (365,445) 102,208 Timing: youth, arts & culture, access projectsLegal & Governance (366,074) (409,652) (429,652) (46,042) (276,994) (274,896) 0Communications & Marketing (439,908) (801,709) (778,709) (40,738) (523,805) (376,357) 0Community Fire & Emergency Services (1,257,613) (1,549,842) (1,613,537) (101,983) (1,070,550) (987,349) 0Rangers (671,089) (668,564) (688,564) (55,685) (468,367) (431,604) 0Beach Lifeguards (146,227) (142,800) (160,800) (39,691) (81,700) (80,943) 0Libraries (954,056) (990,113) (1,025,113) (83,959) (661,380) (646,345) 0Environmental Health (576,291) (606,474) (606,474) (36,710) (399,694) (366,398) 0Outside School Hours Care (480,213) (416,517) (401,517) (30,136) (266,778) (326,808) (60,030) Perm: employee expenses, vehicle costsWaste Services (3,563,765) (3,263,976) (3,521,576) (403,167) (2,284,087) (2,044,465) 239,622 Timing waste collection invoices, projectsPlanning & Development Services (1,145,036) (1,342,534) (1,367,534) (80,176) (934,997) (667,906) 267,091 Perm/Timing: employee expenses, projectsLandcare & Environmental Services (731,390) (1,108,140) (1,043,140) (62,626) (727,792) (456,086) 271,706 Timing: EMF projects, limestone cliff worksCommunity Buildings (2,241,182) (2,156,474) (2,214,416) (153,003) (1,475,612) (1,423,281) 0Margaret River Recreation Centre (2,061,811) (2,156,010) (2,177,959) (122,560) (1,443,408) (1,236,022) 207,386 Timing: building maintenance & utilitiesMargaret River HEART (1,043,239) (1,406,566) (1,474,102) (94,685) (973,017) (829,585) 143,432 Timing: maintenance, utilties, event grants, mktgAugusta Recreation Centre (105,975) (145,244) (145,244) (6,234) (102,081) (72,840) 29,241 Timing: projects & maintenanceGloucester Park (246,010) (204,200) (212,200) (11,646) (144,600) (143,572) 0Parks and Gardens (2,864,155) (3,024,555) (3,024,555) (204,943) (2,061,983) (1,820,772) 241,211 Timing: reserve maintenance, fire mitigationAsset Services (1,319,332) (1,237,518) (1,215,018) (81,978) (754,957) (669,682) 85,275 Timing/perm: projectsMaintenance (10,587,550) (9,210,724) (9,546,203) (774,357) (6,406,768) (6,017,081) 0Plant Program (26,308) (34,465) (54,465) (4,513) (54,465) (12,308) 42,157 Timing:disposal of plant & vehiclesCaravan Parks (1,340,723) (1,617,302) (1,617,302) (114,201) (1,138,822) (854,678) 284,144 Timing: maintenance, projects delayedBuilding Services (164,133) (163,312) (188,312) (12,219) (111,556) (107,543) 0Sustainable Economy (109,696) (144,735) (137,735) (6,622) (101,228) (78,822) 22,406 Timing: projectsWorks Overheads (483,501) (115,182) (165,182) (48,070) (125,403) (608,783) (483,380) Timing: under allocation of overheadsPlant Operation Costs 169,675 140,722 106,722 66,753 31,163 66,857 35,694 Timing: reduced fuel & repair costsOther Property and Services (137,606) (53,000) (53,000) (5,666) (27,500) (17,346) 10,154 Timing: workers compensation costs

(40,776,726) (40,134,185) (41,617,086) (2,943,151) (28,041,491) (25,464,329) 2,577,161


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SHIRE OF AUGUSTA - MARGARET RIVERSTATEMENT OF FINANCIAL ACTIVITYFOR THE PERIOD ENDING 28 February 2021

BUSINESS UNITS 2019-20 2020-21 2020-21 2020-21 2020-21 2020-21 YTDLast Year Original Amended Month of YTD YTD Variance

Actual Budget Budget Feb Budget Actual >10% &$ $ $ $ $ $ >$10,000

Operating activities excluded from BudgetDepreciation on assets 9,643,934 9,516,948 9,641,948 764,570 6,512,560 6,819,094 175,465 Perm: higher asset values & new assets(Profit)/Loss Asset Disposal 1,675,235 (16,005) (16,005) 0 (3,630) (18,652) (18,652) Timing: dependent on asset salesLoss on sale of land held for resale 9,091 0 0 0 0 0 0Other financial adjustments (2,325,234) 0 0 0 0 0 0

9,003,026 9,500,943 9,625,943 764,570 6,508,930 6,800,442 156,813

Amount attributable to operating activities 7,263,261 6,167,244 5,731,575 (820,221) 12,200,416 15,397,001

INVESTING ACTIVITIESNon Operating Grants & Contributions

Community Fire & Emergency Services 703,787 1,101,000 1,101,000 501,594 0 501,594 501,594 Timing: ESL grants for replacement appliancesWaste Services 33,346 0 0 0 0 0 0Planning & Development Services 233,525 200,000 200,000 49,416 140,000 189,034 49,034 Perm: increased DCPs resulting from subdivisionsCommunity Buildings 1,260,626 160,000 160,000 0 160,000 0 (160,000) Timing: recognition of solar panels contributionMR Recreation Centre 10,000 0 0 0 0 0 0Gloucester Park 0 719,289 719,289 (127,302) 40,000 32,698 0Parks and Gardens (49,698) 0 0 0 0 0 0Construction 13,919,501 4,571,338 7,822,338 223,964 6,383,338 8,242,848 1,859,510 Perm: recognition of main street grants

16,111,087 6,751,627 10,002,627 647,672 6,723,338 8,966,175 2,242,837INVESTING ACTIVITIES

Purchase Land and Buildings (2,625,059) (2,577,905) (1,878,579) (14,333) (1,609,569) (1,037,383) 572,186 Timing: works in progressPurchase Infrastructure Assets - Other (1,809,992) (2,877,870) (2,872,870) (46,965) (1,164,000) (344,129) 819,871 Timing: waste cell & leachate pond projectPurchase Infrastructure Assets - Roads (18,546,425) (13,102,838) (16,929,500) (611,712) (10,848,093) (10,716,439) 0Purchase Plant and Equipment (2,092,805) (2,811,500) (2,738,230) (508,044) (882,230) (717,567) 164,663 Timing: plant & vehicle replacements/purchasesPurchase Furniture and Equipment (94,850) (231,700) (249,118) 0 (219,118) (108,923) 110,195 Timing: purchases delayedProceeds from Disposal of Assets 554,661 286,500 286,500 0 187,000 48,169 (138,831) Timing: dependent on asset salesProceeds from Sale of Land Held for Resale 122,727 0 0 0 0 0 0Advances to Community Groups (19,525) 0 0 0 0 0 0Proceeds from Self-Supporting & IF Loans 18,277 19,628 19,628 2,500 5,723 5,723 0

(24,492,991) (21,295,685) (24,362,169) (1,178,554) (14,530,287) (12,870,549) 1,528,084

Amount attributable to investing activities (8,381,904) (14,544,058) (14,359,542) (530,882) (7,806,949) (3,904,374)

FINANCING ACTIVITIESRepayment of borrowings (924,549) (763,771) (763,771) (23,559) (446,291) (426,908) 0Payments for principal portion of lease liabilities (45,108) 0 (70,000) (5,855) (46,800) (45,993) 0Proceeds from borrowings 810,000 810,000 0 810,000 0 (810,000) Timing: loan to be drawn in 4th quarterUnspent Loan 194 223,705 223,705Transfers to reserves (restricted assets) (4,455,667) (423,019) (668,768) (8,499) (84,303) (84,303) 0Transfers from reserves (restricted assets) 8,949,451 8,529,899 9,096,801 0 190,000 190,000 0

Amount attributable to financing activities 3,524,127 8,376,814 8,627,967 (37,913) 422,606 (367,205) (810,000)

Net Current Assets Surplus (Deficit) 2,405,479 0 0 (1,389,015) 4,816,073 11,125,423 Outstanding Debtors The following charts compare the outstanding balance of rates and services and the outstanding balance of rates and services in arrears for the current and previous years. At 28 February 2021 outstanding rates and service charges raised this year totalled $3.992 million compared to $3.847 million at the same time last year and is a year on year increase of 3.8%. The number of rateable assessments has also slightly increased from 4,909 to 4,979. A more complete comparison of year to year performance won’t be possible until after the due date of the final instalment of 1 April 2021. Rates and service charges in arrears totalled $0.342 million compared to $0.342 million at the same time last year and is a year on year increase of 0.1%. However, the number of rateable assessments has reduced from 178 to 163.


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Investments At 28 February 2021 the Shire’s cash on hand, deposits and investments totalled $29,266,813 (a decrease of $241,653 to last month’s total of $29,508,466). Total investment interest earned for the year was $126,527 and did not achieve the budget of $136,550. Term Deposits – Cash Management At the end of February, the Shire had the following short-term facilities (term deposits).


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Maturity Term Days Institution (ADI) Principal $

Interest Rate Interest $

8/3/21 182 NAB 5,000,000 0.70% 17,452 2/4/21 365 Bendigo Bank 1,000,000 1.35% 13,500 6/4/21 271 NAB 2,500,000 0.88% 16,334 13/4/21 182 Members Equity Bank 2,000,000 0.55% 5,485 13/4/21 182 Bank of Queensland 2,000,000 0.55% 5,485 10/5/21 182 CBA 2,000,000 0.38% 3,790 4/6/21 182 Bankwest 2,000,000 0.50% 5,012 12/8/21 181 Bankwest 2,000,000 0.35% 3,471

18,500,000 70,529

During the month the following changes were made to term deposits: • a term deposit of $2 million with Bankwest was rolled over 6 months at 0.35%.

The average rate of interest to be paid on all term deposits is 0.66% (last month 0.71%).


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In-Kind Support At 28 February 2021 a total of $3,818 of fee waivers had been approved. No additional donations, financial assistance sponsorships or fee waivers were approved during February. Reserves Movement to reserves represent interest earned on reserve funds and transfers to and from reserves. Apart from interest earned no reserve transfers were processed. Budget Amendments No budget amendments are proposed. STATUTORY ENVIRONMENT / LEGAL IMPLICATIONS Financial Management Regulation 34 requires a local government to prepare each month a Statement of Financial Activity reporting on the sources and applications of funds, as set out in the annual budget under Financial Management Regulation 22(1) (d). STRATEGIC PLAN / POLICY IMPLICATIONS Community Strategic Plan 2036 (CSP) Corporate Business Plan 2020-2024 Key Result Area 5: Effective leadership and governance Outcome 6: Measure and report on success and sustainability Strategy 1: effectively measure our success and progress to a sustainable future Service level strategy/plan: Continue to monitor monthly, year to date and annual financial performance including preparation of the annual financial report. PLANNING FRAMEWORK Nil FINANCIAL IMPLICATIONS Implications At 28 February 2021 the Shire’s financial performance is exceeding budget projections for liquidity and the net operating result. This is attributable to under budget capital and operating expenditure and over budget operating revenue and capital grants. Long Term Financial Plan Monthly financial performance will influence the Long-Term Financial Plan by providing actual revenue and expenditure parameters to compare against forecast results. Whole of Lifecycle considerations Nil SUSTAINABILITY IMPLICATIONS Environmental As included in the report in business units such as Landcare & Environmental Services, Parks & Gardens, Waste Services, Environmental Health. Social As included in the report in business units such as Community Planning & Development, Town Planning, Recreation Centres, Parks & Gardens. Economic As included in the report in business units such as Sustainable Economy, Caravan Parks, Building Services, Town Planning, General Financing. ADVOCACY Nil IMPLICATIONS OF ALTERNATIVE RESOLUTION Nil


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VOTING REQUIREMENTS Simple Majority RECOMMENDATION That Council receives the Monthly Financial Report – February 2021 in accordance with Section 6.4 of the Local Government Act 1995 and Regulation 34 of the Local Government (Financial Management) Regulations. ADVICE TO APPLICANT / PROPONENT Nil ATTACHMENTS 1. Monthly Financial Report consisting of:

a. Notes to and forming part of the Statement of Financial Activity b. Financial Reports by Business Units


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12. MOTIONS FROM MEMBERS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 13. MOTIONS FOR CONSIDERATION AT NEXT MEETING 14. NEW BUSINESS OF AN URGENT NATURE

14.1. Members 14.2. CEO

15. CONFIDENTIAL BUSINESS 16. CLOSURE OF MEETING

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