1. home and garden
2. home furnishings
3. rugs and carpets

Shire of Capel
MINUTES
ORDINARY COUNCIL MEETING
Wednesday, 22 July 2009
SHIRE OF CAPEL
TABLE OF CONTENTS
ORDINARY COUNCIL MEETING – 22.07.09
RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
.......................... 3
PUBLIC QUESTION TIME............................................................................................. 3
APPLICATIONS FOR LEAVE OF ABSENCE
................................................................. 5
DECLARATIONS OF INTEREST..................................................................................... 5
NOTICE OF ITEMS TO BE DISCUSSED BEHIND CLOSED DOORS
.............................. 6
OC0709 CONFIRMATION OF MINUTES – 08.07.09 ..................................................... 6
ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION ........................... 6
PETITIONS/DEPUTATIONS/PRESENTATIONS
......................................................... 6
MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
QUESTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
..................................... 6
................................. 6
ENVIRONMENTAL HEALTH SERVICES REPORTS .......................................................... 7
ENVIRONMENTAL HEALTH SECTION ........................................................................... 7
OC0710
(13.1.1) Contaminated Site, Capel Basketball/Tennis Courts Goodwood Road ......... 7
PLANNING AND DEVELOPMENT SERVICES REPORTS ................................................ 10
BUILDING SERVICES SECTION
.............................................................................. 10
PLANNING SERVICES SECTION................................................................................. 10
OC0711
OC0712
(14.2.1) Planning Consent Application Lot 1 Maidment Pde, Dalyellup (C5.2.D.8) .. 10
(14.2.2) Extractive Industry – Lot 2 Calinup Road, Gelorup (C.5.2.N.76).............. 24
(14.2.3) Home Occupation – Lot 5 (No 5) Brockman Street, Capel (C5.2.C.131) ... 25
TECHNICAL SERVICES REPORTS ............................................................................... 31
TECHNICAL SERVICES SECTION
............................................................................ 31
CORPORATE AND COMMUNITY SERVICES REPORTS ................................................. 31
GOVERNANCE ........................................................................................................... 31
OC0713
(16.1.1) Trading Hours Amendment Bill ........................................................... 31
COMMUNITY SERVICES SECTION
.......................................................................... 34
FINANCE AND RATING SECTION............................................................................... 34
OC0715
OC0723
(16.3.1) Adoption of 2009/10 Budget and Differential Rates ............................... 34
(16.3.2) Accounts Due and Submitted for Authorisation ..................................... 44
OC0724
(16.3.3) Accounts Paid During the Month of June 2009 ...................................... 47
COMMUNITY RANGER SERVICES
........................................................................... 55
NEW BUSINESS OF AN URGENT NATURE
PUBLIC QUESTION TIME
............................................................... 55
....................................................................................... 55
MOTIONS WITHOUT NOTICE (ABSOLUTE MAJORITY BY COUNCIL)
...................... 55
NOTICES OF MOTION FOR CONSIDERATION AT THE NEXT ORDINARY MEETING OF
THE COUNCIL .............................................................................................. ............ 55
ITEMS FOR CONSIDERATION BEHIND CLOSED DOORS
.......................................... 55
MEETING CLOSURE ................................................................................................... 55
SHIRE OF CAPEL
MINUTES OF THE ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY, 22 JULY 2009 COMMENCING AT 4.39PM.
PRESENT:
President
Deputy President
Councillors
Chief Executive Officer
Director Corporate & Community Services
Director Planning & Development Services
Manager Health Services
A/Director Technical Services
Senior Planning Officer – Strategic
Minute Secretary
MT Scott
KV Caratti
S Akl
BW Bell
JA Fuller Hill
K Gibson
NR Jones
S Manley
GJ Norton
JA Scott
MM Smith
PF Sheedy
AJ Ross
C Burwood
CR Dent
S Faber
G Bishop
AD Evans
GALLERY:
23 members of public
RESPONSE TO PREVIOUS PUBLIC QUESTIONS
TAKEN ON NOTICE
Nil
PUBLIC QUESTION TIME
Celestin Hutchinson – 2/19 Diamond Street, Dalyellup: As this is a major and
contentious issue for this Shire – In the process of making a decision on the
extension of the permit for the dump site, is Council going to do a legitimate and
independent survey – that is: a referendum of the Dalyellup Community to get clear
about how many people oppose the extension? If so, and Council finds the majority
of residents oppose it, will Council vote in accordance with the community’s wishes
and close the site?
The Chief Executive Officer, Mr Sheedy, responded: No, the Shire is not going to
hold a referendum as we have satisfied all requirements.
David Yeoman – 7 Edwinstone Close, Dalyellup: Are the councillors aware of the
Inorganic Chemical Production Wastes classification K178 and the content held within
it as we believe that this site falls within this classification and if it does, are you
aware of the dioxins mentioned?
Senior Planning Officer – Strategic, Mr Bishop, responded: If community members
are concerned about the contents of the waste they should take the opportunity to
comment on the environmental licence that is administered by the Department of
Environment and Conservation (DEC). The Shire understands that the application for
a new licence will be advertised by the DEC for comment in Monday’s West
Australian, if not next Monday, then the one after.
Charles Newell – 12 Daablone Vista, Dalyellup: Has there been any testing for
radiation in local area of the disposal site for contamination ie 1-2 km from site and if
not, why not? If so, (what were) the results? I believe they do (testing) in Capel.
ORDINARY COUNCIL MINUTES – 22.07.09
4
Mr Bishop responded: No.
Mr A Ross left the Chambers at 4.42pm and returned at 4.43pm.
Cherie Russell – 6 Zedor Way, Dalyellup:
Have Dalyellup residents received
information from an independent body that guarantees the site poses absolutely no
health risk?
Mr Bishop responded: The activity operates under an approval from the Minister for
the Environment after assessment by the EPA and also is subject to licence under
Part 5 of the Environmental Protection Act. If community members are concerned
about the contents of the waste they should take the opportunity to comment on the
environmental licence that is administered by the Department of Environment and
Conservation.
Denis Newell – 12 Wornt Road, Dalyellup: Would all Councillors who know the
chemical composition of what Cristal Global is dumping at Dalyellup please raise their
hand?
The Chairman ruled this question inappropriate.
Mr Newell: Would the Councillors who live in Dalyellup please raise their hand? Is
the report on the titanium dioxide waste totally independent and totally without
Cristal Global input including funding?
Mr Bishop responded: The Chairman of the Environmental Protection Authority
(EPA) provided a letter earlier this year that the EPA was satisfied subject to
compliance with the conditions of Ministerial Statement 332 that there would not be
any additional environmental impact and that there would be no further
environmental assessment required. It would be satisfactory for the activity to be
continued under the present Part 5 licence process.
Rajeev Sud – 23 Macedon Road, Dalyellup: The Shire policy regarding the extension
of the waste site beyond 2010 is an area of concern: (1) If 300 petitioned to have
the site closed and 3 petitioned to keep it open, an overwhelming majority want it
closed even though 4,500 abstained. (2) Was the initial application for the waste
site too large and the government misled to the number of years it would take to fill
up? (3) Millennium claims that the exposure level is equal to 1 x-ray for 8 hours of
play at an average of 2 hours a week, it will account to 13 x-rays a year which is
excessive. (4) Why was the item not advertised in the yearly picnics – where more
people would have time to react?
Mr Bishop responded: The application did not require advertising at all but the
Council decided to advertise it anyway. Council used the local newsletters in
accordance with previous survey feedback from the communities within the Shire.
The company has advised that the volume of waste relative to the volume of product
has been reduced over the time of the operation and therefore the available volume
of the site has not been used up as quickly as expected. The activity is monitored to
the requirements of the Radiological Council of WA.
Suzanne Bairstow – 21 Hutt Drive, Dalyellup: Has the Council considered the
consequences of a massive dune blow-out, such as the one near the surf life saving
club, should it happen in the area north of Hutt Drive, where the proposed sporting
complex is to be held – a great possibility considering the number of kids who would
be inclined to take a short cut to the beach? Please comment on the health,
environmental and upkeep expenses involved.
ORDINARY COUNCIL MINUTES – 22.07.09
5
Mr Bishop responded: There will be no provision for public access to the beach in
front of the site. The dune system is in excess of 25m in height and does not lend
itself to public access in any event. The surf life saving club is located in an area of
pre-existing dune blow-out and it is likely that additional foreshore stabilisation and
management will be required at that site as population pressure increases.
Celestin Hutchinson: How much money is the Shire of Capel going to receive by
granting permission for the extension of this permit, to Millennium Chemicals
(Global) either in the form of a playing field, or in other monetary payments?
Mr Sheedy responded: $950,000 is the sum that has been offered by the applicant.
$150,000 will be used to carry out a study on the sporting facilities and the rest
would be used for facilities in Dalyellup.
Celestin Hutchinson: Please comment on why Council seems to be pushing to have a
toxic waste dump in its largest residential community in the Shire of Capel.
Mr Bishop responded: It is a matter of opinion as to whether the site is a “toxic
waste dump”. Contaminants are not necessarily toxic unless there is an exposure
path that would cause a toxic level to occur. If community members are concerned
about the contents of the waste they should take the opportunity to comment on the
environmental licence that is administered by the Department of Environment and
Conservation.
Celestin Hutchinson: Is the Council representing the community?
Mr Sheedy responded: We have advertised for the 35 day period as part of this
process and Council will consider the interest of the whole community.
Leteisha Jewell: 43 Gelorup Rise, Gelorup: Does anyone know what effect this will
have on the next generation?
Mr Bishop responded: No.
Genevieve Daley – 43 Gelorup Rise, Gelorup: Do you have any evidence that the
kangaroos living on the dump are healthy and fertile? Would you like to live on a
toxic waste dump?
Mr Bishop responded: No.
Leteisha Jewell: So does that mean that you don’t know if this will create new
cancers/diseases?
APPLICATIONS FOR LEAVE OF ABSENCE
Nil
DECLARATIONS OF INTEREST
Mr Sheedy declared an impartiality interest in Item 14.2.1 Planning Consent
Application Lot 1 Maidment Parade, Dalyellup. The nature of the interest is that he is
a resident of Dalyellup.
Cr N Jones declared a proximity interest in Item 16.3.1 Adoption of 2009/10 Budget
and Differential Rates. The nature of the interest is that he owns property adjoining
proposed roadworks included in the Budget.
Cr K Gibson declared an impartiality interest in Item 16.3.1 Adoption of 2009/10
Budget and Differential Rates. The nature of the interest is that he is a partner in a
solar panel supply and installation company and he has provided quotes to a supplier
who is quoting for a job for the Shire.
ORDINARY COUNCIL MINUTES – 22.07.09
6
Cr G Norton declared a proximity interest in Item 16.3.1 Adoption of 2009/10 Budget
and Differential Rates. The nature of the interest is that he owns property adjoining
proposed roadworks included in the Budget.
Cr J Scott declared a proximity interest in Item 16.3.1 Adoption of 2009/10 Budget
and Differential Rates. The nature of the interest is that she owns property adjoining
proposed roadworks included in the Budget.
Cr M Smith declared an impartiality interest in Item 14.2.1 Planning Consent
Application Lot 1 Maidment Parade, Dalyellup. The nature of the interest is that she
is a member of CoastSwap and Cristal Global donated $5,000 for CoastSwap to
purchase a car.
NOTICE OF ITEMS TO BE DISCUSSED BEHIND
CLOSED DOORS
Nil
OC0709 CONFIRMATION OF MINUTES – 08.07.09
Moved Cr Smith, Seconded Cr J Scott
That the minutes of the Council Meeting held on 8 July 2009, as printed, be
confirmed.
Carried 11/0
VOTING REQUIREMENTS
Simple majority
ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION
The Chairman announced that Item 14.2.2 Extractive Industry – Lot 2 Calinup Road,
Gelorup, has been withdrawn from the Agenda at the request of the Applicants.
PETITIONS/DEPUTATIONS/PRESENTATIONS
Nil
MOTIONS OF WHICH PREVIOUS NOTICE HAS
BEEN GIVEN
Nil
QUESTIONS OF WHICH PREVIOUS NOTICE HAS
BEEN GIVEN
Nil
ORDINARY COUNCIL MINUTES – 22.07.09
7
ENVIRONMENTAL HEALTH SERVICES REPORTS
ENVIRONMENTAL HEALTH SECTION
OC0710 (13.1.1) Contaminated Site, Capel Basketball/Tennis Courts Goodwood Road
REPORTING OFFICER
Colin Dent - Manager Health Services
14.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
Shire of Capel
MATTER FOR CONSIDERATION
Closure of the Capel basketball/tennis courts at the Capel Recreation Ground,
Goodwood Road, Capel to allow for the rehabilitation of the area by removing the
contaminated fill.
ATTACHMENTS
Provided under separate cover:
1.
Executive Summary Radiological Assessment (Phase 1), Coffey Environments,
16 March 2009
2.
Executive Summary Radiological Assessment (Phase 2), Coffey Environments,
29 June 2009
APPLICANT’S SUBMISSION
Nil
BACKGROUND
Council’s Sports and Recreation Plan identified the need to redevelop the Capel
Recreation Ground. This redevelopment includes installing improved floodlighting,
replacing the sports pavilion and installing new hardcourts closer to the building.
The project to replace the Capel Sports pavilion commenced in 2008/09 but was
delayed due to the need to undertake a radiological survey of the site. This survey is
required as the banks of the hardcourts would be disrupted by the building
construction process and the source of fill for this area was mineral sands tailings.
At its meeting on 11 February 2009 Council approved unbudgeted expenditure to
conduct this survey (minute reference OC0203). Coffey Environments were engaged
to carry out this radiological survey in March 2009. As a result of receiving the
results of the radiological survey the Shire is looking to firstly, close the courts to the
public and secondly, remove the contaminated material from the basketball/tennis
courts at the Capel oval. This will be done in conjunction with Iluka Resources.
The Radiological Council of Western Australia carried out a radiation survey of the
Capel townsite in late 1981 and early 1982. The survey found that a range of
buildings and localities within the townsite exceeded the background radiation levels
set for human habitation. Between 1982 and 1988 the majority of the sites in the
townsite were rehabilitated by Westralian Sands (a predecessor of Iluka Resources).
Capel Recreation Ground was one of the sites identified in the survey which found
that both the oval and the basketball/tennis courts had a higher than background
radiation reading. The oval was one of the last sites to be cleaned up in 1988.
ORDINARY COUNCIL MINUTES – 22.07.09
8
During the rehabilitation process at the recreation ground it was noted that whilst
there were elevated radiation readings at the basketball courts the readings were on
the banks of the courts and were therefore not considered to be a threat to public
health.
The basketball/tennis courts have been registered as a contaminated site with the
Contaminated Site Section of the Department of Environment and Conservation as
required under the provisions of the Contaminated Sites Act and Regulations.
Council, as owner of the site, is responsible for the remediation of the site. Council
has a total of seven sites registered under the Act.
STATUTORY ENVIRONMENT
Contaminated Sites Act 2006 and Regulations
The radiological parameters for human exposure to radiation are set by the
Radiological Council through the Radiation Safety Act 1975 and the Radiation Safety
(General) Regulations 1983.
The Australian Radiation Protection and Nuclear
Agency, National Directory for Radiation Protection set the national standards.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Before the site can be rehabilitated the infrastructure on the site has to be removed,
this includes light poles, backboards and two buildings. The lights can be reused on
the new multi use courts. A budget allowance of $40,000 has been set aside for
works associated with the remediation of the site. This budget excludes removal of
fill which will be funded by Iluka Resources.
STRATEGIC IMPLICATIONS
The rehabilitation of the Capel basketball courts meets the requirements of Core
Business Area 3, Health and Environment, and Core Business Area 4, Community
Services by encouraging a high level of environmental health and provides services
to the community that assist in achieving that level. Also to maximise the social,
recreational, cultural and economic opportunities for our communities.
CONSULTATION
Nil
COMMENT
The results as presented by the Coffey reports indicate that in a realistic worst case
assessment the maximum annual dose a member of the public could receive is an
exposure of twice the current dose limitation. The realistic worst case assessment
assumed an occupancy time of 1 hour per day for 365 days per year in a small area
of the courts.
The report states that there are areas of the courts that exceed the legal health
requirements and goes on to outline several ways in which the levels can be lowered.
As the results are known Council now has a duty of care to prevent the public’s
exposure to harm and should apply risk management principles and use the
“precautionary principle” (a responsibility to intervene and protect the public from
exposure to harm, essentially Council have to anticipate harm before it occurs). The
most effective method of achieving this is for Council to close the basketball courts to
the public and remove the infrastructure; this will assist in preventing people from
entering and using the site.
ORDINARY COUNCIL MINUTES – 22.07.09
9
There are several steps that must be taken before the area can be rehabilitated.
Council staff have commenced discussions with both the Contaminated Sites Section
of the Department of Environment and Conservation and the Radiological Section of
the Department of Health regarding the approval to remediate the site.
The closure of the courts will not lead to any major disruption to the use of the oval
as the oval lies outside the affected area. The basketball club and the tennis club
have both ceased using these courts for competition.
It should be stressed the radiation at the courts is not considered a serious threat to
health as the normal level of usage by any individuals has been lower than the
realistic worst case assessment outlined in the Coffey report.
With the proposal to reconfigure the courts, and knowing the site contains
contaminated fill, Council exercised due diligence by having the site surveyed prior to
any construction work commencing. Now the area has been fully surveyed there are
certain protocols Council should implement before removing the contaminated
material. These are:
1.
close the site to public access;
2.
inform neighbouring land owners and occupiers of the reasons for the closure
and that rehabilitation work will be undertaken; and
3.
inform the community and casual users of the facilities of the reasons for the
closure and the rehabilitation works to be undertaken.
OC0710 STAFF RECOMMENDATION/COUNCIL DECISION
Moved Cr J Scott, Seconded Cr Fuller Hill
That Council authorise the Chief Executive Officer to:
1.
Close the Capel basketball/tennis courts at the Capel Recreation
Ground situated at 17 Goodwood Road, Capel to the public as soon as
the area can be secured with fencing;
2.
Remove all infrastructure from the site;
3.
Inform landowners on Goodwood Road between Berkshire Street and
Upson Road that rehabilitation works will commence later this year;
4.
Advise the community and casual users of the closure of the courts;
and
5.
Liaise with Iluka Resources regarding the removal and disposal of
the contaminated material.
Carried 10/1
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MINUTES – 22.07.09
10
PLANNING AND DEVELOPMENT SERVICES REPORTS
BUILDING SERVICES SECTION
Nil
PLANNING SERVICES SECTION
Mr Sheedy declared an impartiality interest in Item 14.2.1 Planning Consent
Application Lot 1 Maidment Parade, Dalyellup. The nature of the interest is that he is
a resident of Dalyellup.
Cr M Smith declared an impartiality interest in Item 14.2.1 Planning Consent
Application Lot 1 Maidment Parade, Dalyellup. The nature of the interest is that she
is a member of CoastSwap and Cristal Global donated $5,000 for CoastSwap to
purchase a car.
OC0711 (14.2.1) Planning Consent Application Lot 1 Maidment Parade, Dalyellup
(C5.2.D.8)
REPORTING OFFICER
G E Bishop - Senior Planning Officer - Strategic
15.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
Cristal Global/Millennium Inorganic Chemicals Pty Ltd
MATTER FOR CONSIDERATION
An application for Planning Consent to extend the current approval to conduct the
land use of disposing of waste from the Millennium Inorganic Chemicals titanium
dioxide refining operations for a three year period beyond March 2010.
ATTACHMENTS
The following attachments are contained in the separate attachments booklet:
•
•
•
•
•
•
•
•
•
•
•
•
Location Plan
Development Plan
Schedule of Submissions
EPA Bulletin 706 of October 1993 (includes EPA letter dated 19 December
1988, EPA Bulletin 589 of October 1991 and Ministerial Statement 213 of
23 January 1992)
Ministerial Statement 332 of 8 December 1993
Letter from the Chairman of the EPA dated 24 February 2009
Current Licence No 6130/11 under Part V of the Environmental Protection Act
Letter from Regional Leader, Department of Environment and Conservation
dated 18 June 2009
Letter from the Radiological Council of WA dated 9 July 2009
Chapple Report of April 2002
Report Titled “RADON” of 30 July 2002
South West Environment Centre Report of 5 November 2002
ORDINARY COUNCIL MINUTES – 22.07.09
11
APPLICANT’S SUBMISSION
Background
Millennium Inorganic Chemicals (MIC) is a Cristal Global company that produces
titanium dioxide pigment (TiO2) for the use in the manufacture of paint, paper,
plastic, cosmetics and many other products. MIC has two manufacturing facilities in
the south west region near Bunbury. They are the Kemerton chloride plant and the
Australind finishing plant. Combined, the two plants produce around 100,000 tonnes
of finished pigment each year. MIC also operates a treated solid residue disposal
facility at Dalyellup, 8km south of Bunbury.
Treated residue from MIC’s process is transported to Dalyellup in a slurry form which
consists of 12-15% solid material. The dried residue is an inert, insoluble, non-toxic,
clay-like material. MIC continuously monitors the site as required under a licence
issued by the Department of Environment and Conservation (DEC). 20 years of
operation and monitoring at the site reveal no adverse impacts on the surrounding
environment or risk to human health.
Application for 3 Year Extension
Under the Ministerial Statement 332 condition M6:2 Site Management, the finished
level of the disposal ponds is to be 24m Australian Height Datum (AHD). Due to
improvements in processes and increased efficiency, the 24m level will not be
reached by March 2010. It is now anticipated that the 24m level will be reached by
2013. Thus, MIC is proposing a 3 year extension.
As approved by the Ministerial condition, the extent of disposal will not go above the
height of 24m AHD. This level is shown in the attached development plan. In the
development plan, the height limit of disposal is marked with a red line at the 24m
AHD level.
The development plan shows a mounded area to the north-east of the lot. This is
the stockpiled sand which has been kept to backfill the disposal ponds. The ground
level in this area will be re-contoured to a level of 26m, which will continue across
the site. The 26m level will satisfy the minimum coverage requirement of 2m of fill
on top of the ponds.
The proposed extension of time will ensure that the resource is fully utilised, which is
in line with national and state sustainable environmental objectives. In the case of
the sporting field option, the 3 year extension will also result in a uniform level
across the site thereby maximising the potential sporting field area.
MIC Community Consultation
MIC has always been proactive in engaging the Dalyellup community in decision
making processes. MIC believes that a consultative, informative approach allows the
community to become involved in projects from an early stage, alleviating any fears
and preventing the spread of incorrect information. This approach has proven
effective in communicating the proposed extension to Dalyellup residents.
MIC held two community information meetings before the application was lodged
with Capel Shire. The purpose of these meetings was to provide information to the
community, and to gauge the community’s view on the extension by giving them the
opportunity to provide input and feedback.
At the community meetings, MIC gave a historical perspective of the site’s
operations, and provided a vision as to the possible end uses of the site. Originally,
the site was expected to be rehabilitated into a natural dune system. However,
information presented to MIC by the Shire revealed that there was a need for more
ORDINARY COUNCIL MINUTES – 22.07.09
12
sporting facilities in Dalyellup. Upon investigation, it was revealed that sporting
fields may be a compatible end use for the site.
Transport Management
MIC and the transport contractor, BIS Industrial Logistics, have agreed to a
voluntary code of conduct for the operating of the trucks in Dalyellup. The details of
this are:
•
•
•
Trucks will only operate between 6am and 11pm each day.
Trucks will not travel faster than 40km/h whilst in the Dalyellup estate.
The use of engine brakes will be limited to emergencies only. They will not be
used in normal movements. This measure is to reduce noise impacting on
surrounding residents.
Brambles are committed to these measures and regularly communicate and enforce
them with drivers.
Any new driver is made aware of these rules before
commencement of duty. There is also a large sign erected at the exit of the landfill
facility reminding drivers of these measures.
MIC recognises that active management of the transport arrangements is vital in
maintaining a good community relationship, especially as more houses are built
along the truck route. In the Dalyellup locality the trucks turn off Bussell Highway at
Harewoods Road and then into Maidment Parade until they reach the site access road
adjacent to the “Green Patch”.
Handling Community Complaints
MIC has a detailed complaint handling procedure which is applied to the Dalyellup
operations, entitled Environmental Occurrence and Complaints Reporting.
This
procedure details:
•
•
•
•
The course of action from the time a complaint is received
Who is responsible for different actions throughout the process
The Investigation procedure
Reporting procedures
The instruction defines a “verified community complaint” as:
“…any notification by a member of the public or a government authority that an
emission, odour, noise or discharge is causing public concern. The complaint shall be
considered verified if the shift supervisor determines that the Company Operations
are the cause of complaint.”
Once a community complaint is received, it is recorded in the electronic
environmental occurrence report register. This register triggers an investigation
stage, and all managers are alerted as well as other relevant parties. Once the
investigation is complete, findings and outcomes are communicated back to the
original complainant.
MIC believes that the complaints system is thorough and adequate for handling any
possible complaints which may arise through the Dalyellup operations. Since 2002,
there have been 2 community complaints received.
The first complaint in 2002 involved a report of tankers exceeding the designated
speed limit. Although this report was unverified, MIC spoke to the transport
company and reminded them of “the importance of maintaining a healthy
relationship with the local community” (environmental occurrence report reference
number JPIN-5EQ8SU). The transport company took action in speaking with their
drivers, reinforcing the 40km/h speed limit. The complainant was contacted and
informed of the outcomes. It was reported the complainant was happy with the
outcome.
ORDINARY COUNCIL MINUTES – 22.07.09
13
The second complaint was received in 2007 and was a noise complaint which
involved the use of engine brakes on Harewoods Road. MIC spoke with the transport
company, who committed to reducing the use of engine brakes whenever possible.
This was communicated back to the complainant, who noted that, since reporting the
incident, the use of engine brakes had noticeably reduced.
As well as handling complaints, MIC believes in actively managing community
interests.
As such, MIC has encouraged community enquiries, and issues a
community fact sheet regarding the Dalyellup operations as needed.
Future Rehabilitation Costs
The original requirement under the operating licence was to return the site to natural
dune vegetation. The main rehabilitation costs are associated with covering the site
with 2m of sand and ongoing monitoring. These costs are independent of the final
rehabilitation option chosen, and are expected to be in the order of $2,000,000.
BACKGROUND
Minute No OC0107 of 2001 refers. Council resolved to grant Planning Consent to
waste disposal by Millennium Inorganic Chemicals Pty Ltd (MIC) subject to a Deed of
Covenant being entered into. Consistent with the term referred to in the Deed, the
Planning Consent specifies that the period of approval was until 2 March 2010.
MIC and their predecessor, SCM, have been using the disposal site at Dalyellup since
1989.
The site is now owned by Landcorp and is leased to MIC for a period that practically
mirrors the term of the Shire agreement. The original consent of the Shire to the
disposal by SCM of waste material was for a 5 year term. A second agreement was
negotiated in 1994 for an eight year term which was due to expire on 1 March 2002.
However, prior to that expiry date a new agreement extended the term to 2 March
2010 was negotiated in 2000. At that time a Planning Consent was required as Town
Planning Scheme No 7 which had been gazetted in 1998 identified the land use
“Waste Disposal” as an ‘AA’ use and therefore one requiring a specific planning
approval from Council.
Minute OC1211 of 2008 refers. Council endorsed the proposed extension of the
dumping of waste material at the Dalyellup disposal site by Cristal Global for a
further three year period from 3 March 2010, subject to them obtaining a planning
approval from Council and all other necessary State government agency approvals
subject to a number of conditions relating to the contribution of a total of $950,000
for capital projects in Dalyellup. The contribution includes an allowance of up to
$150,000 to cover consultant costs as part of the program to gain approval for the
use of the site to be used as sporting fields.
STATUTORY ENVIRONMENT
Town Planning Scheme No 7
The site is identified as lot 1, comprising of 21.7066ha and is situated in the sand
dunes west of Maidment Parade and south of the Water Corporation waste water
plant. The subject land was zoned Rural under Town Planning Scheme No 7 until the
Greater Bunbury Region Scheme was gazetted after which the Town Planning
Scheme No 7 was automatically amended pursuant to 126(1) of the Planning and
Development Act 2005 to include the land in a Reserve for Regional Open Space.
The waste site is therefore a Non-Conforming Use under Town Planning Scheme
No 7.
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14
Town Planning Scheme No 7 provides that a non-conforming use of land that was
legally operating prior to a change of zoning that made it non-conforming can
continue as of right unless it ceases. Clause 4.2 provides for the right to apply for an
extension of a non-conforming use although that would normally be in relation to
extending the area or size of the use. In this case there is no extension of the area
or permitted size of the use but given the time limit of the current Planning Consent
the application has to be treated as an extension.
Greater Bunbury Region Scheme
Apart from the requirement to obtain a Planning Consent from Council MIC will be
required to obtain an approval from the Western Australian Planning Commission
pursuant to the requirements of the Greater Bunbury Region Scheme (GBRS). Due
to the set up of the GBRS an applicant is required to lodge such an application with
the Shire but the Shire has no authority to determine the application and is required
to forward it to the WAPC within 7 days of receiving it. Council is required to make a
recommendation on the application to the WAPC within 42 days. For the purpose of
making a recommendation Council’s decision on the application for Planning Consent
under Town Planning Scheme No 7 will provide the basis of a recommendation to the
Commission.
Environmental Approval
In addition to any planning approvals that MIC are required to obtain it must meet
the requirement of the Environmental Protection Act, the Radiation Safety Act and
Radiation Safety (General) Regulations. In that regard the operation has been the
subject of assessments by the EPA and is approved by Ministerial Statements under
Part IV of the EP Act. It is also the subject of a licence under Part V of the EP Act.
The previous EPA assessments set out in its first letter dated 19 December 1988 and
subsequent Bulletins 589 of October 1991 and 706 of October 1993 along with
Ministerial Statements 213 of January 1992 and 332 of December 1993 are included
in the attachments booklet for this agenda. The assessments published in the
Bulletins and Ministerial Statements conclude that the operation is environmentally
acceptable subject to conditions. The Chairman of the EPA has also advised in a
letter to MIC dated 24 February 2009 (letter included in the attachments booklet)
that subject to compliance with Ministerial Statements 221 and 332 and most
particularly that the capacity of the site is not exceeded (as limited by the 24m AHD
contour level), the environmental impact of the operation will not increase. That
letter also states that the continued operation at the site can be managed under a
Part V licence.
The Department of Environmental and Conservation administers the process for the
issuing of a licence under Part V of the Environmental Protection Act. A copy of the
current licence is included as an attachment to this report. Part V of the Act sets out
a formal process for applications for licences to be assessed, including provision for
21 day public comment period prior to a determination and appeals against
conditions if a licence is issued. A new licence for a period beyond the current expiry
date of 18 January 2010 will be required for MIC to continue and they have recently
commenced the process for that application.
Advice was requested from DEC about risk from the waste and the monitoring
program. A letter from the Regional Leader SW of the Department of Environment
and Conservation dated 18 June 2009 (copy included in the attachments booklet for
this agenda) confirms that leaching from the site has not exceeded acceptable
environmental and health standards in the groundwater beneath the residue disposal
site since its inception. The letter also confirms that through a requirement to use a
NATA accredited laboratory to analyse samples, and it being an offence to breach
any condition of a licence or to provide incorrect or misleading information, the
ORDINARY COUNCIL MINUTES – 22.07.09
15
Department is provided with appropriate confidence, integrity and independence in
monitoring results and reports.
The DEC letter notes that matters of toxic risk are referred to the Department of
Health (DH).
Discussions with an officer of the Toxicology Branch of the
Environmental Health Directorate of DH suggests that they have not received or
asked for information that would enable a formal toxicological assessment of the
operation as the principle focus has been on radiation which has been addressed by
the Radiation Branch. The understanding that the waste is well contained and that
water leaching is monitored has lead to a conclusion that the factors that could result
in exposure to contaminants at toxic levels will be avoided. However the discussions
with DEC and DH officers have confirmed that if during the DEC assessment of any
future licence renewal members of the community raise concerns about toxicity they
can be specifically investigated by them.
Radiological Council of WA
The Radiation Branch of the Environmental Health Directorate of the DH reports to
the Radiological Council of Western Australian which is responsible for ensuring
public safety in relation to radiation. It requires anyone handling material that
contains radioactive elements to comply with the Radiation Safety Act and Radiation
Safety (General) Regulations. MIC has an approval from the Council which is subject
to a regime of monitoring and reporting to verify the safety of the operation. The
Council has advised MIC that it has no objection to the continued use of the site in
principal and will consider the proposal further with particular reference to proposed
radiation monitoring plans.
Notwithstanding that any Radiological Council approval stands separately from that
of the Shire Council’s Planning Consent advice was requested regarding the level of
radiation and monitoring. A letter from the Secretary of the Radiological Council
dated 9 July 2009 confirms that the emissions from the site after rehabilitation do
not exceed normal background levels on the Swan Coastal Plain (copy included in the
attachments booklet for this agenda). It also confirms that no adverse monitoring
results have been reported. Reports of monitoring are submitted annually by the
company for review by officers of the Radiological Council and they have also
conducted site visits to verify results.
Contaminated Site
The site was registered in May 2007 as a Contaminated Site, as required under the
Contaminated Sites Act 2003. The Contaminated Sites Branch of DEC must complete
a classification process of the registered site. The registration and classification
process gives notice of a contaminated material to any future owners or users of the
site so that it is not disturbed. The DEC data base cross references registered sites
to Works Licences so there is also a record of contaminants through licensing and
monitoring processes.
It also has the effect of identifying the source of
contamination and therefore who is responsible for causing it. The liability for
contamination will rest with MIC beyond any cessation of dumping and therefore it
has a clear incentive to ensure that the operation of the site is managed to avoid
both short and long term adverse effects.
Approval will need to be obtained from the Contaminated Sites Branch of DEC and
the Radiological Council for the option of using the rehabilitated site for playing
fields. If approval cannot be obtained the rehabilitation of the site will consist of a
dune vegetation system.
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16
Transport Approval
The operation of the trucks which deliver the waste to the site is subject to permit
control under the Road Traffic Act. A heavy haulage route is approved by Main
Roads WA by which the trucking company is permitted to operate truck trailer tanker
combinations to the site. As stated in the Applicant’s Submission the trucking
company limits the truck speed to 40km/h where it passes through the residential
area. This approach both reduces the risk of vehicle conflict and reduces damage to
road pavements during turning movements.
Conclusion
In conclusion it should be noted that regardless of any Planning Consent that might
be granted MIC can not operate without all the relevant approvals. That situation
serves to clarify what authority is responsible for what aspect of the activity and
highlights why it is not necessary for Council to attempt to duplicate an
environmental assessment process.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Some critical comment in submissions has focused on MIC having paid the Shire
funds while it continues to dispose of its waste at the site. Funds have been paid in
the past and will be paid in the future for the purpose of providing community
facilities at Dalyellup.
From the time of the original approval the company
constructed public roads (Harewoods Rd and Minninup Road which is now named
Maidment Parade, a new culvert over Five Mile Brook Division Drain and a public
access, car park and toilet block at Dalyellup Beach. A contribution was also made to
the Gelorup Community Centre. Subsequently funds were paid and to date most of
that remains in a reserve account for the future use. The fact that MIC is prepared
to make a further contribution of $950,000 to the provision of capital works for
community facilities is a demonstration of its willingness to create a public benefit
from the operation it conducts consistent with the practice of other large industrial
and mining companies in the South West.
There was no community at Dalyellup when the operation commenced in 1989 but
the company accepted that the Shire was best placed to ultimately adjudicate on
which community projects should receive funding as the need arises so the stage
contributions committed to in a Deed of Covenant are held in a reserve account for
future projects. However that cannot influence this decision before Council and does
stand apart from any Planning Consent that the Council may grant. It should be
noted that the Deed of Covenant negotiated in 2000 in which MIC undertakes to pay
moneys to the Shire specifically acknowledges that the deed is not be taken as any
consent required by the Town Planning Scheme.
A valid financial implication that is relevant to the application is that which potentially
flows from the possible end land use of the site for playing fields. The EPA has
stated in its past assessment (reported in Bulletin 589) that rehabilitation for
recreational use would be one of the few acceptable end land uses for the site given
its proximity to the sewerage treatment plant. Nevertheless a study of the site to
identify any limitations to its use for playing fields will be required. In that regard
MIC has identified that up to $150,000 could be needed to fund an environmental
assessment to confirm or otherwise the suitability of the site for playing fields after
disposal is completed. The company has agreed to meet that cost as part of its
further commitment to capital works in Dalyellup but it would be appropriate to
identify that as a condition of any Planning Consent.
ORDINARY COUNCIL MINUTES – 22.07.09
17
STRATEGIC IMPLICATIONS
Greater Bunbury Region Scheme
The Region Scheme reserves the subject land as Regional Open Space (ROS). It is
separated from the ROS which will be managed as the Ocean to Preston River
Regional Park by the reserve for Public Purposes which covers the sewerage
treatment plant. The land was also included in the ROS due to it being encumbered
by the odour buffer of the Water Corporation sewerage treatment plant and the
chlorine storage buffer for the scheme water treatment facility. The GBRS effectively
uses the ROS designation as a method of protecting the buffer of those strategic
State owned assets. Nevertheless a future use of the land for recreation would be
consistent with ROS designation provided that the risk of occasional odours is
acknowledged.
Shire of Capel Land Use Strategy
The Land Use Strategy includes the area within Planning Unit BU6. The objective for
the Unit is to provide for urban expansion whilst conserving significant areas of
natural environmental value. As the subject land is within the odour buffer of the
sewerage treatment plant it cannot be available for residential development and its
prior disturbance makes its use for playing fields development a practical
consideration.
Future Playing Fields
Shire of Capel Strategic Plan Core Business Area1 – Infrastructure, Action 4.6 states
“Provide, improve, maintain sporting fields and reserves for the enjoyment of the
community”. The provision of suitable options for the provision of playing fields for
the future needs of the community of Dalyellup has been an ongoing problem due
primarily to the reduction in areas that can be used for that purpose. This has come
about through demands to conserve areas of remnant vegetation on the recreation
reserve which was the former Gelorup tip reserve off Harewoods Road held by the
Shire. This has lead to a majority of the land being reserved for conservation under
the GBRS. Also areas given up for Public Open Space by subdividers are being used
to satisfy State and Federal Government requirements for habitat protection. The
disposal site provides an option for future playing fields if it is levelled and
rehabilitated to accommodate turf surfaces and a relevant geotechnical and
environmental assessment is completed to confirm its suitability for the purpose.
CONSULTATION
Town Planning Scheme No 7 does not require that an application such as that before
Council must be advertised for public comment as the application is for an extension
(of time) of a non-conforming use. However given the past public interest in the
matter it was decided to advertise the application for comment and in accordance
with Council’s recent practice a notice was placed in the community newsletters
circulating in the district of the Shire. In the case of Gelorup and Dalyellup the
newsletter is delivered to all households. The notice was also placed on the Shire
website along with an electronic copy of the application. Relevant Government
Departments were also provided with a copy of the application and invited to
comment. Submissions received are summarised in a Schedule included as an
attachment to this report. The advertisement period ran for 35 days although many
of the pro-forma submissions were received after the nominated closing date of
7 May 2009. The issue also received local television, radio and newspaper exposure
during the advertisement period.
A Schedule of Submissions is included as an attachment to this report. Submissions
have been summarised and responses from the applicants have been provided and
ORDINARY COUNCIL MINUTES – 22.07.09
18
are identified in italics. Staff comments in normal type and recommendations are
shown in bold type. The names of persons making the submissions have been
omitted based on advice from the Local Government Department. The submissions
in the form of a pro-forma letter were facilitated by one of the submitters. It should
be noted that when presented to the community for their use the pro-forma letter
was attached to a sheet titled “Dalyellup – The Uncomfortable Truth” which on
careful analysis can be seen to selectively present information, opinion and some
incorrect statements that does not present the “truth” about the activity. It is likely
that this has contributed to the level and style of responses from residents.
One submission attached a photocopy of a petition organised by the submitter with
the heading “As a community member I wish to inform Capel Shire Council that I
support the closure of the Millennium Inorganic Chemicals waste site in Dalyellup and
I do not wish the council to extend the period of approval to dispose of Titanium
Dioxide residue there.” It contains the names of 302 persons some of whom do not
reside in Dalyellup coming from localities of Mandurah, Eaton, Bunbury, Stratham,
Gelorup and Busselton.
Some of the persons including the author submitted
individual or pro-forma submissions. The petition adds no factual evidence to
support the contention that the application should not be approved.
COMMENT
Scope of Council’s Decision
Council does have a responsibility to receive and determine land use applications.
Where applicants exercise their right to make an application Council is required to
consider the applications to the best of its ability on the facts and merits of the case.
Applications cannot be summarily dismissed because some members of the public
have strong opinions that generate objections.
In making this land use planning decision Council should have regard to the matters
such as the potential affect on adjoining land uses, the affect of road transport, the
affect on the local environment and in the case of a short term land use what will be
the end or long term land use opportunities. It should confine itself to relevant
considerations to avoid making a decision which is open to review and therefore
being overturned. Relevant considerations will include the facts that can be gleaned
from the application, public submissions, and the decisions of government agencies
responsible for administering relevant legislation. In exercising its responsibility as a
planning authority Council has a quasi-judicial role in which it is obliged to consider
the facts and the merits of the case. In regard to public submissions it should have
due regard to the factual substance of submissions both for and against and not be
influenced by the weight of numbers or unsubstantiated opinions.
Applying
procedural discipline when making a land use planning decision, by focusing on the
relevant facts, is an important facet of such decisions. Any tendencies to do
otherwise will leave Council’s decision open to review both on matters of fact and
law.
Environmental and Health Risks
As noted in the Statutory Environment section of this report the issues relating to
environmental and health risks are dealt with by State authorities and relevant
conditional approvals are issued and monitored by them.
Nevertheless some
comments need to be made in response to the submissions which have raised
concerns about these matters.
While State authorities do address issues of
environmental impact and health risk in accordance with their statutory authority
and legislated processes the Shire is obliged to defer to them. This is evidenced by
the fact that any land use planning approval that it grants does not override the
requirement to hold approvals under other legislation. So long as the MIC holds
other relevant approvals purported issues of concern regarding them should not be
ORDINARY COUNCIL MINUTES – 22.07.09
19
used to influence the land use planning approval. It is important for Council to
consider those matters for which it has clear responsibility in making its land use
planning decision. Environmental matters are relevant considerations in land use
planning but where a responsible authority makes a decision dealing with such
issues; particularly where they are of a specialist/technical nature Council should
leave those matters to those authorities. It would be unsafe to make a land use
planning decision based on the concerns of residents about environmental and health
issues when the other authorities charged with the responsibility to address those
matters have made specific decisions about those issues. The relevant facts in
relation to these matters are that the responsible authorities have determined that
the activity can occur safely subject to monitoring and reporting to their satisfaction.
It should also be understood that those decision making bodies receive and assess
applications to them in accordance with a legislated framework which provides a
level of procedural fairness to applicants which can’t be overridden.
Some submissions have sought to degrade the value of the reporting to State
authorities because it is done by consultants engaged by the company. Apart from
ignoring that these consultants are specialists with NATA (National Association of
Testing Authorities) certification it ignores the commercial incentive of the company
to be informed as early as possible of any adverse environmental impacts from its
activity so that it can correct them and avoid creating a liability. Through the
operation of the Contaminated Sites Act the liability will be attached to the company
even after the operation finishes. Also the Ministerial Statement 332 requires that
the operation be conducted so as “to protect the environment from unacceptable
environmental impacts.” That condition gives broad scope for the company to be
prosecuted for a breach of approval and it is in its best interest to know whether it is
creating a legal and therefore financial liability of itself.
In the document referred to as the Chapple Report (copy included in the attachments
booklet for this agenda) the author gave no justification for the claim that all
residents of Dalyellup should be given independent information on the nature of the
waste so that they are able to make an informed decision. He made no comment as
to the scope of what the independent advice should cover. The report by Chapple
itself confirmed that on the rehabilitated portion of the site radiation readings were
the same as background levels for the Swan Coastal Plain. The EPA, DEC and
Radiological Council of WA had approved the activity and were satisfied that the site
did not pose a public health or environmental risk. Further, no residential properties
were exposed to the waste or included land affected by the waste so the claim that
residents should be informed is impossible to respond to and is susceptible to the
criticism that it is so vague as to be irresponsible. It is also ill-conceived in so far as
it seems to be directed to the Shire (that is the way it has been used in references
by persons in submissions) when the specific approvals which have authorised the
activity in respect to environmental management and public health risk come from
State agencies responsible for those issues. Robin Chapple was a member of the
Legislative Council of State Parliament at the time and would have known or should
have known the proper approach to pursue at State level any claims about risk that
could be sustained.
End Land Use
In considering the extension of the non-conforming use of waste disposal it is
appropriate to consider the effect on long term land use options for the site. It has
long been held that the only viable uses for the land are to return it to a coastal dune
land form and vegetation system, use it for recreation or a combination of the two.
The potential long term end land use of part of the site as playing fields is consistent
with the reservation of the land as Regional Open Space. The EPA advised in Bulletin
589 that recreation would be one of the only acceptable outcomes given the location
of the land within the odour buffer of the south Bunbury waste water (sewerage)
treatment plant. The conclusion that the site would be suitable for such a use after
ORDINARY COUNCIL MINUTES – 22.07.09
20
rehabilitation is also consistent with the predicted outcome that covering the residue
with 2m of sand will reduce the emission of radiation to background levels consistent
with the rest of the Swan Coastal Plain. However the suitability of the completed site
for sporting playing fields will need to be confirmed in the light of current legislative
requirements under the Contaminated Sites Act.
A total volume of 755,000 m3 (final settled volume after drying) of residue will have
been deposited at the site by March 2010 and will remain regardless of whether or
not an extension of time is granted. The disposal of residue until 2013 will not
exceed the volume of residue recommended by the EPA assessment in Bulletin 706
and approved by Ministerial Statement 332 as it will not exceed the 24m AHD level
specified. The company estimates that the additional final settled volume that could
be deposited over the extended period is 135,000 m3 which represents 15% of the
total potential volume of the site. The filling of the site with waste to the previously
approved contour and then the subsequent levelling of it with cover fill will create a
level area of 10-12 ha that could potentially be used for playing fields subject to
relevant approvals. The balance of the 21 ha site can be maintained as coastal dune
landscape and vegetation.
Objections to the end land use of playing fields which have come from residents of
Hutt Drive and others concerned about traffic pressure can be partly addressed by
not providing anything other than pedestrian/cycleway access from Hutt Drive and
maintaining a reasonable setback of the existing dune vegetation restoration
adjacent to Hutt Drive. Other concerns about the possible traffic impacts from a
sporting field complex may arise from a lack of awareness that the road network in
Dalyellup has been designed to cater for a larger community (16-17,000 people)
than currently exists. The level of traffic movements that could be generated by the
playing fields is not large relative to the capacity of the road network. The playing
fields would have to be developed in stages with the growth of the community and
according to the rate revenue base that will be required to support long term
maintenance so any traffic increase will be gradual and manageable.
The
intersection of the site access road on Maidment Parade may need specific design
assessment and upgrading but that does not mean the traffic impacts on Maidment
Parade will be significant relative to other traffic that could be moving through the
area when Dalyellup is fully developed. Norton Promenade and Maidment Parade are
classed as Neighbourhood Connector Roads within the district road hierarchy. They
have good connectivity to the rest of Dalyellup where the majority of the trips to the
playing fields would be generated and have the capacity to provide adequate road
access without loss of amenity to residents.
Land Use Conflicts
The site is within the odour buffer of the waste water treatment plant which is
expected to remain for the foreseeable future and the water table movement is
known to move towards the ocean. Those are some of the fundamental reasons why
the site was selected originally. There is no land use conflict arising from the site
itself which is confirmed by the EPA assessments, Ministerial Statements and DEC
licences and the ability for the site to be rehabilitated to a land form of coastal dunes
or recreation subject to further approval. Whilst the site is being used it is secured
by a perimeter fence and security patrols are conducted to verify the integrity of it.
The company has undertaken to continue with those arrangements and that should
be recorded in any approval if granted.
The only external impact that can be seen to potentially affect the community is the
delivery of the waste using truck/trailer combinations through the road network that
is used by a growing number of local residents. The truck movements are strictly
controlled and the trucking company adheres to a speed limit of 40 km/h which gives
increased margin to avoid conflict. The applicants have advised that the trucking
company uses the latest technology to increase public safety such as driver fatigue
ORDINARY COUNCIL MINUTES – 22.07.09
21
monitoring. There are approximately 7 deliveries per day between the hours of
6.00am and 11.00pm. When compared to the frequency of other potential truck
movements from sand carting and subdivision and housing construction that occur in
the locality this is not a significant number. However the truck movements have
been a concern raised by some residents and from their viewpoint the additional time
of three years will add to the problem. There will also be additional residents moving
into the area over the proposed extended period which could lead to further
awareness of the trucks. MIC has responded to complaints in the past and has
offered to work with the community to continue to try to improve the situation.
The portion of the disposal area closest to housing has been capped since 2003 and
has been rehabilitated.
Once rehabilitated it does not emit radiation above
background levels for the Swan Coastal Plain. The waste that is located in that
portion of the site will remain and the minimum coverage of 2m of sand will not be
disturbed by the development of playing fields if they are approved and proceeded
with so the extension of time to fill the balance of the site will not create a land use
conflict.
Site Stability Relative to Sea Level Rise
The base of the waste in the pits is approximately 7m above current sea level and
the western face of the pits vary from 135m to 160m from the western edge of the
frontal dune ocean high water mark. It is set back further from the ocean high water
mark than housing to the south. In March this year a group of scientists in Europe
presented findings which suggested a sea level rise of 1m by 2100 which is higher
than the fourth IPCC (International Panel on Climate Change) finding which predicts
up to 0.8m of rise. It should be understood that estimates for sea level rise are
calculated with computer modelling that has to use a range of assumptions and it is
expected that the severity of the rise will vary from region to region around the
world. The effects of storm events will vary with regions and also the threat of
erosion will vary with the geomorphology of localities among other things. Even if
the more severe predicted sea level rise of 1m by 2100 is applied to the WAPC SPP
2.6 State Coastal Planning Policy guidelines which includes allowing for sea level rise
the existing setback in front of the waste site is sufficient for the waste not to be
exposed. In any event the proposal to use the capacity of the site by filling to the
24m AHD level will not increase the risk of exposure due to sea level rise.
Conclusion
The relevant facts and merits of the case with respect to land use planning that are
applicable to this application are not complex and should not be clouded by
unsubstantiated comments and speculation. The application is only to extend the
time over which the operation can occur in accordance with existing environmental
approval from the Minister for the Environment and will be subject to a further
licence under Part V of the EP Act and approval from the Radiological Council through
which the operation will continue to be monitored.
755,000m3 of waste will have been deposited at the site by the end of the current
Planning Consent and a further 135,00m3 which represents 15% of the potential total
will be deposited if approval is granted to March 2013. If the community has
concerns over the environmental and health affects of the operation now or with any
extended time period they should direct those concerns to the relevant authorities
through the EP Act Part V licensing process.
The available facts confirm that the effect of this short term land use on the potential
long term use of the land and adjacent land uses in the locality will not cause a
conflict. Subject to further environmental approval it will provide a good option for
future sporting playing field development. Truck movements are carefully managed
by the truck contractors and the effect on the local road network and residents do
ORDINARY COUNCIL MINUTES – 22.07.09
22
not currently appear to be so adverse as to warrant not approving the application.
Ongoing community consultation about truck movements can provide an opportunity
to resolve further concerns if they arise and if necessary advice can be given to Main
Roads WA regarding the ongoing designation of Harewoods Road and Maidment
Parade as a heavy haulage route.
The Chairman advised that in paragraph 1(d) of the Staff Recommendation, the
condition referred to in Line 4 should read (c), not (b).
Cr M Smith left the Chambers at 5.46pm and returned at 5.48pm.
Mr Dent left the Chambers at 5.50pm and returned at 5.51pm.
Mr Ross left the Chambers at 6.00pm at returned at 6.01pm.
OC0711 STAFF RECOMMENDATION/COUNCIL DECISION
Moved Cr Caratti, Seconded Cr Bell
That Council resolves to:
1
Grant Planning Consent to the extension of the non-conforming use of
disposing of waste residue to lot 1 Maidment Parade, Dalyellup from the
Millennium Inorganic Chemicals Pty Ltd titanium dioxide refining
operations at Kemerton and Australind for a three year period beyond
March 2010 subject to:
(a)
The disposal activity ceasing on 4 March 2013.
(b)
The maintenance of the existing fencing of the disposal site and
the ongoing use of a security monitoring service to check the site
integrity on a regular basis.
(c)
Prior to cessation of disposal Millennium Inorganic Chemicals Pty
Ltd shall make all necessary applications and make all reasonable
efforts at its cost to secure relevant Government agency
approvals to confirm that upon cessation of disposal and
appropriate rehabilitation that the disposal area of lot 1 can be
used for the development of sporting playing fields and associated
infrastructure in accordance with concept plans to be provided by
Council.
(d)
Immediately upon cessation of disposal, and having regard to
weather conditions, the site being rehabilitated to the satisfaction
of Council so as to facilitate the development of sporting playing
fields if relevant approvals referred to in condition (c) have been
obtained. The portion of lot 1 not to be developed with sporting
playing fields shall be rehabilitated to a coastal dune landscape
and vegetation system and maintained for a two year period to
the satisfaction of Council.
(e)
In the event that approvals to the development of sporting
playing fields cannot be obtained the whole of lot 1 shall be
rehabilitated to a coastal dune landscape and vegetation system,
including a system of pedestrian/cycle paths, and be maintained
for a two year period to the satisfaction of Council.
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(f)
23
Millennium Inorganic Chemicals Pty Ltd shall conduct community
consultation to the satisfaction of Council every 6 months,
commencing 4 March 2010, during the life of the operation to
invite comment on the truck movements associated with the
disposal operation and to identify opportunities to respond to
community concerns if they arise. Council will reserve the right to
advise Main Roads WA that the heavy haulage route approval
through the Dalyellup locality should be modified in the event of
truck movements associated with the disposal operation proving
to be the cause of unreasonable impacts on the residents of the
locality.
2
Note that in the event of sporting playing fields being developed on lot 1
vehicle access will be based on entering from Maidment Parade and that
pedestrian/cycleway access will be provided from Hutt Drive.
The
existing rehabilitated land form and vegetation will be retained along
the Hutt Drive frontage within a setback of 60m from the southern
boundary of lot 1.
3
Adopt the recommendations in respect to submissions set out in the
Schedule of Submissions to this report as included in the attachments
booklet to the agenda.
4
Advise the Western Australian Planning Commission that in response to
any application pursuant to the Greater Bunbury Region Scheme
required from Millennium Inorganic Chemicals Pty Ltd to continue to
conduct the disposal of its residue on lot 1 for 3 years beyond the
current approval Council recommends that approval can be granted
consistent with its Planning Consent.
Carried 7/4
Councillors Fuller Hill and Akl requested it be recorded that they voted against the
motion.
VOTING REQUIREMENTS
Simple majority
Correction
as per
Council
resolution
OC0801
12/08/09
The members of the gallery left the Chambers at 6.19pm and did not return.
Councillors Fuller Hill and Akl left the Chambers at 6.19pm and did not return asked
to be excused from the meeting and left the Chambers at 6.19pm and did not
return.
Mr Bishop left the Chambers at 6.20pm and did not return.
ORDINARY COUNCIL MINUTES – 22.07.09
24
(14.2.2) Extractive Industry – Lot 2 Calinup Road, Gelorup (C.5.2.N.76)
NOTE:
The President advised the meeting that the applicant’s Environmental Consultant has
requested that this item be withdrawn to allow for additional information to be
provided, and discussion with Shire staff.
This request was agreed to by Council.
ORDINARY COUNCIL MINUTES – 22.07.09
OC0712 (14.2.3) Home Occupation – Lot 5
(C5.2.C.131)
25
(No 5) Brockman Street, Capel
REPORTING OFFICER
C Burwood – Director Planning & Development Services 14.07.09
G Panorios – Planning Officer
09.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
A N Cahill/A N Cahill
MATTER FOR CONSIDERATION
Planning Consent sought to conduct a Home Occupation as a Florist operating from a
shed at the rear of the existing house.
ATTACHMENT
Attachment 1 - Location Plan
APPLICANT’S SUBMISSION
Letter of 5 May 2009
The owner/applicant has owned and operated Capel Blue in the Capel town for
5 years and now would like to down size and operate the business from home due to
family commitments. The owner/applicant would rather operate from home rather
than close the business down completely after spending so much time and energy
building up the business. The owner/applicant wishes to do flower arrangements by
phone order and deliver them, having very limited clientele come to the house for
appointments for bridal and function quotes therefore reducing traffic flow on
Brockman Street.
Operating hours to be from 9am to 4pm Monday to Friday.
Letter of 30 June 2009
The owner/applicant has advised that there will be no sale of retail giftware from
home and will be doing floristry only on a very small scale. There will be no
advertising out the front of the house.
The owner/applicant has also submitted a plan indicating a 54m2 shed from which the
business will be conducted and stated that the area to be used will consist of a bench
and a refrigerator which will occupy half of this shed (27m2).
Verbal Advice from Applicant
Flowers will be delivered by courier to the owner’s residence 2 to 3 times per week
and the owner will deliver flowers to clients as required.
• After discussion with staff the owner/applicant has advised that it is not necessary
to have any clients come to the residence and the area of floor space usage can
be reduced to 20m2.
• The applicant has been trying to sell the business and this is the owner’s preferred
outcome but has been unsuccessful in these endeavours.
ORDINARY COUNCIL MINUTES – 22.07.09
26
• Due to family pressures and needs it is important that the owner discontinue the
existing business and as it has not been possible to sell the business the next
option is to continue it in a smaller, less demanding scale from home.
BACKGROUND
January 1989 – Building license issued for the construction of a shed.
The owner/applicant is currently operating a florist and gift shop business from
Lot 13 (No. 34) Forrest Road, Capel in the Town Centre Zone (approx. 96m2). This
business is currently for sale.
Prior to this the owner/applicant occupied premises at Lot 4 (No. 28) Forrest Road
again in the Town Centre Zone (32m2).
STATUTORY ENVIRONMENT
Under the Shire of Capel Town Planning Scheme No 7 Lot 5 is zoned Residential
R10/R15 and has an area of 1514m2.
A ‘Home Occupation’ under the Town Planning Scheme No 7 is an ‘AA’ land use in a
Residential zone. An ‘AA’ use is a use that is not permitted unless the Council has
granted Planning Consent and may involve public advertising.
The following clauses of the scheme apply to this development:
1.6 – Scheme Objectives
1.6.1 - To direct and control the development of the Scheme area in such a way as
shall promote and safeguard the health, safety, economic and general welfare of its
inhabitants and shall conserve the natural values of the District.
1.6.4 - To provide standards to secure and maintain the orderly and properly planned
development of land within the Scheme area.
Clause 7.5.1 of the Scheme states, in part, that a person may with the consent of
the Council conduct a Home Occupation provided it complies with the following:
(a)
(b)
(c)
(d)
(e)
(f)
Does not affect the amenity of the neighbourhood;
Does not entail employment of any person not being a family member;
Does not occupy an area greater than 20m2;
Does not require the provision of a greater service main other than that which
exists;
Does not in the opinion of the Council, by reason of its nature or scale,
constitute a use that would more appropriately be located in another zone other
than a Residential zone;
Will not generate a volume of traffic that will prejudice the amenity of the area.
Clause 7.5.2 sets out general conditions that may be imposed on an approval that
includes, in part:
(a)
(b)
(c)
(d)
The approval shall be personal to the applicant and shall not be transferred to
or assigned to any other person;
The approval shall not run with the land in respect of which it was granted;
The person to whom approval is granted by the Council to carry on a home
occupation shall not carry on that home occupation at any premises other than
the land in respect of which the Council’s approval is granted;
A time limit of 12 months after which a further approval is required; and
ORDINARY COUNCIL MINUTES – 22.07.09
(e)
27
If in the opinion of the Council the Home Occupation is causing a nuisance or
annoyance to owners or occupiers of the land in the neighbourhood, the Council
may withdraw the approval granted.
POLICY IMPLICATIONS
Policy 15.4 – Home Occupations
The Policy reiterates the Town Planning Scheme provisions referred to under the
Statutory Environment section of this report. It also states that Council will give
regard to the hours of operation of the activity, level of attendance of customers at
the premises, that no retailing will be permitted and that the application will be
advertised for 21 days to adjoining land owners.
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Shire of Capel Strategic Plan 2003 - 2007
Core Business Area 2: Land Use
In part, the Shire of Capel’s objectives are to:
•
•
Ensure that development of the district is sustainable; and
Facilitate economic land use opportunities.
Capel Townsite Strategy - 2009
The Capel Townsite Strategy was adopted by Council in July 2009.
The following parts of the Strategy apply to this application:
6.2 VISION
“To promote and facilitate the growth of the Capel townsite as a sustainable and
vibrant village that is a significant settlement and economic centre within the Shire of
Capel”.
6.3 AIMS & OBJECTIVES
The aims and objectives of the Capel Townsite Strategy are in part to3
Promote the growth of the town in a manner that is sustainable and retains the
existing natural and built form character.
5
Provide for a variety of development to meet the needs of the community with
regard to housing, employment and services, and to facilitate the provision of a
wide range of social and cultural facilities and services.
13
Promote sustainable development that integrates consideration of economic,
environmental and social goals.
6.4 STRATEGIES & ACTIONS
6.5.2 Economy and Employment
ORDINARY COUNCIL MINUTES – 22.07.09
28
Strategy
To increase the level of employment self-sufficiency within the Capel townsite by
providing appropriately zoned land for a variety of land uses and businesses and to
maximise the location of the town as a service centre/transport hub between the
major urban areas of Busselton and Bunbury.
Actions
(i)
Provide for expansion of the retail/commercial component of the Capel town
centre through relevant structure planning and zoning changes with this to be
focussed towards areas of greater visitor interest ………..
(ii) Provide for employment generating home-based business through provisions for
Home Offices, Home Occupations and more intense Home Businesses.
CONSULTATION
Seven adjoining neighbours were consulted. No comments were received.
The Manager Health Services has not identified any adverse health issues which may
arise with the proposed use.
COMMENT
The nature of this application is unusual in that the normal logical sequence of events
is for a “Home Occupation” to commence at a residential premise and with growth
and improved viability to then relocate to a ‘Town Centre’ zoned premises.
In this instance the situation is quite the reverse in that the owner/applicant
advised that whilst it is considered to be a viable business that has operated in
Town Centre for five (5) years, due to difficulties in selling the business and
demands of family life, the only option for the owner/applicant is to down size
business and operate from home.
has
the
the
the
Home Occupation Provisions
The proposal has been assessed and advertised as a proposed Home Occupation in
accordance with the requirements of the Town Planning Scheme, Policy 15.4 Home
Occupations and normal procedural requirements which included writing to
surrounding owners.
Given the applicant has advised staff that no clients will attend the premises, that the
floor space of the activity will be limited to 20m2 and no objections were received
from adjoining neighbours, the application is significantly in compliance of Scheme
and Policy requirements with the exception that Council needs to consider Clause
7.5.1 (e) of the Scheme which states:
“A person may with the consent of Council conduct a Home Occupation provided it
does not in the opinion of the Council, by reason of its nature or scale, constitute a
use that would more appropriately be located in another zone, other than a
Residential Zone”.
In respect to the above provision the owner/applicant’s existing business clearly
needs to be in the Town Centre zone given it has the following elements:
• Retailing of giftwear and flowers;
• A floorspace of 96m2; and
• Walk off the street clientele.
ORDINARY COUNCIL MINUTES – 22.07.09
29
The proposed Home Occupation is distinctly different in terms of nature and scale of
activity as it is intended to involve:
• Phone ordering of flowers and delivery to customers;
• A floorspace of 20m2; and
• No customer attendance at premises.
It would appear that the proposed Home Occupation in a Residential area would in
terms of nature and scale be acceptable however prior to reaching final
determination the Council needs to also consider and accept that such an approval
would not be contrary to the intent of its Strategic Plan and Capel Townsite Strategy.
Strategic Provisions
The Strategic Plan provides that the Shire of Capel’s objectives include ensuring that
development of the district is sustainable and to ‘facilitate economic land use
opportunities’. In the context of the proposal this maybe interpreted to mean that it
should support, promote and approve appropriate land uses both commercial and
home occupations in its district.
Similarly the Capel Townsite Strategy has the Vision to promote and facilitate the
growth of the Capel Townsite as a sustainable settlement and economic centre. The
Vision is to be achieved by a range of objectives including promoting the growth of
the town in a sustainable manner and providing for development to meet the needs
of the community with services. In the context of this proposal it maybe interpreted
that to agree to a business activity being relocated to a residential area is not
promoting the growth of the towns retail centre, although this needs to also be
viewed giving regard to the downsizing of the business in this instance. In respect to
meeting the needs of the community it is apparent that there is a possibility that the
existing business may close and that approval of the ‘Home Occupation’ is a means
of continuing this service for the community.
Apart from the more general Vision and Objectives of the Capel Townsite Strategy it
has a more specific Strategy requirement which states that it is Council’s intent to
undertake actions to:
1.
Increase the level of employment self sufficiency with the townsite by providing
for the appropriately zoned land; and
2.
Providing for employment generating home based business.
In specific consideration of the Strategic Planning references it is apparent that
Council has two options that it can consider in determining the application:
1.
To refuse the proposal as it is considered that by allowing the business to
relocate from the Town Centre zone to a Residential Zone is in conflict with the
general Vision and Objectives to promote the growth of Capel Townsite as a
sustainable economic centre; or
2.
To approve of the proposal as it is considered to be consistent with the general
Vision and Objectives as the continuation of the business even at a smaller scale
does continue to provide economic and employment benefits to the town.
ORDINARY COUNCIL MINUTES – 22.07.09
30
Conclusion
On balance, given the proposal meets the ‘Home Occupation’ provisions, that it is
proposed to scale down the activity from its present form, that it can be seen to be
consistent with the specific ‘Economy and Employment Strategies/Actions’ of the
Capel Townsite Strategy and importantly it will continue to provide a service to the
community, the application may be approved. Any approval granted will however
need to be conditioned to ensure the nature of the activity is clearly a low key
activity suited to a residential environment.
OC0712 STAFF RECOMMENDATION/COUNCIL DECISION
Moved Cr Caratti, Seconded Cr Gibson
That Council resolves to grant Planning Consent pursuant to Clause 8.3.3 of
Town Planning Scheme No 7 to the proposed Home Occupation- Florist from
the existing shed at lot 5 Brockman Street, Capel subject to compliance with
the following conditions:
•
•
•
•
•
•
•
•
•
•
•
•
The approval being valid for a period of 12 months after which a
further approval is required;
The approval is personal to the owner/applicant Alicia Nardia Cahill
and shall not be transferred to or assigned to any other person;
No person other than the applicant being employed in the activity;
The approval does not run with the land in respect of which it was
granted;
The owner/applicant shall not carry on the home occupation at any
premises other than in the approved premises at Lot 5;
The owner/applicant to partition off an area no greater than 20m2
within the existing shed to use for the home occupation activity to
the satisfaction of the Director of Planning and Development
Services;
No retailing is permitted from the premises at Lot 5;
No advertising of the business activity is permitted at the frontage
of Lot 5;
No clients being encouraged, invited or permitted to visit the
premises;
Flower delivery vehicles parking and unloading within the confines
of Lot 5;
The hours of business being restricted to 0900 to 1600 hours
Monday to Friday; and
Council reserves the right to withdraw this approval if the Home
Occupation causes a nuisance or annoyance to owners or occupiers
of land in the neighbourhood.
Carried 9/0
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MINUTES – 22.07.09
31
TECHNICAL SERVICES REPORTS
TECHNICAL SERVICES SECTION
Nil
CORPORATE AND COMMUNITY SERVICES REPORTS
GOVERNANCE
OC0713 (16.1.1) Trading Hours Amendment Bill
REPORTING OFFICER
PF Sheedy – Chief Executive Officer
13.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
Mick Murray MLA, Member for Collie-Preston
MATTER FOR CONSIDERATION
Council is requested to indicate to the Member for Collie-Preston its views on the
proposed Trading Hours Amendment Bill allowing for extended retail trading.
ATTACHMENTS
Nil
APPLICANT’S SUBMISSION
The Government is about to introduce a Bill that will allow retail shops to stay open
until 9pm, Monday to Friday and Sunday Trading.
The Bill has no provisions for alleviating the impact of extended trading hours on
small business and regional traders.
Following the mid year break, Parliament sits in early August and this Bill will be one
of the first Bills to be debated. As your elected Member of Parliament, I am
canvassing your opinion on this issue.
BACKGROUND
Under the existing Retail Trading legislation there are various trading hours
permitted depending on the category of shops as detailed below.
General Retail Shops
These are allowed to trade at any time during the standard hours which are:
8.00am-6.00pm Monday, Tuesday, Wednesday & Friday
8.00am-9.00pm Thursday
8.00pm-5.00pm Saturday
These shops cannot open on Sundays and public holidays.
Tourism Precincts – Perth & Fremantle
Same hours as General Retail shops plus
11.00am-5.00pm Sunday
ORDINARY COUNCIL MINUTES – 22.07.09
32
Filling Stations
These are completely deregulated in all areas.
Motor Vehicle Shops (car yards)
8.00am-6.00pm Monday, Tuesday, Thursday and Friday
8.00am-9.00pm Wednesday
8.00am-1.00pm Saturday.
Small Retail Shops
These are shops owned by up to six people who operate no more than three retail
outlets in which up to 13 people work at any one time.
Shops in this category are able to operate 24 hours a day, every day of the year.
Special Retail Shops
These are shops considered necessary for emergency, convenience or recreation
goods and include newsagencies, pharmacies, nurseries, hardware and home
improvements, video shops etc.
Shops in this category may trade between 6.00am and 11.30pm seven days a week.
Non metropolitan trading hours
Local government authorities outside the Perth metropolitan area can apply to
extend the trading hours for General Retail Shops in their district beyond those
specified in the Act.
STATUTORY ENVIRONMENT
The Retail Trading Hours Act 1987
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Nil
STRATEGIC IMPLICATIONS
Shire of Capel Strategic Plan 2003-2007, Core Business Area 4 ‘Community
Services’, Strategy 5 ‘Support the process to encourage economic activity’ is relevant
to this item.
CONSULTATION
Nil
COMMENT
The are currently no shops that come under the definition of ‘General Retail Shops’
operating within the Shire of Capel and therefore all shops operating in the Shire
have the ability to trade seven days a week over extended hours. However in time
there will be a District Centre at Dalyellup which would be affected by this proposal
and Councillors may wish to consider that issue now whilst the opportunity is there.
Should The Trading Hours Amendment Bill be passed it is assumed that the non
metropolitan local governments would have no say in retail trading hours or at the
ORDINARY COUNCIL MINUTES – 22.07.09
33
minimum may be able to apply for extended trading hours on Sunday beyond the
11.00am commencement.
In general, the debate around the benefits or negatives of extended trading hours
makes it difficult to obtain clear factual data with large business indicating it should
happen because it is what the community/shoppers want, whilst small retailers are
arguing that it will destroy their business and result in longer hours and higher costs
if they are forced to open for additional hours.
For the sake of generating points for discussion and debate it does appear that to
open Monday to Friday during the week until 9.00pm, especially during winter in the
country does appear to be excessive and a reduction in the closing time could be
warranted. There is also strong argument both ways about the benefits of trading on
Sundays both on its impact on small business and family life.
The following staff recommendation has been generated purely to generate debate
on the appropriate operating hours.
OC0713 STAFF RECOMMENDATION/COUNCIL MOTION
Moved Cr J Scott, Seconded Cr Caratti
That Council advise Mick Murray MLA, Member for Collie-Preston that it
supports The Trading Hours Amendment Bill subject to the hours that retail
shops are allowed to remain open on Monday to Friday being extended to
7.00pm and not 9.00pm.
Lost 5/4
VOTING REQUIREMENTS
Simple majority
Cr Smith left the Chambers at 6.29pm and returned to Chambers at 6.31pm.
OC0714 COUNCIL DECISION
Moved Cr Gibson, Seconded Cr Bell
That Council advise Mick Murray MLA, Member for Collie-Preston that it
supports the retention of the existing Retail Trading legislation.
Carried 5/4
VOTING REQUIREMENTS
Simple majority
REASON: Council was concerned about the effect of extended trading hours on
smaller retail businesses within the Shire.
Mr Dent left the Chambers at 6.31pm.
ORDINARY COUNCIL MINUTES – 22.07.09
COMMUNITY SERVICES SECTION
34
Nil
FINANCE AND RATING SECTION
Councillors N Jones, G Norton and J Scott declared a proximity interest in Item
16.3.1 Adoption of 2009/10 Budget and Differential Rates. The nature of the interest
is that they own property adjoining proposed roadworks included in the Budget.
Cr K Gibson declared an impartiality interest in Item 16.3.1 Adoption of 2009/10
Budget and Differential Rates. The nature of the interest is that he is a partner in a
solar panel supply and installation company and he has provided quotes to a supplier
who is quoting for a job for the Shire.
The Chairman advised that the Minister for Local Government has given approval for
Councillors Norton and J Scott to attend and vote on this item but has not given
approval for Cr Jones to attend and vote on this item.
Cr Jones left the Chambers at 6.32pm.
Mr Ross advised that the Director General, under delegated authority from the
Minister for Local Government, has given approval for the Shire to impose differential
rates for the 2009/10 financial year.
OC0715 (16.3.1) Adoption of 2009/10 Budget and Differential Rates
REPORTING OFFICER
A Ross – Director Corporate & Community Services
14.07.09
DISCLOSURE OF INTEREST
OWNER/APPLICANT
Shire of Capel
MATTER FOR CONSIDERATION
Council to consider adopting the 2009/10 Budget and also approve:
•
•
•
•
•
•
differential, minimum and specified area rates;
rate payment discount, instalment interest rate and fee, penalty interest rate
and early payment incentive prizes;
rubbish collection and disposal fees and charges;
the waiving of charges and granting of concessions;
the Schedule of Fees and Charges; and
the materiality percentage for monthly financial reporting of variances.
ATTACHMENTS
Shire of Capel Budget for the year ending 30 June 2010 (separate booklet)
APPLICANT’S SUBMISSION
Nil
BACKGROUND
Council on 24 June 2009 considered and endorsed the draft Budget for 2009/10 that
was presented (refer Council resolution OC0612). At its meeting on 10 June 2009
Council approved the advertising of differential rates for 2009/10 (refer Council
resolution OC0607).
ORDINARY COUNCIL MINUTES – 22.07.09
35
STATUTORY ENVIRONMENT
Local Government Act 1995:
•
•
•
•
•
•
•
•
•
•
•
Section 6.2 requires a local government to prepare an annual budget by
31 August (absolute majority required).
Section 6.32 states that a local government in order to make up the budget
deficiency is to impose a general rate on rateable land that may be imposed
uniformly or differentially.
Section 6.33(1) provides that a local government may impose differential
general rates according to a number of characteristics.
Section 6.33(3) states that a local government cannot, without the approval of
the Minister, impose a differential general rate that is more than twice the
lowest differential general rate imposed.
Section 6.34 states that a local government cannot without the approval of the
Minister raise an amount of general rates that exceeds 110% of the budget
deficiency or is less than 90% of the budget deficiency.
Section 6.35 states a local government may impose a minimum rate that is
greater than the general rate that would be applied for the land and outlines
the requirements for this minimum rate.
Section 6.36 requires that a local government before imposing any differential
general rates provides at least 21 days local public notice of its intention to do
so.
Section 6.37 allows a local government to impose a specified area rate for the
purpose of meeting a specific work, service or facility.
Sections 6.45 to 6.47 allow a local government to levy fees and interest, grant
a discount for early payment and to waive or grant other concessions in relation
to a rate or service charge.
Section 6.51 allows a local government to charge interest on a rate or service
charge that remains unpaid after it is due and payable.
Section 6.16 allows a local government to impose and recover a fee or charge
for any goods or services it provides or proposes to provide.
Regulation 34(5) of the Local Government (Financial Management) Regulations 1996
states that each financial year a local government is to adopt a percentage or value,
calculated in accordance with AAS5, to be used in statements of financial activity for
reporting material variances.
POLICY IMPLICATIONS
Policy 11.8, Preparation of Budget, outlines the steps and timetable leading to the
adoption of the Budget.
FINANCIAL IMPLICATIONS
The Budget outlines planned expenditure and revenue and determines the financial
parameters for the Shire to operate within for the 2009/10 financial year. The
proposed budget for the year is balanced with all revenue to be received during the
year and the estimated brought forward surplus being expended on meeting
operating expenditure demands, the capital works programme and transfers to
reserves for future year’s expenditure.
STRATEGIC IMPLICATIONS
The draft Shire of Capel Strategic Plan 2009-2020 includes the objective of providing
efficient and effective financial management to ensure the long term financial
viability of the organisation within the economic experience key focus area. The
development of an annual budget and the levying of rates are required to achieve
this objective.
ORDINARY COUNCIL MINUTES – 22.07.09
36
CONSULTATION
The proposed differential rates were advertised for public comment in
advertisements placed in the Bunbury Herald on Tuesday 16 June 2009, the Bunbury
Mail on Wednesday 17 June 2009 and the South Western Times on Thursday 18 June
2009. Ratepayers and electors were invited to provide submissions to be received
by 4.00pm on Thursday 9 July 2009. No submissions were received.
COMMENT
Following changes processed to the draft Budget provided to Council at its meeting
on 24 June 2009, the Rate Setting Statement has been amended to show a balanced
result.
The budgeted result for 2009/10 assumes that a surplus of $78,530 will be recorded
for 2008/09 and is similar to the surplus forecast in the draft Budget. As the annual
financial statements have not been completed this forecasted result is subject to
change.
Changes to the Draft Budget
Following the Council meeting on 24 June 2009 the following major changes have
been processed to the Budget document:
•
•
•
•
•
•
The WA Local Government Grants Commission (WALGGC) recently advised the
notional grants for 2009/10. The general purpose grant may total $796,630
and is an increase of 2.64% compared to last year. The road grant may be
$433,537 and is an increase of 4.83% compared to last year. The total of
these grants was higher than the amounts included in the draft budget by
$4,735 as it was assumed for the draft Budget that these grants would both
increase by 3%.
The WALGGC also advised that 25% of the total grant allocation for 2009/10
would be paid in advance and this would be received in 2008/09. $311,955
was received on 26 June 2009. It was stated the early receipt of this grant is
effectively income for 2008/09 and would need to be carried forward to
2009/10. Given the funds were received only 2 working days before the end of
the financial year and there was therefore very limited opportunity to spend
these funds, it has been decided to accrue the grant to 2009/10 rather than
distort the budget surplus for 2008/09.
The re-running of rates models after the new unimproved values were loaded
resulted in 99 additional properties being included and therefore additional
property rates of $80,872. Rates in the dollar for rural properties have been
decreased from 0.2497 cents to 0.2170 cents to compensate for the impact of
an average 15.1% increase in property values.
The amount of the Country Local Government Fund grant to be received
through the Royalties for Regions program was increased by $6,566 to
$756,566. This amount represents 65% of the amount received in 2008/09
and $600,000 has been allocated to the road works programme and the
balance to the replacement of the pedestrian footbridge over the Capel River.
Unfortunately, after the Budget had been finalised, the Department advised the
actual grant to be received would be $746,120 or 64.1% of the 2008/09
allocation. This shortfall in funding will require that the value of the pedestrian
footbridge project be adjusted.
The budgeted interest rate for new loans to be drawn down in 2009/10 was
increased to 7% and resulted in additional expenditure of $3,658.
Capital works projects carried over to 2009/10 included $15,250 for the
pontoon at Peppermint Grove Beach, $35,000 for the final payments for the
recreation ovals floodlighting project and $20,000 to construct a carpark and
fencing at Mallokup Bridge.
ORDINARY COUNCIL MINUTES – 22.07.09
•
•
•
•
•
•
•
•
37
Budgets for insurance were increased to a total of $142,137 and is an increase
of over $30,000 on the draft budget. The significant increase is due to property
insurance premiums increasing by 15% and the declared value of property
insured increasing by $8 million.
An allocation of $5,000 was included for contract staff to provide customer
services relief during periods of extended leave for staff.
The Director
Corporate & Community Services’ decision to forgo the 2009/10 salary increase
in return for a changed pattern of working hours offset this increase.
Some amendments to operating budgets were processed including the inclusion
of $8,500 for linemarking carried over from 2008/09 and the annual
contribution to the Bunbury Wellington Economic Alliance (BWEA) was
increased by $1,000 to $11,000.
Grant expenditure and funding for the heritage project for Mallokup bridge was
reduced by $8,000 as work to this value was completed in 2008/09.
The discounts and rebates that may be received for the photovoltaics project
have been reduced by $4,000 following the federal government’s recent budget
decision to reduce solar funding.
A budget of $10,000 has been included for the possible lease of office
accommodation in Capel to accommodate staff.
A budget of $40,000 has been included for remediation works at the Capel
Recreation Ground hardcourts. These remediation works involve removing
contaminated fill from the site and expenditure will be incurred on activities
such as removing the light poles, providing temporary fencing to secure the
site, removing the basketball equipment, etc.
Within the Governance area a budget of $8,000 has been included for the data
input and analysis of the customer survey that was completed in 2008/09 and a
budget of $2,000 has been included to kiln dry the Tuart timber that is being
stored for possible future use as Council Chambers furniture.
Rates, Discounts, Penalties and Instalments
As previously advised to Council it was intended the rates in the dollar for properties
rated on the basis of their unimproved values would be adjusted to compensate for
the increased value of these properties at 1 July 2009. Values for unimproved value
properties had increased by on average 15.1% compared to the values applied at 1
July 2008. To ensure rural property owners were not penalised with a rate increase
greater than the 8% intended, rates in the dollar for the rural category were reduced
to a level that resulted in the same amount of rates being raised that was calculated
prior to the updated property values being loaded.
The process for determining this adjustment was to prepare a rates model using the
rates in the dollar previously agreed by Council against the new valuations provided
by the Valuer General’s Office. For the rural category this resulted in a rate yield of
$1,155,643 from a valuation base that had increased to $414,698,213 from
$360,314,464. Rate models were then rerun with a lower rate in the dollar in order
to achieve a rate yield result similar to that proposed in the draft budget.
For zone group 11, rural properties, the rate was reduced from 0.2497 cents to
0.2170 cents and resulted in a rate yield of $1,037,461 (previously $1,037,379).
This represents a 13% decrease in the rate in the dollar. Therefore if a property
valuation has increase by 21% the increase in the property rates will be 8%.
However, as some property valuations have increased by greater than this amount
rate increases will also be greater. This situation cannot be resolved as the intent is
to increase the overall rate yield by 8% and whilst this has been achieved there will
be anomalies at an individual property level.
For zone group 10, land use commercial, the rate of 0.6559 cents has not been
changed and has resulted in a rate yield of $47,435 (previously $38,751). For the
13 assessments in this category this represents a rate ranging from $1,226 to
$7,260 with the average rate being $3,648 and this rating quantum does not seem
inappropriate for the type of businesses being operated.
ORDINARY COUNCIL MINUTES – 22.07.09
38
Section 6.36 (5) (b) of the Local Government Act states that where a local
government proposes to modify the proposed rates or minimum payments after
considering any submissions it is not required to give local public notice of that
change.
Regulation 23 (b) of the Local Government Financial Management
Regulations states that if a differential rate or minimum payment differs from the
proposed rate that was advertised, details of the advertised rate and the reasons for
the variation must be disclosed in the Annual Budget. A notation satisfying these
compliance requirements has been included in Note 8 to the Financial Statements of
the Budget.
A letter was sent on 18 June 2009 to the Director General of the Department for
Local Government and Regional Development requesting approval to implement a
differential rate that is more than twice the lowest differential rate. This approval is
required in accordance with Section 6.33 (3) of the Local Government Act 1995. A
response advising that the Director General, under delegated authority from the
Minister for Local Government and Regional Development, approves the differential
rates in accordance with section 6.33 of the Local Government Act 1995, is expected
prior to the meeting.
Overall, the objective for property rates was to increase the yield from rates by 8%
in addition to the growth in the number of properties. An increase of 8% is
necessary to fund increases in the cost of the goods and services used by the Shire
as well as fund the delivery of services to meet the needs of a rapidly growing area.
This rate increase has resulted in a balanced budget for the year. Revenue from
property rates including interim rates of $90,000 has increased to $5,567,492.
Compared to the actual rates income for last year of $4,884,307 this represents an
increase of 14%. A large part of this increase is attributable to the 8% increase in
rates in the dollar with the 13% increase in minimum rates and the year on year
growth rate in properties of 3.3% also being contributing factors.
The discount for payment of rates by the due date, penalty interest rate for rates not
paid by the due date and rate payment instalment options are the same as last year.
These details are:
•
•
•
5% discount on rates paid in full by the due date
11% penalty interest to be charged on rates outstanding after the due date
and for which the instalment option has not been taken up.
Rates can be paid in four instalments two months apart, provided there are
no outstanding rates from the previous year. An instalment charge of $10.00
is applicable to the second, third and fourth instalment as is instalment
interest of 5.5%.
Rates incentive prizes for rates paid in full and received by Council by 4.30pm on the
due date are offered to ratepayers. Three prizes of Bendigo Bank savings accounts
of $500.00, $300.00 and $200.00 are offered and are again provided by the
Donnybrook Capel Districts Community Bank Branch of Bendigo Bank.
Rubbish and Service Charges
Rubbish and recycling collection charges are to increase by $4.00 due to an increase
in the contractor’s cost for supplying these services. For ratepayers provided these
services and who are not resident in Capel, Boyanup, Dalyellup, Peppermint Grove
Beach, Gelorup and special rural areas the charge will now be $150.00 per property.
Ratepayers in Capel, Boyanup, Dalyellup and Peppermint Grove Beach will be
charged $175.00 per property for rubbish and recycling collection services that will
also include two green waste collections and one hard waste collection during the
year. Ratepayers in Gelorup and special rural areas will be charged $160.00 per
ORDINARY COUNCIL MINUTES – 22.07.09
39
property for rubbish and recycling services that will include one hard waste collection
during the year.
The refuse site levy will increase to $85.00 per property. This levy is used to meet
the cost of transporting and disposing waste at a contracted landfill facility as well as
providing for waste management infrastructure works.
Rate Concessions
Council has a number of properties where it needs to grant a rate concession or
waive the rates each year, when adopting its Budget. Details are as follows:
•
Sussex Location 1328, Capel Tutunup Road – GL Roberts. This property is held
in one title but is divided by the Ludlow River, hence the property is partly
located in both the Capel and Busselton Shires. As a result the section located
in the Shire of Capel attracts the minimum rate for rural land each year and is
more than Mr Roberts would be levied if it was based on the rate in the dollar.
Since 1997 Council has agreed to grant Mr Roberts a concession each year.
•
A rate concession to all ratepayers in Dalyellup is requested in order to cap the
specified area rate for Dalyellup Parks & Gardens Maintenance at $125.00. The
amount of this specified area rate is the same amount that was levied last year.
The impact of this concession is that all developed properties will be rated the
$125.00 maximum rate and almost all the vacant land will also be charged this
maximum. Only 29 properties are expected to be charged less than the
maximum and would be charged amounts ranging from $84.00 to $108.00.
•
The amount budgeted to be raised from the specified area rate, including
interim rates is $333,948. This is more than half of the total expenditure
budget for maintenance of gardens and public open space in Dalyellup of
$545,811. The excess income obtained of $61,042 will be transferred to the
Dalyellup Parks & Gardens Specified Area Rate reserve.
This reserve is
expected to have a balance of over $500,000 at the end of the year and is a
useful insurance against increases in maintenance costs or unexpected costs
being incurred.
Fees and Charges
Amendments have been made to the Schedule of Fees and Charges that was
presented to Council at its meeting on 27 May 2009 (refer minute OC0530) include:
•
•
•
The Emergency Services Levy has been increased to $43.00 per property from
$40.00 following advice received from FESA.
The schedule of town planning fees prescribed by the Planning and
Development Regulations 2009 have been increased in accordance with the
advice contained in Planning Bulletin 93/2009. These fees are effective from
1 July 2009.
The Builders Registration Board Levy has been increased by $1.00 to $40.00
pursuant to section 4B(1) of the Builders Registration Act 1939. This fee is
effective from 1 July 2009.
Summary
The Budget document as presented to Council is complete in its format. However, as
the information relating to the 2008/09 financial year is still being compiled and is
subject to end of financial year audit scrutiny, the brought forward position for
2009/10 is likely to change. All of the explanatory text associated with the Budget
has been prepared and is included with the document provided with this item and
Councillors are asked to refer to this text for additional commentary on the budget.
Once adopted by Council this document will be the final Budget and will be provided
to the Department of Local Government by the end of August as is required by the
Local Government Act.
ORDINARY COUNCIL MINUTES – 22.07.09
40
To complete the budget process for 2009/10 there are a number of formal decisions
required and these are outlined in the staff recommendations.
Materiality Limit
Local Government Financial Management Regulation 34 (5) requires that each
financial year a local government adopts a percentage or value, calculated in
accordance with AAS5, to be used in statements of financial activity for reporting
material variances. AAS5 is the abbreviation for Australian Accounting Standard
number 5, Materiality.
AAS5 states that “information is material if its omission, misstatement or nondisclosure has the potential to adversely affect decisions about the allocation of
scarce resources made by users of the financial report or the discharge of
accountability by the management or governing body of the entity”. AAS5 also
states that “quantitative thresholds used as guidance for determining the materiality
of an amount of an item must, of necessity, be drawn at arbitrary levels. Materiality
is a matter of professional judgement influenced by characteristics of the entity and
the perceptions as to who are, or are likely to be, the users of the financial reports,
and their information needs.”
AAS5 provides some guidance as to what may be regarded as a material amount
when dealing with the balance sheet, operating statement and statement of cash
flows when it states an amount which is equal to or greater than 10 per cent of the
base amount may be considered to be material while an amount less than or equal to
5 per cent may not be material, unless in both cases there is a convincing argument
to the contrary.
On the basis of this guidance and having regard to the fact that the users of this
financial information are management and Council requiring assistance with making
management decisions, then 10% would be a reasonable lower limit for highlighting
material variances. However, this limit could be adjusted in the future if necessary
and the use of this limit also does not preclude reporting lesser variances if it is
considered their disclosure would be of benefit to the user of the financial report.
Council last approved the materiality limit of 10% at their meeting on 23 July 2008
(Minute reference OC0726) as part of the annual budget approval process. As
legislation requires this approval be provided every year, it is recommended it
continue to be considered as part of the annual budget approval process.
Mr Dent returned to Chambers at 6.37pm.
ORDINARY COUNCIL MINUTES – 22.07.09
41
EN BLOC RESOLUTION
Moved Cr Caratti, Seconded Cr Gibson that Council adopts en bloc the Staff
Recommendations 1-8 as follows:
OC0715 STAFF RECOMMENDATION 1/COUNCIL DECISION
That Council adopt the following differential, minimum and specified area
rates for the year ending 30 June 2010:
Rate in $
Differential Rating :
- Residential (zone groups 1 – 4 GRV)
- Commercial (zone groups 5 – 6 GRV)
- Land Use Commercial (zone group 10 – UV)
- Rural (zone group 11 – UV)
- Special Rural (zone group 12 – GRV)
Specified Area Rating:
- Dalyellup Parks, Reserves Maintenance
(GRV)
Purpose: Parks and Reserves Maintenance
6.5931
6.5931
0.6559
0.2170
6.5931
Minimum
cents
cents
cents
cents
cents
$700.00
$700.00
$750.00
$750.00
$700.00
4.2462 cents
(to a maximum
of $125 per
assessment)
Nil
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
OC0716 STAFF RECOMMENDATION 2/COUNCIL DECISION
That Council grant a rate concession for 2009/10, under Section 6.47 of the
Local Government Act 1995, to limit the specified area rate for Dalyellup
Parks and Reserves Maintenance to a maximum amount of $125.00 for all
ratepayers in zone groups 3 and 4 (Dalyellup) who are levied the specified
area rate for the maintenance of parks and reserves.
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
OC0717 STAFF RECOMMENDATION 3/COUNCIL DECISION
That Council grant a rate concession for 2009/10, under Section 6.47 of the
Local Government Act 1995, to GL Roberts for Sussex Location 1328 Capel
Tutunup Road (A94), by levying a rate on the property calculated at the
adopted rate in the dollar for rural land (Rate zone 11) disregarding the
application of the minimum rate (a concession of $361.57).
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
ORDINARY COUNCIL MINUTES – 22.07.09
42
OC0718 STAFF RECOMMENDATION 4/COUNCIL DECISION
That Council:
1.
2.
3.
4.
5.
6.
In accordance with Section 6.46 of the Local Government Act 1995,
offer a five (5) percent discount on current rates paid in full by the first
due date of the rate notice.
In accordance with Section 6.45 (1) (b) of the Local Government Act
1995, offer the following options for the payment of rates:
Option 1 – payment in full by a single instalment
Option 2 – payment in four equal instalments at intervals of two
calendar months
In accordance with Section 6.45 (3) of the Local Government Act 1995,
impose an interest rate on instalment of 5.5% for the second, third and
fourth instalments.
In accordance with Section 6.45 (3) of the Local Government Act 1995,
impose an administration fee of $10.00 to the second, third and fourth
instalments.
In accordance with Section 6.51 of the Local Government Act 1995,
impose a late payment penalty interest rate of 11% on rates that have
not been paid by the due date and where instalment option 2 has not
been taken up.
Incentive prizes be offered for rates paid in full and received by 4.30pm
on the due date shown on the rates notice.
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
OC0719 STAFF RECOMMENDATION 5/COUNCIL DECISION
That Council, in accordance with the Health Act, impose the following
charges for 2009/10:
1.
2.
3.
Weekly rubbish removal, first bin
Weekly rubbish removal, second and subsequent bins
Greenwaste and Hardwaste Collection Service fee for
Boyanup, Capel, Dalyellup and Peppermint Grove Beach
4. Hardwaste Collection Service fee for Gelorup and
Special Rural areas
5. Fortnightly rubbish removal
6. Refuse Site Charge
(for commercial, residential, rural and special rural
properties that have a house/premises and industrial
properties that have a rubbish collection)
$ 150.00 pa
$ 116.00 pa
$
25.00 pa
$ 10.00 pa
$ 107.00 pa
$ 85.00 pa
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
ORDINARY COUNCIL MINUTES – 22.07.09
43
OC0720 STAFF RECOMMENDATION 6/COUNCIL DECISION
That Council, in accordance with Section 6.16 of the Local Government Act
1995, adopt the Schedule of Fees and Charges as presented in the Budget
for the year ending 30 June 2010.
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
OC0721 STAFF RECOMMENDATION 7/COUNCIL DECISION
That Council, in accordance with Section 6.2 of the Local Government Act
1995, adopt the Annual Budget for the year ending 30 June 2010.
Carried with an Absolute majority 8/0
VOTING REQUIREMENTS
Absolute majority
OC0722 STAFF RECOMMENDATION 8/COUNCIL DECISION
That Council, in accordance with Local Government Financial Management
Regulation 34(5), adopt a percentage of plus or minus 10% to be used for
the reporting of variances of actual expenditure and revenue to budgeted
expenditure and revenue in the monthly report of financial activity for
2009/10.
Carried 8/0
VOTING REQUIREMENTS
Simple majority
Cr Jones returned to Chambers at 6.39pm.
ORDINARY COUNCIL MINUTES – 22.07.09
44
OC0723 (16.3.2) Accounts Due and Submitted for Authorisation
REPORTING OFFICER
AJ Munday - Creditors Officer
10.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
Nil
MATTER FOR CONSIDERATION
Adoption of accounts to be paid.
ATTACHMENTS
Nil
APPLICANT’S SUBMISSION
Nil
BACKGROUND
Accounts for payment are required to be submitted each month for
authorisation.
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996 (Reg 13(2)).
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Payment from Council’s Municipal Fund.
STRATEGIC IMPLICATIONS
Nil
CONSULTATION
Nil
COMMENT
Accounts due and submitted for authorisation are as follows:
Chq/EFT
EFT4716
EFT4717
Name
A & L Printers
Amity Signs
EFT4718
John Anderson Electrician
EFT4719
EFT4720
EFT4721
Arrow Bronze
Alphawest Services Pty Ltd
Bunbury Retravision
EFT4722
EFT4723
EFT4724
Bunbury Machinery
Bunbury Mower Service
Bell Fire Equipment
Company
Busselton Toyota
Benson's Chainsaw Centre
Bunnings Building Supplies
Pty Ltd
EFT4725
EFT4726
EFT4727
Description
Business Cards
Various Signs and Guide
Posts
Repairs to Dalyellup
Community Centre
Bronze Plaque Rees
Block IT Hours
Fridge, Oven & Dishwasher
for New HACC Office
Pressure Cleaner Tank
Repairs to Chainsaw
Back End Service Boyanup
3.4 & Stirling 2.4
Service
Chain Bar
General Tools
Amount
116.00
11825.33
137.50
311.08
3941.30
4374.95
3830.00
422.10
2799.50
369.00
76.40
148.75
ORDINARY COUNCIL MINUTES – 22.07.09
EFT4728
EFT4729
EFT4730
Boyanup Auto Repairs
Boyanup Botanical
BCE Surveying Pty Ltd
EFT4731
Corporate Express
Bunbury
Capel Hardware & Farm
Supplies
Coastal Hire
EFT4732
EFT4733
EFT4734
EFT4735
EFT4736
EFT4737
EFT4738
EFT4739
EFT4740
EFT4741
EFT4742
EFT4743
EFT4744
EFT4745
EFT4746
EFT4747
EFT4748
EFT4749
EFT4750
EFT4751
EFT4752
EFT4753
Carbone Bros Pty Ltd
Community Arts Network
WA Ltd
Des Air
Farmco Boyanup
Fennessy's
Harradine & Associates
Bunbury Hyundai
Imagetec
Living Springs
Landgate
Nightguard Security
Service Pty Ltd
Pioneer Road Services Pty
Ltd
Prestige Products
Reface Industries
Records Maintenance &
Storage
Southern Lock & Safe
Technology One
43063
Tracplus Pty Ltd
Visimax
Veolia Environmental
Services
Yakka Pty Ltd
Environmental Health
Australia
Australian Taxation Office
Judith Murray Cultural
Heritage & History
State Library of Western
Australia
Lexden Park
43064
Main Roads Department
43065
Mining & Pastoral
Communication Services
Monica Neville
D Palmer (WA) Pty Ltd
Sean McArthur
EFT4754
43059
43060
43061
43062
43066
43067
43068
45
Fit Isolator Switch
Seedlings
Volume Assessment Mulch
Transfer Station
Stationery
Star Pickets for Bush Fire
Awareness Signs
Hire of WC for Transfer
Station
Gravel
Attendance by L Jackes Art
in Public Places
Annual Air Conditioner
Maintenance
Tap
Replace Tail Light CP81
Sterilisation Subsidy
Service
Printer Ink
Water Bottles Shire Office
Valuations
Security Patrols at Dalyellup
303.98
14.50
1149.50
3065.99
249.45
168.14
8351.70
80.00
1311.20
38.50
258.80
700.00
861.25
160.60
148.50
10633.78
615.19
500L Emulsion
495.00
Cleaning Products
Library Rack & Sleeves
Delivery & Storage of
Archive Boxes
6 Padlocks
Annual Support &
Maintenance
Puncture Repair
Safety Equipment
Clean Pits at Dalyellup
589.33
93.30
210.82
Staff Uniforms
Membership Fees
Fringe Benefits Tax
Research Mallokup Bridge
Lost Damaged Books
Repair Tank at Fishermans
Road Standpipe
Refurb Works Cable Mine
Road Bridge
Radio Fitted to Patching
Truck
Research Mallokup Bridge
200 Galvanised Steel Posts
Repairs to Concrete Setting
at Earle Scott Reserve
921.09
5936.28
39.00
1452.00
3766.95
503.36
295.00
63.76
8150.00
95.15
412.50
52800.00
1156.54
1680.00
1377.20
170.00
136670.27
ORDINARY COUNCIL MINUTES – 22.07.09
46
CERTIFICATE OF CHIEF EXECUTIVE OFFICER
This schedule of accounts to be passed for payment, covering vouchers as detailed
above which was submitted to each member of Council on 22 July 2009, have been
checked and are fully supported by vouchers and invoices which are submitted
herewith and which have been duly certified as to the receipt of goods and services
and as to prices, computations, and costings and the amounts shown are due for
payment.
CHIEF EXECUTIVE OFFICER
OC0723 STAFF RECOMMENDATION/COUNCIL DECISION
Moved Cr Caratti, Seconded Cr Gibson
That the Schedule of Accounts covering vouchers EFT4716 to EFT4754 and
43059 to 43068 a total of $136670.27, be authorised for payment.
Carried 9/0
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MINUTES – 22.07.09
47
OC0724 (16.3.3) Accounts Paid During the Month of June 2009
REPORTING OFFICER
AJ Munday - Creditors Officer
10.07.09
DISCLOSURE OF INTEREST
Nil
OWNER/APPLICANT
Nil
MATTER FOR CONSIDERATION
Authorisation of accounts paid during the month.
ATTACHMENTS
Nil
APPLICANT’S SUBMISSION
Nil
BACKGROUND
Accounts paid are required to be submitted each month.
STATUTORY ENVIRONMENT
Local Government (Financial Management) Regulations 1996 (Reg 13(1)) requires
that where the Chief Executive Officer has delegated power to make payments from
the Municipal or Trust funds a list of accounts paid is to be prepared each month.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Payment from Council’s Municipal Fund.
STRATEGIC IMPLICATIONS
Nil
CONSULTATION
Nil
COMMENT
Payments made during the month of June 2009 are as follows:
Chq/EFT
13
Name
Shire of Capel
14
Building & Construction
Ind Training Fund
Builders Registration
Board of WA
Dale Alcock Homes
15
16
EFT4438
EFT4439
EFT4440
Apex Club Of Capel Inc
Boyanup Hall Advisory
Committee
Bunbury Retravision
Description
Payment of BRB
Commission May 09
BCITF Levy Payment May
09
May 09 BRB Levy Payment
Refund BCITF Levy
Cancelled B/L 9757
Minor Community Grant
Minor Community Grants
Microwave Oven Dalyellup
Community Centre
Amount
694.10
19220.43
2177.50
358.02
1774.64
222.50
500.00
ORDINARY COUNCIL MINUTES – 22.07.09
EFT4441
48
Courier Fees Health
EFT4442
Courier Australia
International
Dale Alcock Homes
EFT4443
D & W Pollard
EFT4444
Filtrex
EFT4445
Land Insights
EFT4446
EFT4447
EFT4448
Margie's Alfresco
Overacre Contract Mowing
And Landscaping
Constructions
Plunkett Homes
Temporary Refuse Site
Attendant
Cancellation of Septic
Licence
30% Payment Peppi Beach
Management Plan
Catering for Health Meeting
Mowing of POS at Gelorup
Community Centre
EFT4449
EFT4450
D & H Payne
J & K Papas Retainers
EFT4451
Southern Irrigation &
Pumping Pty Ltd
South West Tree Safe
Scott Park Homes
EFT4452
EFT4453
Kerb Deposit Refunds
Kerb Deposit Refund
Bulldozing Refuse Site
Concrete Works at Gelorup
Skatepark
Reticulation Parts
73.24
2500.00
850.30
104.00
5425.20
45.00
275.00
500.00
19413.90
3850.00
62.38
Remove Trees Boyanup
Kerb Deposit Refunds
1705.00
1000.00
SOS Office Equipment
South West Mapping
Services
Tangent Nominees Pty Ltd
Meterbilling
Boyanup Townsite Strategy
Mapping
Kerb Deposit Refund
962.75
3192.85
Flexi Call Manager
Disposal of Domestic Refuse
5637.50
12608.42
EFT4460
Total Telephone
Transpacific Waste
Management
Ultimate Paint & Panel
1144.55
EFT4461
Ventura Homes
Remove and Refit New Step
to HACC Bus
Kerb Deposit Refunds
EFT4462
WA Country Builders
Kerb Deposit Refunds
1000.00
EFT4463
EFT4464
Westnet Pty Ltd
Westnet Pty Ltd
EFT4467
ARRB Transport Research
Ltd
Apex Club of Capel Inc
Bunbury Cleaning Service
Boyanup Lions Club
Capel ADSL & Static IP
Dallyellup Library ADSL &
Static IP
Registration for Training S
Faber & P Ettridge
Community Grant Apex
Cleaning Public Amenities
Hall Bond Refund Lions
Club of Boyanup
Service 60CP
EFT4454
EFT4455
EFT4456
EFT4457
EFT4458
EFT4468
EFT4469
EFT4470
EFT4471
EFT4472
EFT4473
EFT4474
EFT4475
EFT4476
EFT4477
Autogroup (Bunbury
Mitsubishi)
B & B Street Sweeping
BGC Construction
Courier Australia
International
Cleanaway
Custom Service Leasing
Ltd
Paul Sheedy
Clear Pipes Thomas Street
Kerb Deposit Refund
Courier Fees Library
Waste Cartage
BFB & HACC Fuel
Staff Reimbursement
1500.00
2500.00
509.75
74.94
2535.00
1000.00
4010.18
150.00
942.20
899.25
500.00
47.58
30244.06
2403.69
1557.79
ORDINARY COUNCIL MINUTES – 22.07.09
49
EFT4478
EFT4479
CJD Equipment Pty Ltd
Dale Alcock Homes
Replace Pinion Seal
Kerb Deposit Refund
1228.98
2007.53
EFT4480
EFT4481
Andrew Dykstra
Delron Cleaning
2034.00
3341.55
EFT4482
EFT4483
EFT4484
EFT4485
EFT4486
EFT4487
Express Print
Golden West Plumbing &
Drainage
Fesa
Go West Tours
Gresleyabas
Jamic Engineering
EFT4488
Kelyn Training Services
TP Assessment Services
Cleaning Dalyellup
Community Centre
4700 Newsletters
Repairs Toilet Capel
Community Centre
ESL Quarter 4
50NF Heritage Park Trip
Building Design
Gelorup Skatepark
Enhancements
Traffic Mgt & Controller
Course
EFT4489
Landscape Development
EFT4490
Leeuwin Transport
EFT4491
EFT4492
Linda's Lawnmowing
Capel Blue
EFT4493
Lampo
EFT4494
EFT4495
Ocean Forest Lutheran
College Inc
Plunkett Homes
EFT4496
EFT4497
Planscape
Michelle Plume
EFT4498
EFT4499
EFT4500
J & K Papas Retainers
Professional Training
Solutions
Scott Park Homes
EFT4501
EFT4502
SOS Office Equipment
SW Precision Print
EFT4503
EFT4504
Monthly Landscaping
Maintenance for Dalyellup
Freight for Filing Cabinet
Delivery
Mowing
Flower Arrangements May
2009
Repairs to Senior Citizens
Building
Reimbursement of
Electricity Fees Dalyellup
Kerb Deposit Refund
TP Assessment Services
Staff Reimbursement
Accommodation M Plume &
S Hall
Retaining Wall
Management Essentials
Training
Kerb Deposit Refund
4870.80
1058.20
24552.00
1111.00
44886.66
26950.00
1365.00
49628.39
13.94
70.00
90.00
698.50
2202.28
500.00
2211.00
376.40
12000.00
203.50
500.00
2508.83
1599.00
Shaddicks Lawyers
Tangent Nominees Pty Ltd
Meterbilling
Envelopes & Reply Paid
Envelopes
Legal Fees
Kerb Deposit Refund
EFT4505
EFT4506
EFT4507
Totally Sound
Ventura Homes
WA Country Builders
Training Audio Visual
Kerb Deposit Refunds
Kerb Deposit Refund
473.00
2500.00
500.00
EFT4508
- EFT4567
EFT4568
SAI Global Limited
EFT4569
EFT4570
Ascent Engineering
Bell Fire Equipment
Company
Capel Hardware & Farm
Supplies
See Council Agenda 24 June
2009
Download Internet
Standards
Relief Engineer Fees
Service Fire Extinguishers
EFT4571
General Hardware
440.00
500.00
202.69
6963.00
2363.53
534.40
ORDINARY COUNCIL MINUTES – 22.07.09
EFT4572
EFT4573
EFT4574
EFT4575
EFT4576
EFT4577
EFT4578
EFT4579
EFT4580
EFT4581
EFT4582
EFT4583
EFT4584
EFT4585
EFT4586
EFT4587
EFT4588
EFT4589
EFT4590
EFT4591
EFT4592
EFT4593
EFT4594
EFT4595
EFT4596
EFT4597
EFT4598
EFT4599
EFT4601
EFT4602
EFT4603
EFT4604
EFT4605
EFT4606
EFT4607
EFT4608
EFT4609
Courier Australia
International
Coffey Environments
CJD Equipment Pty Ltd
Lisa Dent
Farmco Boyanup
Golden West Plumbing &
Drainage
Fennessy's
Golden West Pest & Weed
Control
Houghton Decor
D & V Kitchen
Western Australian Local
Government Association
Linda's Lawnmowing
Capel Lions Club
Marks Window Cleaning &
Maintenance
Neat N Trim Uniforms Pty
Ltd
Slee Anderson & Pidgeon
Donna Sims
Total Telephone
Busselton Tree Lopping
Services
Vogue Furniture
Veolia Environmental
Services
Westrac Equipment
Child Support Agency
Evans Family
Superannuation Fund
Ausquip Industries
Bunbury Mower Service
Bunbury Plumbing
Services
BGC Construction
50
Courier Fees Health
Radiation Survey Capel
Loader Service
Reimburse IR Conference
Registration
Hardware Items
Repair Leak at West Rd
12.90
8946.16
2228.44
2084.50
25.51
1805.21
Service
Spray Depot For Spiders
466.00
220.00
Notice Boards
Rates Refund
391.60
21.27
Advertising
Lawnmowing Boyanup
Museum & HACC
Minor Community Grant
Window Cleaning for
Community Centres
Staff Uniforms
Easement Documents
Reimburse Study Fees
Service Call & New Card for
Phone
Tree Pruning in Capel and
Boyanup
Office Chair
Vacuum Stormwater Drains
Outer Air Con Filter
Payroll Deductions
Superannuation
Contributions
Sign Holder & Tray Dividers
Parts HACC
Drinking Water at Elgin Hall
Kerb Deposit Refund
1802.27
140.00
779.97
1010.00
77.00
695.91
500.00
1081.50
11770.00
375.00
9353.22
304.17
568.61
351.64
3519.00
28.00
411.00
500.00
Capel Hardware & Farm
Supplies
Courier Australia
International
Cleanaway
Dale Alcock Homes
Fan Heater
15.95
Courier Fees
14.62
Burial of Waste Collection
Kerb Deposit Refund
9236.46
3000.00
Dick Smith Electronics
Andrew Dykstra
DSIISR National
Measurement Institute
Eaton Hardware
Echelon Australia Pty Ltd
Telephone Cable
TP Assessment Services
Water Testing
20.87
3051.00
1675.74
HACC General Hardware
Home Care and Personal
Care Manuals
1688.51
693.00
ORDINARY COUNCIL MINUTES – 22.07.09
EFT4610
EFT4611
EFT4612
EFT4613
EFT4614
EFT4615
EFT4616
EFT4617
EFT4618
Golden West Plumbing &
Drainage
Insight CCS Pty Ltd
Jamic Engineering
Malatesta Road Paving &
Hot Mix
Metal Artwork Creations
Neat N Trim Uniforms
A J Nicholls
EFT4621
EFT4622
EFT4623
EFT4624
EFT4625
Planscape
Perth Management
Services
Southern Irrigation &
Pumping Pty Ltd
South West Women's
Health & Information
Centre Inc
Toms Garden Machinery
Totally Workwear
T & P Design
Village Carpet Care
Ventura Homes
EFT4626
EFT4619
EFT4620
51
Repairs to Dalyellup
Community Centre
Call Centre Charges
Notice Boards
Reseal Boyanup West Rd
Name Badge
Staff Uniforms
Water Dispenser For HACC
Office
TP Assessment Services
Rent for Dalyellup Library
275.00
282.26
220.00
35180.21
13.20
1059.00
295.00
1700.00
2201.61
Repairs to Standpipe
115.50
Catering for Harmony Day
110.00
HACC General Parts
Staff Uniforms
Design and Specifications
Carpet Cleaning
Kerb Deposit Refunds
36.00
204.55
1373.63
1480.00
1000.00
WA Country Builders
Kerb Deposit Refunds
1000.00
EFT4627
EFT4628
West Oz Linemarking
C Wilson Fisher
1254.00
450.00
EFT4629
EFT4630
EFT4631
EFT4632
42919
Alleasing Pty Ltd
Alleasing Pty Ltd
Caltex Australia
Caltex Australia
Boyanup General Store
42920
42921
M & E Bielby
Capel Tavern
42922
42923
Capel Newsagency
Content Living
Install Hydrant Markers
Reimburse Accommodation
Expenses for WARA
Conference
Lease of Lanier
Lease of Lanier
Diesel
Fuel Cards
Catering DAIP Regional
Meeting
Crossover Contribution
Refreshments Australia Day
Awards
Milk & Stationery
Kerb Deposit Refunds
42924
42925
B Chapman
Churches of Christ
42926
42927
42928
42929
42930
42931
42932
Australian Taxation Office
Robert Gardner
Department Of Health of
WA
J Jenkins & D White
David Milkins
S McDonald
Princi Constructions
Crossover Contribution
Hall Refund Churches of
Christ
Balance of 08/09 FBT
Crossover Contribution
Lead Auditor Training C
Webster
Crossover Contribution
Hall Bond Refund
Crossover Contribution
Kerb Deposit Refund
42933
42934
42935
42936
T Sebbes & R Potts
Synergy
Transport Payment Centre
K J Vivian
Crossover Contribution
Electricity
Vehicle Registrations
Kerb Deposit Refund
792.30
329.23
16729.37
1908.83
94.55
300.00
301.50
213.35
1500.00
300.00
150.00
15167.59
300.00
2210.00
300.00
150.00
300.00
500.00
300.00
11229.85
771.60
300.00
ORDINARY COUNCIL MINUTES – 22.07.09
52
42937
42938
Water Corporation
BNH Tarratt & DP Olsen
Water Usage
Rates Refund
42939
42940
Postage for Month
Interim Audit at Capel Shire
42945
42946
42947
Australia Post
AMD Chartered
Accountants
Capel Butchers
DALJRB Holdings
Fourbirds Pty Ltd
Bradley & Alison
McCracken
Norman Fullwood
Page Panel & Paint Repairs
Peter Read
42948
42949
42950
42951
Synergy
Telstra Corporation Ltd
Transport Payment Centre
-42959
42960
42961
42941
42942
42943
42944
85.45
852.30
2157.44
3300.00
Catering for Depot
Crossover Contribution
Crossover Contribution
Kerb Deposit Refund
90.60
300.00
300.00
500.00
Hall Bond Refund
Repairs to Slasher
Kerb Deposit Refund
150.00
120.00
500.00
2182.40
2193.86
24.05
Johnny Botha
Bennybrook Pty Ltd
Electricity
Rent & Calls
Registration
See Council Agenda 24 June
2009
Refund of Hall Bond
Rates Refund
42962
Content Living
Kerb Deposit Refund
1000.00
42963
42964
42965
Relief Building Surveyor
Minor Community Grant
Advertising
42966
Peter Davis
Dalyellup Beach Playgroup
Department of Premier &
Cabinet
Ms J Davies
42967
42968
42969
Jamie Dunn
Australian Taxation Office
Mr G Gishubl & M Bruce
Reimburse Police Clearance
BAS Statement
Rates Refund
42970
Lost and Damaged Books
42971
State Library Of Western
Australia
Frances Matthews
42972
42973
42974
42975
Nicole Hobbsturner
Nick Marinelli
Officeworks Bunbury
Pacific Magazines
42976
Commissioner of State
Revenue
Transport Payment Centre
J Vanderloop
Wt & Tm Wilkinson
Justine Wright
Western Power
Corporation
Australian Services Union
The Australian Workers
Union
Shire of Capel
Shire of
Donnybrook/Balingup
HIF Health Insurance
Fund
42977
42978
42979
42980
42981
42982
42983
42984
42985
42986
Rates Refund
Reimburse for
Accommodation and Meals
Crossover Contribution
Reimburse for Training
Stationery for HACC
Better Homes and Gardens
Subscription
Duty Payable on Drainage
Agreement
Registration
Refund of Hall Bond
Crossover Contribution
Refund of Hall Bond
CT Metering Capel Lot 199
1000.00
156.93
200.00
575.00
444.72
50.00
51.00
22580.00
136.62
49.50
222.08
300.00
93.66
279.91
113.95
123.50
48.60
100.00
300.00
100.00
1389.52
Payroll Deductions
Payroll Deductions
35.80
324.00
Payroll Deductions
Payroll Deductions
1856.54
150.00
Payroll Deductions
95.90
ORDINARY COUNCIL MINUTES – 22.07.09
53
42987
42988
42989
LGRECU
Shire of Murray
WALGS Plan
42990
42991
42995
42996
42997
Adams & Co Freight
Australind Cleaning
Service
Big W
City of Bunbury
Bunbury Honda Bunbury
Kia
Capel Tavern
Shire of Capel
Content Living
42998
Shire of Dardanup
42999
43000
D Dench
Gemill Homes Group
Annual Contribution to
Bunbury Wellington Group
of Councils
Minor Community Grant
Kerb Deposit Refund
43001
R & L Keen
Kerb Deposit Refund
500.00
43002
43003
43004
43005
Ms D Mader
Nancy De Baughy
3 Australia
Cheyne Reid
Refund of Hall Bond
Refund of Hall Bond
Fire Service Call Outs
Kerb Deposit Refund
100.00
150.00
253.20
500.00
43006
43007
Synergy
Shawmac
43008
43009
Telstra Corporation Ltd
Mr K Todd & Ms H Monley
Electricity
Traffic Study at Bussell
Hwy, Gelorup
HACC Rent and Calls
Rates Refund
42992
42993
42994
Payroll Deductions
Payroll Deductions
Superannuation
Contributions
Steel Posts Delivered
Window Cleaning at HACC
Office
Books & DVD’s
Removal of Grafitti
Service
Bus Hire HACC
Refreshments
Kerb Deposit Refund
131.20
60.00
54148.67
126.50
71.50
797.21
771.37
427.27
1080.00
185.00
1000.00
550.00
1295.45
500.00
3537.44
4950.00
739.44
205.15
622531.79
24.06.09
10.06.09
Shire of Capel Payroll Payments
Shire of Capel Payroll Payments
$107,458.02
$110,133.98
$217,592.00
26.06.09
12.06.09
10.06.09
30.06.09
Transfer
Transfer
Transfer
Transfer
to Municipal Account
to Municipal Account
to Municipal Account
from Municipal Account
$200,000.00
$250,000.00
$200,000.00
$820,000.00
$1,470,000.000
ORDINARY COUNCIL MINUTES – 22.07.09
54
CERTIFICATE OF CHIEF EXECUTIVE OFFICER
This schedule of accounts to be passed for payment, covering vouchers as detailed
above which was submitted to each member of Council on 22 July 2009, have been
checked and are fully supported by vouchers and invoices which are submitted
herewith and which have been duly certified as to the receipt of goods and services
and as to prices, computations, and costings and the amounts shown are due for
payment.
CHIEF EXECUTIVE OFFICER
OC0724 STAFF RECOMMENDATION/COUNCIL DECISION
Moved Cr Gibson, Seconded Cr Caratti
That:
1
The Schedule of Accounts covering vouchers 13 to 16, EFT4438 to
EFT4507, EFT4568 to EFT4632, 42919 to 42950 and 42960 to 43009
totalling $622531.79 paid during the month of June 2009 be received;
2
Payroll payments for the month of June 2009, totalling $217592.00 be
received; and
3
Transfers to and from investments as listed, be received.
Carried 9/0
VOTING REQUIREMENTS
Simple majority
ORDINARY COUNCIL MINUTES – 22.07.09
COMMUNITY RANGER SERVICES
Nil
NEW BUSINESS OF AN URGENT NATURE
Nil
PUBLIC QUESTION TIME
Nil
MOTIONS WITHOUT NOTICE (ABSOLUTE
MAJORITY BY COUNCIL)
Nil
NOTICES OF MOTION FOR CONSIDERATION AT
THE NEXT ORDINARY MEETING OF THE COUNCIL
Nil
ITEMS FOR CONSIDERATION BEHIND CLOSED
DOORS
Nil
MEETING CLOSURE
The meeting closed at 6.42pm.
These minutes were confirmed at an Ordinary Council meeting on
12 August 2009.
Signed
Presiding Person at the meeting at which time the minutes were
confirmed.
Date
55