Agenda Atherton 15 August 2013

TRCTABLELANDS REGIONAL COUNCIL

Ordinary Meeting

Council Chambers, Atherton Date: Thursday 15 August 2013

Time: 9:00am

AGENDA

THE ORDINARY MEETING OF THE TABLELANDS REGIONAL COUNCIL WILL BE HELD AT ATHERTON COUNCIL CHAMBERS, ON THURSDAY, 15 AUGUST 2013 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

IAN CHURCH CHIEF EXECUTIVE OFFICER

TRC Tablelands Regional Council - Agenda Thursday 15 August 2013

PRESENTATIONS - 15 AUGUST 2013 No presentations. COUNCILLOR INFORMATION SESSIONS - 22 AUGUST 2013 9.00am to 1.00pm Special Planning Meeting - Planning Scheme Submissions 1.00pm to 2.00pm Scott Smith (SEQ Council of Mayors) - Development Assessment

Innovation Project (in diary)

ORDER OF BUSINESS

MEMBERS IN ATTENDANCE........................................................................................................ 5

OFFICERS IN ATTENDANCE........................................................................................................ 5

APOLOGIES/LEAVE OF ABSENCE.............................................................................................. 5

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS............................................................. 5

CONFIRMATION OF MINUTES ..................................................................................................... 5

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS.......................................... 5

RECEIPT OF INWARD CORRESPONDENCE............................................................................... 5

RECEIPT OF MONTHLY FINANCIAL STATEMENTS................................................................... 5

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS ........................ 5

PLANNING AND DEVELOPMENT................................................................................................. 7

Regional Planning & Development .............................................................................................. 7 Item-1 D Ginn - Reconfiguration of a Lot (2 into 4 lots) - Lots 10 & 11 on SP174174 -

59-60 Ginn Road, Malanda - DA/12/0036................................................................. 7

Item-2 Mareeba Lifestyle Developments Pty Ltd - Extension to Relevant Period - Reconfiguring a Lot - Subdivision (1 into 45 lots) - Lot 2 on RP720057 - 189 Ray Road, Mareeba - REC/07/0083 ....................................................................... 35

Item-3 Request to Extend Information Request Response Period - Mt Emerald Wind Farm Pty Ltd - Application for Material Change of Use (Utility Installation - Wind Farm) - Lot 7 SP235244 - Kippin Drive, Arriga - MCU/11/0024............................... 52

Item-4 Application to Enter Mareeba Uniting Church in the QLD Heritage Register........... 87

Item-5 Application to enter Mareeba Shire Hall in the Queensland Heritage Register...... 115

Item-6 Lot 237 on NR4681, Barron Street, Koah - DNRM - Request Council consideration of most appropriate use.................................................................. 173

Item-7 Lot 201 on HG806701, Leadingham Creek Road, Dimbulah - DNRM - request Council consideration on future Use ..................................................................... 180

Item-8 C Ross - Change of Development Approval - Preliminary Approval Overriding the Scheme & Development Permit MCU Rural Res & ROL (26 Group Title


Lots & Common Property) Lot 4 RP732163, 98 Fletcher Rd, Yungaburra - DA/13/006 CONFIDENTIAL ................................................................................ 186

Disaster Management ............................................................................................................. 187 Item-9 Request for Council to endorse Submission of the grant funding application to

construct and fit-out a Tablelands Community Education, Training & Disaster Coordination Facility in Atherton........................................................................... 187

CHIEF EXECUTIVE OFFICER ................................................................................................... 201

Administration ......................................................................................................................... 201 Item-10 De-amalgamation Project Manager Progress Report No 7 ................................... 201

CORPORATE AND COMMUNITY SERVICES........................................................................... 209

Finance ................................................................................................................................... 209 Item-11 Financial Statements for period ending 31 July 2013............................................ 209

Customer & Community Services ............................................................................................ 219 Item-12 Financial and In Kind Support Program Approvals - 15 August 2013.................... 219

Item-13 Proposal to Enter into a Commercial Lease with Atherton Children's Centre- CONFIDENTIAL ................................................................................................... 226

Plant & Facilities...................................................................................................................... 227 Item-14 Riverside Caravan Park Mareeba - CONFIDENTIAL............................................ 227

Corporate ................................................................................................................................ 229 Item-15 Proposed Motions for LGAQ 2013 Annual Conference......................................... 229

INFRASTRUCTURE AND MAINTENANCE SERVICES ............................................................ 233

Construction & Maintenance.................................................................................................... 233 Item-16 Tender Evaluation Tender T-TRC2013-24 NDRRA 2011 - Gravel Roads

Package #1 - Mareeba / Dimbulah / Kuranda ....................................................... 233

Item-17 Tender Evaluation Tender T-TRC2013-25 Supply and Delivery of Gravel - Mareeba / Dimbulah / Kuranda Area - NDRRA 2011 Programme......................... 237

Item-18 Wolfram Road, Dimbulah - Proposed Road Realignment ..................................... 240

Item-19 Application for Mining Leases ML20535, ML20536, ML20537, ML20538, ML20566, ML20567 and ML20576 - North Queensland Tungsten Pty Ltd............ 253

Item-20 Long & Ward Transport - Application for B-Double Route Extension - Topaz Road, Via Malanda-Lake Barrine Road, Malanda................................................. 272

Item-21 Tender Evaluation Tender T-TRC2013-27 NDRRA 2011 Programme - Gravel Roads Package #2 - Atherton / Tolga Area .......................................................... 282

Item-22 Noted Correspondence - 15 August 2013............................................................. 285


MEMBERS IN ATTENDANCE

OFFICERS IN ATTENDANCE

APOLOGIES/LEAVE OF ABSENCE

DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/ CONFLICTS OF INTEREST BY COUNCILLORS AND SENIOR COUNCIL OFFICERS

CONFIRMATION OF MINUTES

BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETINGS

RECEIPT OF INWARD CORRESPONDENCE

RECEIPT OF MONTHLY FINANCIAL STATEMENTS

CONSIDERATION OF INWARD CORRESPONDENCE AND OTHER MATTERS


PLANNING AND DEVELOPMENT

REGIONAL PLANNING & DEVELOPMENT

ITEM-1 D GINN - RECONFIGURATION OF A LOT (2 INTO 4 LOTS) - LOTS 10 & 11 ON SP174174 - 59-60 GINN ROAD, MALANDA - DA/12/0036

DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Peter Pattison, Senior Planner DEPARTMENT: Planning and Development

APPLICATION DETAILS

ATTACHMENTS: 1. Proposal Plan

2. Information request response extracts - flooding 3. Malanda Falls Q100 analysis

FILE NO DA/12/0036 AREA 2.823 ha LODGED BY D Ginn OWNER D Ginn PLANNING SCHEME

Eacham Shire Planning Scheme 2006 (as amended V2 2010)

ZONE Rural Residential Zone LEVEL OF ASSESSMENT

Code Assessable

SUBMISSIONS n/a

APPLICATION PREMISES APPLICANT D Ginn ADDRESS 59 - 60 Ginn Road,

Malanda DATE LODGED 20 November 2012 RPD Lots 10 & 11 on

SP174174 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguration of a Lot ( 2 into 4 lots)


EXECUTIVE SUMMARY

Council is in receipt of a development application described in the above application details. The application is code assessable and no public notification was required. It has been assessed against the relevant statutory planning instruments, including the Regional Plan and the Planning Scheme and is in conflict with the flooding provisions of the relevant codes. The key issue of the proposed development is that the applicant has not adequately demonstrated that the development achieves Q100 flood immunity for the proposed lots. It is recommended that the application be refused on that basis.

OFFICER'S RECOMMENDATION

1. It is recommended that, in relation to the following development application:

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is:

Refused by Council for reasons set out in (B).

(A) REFUSED DEVELOPMENT: Development Permit for Reconfiguration of a Lot (2 into 4 lots)

(B) ASSESSMENT MANAGER’S REASONS FOR REFUSAL:

That Council considers the application:-

1. conflicts with Performance Criterion 2 of the Rural Residential Zone code; and

2. conflicts with Performance Criterion 2 of the Reconfiguration of a Lot code; and

3. conflicts with Performance Criterion 14 of the Works Services and Infrastructure code; and

4. conflicts with the Reconfiguration of a Lot code Purpose; and

5. conflicts with Rural Residential Development land use policy 4.6.3 of the Far North Queensland Regional Plan 2009-2031; and

6. that there are not sufficient grounds to justify approval, despite the identified conflicts.

APPLICATION PREMISES APPLICANT D Ginn ADDRESS 59 - 60 Ginn Road,

Malanda DATE LODGED 20 November 2012 RPD Lots 10 & 11 on

SP174174 TYPE OF APPROVAL

Development Permit

PROPOSED DEVELOPMENT

Reconfiguration of a Lot ( 2 into 4 lots)


THE SITE

This irregularly shaped 2.8 ha site contains two titles, has a riparian boundary to the Johnstone River, and is located within an established rural residential area. It is accessed from Ginn Road, and has frontage to that cul-de-sac. The road is constructed to a bitumen sealed standard. Lot 10 is burdened by a drainage easement in favour of Council, and contains an existing dwelling, while Lot 11 is currently having a dwelling constructed on it. The site is not connected to reticulated water or sewer, but is serviced by overhead power. The site is adjoined to the west by a large rural parcel that is currently zoned Rural and which is utilised for beef grazing.

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Map Disclaimer:

Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of

the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability,

completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs

(including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.


DESCRIPTION OF PROPOSED DEVELOPMENT

The development application seeks a Development Permit for a Reconfiguration of a Lot (2 into 4 lots) in accordance with the plans shown in Attachment 1.

REGIONAL PLAN DESIGNATION

The subject site is included within the Urban Footprint land use category in the Far North Queensland Regional Plan 2009-2031.

PLANNING SCHEME DESIGNATIONS

Strategic Plan Designation: Rural Residential

Zone: Rural Residential

Overlays: nil

Bushfire Hazard Rating: Low

The site is also designated Good Quality Agricultural Land by the relevant scheme mapping. Draft Planning Scheme Designations Subject Land : Rural Residential zone (1 hectare precinct), Flood Hazard Overlay Adjoining Land (to the west): Emerging Communities zone; Malanda Local Area Plan Precinct D (Eastern Expansion Precinct)

RELEVANT PLANNING INSTRUMENTS Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application:


(b) State Planning Policies (i) The following State Planning Policies have been appropriately reflected in the Planning

Scheme.

• State Planning Policy 1/92 – Development and Conservation of Agricultural Land

• State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide ( Bushfire and landslide only);

(ii) The following State Planning Polices are not reflected in the planning scheme:

State Planning Policies SPP Complies Comments

SPP 1/02

Development in the Vicinity of Certain Airports and Aviation Facilities.

N/A The subject site is not located within the vicinity of any airports or aviation facilities.

SPP 2/02

Planning and Managing Development Involving Acid Sulphate Soils

N/A The subject site is not affected by potential acid sulphate soils being well above 5m AHD.

SPP 2/07

Protection of Extractive Resources and Guideline

N/A The subject site is not located within the vicinity of a Key Resource Area or associated haulage route.

SPP 2/10

South East Queensland Koala Conservation

N/A This SPP is only applicable to SEQ.

SPP 3/10

Acceleration of compliance assessment

N/A The proposed reconfiguration does not meet the criteria for compliance assessment under this SPP.

DRO 4.6 Rural Residential Development

Land Use Policy Complies Comments

4.6.1 New rural residential development is located in rural living areas.

� Complies – subject site is in Rural Living Area

4.6.2 Future demand for rural residential housing is provided from within the existing stock of land zoned for this purpose.

� Complies – subject site is in established rural residential zone.

4.6.3 Construction of residential dwellings and ancillary structures within rural residential zoned land is confined to a building footprint which reduces the exposure to natural hazards and avoids and minimises the loss of native vegetation through locating structures in existing cleared areas and co-locating service corridors.

× The applicant has not adequately demonstrated that the land is not subject to flooding in a Q100 event.

4.6.4 Rural residential subdivision along watercourses should be designed to minimise the impact of rural residential water use on current and future water resources.

�/× Can comply with conditions


Relevant Development Codes

The following Development Codes are considered to be applicable to the assessment of the application:

Part 4, 2.2 Rural Residential Zone Code Part 4, 4.2 Landscaping Code (not relevant for this application) Part 4, 4.4 Reconfiguration of a Lot Code Part 4, 4.5 Works, Service and Infrastructure Code Part 4, 5.2 Natural Areas Overlay Code

The application included a planning report and assessment against the planning scheme. An officer assessment has found that the application can largely satisfy the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval SAVE THAT the applicant has not adequately demonstrated that the development can satisfy the various flood immunity requirements of the relevant codes.

Relevant Codes Comments Rural Residential Zone Code

The application complies with applicable acceptable/probable solutions/performance criteria apart from the following:

� PS2.1 & PC2

Refer to planning discussion section of report. Reconfiguration of a Lot Code


� PC2 & Code purpose

Refer to planning discussion section of report. Works, Services & Infrastructure Code


� AS14.1 & PC 14

Refer to planning discussion section of report. Natural Areas Overlay Code


SPP 4/10

Healthy Waters N/A The SPP aims to ensure that urban development avoids or minimises impacts on stormwater quality and flow in accordance with a set of stated design objectives. The subject development will not result in the disturbance of greater than 2,500m2 of land, and therefore assessment against SPP is not triggered.

SPP 5/10

Air, Noise and Hazardous Materials

N/A This SPP is not applicable as there are no management areas to which the SPP applies within the TRC LGA.

SPP 4/11

Protecting Wetlands of High Ecological Significance in Great Barrier Reef Catchments

N/A The subject site is not identified as a Great Barrier Reef wetland protection area.

SPP1/12 Protection of Qld’s Strategic Cropping Land

N/A The subject site is not identified as containing strategic cropping land.

Temp SPP2/12

Planning for Prosperity N/A The purpose of this policy is to achieve a balance between the competing or conflicting outcomes of the development by giving weight to:

a) agricultural uses in areas zoned for agricultural uses;

b) urban uses in areas zoned for urban uses;


(e) Planning Scheme Policies

The following planning scheme policies are relevant to the application: No. 5 – FNQROC Regional Development Manual This policy applies to the proposal and is generally achieved through conditions and any resulting operational works. No. 6 – Water Supply Headworks and Works External An approval be conditioned to require payment of headworks contributions for two additional lots. No. 8 – Development Contributions for Roadworks An approval be conditioned to require payment of an external roadworks contribution for two additional lots. No. 10 - Parks – Contributions This policy provides for either a land contribution, or payment of a cash contribution, for each extra lot created by a reconfiguration where the land will be used for residential, business or retail purposes. An approval can be conditioned to require payment of a parks contribution for two additional lots. REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies.

PLANNING DISCUSSION

Flooding The site adjoins the Johnstone River and is located within the nominal flood plain of that watercourse. Council does not hold any reliable flood records for the site. The application did not include detailed, quantitative flooding analysis by a Registered Professional Engineer of Queensland that would assist in assessment of the application. An Information Request was issued on 3 December 2012 with the following request and advisory note:

1. Officers believe that the site is subject to flooding, on the basis of historic flood events and levels. In addition, the Queensland Reconstruction Authority Floodcheck interim floodplain assessment mapping suggests that the site is subject to flooding.

On that basis, please provide a comprehensive, quantitative Q100 flood analysis and plan for the site prepared by an RPEQ with suitable expertise.


This plan should demonstrate that the proposed lots can be provided with adequate flood free building area and access.

3. Please demonstrate how the proposed development complies with the flood provisions

of State Planning Policy 1/03. 4. Please demonstrate how the development will comply with the flooding requirements of

PC2 of the Rural Residential Code and PC14 of the Works, Services and Infrastructure Code.

ADVISORY NOTE: Officers are unlikely to recommend approval without a detailed flooding assessment of this site which demonstrates that the requirements of the relevant planning instruments can be satisfied.

The requested RPEQ quantitative analysis was not provided as part of the information request response received on 31 May 2013. Instead, the applicant included six letters from local residents, which indicated that the site does not flood (Attachment 2). In addition, a plan showing contours for the site was provided, and a 2004 statement from a consultant civil engineer that stated, for the purposes of building, a flood level of 99.5 m (arbitrary datum) should be adopted for the site. This flood height results in about 70 % of proposed Lot 101 being subject to flooding. The assessing officer estimates that this arbitrary datum flood level is about 723.2m AHD. The basis of the applicant provided flood level appears to be a 1995 flood study done for Cleminson Creek (just downstream of the site), and it is not clear if that study took account of concurrent flooding of the Johnstone River. No supporting quantitative analysis was included, and officers are therefore unable to comment on the veracity of this flood height. The assessing officer investigated past flood levels in the area, to try to independently verify that height. Information from other Council staff suggests that a flood level of 722.5 m AHD was achieved at the Duncan Brown bridge (900 m downstream of the site) during Cyclone Tasha (Christmas 2010). Anecdotal evidence about the 1967 flood suggests a flood height of about 723 m AHD at the scout hut almost directly across the river from the site. In 2007, the former Eacham Shire Council undertook a flood investigation for the Malanda Falls Caravan Park in connection with a land use study. This study was also done on an arbitrary level datum, but its results show an indicative Q100 level of about 725 m AHD for the caravan park. This quantitative Q100 analysis was carried out by the applicant's engineering consultant -Tableland Consulting Engineers (Attachment 3). If an approximate hydraulic gradient of 0.15m per 100 m is applied to these various indicative flood levels, an equivalent flood height of about 723.5 -724 m AHD could be predicted for the site. A flood level of 724 m would result in almost all of proposed Lot 101, and a large part of Lot 111, being inundated - based on the contour information provided by the applicant. It is stressed that this investigation was not trying to establish a quantitative flood level for the site, but simply testing the veracity of the information provided by the applicant. The relationship between the previously mentioned flood heights and a rigorously derived Q100 flood height is not known, however, the Q100 level is likely to be higher. It is also noted that the Ginn Close crossing of Cleminson Creek floods, and consequently leaves the proposed lots without road access during times of flood.

The relevant codes of the planning scheme contain a number of flood immunity provisions, and the assessing officer is of the view that the applicant has not sufficiently demonstrated that these requirements are adequately satisfied (see below).

Rural Residential Zone Code


Reconfiguration of a Lot Code

Reconfiguration of a Lot Code Purpose Allotments located, designed and developed so as to not expose people and works to unacceptable risks from flooding, geotechnical failure or other hazards; Works, Services & Infrastructure Code

Council's decision must not conflict with any relevant instrument unless there are sufficient grounds to justify the decision, despite the conflict. Grounds are defined as matters of public interest, but do not include the personal circumstances (including financial circumstances) of an applicant, owner or interested party. Officers are of the view that there are not sufficient grounds for approval, and that approving a residential subdivision, that may be subject to flooding, is not in the public interest.

It is stressed that the uncertainty about the extent of the Q100 flood height is the only reason that refusal is being recommended, and that the application would have been recommended for approval (subject to conditions) if the applicant had provided the requested flood study, and that study had demonstrated Q100 flood immunity. If the application is refused, the applicant can submit a new application with the required flood study. Date Prepared: 7 August 2013

PC14 An acceptable level of flood immunity is provided for new development and access to new development.

PS14.1 Residential and commercial development does not occur below the Q100 flood level.

AS14.1 Residential and commercial development does not occur below the Q100 flood level.

PC2 Development is immune to flood events which result in unacceptable risk to health and safety or unacceptable risk of property damage.

PS2.1 Land on which buildings and structures associated with defined purposes nominated in Column 1 of Planning Scheme Schedule 3 will be constructed has immunity from a flood event of at least the annual exceedance probability specified in Column 2 of Planning Scheme Schedule 3 for the defined purposes.

AS2.1 Not Applicable.

PC2 Lot sizes and dimensions enable buildings, structures and use areas to be sited and managed to: � Acknowledge site constraints including soil stability, bushfire risk, flooding, erosion, drainage and buffers

to incompatible land uses;.


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-2 MAREEBA LIFESTYLE DEVELOPMENTS PTY LTD - EXTENSION TO RELEVANT PERIOD - RECONFIGURING A LOT - SUBDIVISION (1 INTO 45 LOTS) - LOT 2 ON RP720057 - 189 RAY ROAD, MAREEBA - REC/07/0083


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR: Carl Ewin, Planning Officer DEPARTMENT: Planning and Development

ATTACHMENTS: 1. Amended Decision Notice dated 18 September 2007

2. Applicant’s request to extend relevant period dated 3 July 2013

EXECUTIVE SUMMARY

Council approved a development application described in the above application details at its meeting held on 18 September 2007, subject to conditions. A subsequent Amended Decision Notice was issued on 5 October 2007 to amend Condition 5 (iii) regarding drainage headworks for the application, as resolved at Council's meeting on 2 October 2007. At its Ordinary Meeting held on 19 October 2011, Council approved a request to extend the relevant period for a period of two years from 18 September 2011 to 18 September 2013.

APPLICATION PREMISES FILE NO: REC/07/0083 ADDRESS: 189 Ray Road, Mareeba APPLICANT: Mareeba Lifestyle

Development Pty Ltd RPD: Lot 2 on RP720057

LODGED BY: Jim Pappas Drafting Pty Ltd

AREA: 19.82 Hectares

DATE REQUEST TO EXTEND LODGED:

19 July 2013 OWNER : Mareeba Lifestyle Developments Pty Ltd

TYPE OF APPROVAL:

Development Permit

APPROVED DEVELOPMENT:

Reconfiguring a Lot - Subdivision (1 into 45 Lots)

PLANNING SCHEME:

Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) & Mareeba Shire Transitional Planning Scheme 1982

ZONE: Preliminary Approval for development in accordance with Park Residential zone

LEVEL OF ASSESSMENT:

Code Assessment


Jim Pappas Drafting Pty Ltd, on behalf of the applicant has subsequently lodged an application to extend the relevant period for a further four years from 18 September 2013 to 18 September 2017 (the letter incorrectly states 18 September 2015 instead of 2017). It should be noted that Stage 1 of the proposed development has been successfully completed, creating Lots 24 - 45 as well as Rayfield Avenue and Agius Crescent (off maintenance). It should also be noted that the developer was required to extend Council's reticulated water supply network to service the development as well as widen Ray Road for the full frontage of the subject land as part of the completed Stage 1. The applicants have requested the extension to the relevant period to enable the successful completion of Stage 2. Considering the extensive development works already completed, it is recommended that Council approve the application to extend the relevant period for a further four (4) years from 18 September 2013 to 18 September 2017.


“1. It is recommended that, in relation to the application to extend the relevant period for the following development approval:

and in accordance with the Sustainable Planning Act 2009, as amended, the following

(A) The relevant period be extended for four (4) years from 18 September 2013 to 18 September 2017.

THE SITE

The subject land is described as Lot 2 on RP720057, Parish of Tinaroo, County of Nares having an area of 19.82 hectares. It is located on Ray Road, directly opposite the intersection of Ray Road and Jennings Road. Ray Road is constructed to bitumen sealed standard for the full frontage of the site. A dwelling house and farm sheds previously existed on the land and were marked for demolition to make way for the proposed development. Approximately 1.01 kilometres of new internal road was included as part of the development. The land is zoned Rural under the Mareeba Shire Planning Scheme, as are adjoining properties. Preliminary approval for development in accordance with the Park Residential zoned was issued by Council in 2007.

APPLICATION PREMISES APPLICANT: Mareeba Lifestyle

Development Pty Ltd ADDRESS: 189 Ray Road, Mareeba

TYPE OF APPROVAL

Development Permit RPD: Lot 2 on RP720057

APPROVED DEVELOPMENT

Reconfiguring a Lot - Subdivision (1 into 45 Lots)


Map Disclaimer:





Map Disclaimer:






BACKGROUND AND CONTEXT

Council at its General Meeting held on 6 March 2007 resolved to issue a Development Permit for the Application for Material Change of Use of land made by Twine Surveys Pty Ltd on behalf of C Agius to exclude land described as Lot 2 on RP720057, Parish of Tinaroo, situated at 189 Ray Road, Mareeba from the Rural A zone and include it in the Park Residential zone. The Park Residential zone has been replaced by the Rural Residential zone under the current Mareeba Shire Planning Scheme (2004). On 18 September 2007, Council approved the application made by Twine Surveys Pty Ltd on behalf of the applicant for the issue of a development permit for Reconfiguring a Lot - Subdivision (1 into 45 Lots) on land described as Lot 2 on RP720057, Parish of Tinaroo, situated at 189 Ray Road, Mareeba. A subsequent request to amend the decision notice was approved by Council on 2 October 2007. An amended decision notice was issued on 5 October 2007. At its Ordinary Meeting held on 19 October 2011 Council resolved to extend the relevant period for the approved development for a further two (2) years to 18 September 2013. Jim Pappas Drafting Pty Ltd, on behalf of the applicant, has now lodged an application to extend the relevant period for a further four (4) years from 18 September 2013 to 18 September 2017 (Jim Papas has advised that his letter incorrectly states 18 September 2015, instead of 2017). To date, the developer has successfully completed Stage 1 of the approved development which included the creation of Lots 24 - 45 and the construction of Rayfield Avenue and Agius Crescent. Stage 2 which is to be contained within the balance Lot (Lot 46 on SP210288) is yet to be developed into proposed lots 1 - 23 and a new internal access road constructed. Stage 2 will generally mirror the layout of Stage 1. The applicant has requested the extension to the relevant period to enable the successful completion of Stage 2. Council has recently granted four (4) year extensions to several similar competing developments namely 'The Rise' on Emerald End Road and the Adil Family development on Blacks Road, Mareeba. ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to: • the consistency of the approval, including its conditions, with the current laws and policies

applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under Chapter 8, Part 1.

Applicable Planning Instruments The application for Material Change of Use for Preliminary Approval for development in accordance with the Park Residential zone was assessed and approved under the Mareeba Shire Transitional Planning Scheme 1982 in accordance with the superseded planning scheme provisions of the Integrated Planning Act 1997. The subsequent reconfiguration of land application (REC/07/0083) was assessed and approved having regard to the preliminary approval (under 1982 Planning Scheme) and the Mareeba Shire Planning Scheme 2004.


• Mareeba Shire Transitional Planning Scheme 1982 & associated Mareeba Shire

Strategic Plan 1994 The subject land was zoned Rural A under this Planning Scheme. The Mareeba Shire Strategic Plan 1994 included the subject land within the Urban designation. The application to override the Rural A zone and develop the subject land in accordance with the Park Residential zone was consistent with the Strategic Plan. Development Approval REC/07/0083 is therefore considered consistent with the Mareeba Shire Transitional Planning Scheme 1982 and the associated Mareeba Shire Strategic Plan 1994.

• Mareeba Shire Planning Scheme 2004 The Mareeba Shire Planning Scheme 2004 commenced on 10 January 2005 and zoned the subject land as Rural. This Planning Scheme is still in force. As the 2004 Planning Scheme commenced prior to this application being decided under the 1982 Planning Scheme, it does not reflect the later Development Approval REC/07/0083. Accordingly, Development Approval REC/07/0083 for development in accordance with the park residential zone is considered to have a minor inconsistency with the Mareeba Shire Planning Scheme 2004.

• Draft FNQ Regional Plan 2025 The draft FNQ Regional Plan 2025 commenced in May 2008. The draft FNQ Regional Plan 2025 included the subject land within the Regional Landscape and Rural Production Area. Development Approval REC/07/0083 was inconsistent with this designation. The draft FNQ Regional Plan 2025 has been superseded by the Far North Queensland Regional Plan 2009-2031.

• Far North Queensland Regional Plan 2009-2031 The Far North Queensland Regional Plan 2009-2031 commenced in February 2009 and remains in force. The Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions placed the subject land within the Regional Landscape and Rural Production Area, inconsistent with Development Approval REC/07/0083. The Far North Queensland Regional Plan 2009-2031 State Planning Regulatory Provisions were repealed in October 2012.

• Draft TRC Planning Scheme The Draft TRC Planning Scheme places the subject land within the Rural Residential - Constrained zone.


Development approval REC/07/0083, creating 45 rural residential allotments is consistent with this designation. Once completed and new titles issued, this zone designation would restrict any further subdivision of the new allotments.

• State Planning Policy 1/12 Protection of Queensland's Strategic Cropping Land The undeveloped northern half of the subject land designated for Stage 2 (Lot 46 on SP210288) is mapped as containing potential Strategic Cropping Land (SCL). If the approval were to lapse, a subsequent application for the same proposal would be referred to the Department of Natural Resources and Mines as the relevant concurrence agency for development pertaining to SCL or Potential SCL. It is unlikely the Department would support the approval of such an application.

• State Planning Policy 1/92 Development and the Conservation of Agricultural Land Development Approval REC/07/0083 included conditions requiring the establishment of vegetated buffering within the subject land to protect neighbouring rural land/land uses in accordance with Planning Guideline 2 for State Planning Policy 1/92: Separating agricultural and residential land uses. State Planning Policy 1/92 expired on 18 December 2012. Despite the expiration of SPP 1/92, if the applicant were to reapply for the same proposal, it is likely similar conditions for agricultural buffering would be including as part of any resultant approval. Council officers would still use the expired SPP as well as provisions contained within the FNQ Regional Plan as a point of reference for the drafting of such conditions.

Applicable Infrastructure Charges Development Approval REC/07/0083 is not subject to fixed headworks. Should an extension to the relevant period be granted, the applicant will still be required to pay infrastructure contributions at the rate applicable at the time of payment, in accordance with the relevant existing infrastructure policies. The amounts payable under these policies can be increased annually in accordance with CPI.

• the community’s awareness of the development approval Development Application REC/07/0083 was Code Assessable and therefore was not subject to public notification.

• whether, if the request were refused – (i) further rights to make a submission may be available for a further development

application; and (ii) the likely extent to which those rights may be exercised;


A further development application would be Code Assessable and therefore not subject to public notification.

• the views of any concurrence agency for the approval given under section 385. The original application did not trigger referral to any Concurrence Agencies.

Date Prepared: 5 August 2013


ATTACHMENT 1


ATTACHMENT 2


ITEM-3 REQUEST TO EXTEND INFORMATION REQUEST RESPONSE PERIOD - MT EMERALD WIND FARM PTY LTD - APPLICATION FOR MATERIAL CHANGE OF USE (UTILITY INSTALLATION - WIND FARM) - LOT 7 SP235244 - KIPPIN DRIVE, ARRIGA - MCU/11/0024


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Peter Pattison, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Council has received an applicant request to extend the Information Request response period for a Material Change of Use application for the Mount Emerald Wind Farm. The associated Council information request seeks further substantive technical details about noise, visual, traffic, construction and ecological impacts. The request is for a further six month extension to allow the applicant to complete a number of technical studies associated with the Council information request and other federal government requirements. Officers have requested that the applicant provide a staged response to the information request, however, this has not occurred. Section 277(3) of SPA provides for extension of the response period, and has already been used to extend the response period to 28 October 2013 in accordance with a previous applicant request. The application will lapse if a response is not provided by 28 October 2013, and if Council does not agree to a further extension. There are a number of other assessment uncertainties associated with this application. They include the final form of the Single State Planning Policy provisions and associated guidelines for wind farms, the Minister for State Development Infrastructure and Planning's refusal to deal with a wind farm amendment to the Mareeba Shire Planning Scheme, and the lapsing of the Temporary Local Planning Instrument (TLPI) for wind farm development for the Arriga area on 7 October 2013. Officers consider that the requested information includes matters that ought to be addressed for the benefit of all parties prior to Council making its decision, and that the application cannot be adequately assessed without it. If the application were to be decided without that information, there could be potential costs implications if the matter proceeds to court as an applicant appeal and Council's decision were overturned as a consequence of a failure to obtain appropriate information. Council has deferred its deciding of the request, and instead requested that the applicant provide further substantiation, including evidence of progress to date and anticipated time frames. The applicant has responded to that request, and the response is provided for Council's consideration. The officer recommendation of 4 July to extend the Information Request response period to 1 April 2014 remains unchanged.



“It is recommended that: • the Information Request response period for the Material Change of Use application for the

Mount Emerald Wind Farm (MCU/11/0024) be extended to 1 April 2014; • the applicant be requested to provide a staged response to the Information Request."

BACKGROUND

The Information Request sought further details that officers consider necessary to assess the application (see Attachment 1).

Sustainable Planning Act Provisions

Under s 278, the applicant must respond to an information request by giving Council all of the requested information, part of the requested information requested, or none of the requested information, within six months of the date of issue. Section 279(1-3) of SPA also provides for extension of the information request response period, if Council agrees. The response period has been previously extended, and is now due before 28 October 2013. Under s 279, the application will lapse if the response is not provided by 28 October 2013, and if Council does not agree to further extend the response period (see below): S 279 Lapsing of application if no response to information request (1) The application lapses if the applicant does not comply with section 278 within—

(a) for an application required by an enforcement notice or in response to a show cause notice—3 months after receiving the information request (the response period) or the further period agreed between the applicant and the entity making the information request; or

Application Chronology 16 August 2011 Application lodged

26 August 2011 Not-properly made notice issued

15 Sept 2011 Minister consents to TLPI 01/011

29 March 2012 Application becomes properly made

1 May 2012 Information Request issued

12 October 2012 Information Request response period extended to 28 October 2013

17 June 2013 applicant requests a further 6 month extension to the Information Request response period

4 July 2013 Council deferred their response & requested further supporting evidence

31 July 2013 the applicant responded to that request


(b) for any other application—6 months after receiving the information request (also the response period) or the further period agreed between the applicant and the entity making the information request.

(2) However, if the application is revived under section 280(1), the application lapses if the applicant does

not comply with section 280(2). (3) Subsection (4) applies if—

(a) the applicant asks the entity making the information request to agree to extend the response period; and

(b) the entity does not respond to the request until 5 business days before the response period ends, or later; and

(c) the entity does not agree to the extension.

(4) The response period does not end until 10 business days after the response, advising that the entity does not agree to the extension, is received.

(5) The entity making the information request must not unreasonably refuse to extend the response

period.

DE- AMALGAMATION ISSUES

The site is located within the boundaries of the soon to be de-amalgamated Mareeba Shire. Any decision on the application after 31 December 2013 will therefore be the responsibility of the new Mareeba Shire Council, as will future dealings with the application such as appeals.

APPLICANT RESPONSE TO REQUEST FOR FURTHER PARTICULARS

The applicant's Status Report response to Council's 11 July letter (Attachment 4) is commented on below.

In summary, the Report stresses that the requested extension is required so that the applicant can complete the studies and EIS required under the federal government EPBC Act environmental assessment framework. That federal assessment process requires completion and submission of the draft EIS in accordance with the Terms of Reference, and the target date for that is late September - early October. The draft EIS must be then be approved for publication by the Minister, published, undergo public comment, be finalised and submitted for assessment, and then decided by the Minister. There are no statutory timeframes associated with this process - the provided timeline shows a federal decision being made in April 2014, however, there is a significant degree of uncertainty associated with that date. The applicant makes the point that they largely have no control over the timing of this assessment process.

They also emphasise the high degree of interdependence between the various elements of the project's design and evaluation. For instance, the final location and number of turbines will be influenced by various factors, including any federal conditions of approval, and cannot be finalised until those conditions are known. The flow-on effect is that the final noise study cannot be finalised until after April 2014 (on current timelines). Given the centrality of noise impacts in the Council assessment process, deciding the application before then would not result in a satisfactory or defendable outcome. Officers believe that the environmental (flora and Fauna) substantiations for the requested extension are valid and credible, and consider the supporting material to be both detailed and informative. Council also requested evidence to support the individual information request items, including progress and timelines. A detailed analysis of those responses has not been included in this report, but officers consider that the responses are largely appropriate. However, some are cursory and


not overly informative, or unsatisfactory (eg the response to the community consultation information request). The definitive timelines request has largely been glossed over, or avoided. Despite that, officers are satisfied that the previously discussed flow-on effect is a significant factor in a number of Council's information request items and that the same arguments apply about prematurely deciding the application.

DISCUSSION

There are grounds for both approving the subject request or refusing it. The grounds for agreeing to further extend the response period are: • this a large, high-value development, with associated complex technical issues and impacts.

• the requested information includes matters that ought to be addressed for the benefit of all

parties prior to Council making its decision.

• the application cannot be adequately assessed without the requested information.

• the applicant is understood to be primarily focusing on matters required for Federal approval under the EPBC Act. This EPBC information may significantly influence the design and layout of the development, and any EPBC approval may require significant changes, or the development my not receive any federal approval at all. Deciding the planning application before any EPBC outcome is finalised, and any federal approval is conditioned, would be premature.

• if the application were to be decided without that information, there could be potential cost

implications for Council if the matter proceeds to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information.

• S279(5) of SPA specifies that the entity (Council) making the information request must not

unreasonably refuse to extend the response period and there is a risk that considering the nature of this application that refusal may be seen as unreasonable.

• If Council does not agree to extend, the applicant could decide to let the application lapse

and then lodge a new application that may not be subject to the current wind farm assessment framework (ie if the state Minister were to let the TLPI lapse and not approve the planning scheme amendment, there is the potential for a diminished planning outcome under a new application).

The grounds for not agreeing to further extend the response period are:

• the development is located on the boundary of the de-amalgamated Mareeba Shire and the

continuing TRC. It is unclear if the de-amalgamated Mareeba Shire would take the concerns of TRC residents into consideration when deciding the application.

• the application is causing significant concerns to some surrounding land owners and further

delay increases uncertainty. The above grounds for not agreeing to the requested extension are primarily matters related to de-amalgamation and not are normal or particularly relevant considerations. The need for Council to ensure it has also relevant information to make a decision, legislative considerations and the potential for information from the federal approval and that approval to change the application are compelling and appropriate considerations. It is therefore recommended Council approve the requested extension.


LINK TO CORPORATE PLAN

Outcome – Responsible Environmental Management Environmental responsibility in the ongoing development of the Region, by improving and managing the natural and built environment

Environmental Protection Preserve and manage the region’s natural environment, open space and scenic amenity including bushland, wildlife, waterways management, water and air quality so as to maintain urban amenity and the productivity of rural land as well as minimizing the impact that waste generated by human activity has on the natural environment. Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION

Internal Nil External Nil

LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

The following legal matters are highlighted for Council's consideration: • S279(5) of SPA specifies that the entity (Council) making the information request must not

unreasonably refuse to extend the response period. • If the application were to be decided without the requested information, there could be

potential costs implications for Council if the matter were to proceed to court as an applicant appeal and a decision is overturned as a consequence of Council's failure to obtain appropriate information.

POLICY IMPLICATIONS

• The previous Tablelands Regional Council recognised that the relevant planning scheme provisions were inadequate for the proposed wind farm and prepared a Temporary Local Planning Instrument (TLPI) for wind farm development that only applied to the Arriga area. The TLPI came into force in October 2011, and the Minister for State Development, Infrastructure and Planning has extended its currency period to 6 October 2013.

• Under the provisions of that TLPI, the development application is only code assessable, which means that the application does not have to be publicly notified, and that there are no third party appeal rights to any decision. There has been considerable public interest in the development, and Council has received a large number of submissions and representations.


• A wind farm amendment to the Mareeba Shire Planning Scheme was submitted to the Minister for State Development, Infrastructure and Planning for approval in August 2012. He has not dealt with that planning scheme amendment, but has instead extended the TLPI to 6 October 2013.

• The development application for the wind farm is subject to the provisions of the TLPI, provided that TLPI is still in place at the time the application is decided. It is unclear if the provisions of the TLPI will apply to assessment of the application, if the TLPI lapses prior to the application being decided.

• The state government is currently preparing a single State Planning Policy, and the Minister for State Development, Infrastructure and Planning has informed Council that the policy will address wind farms. The draft of this document did not include provisions for wind farms or associated guidelines.

• The draft TRC Planning Scheme contains a Renewable Energy Facility Code that is capable of addressing wind farm development throughout the whole of the TRC.

STAFFING/ASSESSMENT IMPLICATIONS Planning and Development's ability to assess the application will be severely limited during September and November because key staff will be absent.

FINANCIAL & RESOURCE IMPLICATIONS

Capital NIL Operating Sufficient funds have not been allocated in the 2013/14 budget to engage appropriate experts to assist in assessing this application. Is the expenditure noted above included in the 2012/2013 budget?

Yes, however, the 2013/14 Budget allocation was removed.

If not you must recommend how the budget can be amended to accommodate the expenditure An amendment to the budget will likely be required.

IMPLEMENTATION/COMMUNICATION

Council's decision will be communicated to the applicant in writing and a media release would be advisable to ensure concerned residents are aware of the extension.

ATTACHMENTS

1. Information Request 2. applicant request to extend Information Request response period 3. Council request for further evidence dated 11 July 4. applicant response to Council dated 30 July Date Prepared: 7 August 2013


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ITEM-4 APPLICATION TO ENTER MAREEBA UNITING CHURCH IN THE QLD HERITAGE REGISTER


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The Department of Environment and Heritage Protection (DEHP) has made application to itself, proposing the entry of Mareeba Uniting Church on land described as Lots 4, 5 and 6 on RP708296, situated at 189 Walsh Street, Mareeba in the Queensland Heritage Register. DEHP believes that the unique design of the Mareeba Uniting Church and the significance of its architect; satisfy four (4) cultural heritage criteria. These criteria are outlined in the application documentation included as Attachment 1 of this report. DEHP seeks Council's views on the proposed entry. Any Council objection relating to this application must be made on the basis that the place, the subject of the application, does or does not satisfy one or more of the cultural heritage criteria specified in the Act. Council officers are not aware of any strong grounds to argue that the subject site does not meet the relevant heritage criteria.


1. "That Council offer no objection to the application to enter Mareeba Uniting Church on land described as Lots 4, 5 and 6 on RP708296, situated at 189 Walsh Street, Mareeba in the Queensland Heritage Register.

2. That Council advise the Department of Environment and Heritage Protection that there are no current development approvals in effect over Lots 4, 5 and 6 on RP708296."


BACKGROUND

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.


Lots 4, 5 and 6 on RP708296 have a combined area of 1,371 square metres and are owned by The Uniting Church in Australia - Property Trust. The land is located at 189 Walsh Street (corner


of Walsh and Rankin Street), Mareeba, opposite and to the south of TRC's Mareeba Service Centre. The subject land contains the Mareeba Uniting Church, a church hall and dwelling house. In 2007, a previous application was made to enter the Mareeba Uniting Church in the Queensland Heritage Register. Council at this time sought the views of the land owners who objected to the proposed entry. Council subsequently supported the land owners and also objected to the proposed entry. The land owners remain opposed to the entry of the Mareeba Uniting Church. The land owners also oppose the inclusion of the subject land within the Heritage Overlay of the draft TRC Planning Scheme (Attachment 3). In response to the land owner's objection, Council at its Special Meeting held on 11 July 2013, resolved to remove the subject land from the Heritage Overlay of the draft TRC Planning Scheme. Notwithstanding the land owner's continued objection to the entry, Council's submission relating to this application must be made on the basis that the place, the subject of the application, does or does not satisfy one or more of the cultural heritage criteria specified in the Act. The cultural heritage criteria are: a) The place is important in demonstrating the evolution or pattern of Queensland's history;

b) The place demonstrates rare, uncommon or endangered aspects of Queensland's cultural heritage;

c) The place has potential to yield information that will contribute to an understanding of Queensland's history;

d) The place is important in demonstrating the principal characteristics of a particular class of cultural places;

e) The place is important because of its aesthetic significance;

f) The place is important in demonstrating a high degree of creative or technical achievement at a particular period;

g) The place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

h) The place has a special association with the life or work of a particular person, group or organisation of importance in Queensland's history.

Any Council objection which is based solely on the land owner's opposition to the proposed entry is likely to be considered as a 'not properly made submission' and is unlikely to be considered by DEHP. Council officers are not aware of any strong grounds to argue that the subject site does not meet the relevant heritage criteria.


Outcome – Quality of Living

A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations.

Cultural Development


Encourage recognition and appreciation of regional arts, culture, heritage and diversity and support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community.

CONSULTATION

Internal NIL External NIL


NIL

POLICY IMPLICATIONS

The Department requests Council's views on the proposed entry and a review of Council records to determine if any development approvals have been issued over the subject land. There are no current development approvals in effect over the subject land. The research undertaken during the preparation of the Heritage Overlay of the draft TRC Planning Scheme (Attachment 2) has determined that the Mareeba Uniting Church would satisfy the following cultural heritage criteria:

a) The place is important in demonstrating the evolution or pattern of Queensland's history;





Capital NIL Operating NIL Is the expenditure noted above included in the 2012/2013 budget?

NIL

If not you must recommend how the budget can be amended to accommodate the expenditure NIL



The Department of Environment and Heritage Protection will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Environment and Heritage Protection letter dated 11 July 2013. 2. Extract from Heritage Overlay of the draft TRC Planning Scheme. 3. Mareeba Uniting Church letter dated 26 March 2013. Date Prepared: 5 August 2013


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ITEM-5 APPLICATION TO ENTER MAREEBA SHIRE HALL IN THE QUEENSLAND HERITAGE REGISTER


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard, Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The Department of Environment and Heritage Protection (DEHP) has made application to itself, proposing the entry of Mareeba Shire Hall on land described as Lot 1 on RP734346 and part of Walsh Street road reserve, situated at 136 Walsh Street, Mareeba in the Queensland Heritage Register. DEHP believes that the unique design of the Mareeba Shire Hall and the significance of its architect; satisfy four (4) cultural heritage criteria. These criteria are outlined in the application documentation included as Attachment 1 of this report. Council has been notified of the proposed entry in its roles as the relevant local government and also as land owner. Under the Queensland Heritage Act 1992 (QHA), land owner's consent/agreement is not required for the proposed entry to proceed. Council may make a submission in response to the proposed entry, however the submission must relate to the cultural heritage criteria specified in the QHA. DEHP seeks Council's views on the proposed entry.


1. That Council advise the Department of Environment and Heritage Protection that the Mareeba Shire Hall on land described as Lot 1 on RP734346 and part of Walsh Street road reserve, situated at 136 Walsh Street, Mareeba would satisfy the cultural heritage criteria A, D, E & F, however, Council is capable of managing and protecting the heritage values of the Mareeba Shire Hall without the need for the proposed entry into the Queensland Heritage Register.

2. That Council advise the Department of Environment and Heritage Protection that there are no current development approvals in effect over Lot 1 on RP734346.


BACKGROUND




Lot 1 on RP734346 has an area of 1,913 square metres and is owned as freehold title by Council. The land is located at 136 Walsh Street, Mareeba. The subject land contains the Mareeba Shire Hall and associated car parking. The hall is currently leased to the Police Citizens Youth Club (PCYC). The Mareeba Shire Hall was not identified as being of local heritage value during the preparation of the Heritage Overlay of the draft TRC Planning Scheme.


Outcome – Quality of Living

A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations.

Cultural Development Encourage recognition and appreciation of regional arts, culture, heritage and diversity and support and provide opportunities for individuals, clubs and groups to participate in the arts and cultural life of the community.

CONSULTATION

Internal Land and Facilities External NIL


The following information relating to the obligations/implications of heritage listing has been sourced from various DEHP publications. "Entry in the Queensland Heritage Register means that your place:

• is of particular importance to the people of Queensland and enriches our understanding of our history and heritage

• is protected under the Queensland Heritage Act 1992

• requires approval from the department for major changes (or from the QHC if State-owned)

• may be eligible for financial assistance (subject to the availability of heritage grant programs)

• appears in the Queensland Heritage Register published on the department’s website. Buying, selling and leasing Entry of a place in the Queensland Heritage Register does not diminish property rights. There is no legal restriction on the sale or lease of a heritage place. Subdivision of a heritage property requires development approval, but if that is given there is no restriction on how that property is sold or to whom.


Making changes Entry in the Queensland Heritage Register does not exclude changes, additions or the construction of new buildings, provided work does not detract from the heritage values of a place. Most types of proposed changes to Queensland Heritage Places are regarded as development and need to be assessed by DEHP. Maintenance and minor repairs Some types of maintenance and minor repair work require approval from DEHP. Generally, these can be undertaken without application to DEHP as long as the work is done in accordance with conditions set out in the General Exemption Certificate. Owners of Queensland Heritage Places are not obliged to fully restore their property. However, owners are advised to maintain their place to ensure it is protected from serious or irreparable damage or deterioration. Owners may be required to undertake essential maintenance work to protect their property from weather, fire or vandalism. The QHA provides for Heritage Agreements between property owners and DEHP. Heritage agreements are designed to give certainty for owners whilst ensuring the cultural heritage significance of a place is conserved. Heritage Agreements specify a range of activities including development work, use, public access and maintenance and conservation work standards. Unless stated otherwise, a Heritage Agreement is listed on the certificate of title of a place and is binding on the owner or occupiers. Conservation Management Plans A Conservation Management Plan (CMP) guides the conservation and management of a heritage place. Prepared by a heritage professional, a CMP identifies the heritage values of a place, sets out policies to guide conservation and future change and provides strategies to put policies into action. Used by owners, managers and approval authorities, a CMP guides decision making to ensure the heritage values of a place are maintained. A CMP is an essential management tool for heritage places with complex needs or which are undergoing adaptation and change. Public access There is no legislative requirement for owners to open their properties and heritage registration does not give the general public the right to enter a property without express permission from the owner. However, some owners open their heritage properties to the public, usually on an entry fee basis, either for themselves or to raise funds for a charitable cause."

POLICY IMPLICATIONS

The Department requests Council's views on the proposed entry and a review of Council records to determine if any development approvals have been issued over the subject land. There are no current development approvals in effect over the subject land. Section 26(3) of the Queensland Heritage Act 1992 is as follows:


(3) An objection to the proposed entry of a place in the Heritage Register on a permanent basis may be made only on the basis that the place is not of cultural heritage significance or does not satisfy the criteria for entry in the Register.

The cultural heritage criteria are: a) The place is important in demonstrating the evolution or pattern of Queensland's history;

b) The place demonstrates rare, uncommon or endangered aspects of Queensland's cultural heritage;

c) The place has potential to yield information that will contribute to an understanding of Queensland's history;




g) The place has a strong or special association with a particular community or cultural group for social, cultural or spiritual reasons;

h) The place has a special association with the life or work of a particular person, group or organisation of importance in Queensland's history.

Council officers are unable to dispute DEHP's assessment that the Mareeba Shire Hall satisfies criteria A, D, E and F. Notwithstanding the additional costs and constraints associated with the management of a heritage listed site, Council cannot legally make an objection on this basis. It is the opinion of Council officers that Council can manage and protect the heritage value of its assets without the need for the additional legislative protection provided by the entry into the Queensland Heritage Register. Due to this, the officer's recommendation is that Council acknowledge that the cultural heritage criteria may apply, but also advise DEHP that Council is not in favour of the proposed entry.


Capital NIL Operating The ongoing management and maintenance of a heritage listed site will result in additional costs due to the need to document proposed works and to seek DEHP approval prior to undertaking some works. Council may also be required to engage the services of a heritage consultant to support some future applications. Is the expenditure noted above included in the 2012/2013 budget?

NIL




The Department of Environment and Heritage Protection will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Environment and Heritage Protection letter dated 11 July 2013. Date Prepared: 6 August 2013


ATTACHMENT 1


ITEM-6 LOT 237 ON NR4681, BARRON STREET, KOAH - DNRM - REQUEST COUNCIL CONSIDERATION OF MOST APPROPRIATE USE


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard – Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The Department of Natural Resources and Mines (DNRM) is presently considering the most appropriate future use and tenure of land described as Lot 237 on NR4681, Parish of Formartine, situated at Barron Street, Koah. DNRM seeks Council's views on the most appropriate future use and tenure.


"That Council advise the Department of Natural Resources and Mines that Lot 237 on NR4681, Parish of Formartine should be amalgamated with Lot 2 on K4136 (being a Reserve for Recreation) and kept in public ownership as a reserve for environmental or community purposes with Council as trustee."

BACKGROUND

The subject land is located on the eastern side of the Clohesy River at Koah and is bounded by the Barron River, Clohesy River and the Mareeba-Kuranda railway line. The presence of the railway line results in the subject land having no legal road access. The lack of legal road access constrains the potential for the land being made available for sale as freehold title. The subject land has high environmental values due to the dual river frontages and the extensive vegetation coverage.


DE-AMALGAMATION ISSUES

NIL



Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION

Internal Council's Senior Land and Lease Management Officer believes that the subject land is ideal to amalgamate with existing Lot 2 on K4136 (being a Reserve for Recreation) and kept in public ownership as a reserve for community purposes with Council as trustee. If Council agrees with this land being added to the existing reserve, it should be set aside at this stage with no immediate costs and development foreseen. External NIL


NIL

POLICY IMPLICATIONS

The subject land has an area of 30.35 hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. As the land is not good quality agricultural land, the 30 hectares lot size conforms to the planning scheme's minimum rural (not GQAL) lot size. Due to the lack of legal road access, the land should not be sold as a freehold allotment. Lot 2 on K4136 (being a Reserve for Recreation) is situated directly to the west of the subject land on the opposite bank of the Clohesy River. With an existing area of just 4,550 square metres, the future potential recreation uses of the reserve could be significantly increased through an amalgamation with Lot 237 on NR4681. The amalgamation would also protect the environmental values of Lot 237 and ensure that the community retains a high level of access to the Barron River.




NIL



The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources & Mines letter dated 16 July 2013 (DWS VS 3366455) Date Prepared: 6 August 2013


ATTACHMENT 1


ITEM-7 LOT 201 ON HG806701, LEADINGHAM CREEK ROAD, DIMBULAH - DNRM - REQUEST COUNCIL CONSIDERATION ON FUTURE USE


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brian Millard – Senior Planner DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

Council, at its Ordinary Meeting on 15 November 2012 considered a permit to occupy (for agricultural & water supply purposes) over Lot 201 on HG806701 (off Leadingham Creek Road, Dimbulah) and resolved to offer no objection to the permit subject to it being in association with Lot 50 on HG806701. The Department of Natural Resources and Mines is now conducting further investigations into the most appropriate tenure for Lot 201 on HG806701 and seeks Council's views regarding its possible conversion to freehold or the potential creation of a Reserve for a community purpose. DNRM has granted an extension to 29 August 2013 for Council's response.


"That Council advise the Department of Natural Resources and Mines that Lot 201 on HG806701, Parish of Leadingham should be made available for sale as freehold title, subject to it being amalgamated with adjoining Lot 50 on HG806701."

BACKGROUND

The subject land is located off Leadingham Creek Road, Dimbulah and is currently used for minor agricultural uses in conjunction with adjoining Lot 50 on HG806701. The subject land separates Lot 50 on HG806701 (freehold) from the Walsh River (irrigation water supply) and is relatively undeveloped with the exception of the Lot 50 water supply infrastructure.



NIL



Sustainable Development Improve the region’s urban form, character and natural environment through planning and development controls, design guidelines, traditional ownership considerations and sustainable development principles.

CONSULTATION

Internal Land and Facilities Group External Nil


NIL

POLICY IMPLICATIONS

The subject land has an area of 14.688 hectares and is zoned Rural under the Mareeba Shire Planning Scheme 2004. The Planning Scheme nominates a 60 hectare minimum lot size for new rural lots in this locality. If Lot 201 is converted to freehold as a stand alone allotment, it would be non compliant with the Mareeba Shire Planning Scheme 2004. It is also probable that most of the subject land would be at significant risk of flooding. As Lot 201 is presently used for agriculture and water supply purposes in conjunction with adjoining Lot 50 on HG806701, the most logical future use would be to amalgamate Lot 201 with Lot 50. Council does have the option of seeking the land be converted to a community reserve. Although the land has river frontage, Council officers have not recommended this as the land is not particularly suitable in it's present form and location. Should Council seek this land become a reserve, it should be set aside at this stage with no immediate costs and development foreseen. Council could issue a trustee lease to the present occupant and there would be no problem in granting an easement for to allow continued access to water (Walsh River).


The creation of a new reserve for a community purpose over Lot 201 on HG806701 should only be pursued in the event Council believes that there is a community need for such a reserve in this location and sufficient funds for ongoing maintainence.



NIL



The Department of Natural Resources and Mines will be informed of Council's decision by letter.

ATTACHMENTS

1. Department of Natural Resources & Mines letter dated 28 June 2013 (DWS VS 3345966) Date Prepared: 6 August 2013


ATTACHMENT 1


ITEM-8 C ROSS - CHANGE OF DEVELOPMENT APPROVAL - PRELIMINARY APPROVAL OVERRIDING THE SCHEME & DEVELOPMENT PERMIT MCU RURAL RES & ROL (26 GROUP TITLE LOTS & COMMON PROPERTY) LOT 4 RP732163, 98 FLETCHER RD, YUNGABURRA - DA/13/006 CONFIDENTIAL

REASON FOR CONFIDENTIALITY

This report is CONFIDENTIAL in accordance with Section 275 of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(g) any action to be taken by Council under the Sustainable Planning Act 2009, including deciding applications made to Council under that Act.


DISASTER MANAGEMENT

ITEM-9 REQUEST FOR COUNCIL TO ENDORSE SUBMISSION OF THE GRANT FUNDING APPLICATION TO CONSTRUCT AND FIT-OUT A TABLELANDS COMMUNITY EDUCATION, TRAINING & DISASTER COORDINATION FACILITY IN ATHERTON

DOCUMENT INFORMATION MEETING: Ordinary MEETING DATE: 1 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Sarah Dean, Senior Advisor Disaster Management DEPARTMENT: Planning and Development

EXECUTIVE SUMMARY

The Queensland Government has introduced a new process to deliver disaster mitigation and resilience funding to Queensland communities. The streamlined assessment process means that each application submitted will be evaluated against the following three programs:

• Royalties for the Regions - $10 million available in 2013-14 for flood mitigation projects. Administered by the Department of State Development, Infrastructure and Planning.

• Local Government Floods Response Subsidy - $12.944 million available in 2013-14 for flood mitigation projects. Administered by the Department of Local Government, Community Recovery and Resilience.

• Natural Disaster Resilience Program - joint Queensland and Australian Government funding, delivered under a National Partnership Agreement. Supporting flood mitigation and all hazards projects. Administered by the Department of Community Safety.

The aim of the funding is to protect communities from future flooding and other natural hazards and to build more resilient communities. The ethos is that enhanced preparation, improved flood security and better education about responses to natural disasters, will ultimately reduce expenditure on natural disaster reconstruction and recovery activities. Tablelands Regional Council submitted a grant application signed by the Mayor and CEO to construct and fit-out a dedicated state of the art Community Education, Training & Disaster Coordination Facility adjacent to the existing Council office in Atherton. Applications opened on the 25 June and closed on the 19 July 2013.


"That Council endorses the submission of the grant funding application to construct and fit-out a Tablelands Community Education, Training & Disaster Coordination Facility in Atherton".


BACKGROUND

A grant application has been submitted to construct and fit-out a dedicated state of the art Community Education, Training & Disaster Coordination Facility. Key outcomes of this project include:

• A dedicated facility for hosting ongoing disaster and emergency management training and education sessions to enhance communities' resilience to natural hazards.

• A safe physical environment that is adequately equipped to coordinate disaster and emergency

operations on behalf of the Tablelands LDMG agencies. It is proposed that the facility will be located adjacent to the Atherton Council office in the existing car park where the vehicle shed currently stands (see site plan - Attachment A). This will involve demolishing the current vehicle shed and will also mean that some additional parking spaces are lost. This has been identified in the pre-lodgement advice obtained from the Town Planning department and may require Council to identify or create some additional parking for employees (see Attachment B). The Tablelands Community Education, Training & Disaster Coordination Facility will comprise a large meeting room, two smaller meeting rooms, an office, toilets, showers, storage and a kitchen area (see concept floor plan - Attachment C). The facility will be built to withstand severe cyclonic events and will be equipped with audio-visual equipment, computers and a radio communications room. The intention is for the facility to be used on a daily basis as a meeting and training room facility and used at the time of an event as a safe and secure location for the Tablelands Local Disaster Coordination Centre. The facility will be equipped with audio-visual equipment, ICT equipment and a radio communications room and can be used by Tablelands Regional Council employees and other agencies involved in disaster response and recovery operations e.g. Local & District Disaster Management Group meetings, Fire Management Group meetings, Tablelands Radio & Electronics Club, Red Cross and so on. It is expected that these groups would utilise the facility free of charge which will off-set Council's contributions to the project. However, it is also feasible to anticipate that some income could be generated through hire of the facility to other groups not involved in disaster response and recovery operations. Letters of support to accompany the grant application were received from the following:

• Shane Knuth, MP for Dalrymple • District Disaster Management Group • Emergency Management Queensland

• Queensland Fire & Rescue Service (Urban) • Queensland Fire & Rescue Service (Auxiliaries) • Queensland Fire & Rescue Service (Rural Operations) • Cassowary Coast Regional Council • Australian Red Cross • Tablelands Radio & Electronics Club • Rotary Club of Atherton • Salvation Army • Tinaroo & Kairi Community Disaster Coordinator • Yungaburra & District Deputy Community Disaster Coordinator

The full grant application was submitted on 19 July and can be obtained by contacting the Senior Advisor Disaster Management. The project must be completed within 12 months of the funding being announced which is anticipated in August 2013.


This links directly to the following priority issues within the Corporate Plan 2009-2013: "A Vibrant and Healthy Community" - Support a safe living environment for the community through a proactive response to public safety matters.


"A Sustainable Environment" - Reduce the community's risk and exposure to the adverse impacts of natural hazards through disaster management planning and response.

CONSULTATION

Internal

• Chief Executive Officer

• General Manager Planning & Development • General Manager Corporate & Community Services • Manager, Plant & Facilities • Manager, Project Delivery • Manager, Urban & Regional Development • Supervisor, Building & Plumbing

External

• District Disaster Coordinator • EMQ • LDMG Agencies • Volunteer Groups


The Queensland Disaster Management Act 2003 requires the Tablelands Local Disaster Management Group (LDMG) to establish and maintain a Local Disaster Coordination Centre (LDCC) to coordinate response and recovery functions in the event of a disaster affecting the Tablelands Regional Council area. The de-amalgamation decision has left Tablelands Regional Council without a functioning Local Disaster Coordination Centre.

POLICY IMPLICATIONS

Nil.


A budget was prepared for the grant application (see Attachment D). The total project cost is $2,190,620. Under grant funding, Tablelands Regional Council would be required to contribute 1/3 of the total project costs as cash or as in-kind contributions. If successful, Tablelands Regional Council would need to contribute $732,692 towards the total project cost. Attachment C illustrates the range of costs Council may contribute. This includes costs such as donation of the land, project management expertise, 60kva generator, data projector, free community training and meeting room hire and future operating and maintenance costs. Capital The capital cost that Council needs to secure for this project is minimal as these costs are being sought from the grant application (see Attachment D). Operating Operating costs will remain the responsibility of Council. However, future operating and maintenance costs can potentially be donated in-kind which essentially off-sets a significant proportion of Council's contribution to the project (see Attachment D). Is the expenditure noted above included in the 2013/2014 budget? If not you must recommend how the budget can be amended to accommodate the expenditure. The expenditure noted above is not included in the 2013-14 budget as this was an opportune project which was not anticipated until the grant funding was announced. At this stage, there is no guarantee that the


grant funding application will be successful. If the grant funding application is successful, expenditure required will be captured in the 3 month budget review.


Nil.

ATTACHMENTS

A. Aerial Image of Site incorporating Concept Design B. Pre-Lodgement Development Approval Advice C. Concept Floor Plan D. Proposed Budget Date Prepared: 22 July 2013


Attachment A – Aerial Image with Concept Design


Attachment B – Pre Lodgement Advice


Attachment C – Concept Floor Plan


Attachment D – Proposed Budget


CHIEF EXECUTIVE OFFICER

ADMINISTRATION

ITEM-10 DE-AMALGAMATION PROJECT MANAGER PROGRESS REPORT NO 7


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Brett de Chastel, De-Amalgamation Project Manager DEPARTMENT: Office of the Chief Executive Officer

EXECUTIVE SUMMARY

The de-amalgamation process continues to go well. We are continuing to look at ways to improve the process and have developed a new format for recording and reporting de-amalgamation costs. In relation to de-amalgamation costs, the Transfer Committee approved a further $133,332 of de-amalgamation costs at its meeting on 31 July. Other issues addressed in this report to keep the Council up-to-date include details of some risks identified as part of the de-amalgamation management process, an update on progress with the Transfer Manager's ICT consultant’s report and details of the regulation and transfer methodology in relation to staff matters and in particular, the impending provision of the transfer list by the TRC CEO to the Transfer Manager.


"That Council note the fortnightly update report from the De-Amalgamation Project Manager."

BACKGROUND

This report is designed to keep the Council informed in relation to the de-amalgamation process. This report will address five issues: 1. Splitting the Cash, Debt and Reserves Components of the Balance Sheet As previously reported to Council, the Transfer Committee have appointed WHK to undertake the independent consultancy to split the cash, debt and reserves components of the balance sheet. WHK have subsequently changed their name to Crowe Horwarth. Crowe Horwarth commenced work on site on Monday 29 July 2013. Crowe Horwarth are being jointly project managed by Jennifer McCarthy and Lachlan Peden. We are also ensuring that TRC’s internal auditors are involved in the process to ensure probity from the TRC perspective. The Transfer Manager is also ensuring that Orion Consulting (David Spearritt) is involved in the process to ensure probity from the MSC perspective.


The main focus to date has been on extracting relevant financial history and providing all of this information to Crowe Horwarth. They anticipate finalising their work by mid-September.

2. De-Amalgamation Costs The Transfer Committee met on 31 July 2013 as part of its usual process to review and approve de-amalgamation costs at the end of each month. The minutes of that meeting are contained on Council's website. At that meeting, the Transfer Committee approved a further $113,331.53 in de-amalgamation costs. The Transfer Committee also discussed how improvements could be made to the presentation of de-amalgamation cost to make them more “user-friendly” and transparent. The current format is focused on how TRC records its costs through its general ledger structure and is not particularly conducive to identifying how de-amalgamation costs relate to the original headings used by the Queensland Treasury Corporation. Accordingly, staff have developed a new format for reporting de-amalgamation costs. The new format is set out below. It reflects the QTC style of identifying de-amalgamation costs and records the progressive totals (in the right-hand column) for each heading. The transfer committee will be using this format in the future for adopting de-amalgamation costs and publishing information about those costs. There are some issues to note in relation to de-amalgamation costs:-

⇒ The process for obtaining reimbursement to TRC from the Queensland Treasury Corporation for costs incurred during the de-amalgamation process has been completed. The working capital facility has been finalised and QTC has drawn down approved de-amalgamation costs and paid those costs back to TRC.

⇒ The attached de-amalgamation statement includes one cost that has not been

physically paid yet but has been included for the sake of completeness. The State government has advised that the cost of undertaking the poll in March 2013 was $65,540. As that cost is known, it has been included in the attached statement for information. It is expected that the Department of Local Government will invoice TRC this month for that cost.

⇒ The Department has not yet invoiced the Council for any salary costs of the Transfer

Manager. It is expected that they will put in place a process for this sometime this month.

⇒ Up until 24 July, very few of the ICT capital costs have been actually incurred even

though work is underway and orders have been committed in relation to the Atherton data centre. Those costs will begin to appear once accounts are actually paid.

Is intended to use the format below for future recording and information purposes. This format will also be used on the Council's website to keep community informed about progress with de-amalgamation costs. This new format should be more informative to our community.


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3. Risk Assessment In any major change process, it is useful to pause and consider what critical risks might prevent good outcomes being achieved. In our de-amalgamation process, the project team has identified a number of key risks including:- A. Poor de-amalgamation process – This could result in an adversarial approach thus

negatively affecting future Council relationships. The key mitigation strategy relates to ensuring that the seven key principles of de-amalgamation are followed throughout the process. This includes ensuring that all decision-making by the Transfer Committee is transparent and fair to both future Councils. It is also important that all de-amalgamation decisions are properly documented for future reference. The key principle we are focused on is ensuring that there are two successful Councils.

B. Staffing and organisation structure risks – there are clearly a range of risks involved in

splitting the staff between the two new Councils. These risks include not having the required skills in each of the two future organisations and also the risk of losing key staff to external organisations due to the level of uncertainty. It is therefore important that staffing issues be resolved as quickly as possible and that a clear process is followed to populate the TRC structure. Under section 55 of the Regulation, it is the TRC CEO who determines the staff to transfer to the new MSC and this should be finalised before the end of August. There will need to be skills transfers between staff who will end up in each organisation to ensure that both Councils are able to provide services.

C. ICT Risks - even without a de-amalgamation, ICT projects contain an element of risk in terms

of timing, cost and delivery. The key risk here is whether or not the two Councils are able to deliver services, pay staff, issue rates etc from 1 January 2014. More details on the ICT progress are set out below in this report.

D. Separating contractual arrangements – TRC has a range of contracts in place which go

beyond 1 January 2014. Some of these have already been identified where it will be more convenient to have a single contract management arrangement after 1 January 2014 (e.g. existing NDRRA and RMPC contracts). Others will require formal advice to the contract provider of the need to split the service from 1 January 2014. There is a risk that not all contracts will be identified and managed through this process.

E. Legal issues - possibility of legal actions in relation to the process. This could arise from

employees/Unions challenging decisions made in relation staffing matters or in relation to existing contract arrangements with external suppliers.

F. Community expectations and communication - there is a risk that poor communication with

the community will result in a lack of information about the de-amalgamation and resulting in questions about the probity of the process. Further, there may be unrealistic expectations that there will be zero impact upon ongoing service levels in the short term while the de-amalgamation is being implemented and also in the longer term (especially for MSC) with a smaller Council being expected to deliver the same levels of service as the current larger TRC.

The De-Amalgamation Project Team reviews these and other identified risks on a regular basis to make sure that proper processes are in place to minimise potential risks to a successful de-amalgamation.


4. Transfer List

One of the key sections of the Local Government (De-Amalgamation Implementation) Regulation 2013 is section 55. That section provides as follows: –

“Section 55 - Allocation of positions

(1) The Chief Executive Officer of the continuing local government must decide the positions that are to be transferred from the continuing local government to the related new local government on the changeover day.

(2) The number of positions transferred must be within the approved range, unless

otherwise approved by the Minister. (3) In this section approved range means—

(a) for Cairns Regional Council—no less than 135 and no more than 165; or (b) for Rockhampton Regional Council—no less than 325 and no more than 400; or (c) for Sunshine Coast Regional Council—no less than 365 and no more than 450;

or (d) for Tablelands Regional Council—no less than 245 and no more than 300.”

Further, section 7 of the De-Amalgamation Transfer Methodology provides as follows:-

“7.2. Transfer of staff—continuing council

The CCEO, having regard for the ongoing operational requirements of the continuing council,

will determine which staff will be transferred to the new council.

Section 55(2) of the LGDIR restricts the number of positions that may be transferred to a pre-

determined range for each new council. The numbers of positions quoted for each range

should be taken to be the number of full-time equivalent positions to be transferred.

Once the CCEO has determined those staff that will transfer to the new council, the CCEO

must provide full details to the transfer manager in writing.

7.3. Transfer of staff—new council

Once the transfer manager has been formally advised by the CCEO of the details of the staff

that will be allocated to the new council, the transfer manager must determine the roles of

the transferring staff in the interim organisational structure where possible.

The transfer manager is to prepare a list of transferring staff that are unable to be

meaningfully placed in the interim organisational structure for consideration of the new

council.

It is recognised that in order to be operationally ready at changeover day, it may be

necessary for staff identified as transferring to the new council to commence duties under

the direction of the transfer manager prior to changeover day. Where this occurs, the costs of

these employees will be de-amalgamation costs pursuant to section 35(1)(c) of the LGDIR.”

With the TRC structure almost finalised, it is likely that the TRC CEO will provide the Transfer Manager with the transfer list in the next few weeks. That will be a major milestone in the de-amalgamation process. It is highly likely that not every single staff member will be happy with the outcome of the staff split. While the vast majority of staff will translate smoothly into their new roles, not all staff will “fit” into similar roles that they currently hold. This has been a difficult process for some staff and is one of the major adverse impacts of the de-amalgamation process. However, at


least all staff will have certainty about which Council they will be working in from 1 January 2014 and can begin to plan accordingly. 5. ICT The Transfer Manager has received a draft report from his ICT consultant. The draft report is being reviewed by the Transfer Manager who will undertake further liaison with his ICT consultant. That report is expected to be finalised very shortly. The ICT consultant (Mr Bill Simpson from Simpson Advisory Services) was requested by the Transfer Manager to provide detailed budget estimates of ICT costs for his recommendations. The Transfer Manager is mindful that ICT costs were the largest single cost item identified by Queensland Treasury Corporation as one off costs of the de-amalgamation process. Any savings in ICT costs that can be made through the de-amalgamation process will be beneficial to the ratepayers of the future Mareeba Shire Council. The De-amalgamation Project Manager will be discussing with the Transfer Manager whether or not the ICT report will be publicly available. DE-AMALGMATION ISSUES This report specifically addresses the de-amalgamation project. All relevant issues associated with the de-amalgamation are contained in the Background section above. LINK TO CORPORATE PLAN

A Well Managed Region

• Outcome - Accountable Leadership - A local government that delivers strong leadership by advocating the needs of the community and setting clear directions through transparent practices and open engagement.

Strategy - Transparent Practices - Ensure the administration of the region is governed through open and transparent decision making practices and coordinated management and reporting processes.

• Outcome - Quality Management - Quality service to all customers by ensuring that the region's assets and the organisation's workforce and knowledge are appropriately managed.

Strategy - Knowledge Management - Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

CONSULTATION



Nil

POLICY IMPLICATIONS

Nil



Capital Nil Operating Nil Is the expenditure noted above included in the 2013/2014 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Nil

ATTACHMENTS

1. Nil Date Prepared: 7 August 2013


CORPORATE AND COMMUNITY SERVICES

FINANCE

ITEM-11 FINANCIAL STATEMENTS FOR PERIOD ENDING 31 JULY 2013


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Jennifer McCarthy, Manager Finance DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2013 to 31 July 2013.


"That Council note the financial report for the period ending 31 July 2013 and that there was no emergency procurement transaction during this month".

BACKGROUND

Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets.

For the period ending 31 July 2013, Council shows an operational deficit of $6,977,951 compared to budgeted YTD deficit of $5,148,766. These results include the reversal of accrual adjustments processed for the June period however invoices and claims for the month of July have not yet been raised to offset the accrual adjustments

The operational deficit will be offset by the levying of rates in August 2013.

July 2013 - Snapshot Total Operating Income $ 41,070 Total Operating Expenditure $ 7,019,021 Operating Surplus/(Deficit) $ (6,977,951) Total Capital Income (grants, developer contributions) $ 230,590 Net Result - Deficit $ (6,747,361)


Capital Expenditure Total capital expenditure (excluding commitments) of $956,102 has been spent against the $5,528,853 budgeted for the period ending 31 July 2013. The graph below illustrates actual YTD expenditure and annual budget.

Capital Actual v Budget

-2 - 2 4 6 8 10 12

Govern & Exec

Corp & Comm Serv

Plant & Facilities

Constr & Maint

Parks

Devel & Planning

Waste

Water

Wastewater

Millions

Actual

Commitments

Remaining spend

Income Analysis Total income (including capital income) for the period ending 31 July 2013 is $271,660 compared to the YTD budget of $3,938,707. These results include the reversal of accrual adjustments processed for the June period however invoices and claims for the month of July have not yet been raised to offset the accrual adjustments. The graph below shows July 2013 income compared to the same period last year (actuals and budget).


Actual Income V Budget Income

-$1,000,000

-$500,000

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

Net

Rate

s &

Utilit

y

Charg

es

Opera

ting

Gra

nts

,

Subsid

ies

&

Contr

ibutions

Work

s f

or

Third P

art

ies

Capital

Incom

e

Jul-12

Jul-13

Budget 13/14

Variances to note are:

1. Income accruals processed for outstanding claims for June 2013 have been reversed in July and corresponding invoices have not yet been submitted. This affects Council Flood Damage. The financial assistance grant was partially prepaid in June 2013 and the next instalment is due in September.

2. Interest accruals processed for pro-rata term deposit interest have been processed in June

2013 and reversed in July 2013. Actual interest will not be recognised in 2013/14 until maturity.

3. Income accruals processed for outstanding claims for June 2013 have been reversed in July and corresponding invoices have not yet been submitted. This mostly affects MRD Flood Damage.

4. Capital income received for contributions and sale of plant.

Description

Actual YTD Budget YTD Note

Net Rates & Utility Charges 3,151 - Fees & Charges 406,445 455,810

Operating Grants, Subsidies & Contributions (287,778) 1,851,691

1

Interest Received (485,056) 261,254 2 Works for Third Parties (167,180) 801,776 3

Other Revenue 571,488 555,834

Capital Income 230,590 12,342 4


Expenditure Analysis Total expenses for the period ending 31 July 2013 are $7,019,021 which is lower than the YTD budget of $9,075,131. These results include the reversal of accrual adjustments processed for the June period. These adjustments transfer expenditure to the period appropriate to the goods/services being delivered/provided. Variances often result due to timing differences particularly across accounting periods and these are moderated, where possible, by the allocation of budgets month by month. The graph below shows July 2013 expenditure compared to the same period last year (actuals and budget). Major variance relates to 2010 Main Roads Flood damage income, reversal of accrued income from prior year. There has been no Main Roads Flood damage claims submitted in the 2013/14 year, the budget has been set for monthly income.

Variances to note are:

1. Depreciation charges have not been posted for the month of July as we are finalising the 2012/13 asset adjustments. These charges will be processed once audit has been finalised in September 2013.

2. Interest/Borrowing costs are based on quarterly debt service arrangements. Timing differences have arisen between the allocation of budgets and the actual apportionment of interest taking place.

Loan Borrowings

Council's loan balances as at 31 July 2013 is as follows: QTC Loans $8,248,269 DLGP Loan $ 305,250 Finance Lease $ 253,078

$8,806,597 Rates and Sundry Debtors Analysis

Rates and Charges The total rates and charges payable as at 31 July 2013 is $1,678,216.29 which represents 3.32% of the total rates levied over the past year. As compared with the same time last year, which was $1,486,719 (or 3.11%), the result is slightly less favourable. An auction is scheduled to take place on 29 August as part of the sale of land process. $257,635.87 has been collected in rates arrears since this process commenced late last year. This represents 20 properties which have paid in full their rates and charges as a result of Council's

Description

Actual YTD Budget YTD Note

Employee expenses 2,556,417 2,709,039 Materials & Services 4,454,776 5,182,929

Depreciation expenses - 1,131,261 1

Finance & Borrowing costs 7,828 51,902 2


proceedings. The total balance outstanding of the 17 properties currently listed for auction is $217,040.53. Sundry Debtors

The total outstanding for Sundry Debtors as at 31 July 2013 is $2,897,510.74 which is made up of the following:

$1,472,288 or 68.78% of outstanding debtors 30 days or greater relate to government departments. Council's debt collection agency, Collection House, has collected $188,475 for the month of July and $1,300,899 since the commencement of their contract in December 2012. Procurement

Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. There were no transactions classified as an 'Emergency' purchase during the month of July 2013.


Nil


CONSULTATION

Internal Financial Accountant Management Accountant External Nil

Knowledge Management Provide quality corporate knowledge management throughout the organisation to assist in the delivery of services and Council business.

Current 30 days 60 days 90 + days $756,986.10 $1,338,020.32 $67,789.18 $734,715.14

26.12% 46.17% 2.33% 25.36%



Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local government…if the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month.

POLICY IMPLICATIONS

Information has been provided to achieve compliance with Council's Procurement Policy.



Nil

If not you must recommend how the budget can be amended to accommodate the expenditure Nil


Nil

ATTACHMENTS

1. Financial Statements - July 2013 (DWS# 2822987) Date Prepared: 6 August 2013


TABLELANDS REGIONAL COUNCIL

Balance Sheet

For the period ended 31st July 2013

2013/14 2012/13 *

Current Assets

Cash and cash equivalents 65,571,325 67,326,439

Trade and other receivables 11,018,547 15,631,793

Inventories 5,493,567 5,441,435

Total Current Assets 82,083,439 88,399,667

Non-Current Assets

Receivables 21,000 21,000

Property, plant and equipment 704,919,307 704,919,307

Capital works in progress 24,110,758 24,110,758

Intangible assets 2,619,118 2,619,118

Total Non-Current Assets 731,670,183 731,670,183

Total Assets 813,753,622 820,069,850

Current Liabilities

Trade and other payables 7,628,376 13,509,912

Borrowings 253,502 253,502

Provisions 458,409 458,409

Total Current Liabilities 8,340,287 14,221,823

Non-Current LiabilitiesTrade and other payables 1,367,008 1,367,008

Borrowings 8,553,095 8,553,095

Provisions 13,118,849 13,118,849

Total Non-Current Liabilities 23,038,952 23,038,952

Total Liabilities 31,379,239 37,260,775

NET COMMUNITY ASSETS 782,374,383 782,809,075

Community Equity

Shire Capital 633,509,527 633,509,527

Asset revaluation reserve 66,982,148 66,982,148

Retained surplus/(deficiency) 20,890,316 21,325,008

Other reserves 60,992,392 60,992,392

TOTAL COMMUNITY EQUITY 782,374,383 782,809,075

* 2012/13 results are draft only and are subject to audit. Final results will be released in September 2013.


ATTACH AS A3


CUSTOMER & COMMUNITY SERVICES

ITEM-12 FINANCIAL AND IN KIND SUPPORT PROGRAM APPROVALS - 15 AUGUST 2013


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Amanda Riches, Manager Customer and Community Services DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Council received 13 applications totalling $18,777 for financial and in-kind support requiring consideration. These have been assessed in accordance with the Financial and In-Kind Support Program policy with the following outcome: • Seven applications with a value of $2,345 have been processed through staff delegation; • One application with a value of $500 is not recommended for approval; and • Five applications with value of $13,596 are recommended for approval with an adjustment of

$2,336.


"That Council: 1. Approve:

a. Fiks1393 Herberton Rocky Mountain Cash Donation $1,269 One off b. Fiks1397 Abundant Life Centre Remittance of Fees $1,370 one off c. Fiks1394 Tableland Competition Car Club Mixed Request $2,000 One off d. Fiks069 Far North Qld Country Music Fest. Mixed Request $2,000 One off e. Fiks1400 Bicycle Queensland In-Kind Assistance $6,957 One off

2. Not Approve:

a. Fiks1373 Mareeba Netball Association Cash Donation $500


BACKGROUND CASH DONATION $1,269 FIKS1393 HERBERTON ROCKY MOUNTAIN SPORT & REC ASSN $1,269 Cash Donation – One off

Herberton Rocky Mountain Sport & Recreation Association has applied to Council for a cash donation to cover their public liability insurance, quote for the insurance is $1,268.86 which covers the association until 1 May 2014. The association is proactive in improving youth activities in Herberton and plays an important development role for the town. History – Nil REMITTANCE OF FEES $1,370 FIKS1397 ABUNDANT LIFE CENTRE $1,370 Remittance of Fees – One off

The Abundant Life Centre is part of the Assembly of God, Mareeba. As well as running a charity shop in Dimbulah they offer food parcels and emergency assistance to the community during times of need. The Abundant Life Centre has applied to Council for a refund of Material Change of Use fees $1,370 paid on receipt 460706. The group plans to use the property at 137 Walsh Street as a Sunday school. The primary use will be for a Sunday school but the venue will also be available for meetings and as a training room. The Abundant Life Centre is constructing the new building with a unisex disabled toilet at an approx cost of $40,000.

History – Nil MIXED REQUEST $10,957 FIKS1394 TABLELAND COMPETITION CAR CLUB $2,000 Cash Donation – $1,884 One off Remittance of Fees - $116 One off

Tableland Competition Car Club has applied for a $2,000 donation towards their 45 year anniversary celebrations 19/20 October 2013. The donation will include a refund of hall hire fees $116 paid on receipt 455946 for the Herberton Shire Hall where they are holding their reunion dinner in October and Club Presentation night in November 2013. At this time it has not been decided if there will be a fee to attend the dinner but, should there be, it will not be above $10 for adults with children free as per their annual presentation night. There will also be a grand opening of their new club house. The new club house is a result of the Club being successful with a sport and recreation grant. Expected expenses of the anniversary event will be approximately $4,000 with the Club covering all costs above the donation from Council. Costs will include catering, a plaque for the new clubhouse, printing of official programs and advertising. Club volunteers will co-ordinate the reunion weekend.

History – Nil


FIKS69 FAR NORTH QUEENSLAND COUNTRY MUSIC FESTIVAL $2,000 Requested $4,336

Cash Donation - $664 One off In-Kind Assistance - $1,336 one off

The Far North Queensland Country Music Festival is being held at Kerribee Park Mareeba 11-13 October 2013. The event offers the opportunity for local and young talent in the region to experience entertaining before a public crowd. The Club provides planning and promotion of the event as well as providing volunteers to stage the event. The event is expected to total $23,500. The club has applied to Council for cash donation and in-kind assistance with putting up and taking down their advertising banners and promotional guitar in the main street of Mareeba. • Cash Donation – $663 Original request of $3,000 cash has been adjusted to $664 to bring the application in line with the Policy cap of $2,000 • In-Kind Assistance $1,336 • Put up & take down 2 advertising banners $450 • Put up & take down promotional guitar $886

History – Nil FIKS1400 BICYCLE QUEENSLAND $6,957 In-Kind Assistance – $6,555 Remittance of Hall hire Fees - $402 One off

Bicycle Queensland is hosting its annual Cycle Queensland tour 8-15 September 2013. This event is a fully catered eight-day holiday on wheels, with a tent city comprising first aid, mechanics, masseurs, licensed café, toilets and hot showers. This year the tour is travelling from Mission Beach to Port Douglas with 5 of the 8 days, including the rest day, travelling through the Tablelands region. This tour is not a race and participants are encouraged to stop along the way to sample local produce, visit local attractions and experience tours. Council officers and local community groups have been working with Bicycle Queensland to ensure that the event locations and facilities are suitable and to ensure that visitors have a memorable experience. Up to 1,000 riders are expected to participate in this event and the local community will receive significant direct benefits as a result. However, more significant is the opportunity to show case the region to a key market for the Tourism sector. This application exceeds the $2,000 cap defined in Council’s Financial and In-kind Support Program Policy; however, due to the significance of the event it is recommended that Council approve this. • Remittance of Temporary Food Licence $104 • Remittance of Hall Hire fees $402

o Barney Daley hall Millaa Millaa $134

o Yungaburra Community hall $268

• Hire of 20 rubbish bins at 3 sites - $360 per site = $1,080 • Delivery, Collection and waste disposal - $68 per site = $204 • Hire of skip bins and disposal $2,660


• Power usage for 3 sites capped at $200 • Septic dump fees for 3 sites capped at $500 • Stand pipe $45 (3 sites) • Water usage for 3 sites capped at $200 • Cleaning $1,562

o Millaa Millaa $614 o Yungaburra $448

o Mareeba $500

History – Nil NOT APPROVE $500

As per Policy 6.8 - to be eligible for achievement assistance teams must qualify through a competitive selection process. As this is a self-nominated event it is recommended that Council not approve this application. FIKS1373 MAREEBA NETBALL ASSOCIATION $500 Youth Achievement – One off

Mareeba Netball Association has a team competing at the Queensland Netball Carnival in Townsville 27/28 July 2013. The team has applied to Council for team assistance of $500. As a member of the Queensland Netball association Mareeba is eligible to compete at this carnival, however, it has self-nominated as there is no qualification process. History – Nil

STAFF APPROVED $2,345 The following three applicants will be participating in the State Honours Ensemble Program Middle School at St Mary’s Catholic College in Cairns 2-/4 August 2013. The program is run by the Queensland Conservatorium, Griffith University. This is an intensive 3 days music workshop to extend and develop musical skills. FIKS1355 KAILEY STROUD – 11 years – Saxophone Alto $100 Youth Achievement – One off FIKS1356 CAITLIN FERGUSON – 12 years - Flute $100 Youth Achievement – one off FIKS1357 DANIEL DILGER – 12 years - Clarinet $100 Youth Achievement – One off FIKS1388 SOUTHERN CROSS ASSOCIATION (FTC) INC $733 In-Kind Assistance – One off

The Southern Cross Association is a motorbike association that raises money for children’s charities. Once again they are holding their YNot Rally at Archers Creek 4-7 October 2013. The association has applied to Council for in-kind assistance of 20 rubbish bins for the event plus having the Archer Creek grounds mowed. The rally is held each year to raise awareness and funds for Spina Bifida and Hydrocephalus. 20 Rubbish Bins – delivered, collected and waste disposed by Council $732.60 Mowing of Grounds – No Charge – This is routine maintenance


Unlock gates to lower camping round – No Charge Council has supported this rally since 2007.

History – Nil FIKS1392 IRVINEBANK SCHOOL OF ARTS & PROGRESS ASSN INC $880 In-Kind Assistance – one off

The Irvinebank School of Arts & Progress Association has applied for assistance with the 2013 John Moffat Festival being held weekend 3/4 August. This festival is a major event for the township of Irvinebank. They have requested 25 bollards, 10 tables, 80 chairs, 4 rubbish bins and 2 rolls of barrier mesh. Also requested is a carton of toilet tissue $39.40 Apart for the toilet tissue the items are available at no cost however delivery and collection of the items is $840. Applicant is unable to collect/return the items.

History – Nil FIKS1394 EMILY AND GEORGIA STARK $57 Remittance of Fees – One off

Emily (16) and Georgia (13) Stark are again holding a fundraising garage sale at the Merriland Hall, Atherton. All funds raised will be donated to MongoliAid International. Previously the girls have raised money that has gone towards installing water wells in remote areas of Mongolia. In 2011 they visited Mongolia to see the wells installed and helped distribute charity blankets. They have applied for a remittance of fees for the Merriland Hall for their next garage sale on 16/17 August 2013.

History – Nil

FIKS1396 OUR LADY OF THE CHAIN COMMITTEE $375 In-Kind Assistance – One off

The Feast of the Lady of the Chain is being held at St Thomas of Villanova Catholic Church and School grounds. Local residents and businesses donate either money or goods to the event. Committee members donate their time to the setting up and running of the Feast. The Committee has applied for assistance from Council to put up and take down their advertising banner for the event Sunday 8 September 2013. The Committee has also requested 10 rubbish bins for the event which the collect and return emptied to Council. Only cost will be cleaning $150.

History – Nil THANK YOU LETTERS RECEIVED Ravenshoe Meals on Wheels

• Thank you to council for refund of Food Licence Fees.


SUMMARY OF APPLICATIONS


A Vibrant and Healthy Community: A community that proudly supports a sense of place and identity within the region and contributes towards an enjoyable, active, healthy and safe living environment. A community that supports equity and inclusiveness enabling all people to participate in regional events, cultural activities and celebrations. CONSULTATION

Internal Matthew Hyde, General Manager Corporate & Community Services Amanda Riches, Manager Customers & Community Services Group. Shane Bisseker, Parks & Gardens Tony Alston, Coordinator Stores Aleisha Myles, Waste & Water Waste LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS)

Nil POLICY IMPLICATIONS

In accordance with the Financial and In-Kind Support Program Policy and Guidelines FINANCIAL & RESOURCE IMPLICATIONS

Capital Nil

Type of Assistance Amount ($s)

Approve 13,596

Staff Approve 2,345

Sub Total 15,941

Adjustment 2,336

Not approve 500

Total Applications 18,777

2012/2013 Financial & In-Kind Support Budget 350,000

Funds Committed as Ongoing Applications 169,720

Funds Approved to date 2012/2013 One off (including staff approvals) 23,159

Balance Available for Distribution 2013/2014 157,121

Recommended Approvals this round 13,596

Funds Available for Allocation if Recommendations are Approved 143,525


Operating As per the Financial and In-Kind Support Program budget Is the expenditure noted above included in the 2012/2013 budget? Yes

If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION

Nil Date Prepared: 31 July 2013


ITEM-13 PROPOSAL TO ENTER INTO A COMMERCIAL LEASE WITH ATHERTON CHILDREN'S CENTRE- CONFIDENTIAL


This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(e) contracts proposed to be made by Council.


PLANT & FACILITIES

ITEM-14 RIVERSIDE CARAVAN PARK MAREEBA - CONFIDENTIAL


This report is CONFIDENTIAL in accordance with Section 275(1)(e) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following:

(e) contracts proposed to be made by Council.


CORPORATE

ITEM-15 PROPOSED MOTIONS FOR LGAQ 2013 ANNUAL CONFERENCE


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Kate Eden, Senior Advisor Corporate Services DEPARTMENT: Corporate and Community Services

EXECUTIVE SUMMARY

Motions for consideration at the Local Government Association of Queensland's annual conference must be approved by Council prior to submission. This report serves to provide some recommendations based on recent issues raised by Council.


"That Council: 1. Approve the following motions for consideration at the Local Government Association of

Queensland's 2013 conference:

a. That the LGAQ request the State Government to collect the Emergency Management, Fire and Rescue Levy by means other than through local governments;

b. That the LGAQ lobby State and Commonwealth Governments to provide financial assistance to ensure that places of refuge for severe cyclonic events can be hardened to meet safety standards where the local government is close to, but not directly on, the coast;

c. That the LGAQ lobby to ensure state wide provisions to assist local governments with the assessment of development applications for wind farms;

d. That the LGAQ lobby the State Government to have flying foxes residing on State Controlled land that are causing issues to local communities managed by the relevant state government department;

e. That LGAQ lobby the State Government to provide further funding for the control of feral animals having a detrimental effect on our agricultural and environmentally significant land;

f. That LGAQ lobby the State and Federal Government to declare and provide relevant funding for Giant Rats Tail Grass to be a Weed of National Significance; and

g. That the LGAQ lobby the State and Federal Government to provide further funding for capital infrastructure for aged and pensioner housing to help assist those in need in local communities..

2. Require the Chief Executive Officer to submit the approved motions for consideration to the

LGAQ in the specified format prior to 30 August 2013."


BACKGROUND

The Local Government Association of Queensland is the state's peak body for local governments, providing considerable lobbying capacity. The Local Government Association Queensland's annual conference is to be held on 21-24 October 2013. The conference agenda will consider motions proposed by councils provided they are submitted no later than 30 August 2013, are in the required format and have been approved by council for submission. Preparing TRC's formal proposed motions may require considerable effort by staff, as the template requires background, impact and outcome information (template at Attachment A). The proposed motions that have been recommended have been selected because the issues may be of concern for many other Queensland local governments. Issues that the LGAQ is already aware of and support are noted below but are not recommended as formal proposals. For example, other issues raised recently by Council but not included as proposed motions in this report are: a. Roll out of the National Broadband Network in rural areas, particularly those with poor

communications services availability. b. Support for local governments to maintain local roads that experience unusually heavy traffic

due to use by Bdoubles as part of major haulage routes. c. Support for local governments in delivering a community development approach to disaster

management to enhance community resilience and to implement the National Strategy for Disaster Resilience.


NIL


A well managed region

CONSULTATION

Internal Councillors Executive staff Managers External LGAQ


NIL

POLICY IMPLICATIONS

NIL




NIL



Approved motions for consideration to be submitted to the LGAQ using the specified template.

ATTACHMENTS

1. LGAQ annual conference 2013 proposed motions template DW (vs) 3384813. Date Prepared: 06 August 2013


LGAQ ANNUAL CONFERENCE MOTION TEMPLATE

Submitting Council / Organisation (required)

LGAQ Policy Executive District (required)

Date of Council Resolution (required)*

Title of Motion (required)

Motion (required)

Background (required)

What are the impacts (positive or negative) on Local Government? (required)

What is the desired outcome sought? (required)

LGAQ Comment

Date of Council resolution approving the motion be submitted to the Annual Conference


INFRASTRUCTURE AND MAINTENANCE SERVICES

CONSTRUCTION & MAINTENANCE

ITEM-16 TENDER EVALUATION TENDER T-TRC2013-24 NDRRA 2011 - GRAVEL ROADS PACKAGE #1 - MAREEBA / DIMBULAH / KURANDA


MEETING: Ordinary Meeting

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Trevor Adil, General Manager Infrastructure and Maintenance

Services DEPARTMENT: Infrastructure and Maintenance Services

EXECUTIVE SUMMARY

Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2011 NDRRA declared event. Tender T-TRC2013-24 is for the restoration of a package of gravel roads in the Mareeba / Dimbulah / Kuranda area to be restored under the 2011 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.


"That Council resolves to award Tender T-TRC2013-24 NDRRA 2011 - Gravel Roads (Package #1) - Mareeba / Dimbulah / Kuranda area to Gregg Construction Pty Ltd for the sum of $357,751.01 (Inclusive of GST)."

BACKGROUND

Tender T-TRC2013-24 is for the restoration of gravel roads (Package #1) in the Mareeba / Dimbulah / Kuranda area that are to be restored under the 2011 NDRRA Programme. The tender is for the gravel resheeting and/or formation grading of the included roads on a schedule of rates contract basis. The roads involved are:

- Two Mile Creek road - Grigg Road - Ivcevic Road


- Shanty Creek Road - Weir Road - Kondaparinga Road

Tenders have been received from the following contractors:

• Gregg Construction $357,751.01 • Watto's Earthmoving & Machinery Hire $381,485.50 • Paluma Trading Company $403,890.96 • LDI $449,854.90 • RHA $449,975.05 • Kuranda Earthmoving $529,967.68 • Robinson Civil Group $545,898.39 • RMS $612,867.95 • Koppen Development $1,144,782.07 • FNQ Pipelines $1,165,626.00

All prices are inclusive of GST. A late tender was received form Earthtec Pty Ltd which has been deemed to be non-conforming. The Earthtec offer provides no economic advantage to warrant further consideration. The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price 40% Work Methodology and Approach 15% Relevant Experience 15% Local Content 10% Personnel and Resources 20% Ranking Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum score of five (5)): Gregg Construction 3.86 Robinson Civil Group 3.75 Watto's Earthmoving & Machinery Hire 3.74 LDI 3.58 RHA 3.51 Paluma Trading Company 3.47 RMS 3.37 Kuranda Earthmoving 3.12 Koppen Development 2.87 FNQ Pipelines 2.645 Gregg Construction has successfully completed similar works under the NDRRA Programmes and is currently undertaking works on Mona Mona Road under the 2011 NDRRA Programme. Approved funding from the Queensland Reconstruction Authority to the roads in this package is $967,375.65.



The required works will be completed prior to 31 December 2013 and as a consequence there are no de-amalgamation issues.


CONSULTATION

Internal Council officers. External Nil.


Nil.

POLICY IMPLICATIONS

Nil.


Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget?

Included in the 2011 NDRRA programme.

If not you must recommend how the budget can be amended to accommodate the expenditure Nil.

Infrastructure Design Ensure timely and co-ordinated provision of key infrastructure networks such as roads, drainage, water supply and sewerage through appropriate planning and design practices.

Infrastructure Implementation

Ensure the region’s infrastructure networks are designed, constructed and renewed to maximise their long term benefit to industry and the community.

Infrastructure Maintenance

Ensure the region’s infrastructure networks are continuously reviewed and maintained to a standard that will maximise their long term benefit to the community.



Affected residents will be advised of the planned works programme prior to commencement.

ATTACHMENTS

Nil. Date Prepared: 7 August 2013


ITEM-17 TENDER EVALUATION TENDER T-TRC2013-25 SUPPLY AND DELIVERY OF GRAVEL - MAREEBA / DIMBULAH / KURANDA AREA - NDRRA 2011 PROGRAMME




Services DEPARTMENT: General Manager Infrastructure and Maintenance Services

EXECUTIVE SUMMARY

Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2011 NDRRA declared event. Tender T-TRC2013-25 is for the supply and delivery of gravel to a number of roads in the Mareeba / Dimbulah / Kuranda area to be restored under the 2011 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.


"That Council resolves to award Tender T-TRC2013-25 Supply and Delivery of Gravel - Mareeba / Dimbulah / Kuranda Area to Wallace Quarrying and Mining Pty Ltd at the following unit rates (GST Exclusive):

- 1063.2 tonnes (more or less) Type 2.4 Two Mile Creek Road $14.18 per tonne - 540 tonnes (more or less) Type 2.4 Grigg Road $15.91 per tonne - 720 tonne (more or less) Type 2.4 Ivecvic Road $13.64 per tonne - 5088 tonnes (more or less) Type 2.4 Shanty Creek Road $13.64 per tonne - 1584 tonnes (more or less) Type 2.4 Weir Road $30.91 per tonne

Amounting to a total value of $167,035.15 (Inclusive of GST)."

BACKGROUND

Tender T-TRC2013-25 is for the supply and delivery of gravel in the Mareeba / Dimbulah / Kuranda area for roads that are to be restored under the 2011 NDRRA Programme. The tender is for the supply of pavement materials delivered to site on a schedule of rates contract basis. The roads involved are:

- Two Mile Creek Road - Grigg Road - Ivcevic Road


- Shanty Creek Road - Weir Road

Tenders were received from the following firms:

• Tableland Earthmoving and Raw Materials Pty Ltd • Wallace Quarrying and Mining Pty Ltd

A summary of the tenders received is as set out in the attachment. The Wallace Quarrying and Mining Pty Ltd tender is the most advantageous supply arrangement for Council. Wallace Quarrying and Mining Pty Ltd has supplied gravel for other NDRRA projects under the 2010 and 2011 Programmes. The pavement materials supplied have conformed to the requirements of the specifications and the firm has demonstrated capacity to supply the quantities of materials required to programme.




CONSULTATION

Internal Council officers. External Nil.


Nil.

POLICY IMPLICATIONS

Nil.








Capital Nil. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget?

Included in the 2011 NDRRA Programme.




ATTACHMENTS

1. Tender Comparison T-TRC2013-25 Date Prepared: 6 August 2013


ITEM-18 WOLFRAM ROAD, DIMBULAH - PROPOSED ROAD REALIGNMENT


MEETING: Ordinary



EXECUTIVE SUMMARY

Council served notice of its intention to resume an area of 3050 m2 from Lot 13 HG72 to the owner of the land on 24 April 2013. Solicitors acting for the land owner submitted grounds for objection to the resumption and requested they be given the opportunity to formally respond to Council’s Notice of Intention to Resume. An Objection Hearing of the matter was held on 14 June 2013. This report is presented for Council’s consideration and to confirm its intention to proceed with the acquisition of the land necessary to address the discontinuity in the subject road reserve.


"That Council resolves to receive and note the attached report and further resolves to make a formal application to the Minister administering the Acquisition of Land Act 1967 for taking of the acquisition area for road purposes."

BACKGROUND

The history of this matter is well documented in the attached reports and previous resolutions of Council. The matter has been progressed with Council having served notice of its intention to resume the subject land. An Objection Hearing has been held and the transcript of the hearing is attached for the information of Council. The basis for the objection to the resumption is founded on the beliefs of the owner of the subject land, that the road reserve that presently dissects Lot 13 HG72 is not required now or into the future as access to individual land titles that may be advantaged by this potential route exists by alternate means (refer to the submission made by the land owner's solicitor). Council officers are of the view that the integrity of the road reserve must be preserved and that the discontinuity that presently exists should be addressed by resuming the subject land. This view is consistent with all previous considerations of the matter. A copy of this report has been provided to the solicitors acting for the land owner for information and to afford an opportunity for further input.



Nil.


CONSULTATION

Internal Nil. External Apels Solicitors Preston Law


The Acquisition of Land Act 1967 is the legislation applicable should Council resolve to proceed to compulsorily acquire the necessary land.

POLICY IMPLICATIONS

Nil.


Capital The owner of Lot 13 HG72 will be entitled to compensation for the diminution in value of its property. Operating Nil. Is the expenditure noted above included in the 2013/2014 budget? No, the compensation sum is yet to be determined.

If not you must recommend how the budget can be amended to accommodate the expenditure The funds required will be allocated at the next budget review.

Asset Management Ensure a structured management approach is applied to the region’s assets through a proper regime of investment, maintenance, renewal and disposal.



Nil

ATTACHMENTS

1. Letter of Objection from the Solicitor for Julatten Developments Pty Ltd (DWs # 2763220) 2. Transcript of Objection Hearing held 14 June 2013 (DWs # 2778993) 3. Addendum to the Report (DWs # 2821129) Date Prepared: 23 July 2013


Addendum to Officer's Report

Subject: Wolfram Road, Dimbulah - Proposed Road Realignment Author: Trevor Adil, General Manager Infrastructure and Maintenance Services

BACKGROUND As part of the process to acquire the land necessary to correct the discontinuity in the road reserve from Lot 13 HG72, a copy of the report was provided to solicitors acting for Julatten Development Pty Ltd for review and to afford an opportunity for further submissions to be received. Council is in receipt of a further submission from Apel Solicitors on behalf of Julatten Developments Pty Ltd (attached). The central premise of Apels Solicitors' submission is that the road reserve is not required at the present time as Council does not have plans to construct a road within the road reserve and by inference the discontinuity does not need to be addressed. Council has previously advised the Department of Natural Resources and Mines of its objection to an application for Permanent Road Closure over the subject road reserve lodged by Julatten Developments Pty Ltd on 18 February 2010 and has maintained a consistent position on the need to address the discontinuity based on its desire to ensure the integrity of the road reserve is preserved for future needs. The statement in Apels Solicitors’ submission that there are alternate means of access to all of the titles in the vicinity of the road reserve belies the fact that until recently the subject road reserve was utilised on a daily basis by Mr and Mrs Trevisin to access Lot 14 HG72. Some 130metres of their access track is located within the subject road reserve and the land required to address the discontinuity contains 118metres approximate length of access track to access a 165metre long unnamed stub road to Wolfram Road. Thus the missing link is 118metres length out of a total access track length of 413metres. Council’s position in relation to this matter has consistently been that addressing the discontinuity in the road reserve to preserve the integrity of the road reserve network is its primary motive and it may be that at a future date, part or all of the road reserve will be formed into a road for the benefit of property owners in the area. CONCLUSION Council’s position on the matter has consistently been that the discontinuity in the road reserve through Lot 13 HG72 needs to be addressed by acquisition of land amounting to approximately 3050m2 from Lot 13 HG72 and the dedication of this land to road purposes. The assertions by Apels Solicitors in their further submission that there is no need for the road reserve are refuted on the basis that the owners of Lot 14 HG72 used parts of the road reserve on a regular basis up to the date the discontinuity was identified. The further submission does not cause any alteration to the recommendation of the report proper.


ITEM-19 APPLICATION FOR MINING LEASES ML20535, ML20536, ML20537, ML20538, ML20566, ML20567 AND ML20576 - NORTH QUEENSLAND TUNGSTEN PTY LTD


MEETING: Ordinary



EXECUTIVE SUMMARY

The Department of Natural Resources and Mines (DNRM) have issued Certificates of Application and Public Notices for seven (7) mining leases (MLs) in favour of North Queensland Tungsten Pty Ltd. The tenements adjoin each other and are situated approximately 30 kilometres NW of Mt Carbine. The department requests Council advise its views on the applications.


"That Council advise the Department of Natural Resources and Mines that it offers no objection to the granting of mining leases described as ML20535, ML20536, ML20537, ML20538, ML20566, ML20567 and ML20576 to North Queensland Tungsten Pty Ltd."

BACKGROUND

Vital Metals Ltd on behalf of North Queensland Tungsten Pty Ltd, has lodged applications for seven (7) mining leases in the vicinity of Desailly Creek, NW of Mt Carbine, with access from the Mulligan Highway via a private access road. Following is a summary of each application: ML20535 Name of Lease: Watershed A Location: Approximately 32km NW of Mt Carbine. Total area of lease: 332.62ha. Term sought: 20 years. Minerals/Purpose: Access Road, Environmental Dam, Molybdenum Ore, Mine Waste/Spoil Dumps, Processing Plant, Stock Pile Ore/Overburden, Tailings/Settling Dam, Tungsten/Wolfram/Scheelite. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah.


ML20536 Name of Lease: Watershed B Location: Approximately 33km NW of Mt Carbine. Total area of lease: 590.16ha. Term sought: 20 years. Minerals/Purpose: Environmental Dam, Living Quarters/Camp, Molybdenum Ore, Stock Pile Ore/Overburden, Tailings/Settling Dam, Treatment Plant/Mill Site, Tungsten/Wolfram/Scheelite, Workshop/Machinery/Storage, Water Supply. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah. ML20537 Name of Lease: Watershed C Location: Approximately 31km NW of Mt Carbine. Total area of lease: 308.07ha. Term sought: 20 years. Minerals/Purpose: Living Quarters/Camp, Molybdenum Ore, Mine Waste/Spoil Dumps, Stock Pile Ore/Overburden, Tailings/Settling Dam, Treatment Plant/Mill Site, Tungsten/Wolfram/Scheelite, Workshop/Machinery/Storage, Water Supply. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah. ML20538 Name of Lease: Watershed D Location: Approximately 35km NW of Mt Carbine. Total area of lease: 83.67ha. Term sought: 20 years. Minerals/Purpose: Living Quarters/Camp, Molybdenum Ore, Tungsten/ Wolfram/Scheelite. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah. ML20567 Name of Lease: Watershed E Location: Approximately 25km WNW of Mt Carbine. Total area of lease: 404.27ha. Term sought: 20 years. Minerals/Purpose: Access Road, Power Lines/Aerials, Transport/Vehicular Haul Road, Water Supply. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah. ML20566 Name of Lease: Watershed F Location: Approximately 31km NW of Mt Carbine. Total area of lease: 48.33ha. Term sought: 20 years. Minerals/Purpose: Molybdenum Ore, Mine Waste/Spoil Dumps, Tailings/Settling Dam, Tungsten/Wolfram/Scheelite. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah. ML20576 Name of Lease: Watershed G Location: Approximately 33km WNW of Mt Carbine. Total area of lease: 136.86ha. Term sought: 20 years. Minerals/Purpose: Molybdenum Ore, Tailings/Settling Dam, Tungsten/Wolfram/Scheelite, Water Supply. Real Property Description of land over which tenure is sought: Lot 113 SP161900 (Maitland Downs Pastoral Holding), Parish Tullah. Lot 191 DA805299 (Curraghmore Station), Parish Talgijah.


Assessment of the tenement applications has not identified any Council infrastructure which may come into conflict with the proposed lease areas. The applicant advises that the planned haulage route for processed material is along a company operated access road onto the Mulligan Highway and thereon to Brisbane via state-controlled road assets. The final concentrate will be in small tonnages and of the order of 300 tonnes per month. Depending on the findings of the Watershed Project definitive feasibility study, which is due for completion prior to the end of 2013, it is intended to commence site works in the first half of 2014 with production to commence approximately twelve (12) months later. Of the seven lease applications submitted by the applicant, it is believed that at least two (ML20538 and ML20576) are potentially located entirely within the Cook Shire Council local government area. A further four leases (ML20535, ML20536, ML20566 and ML20567) are located within both Cook Shire and Tablelands Regional Council local government areas. One lease (ML20537) is located entirely within the Tablelands Regional Council local government area. There is a total of 657 pages of DNRM statutory documentation for the seven mining lease applications. This documentation is required by DNRM to be submitted by applicants as part of the application notification process. It has negligible bearing on Council's consideration of the tenement applications. On this basis the majority of this documentation has not been attached to this report.


No de-amalgamation issues identified.


CONSULTATION



Nil identified.

POLICY IMPLICATIONS

Nil identified.

Economic Investment Encourage new opportunities and projects that have the capacity to expand and diversify the regional economy and facilitate new business attraction and investment.




N/A

If not you must recommend how the budget can be amended to accommodate the expenditure N/A


Following the publication of Council's meeting minutes, advise the Department of Natural Resources and Mines of Council's resolution.

ATTACHMENTS

1. Mining Lease Reports (Public) for ML’s 20535, 20536, 20537, 20538, 20566, 20567 and 20576 (DWs # 2816288)

2. Locality Maps (DWs # 2814321 and 2816429) Date Prepared: 31 July 2013


ITEM-20 LONG & WARD TRANSPORT - APPLICATION FOR B-DOUBLE ROUTE EXTENSION - TOPAZ ROAD, VIA MALANDA-LAKE BARRINE ROAD, MALANDA


MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Nathan McKenna, Civil Works Investigations Officer DEPARTMENT: Infrastructure and Maintenance Services

EXECUTIVE SUMMARY

The Department of Transport and Main Roads (DTMR) seeks Council's views in relation to an application to extend the current 25metre approved B-Double route to include 442 Topaz Road via Malanda - Lake Barrine Road, Malanda.


"That Council resolves to advise the Department of Transport and Main Roads that it does not object to the proposed 25metre B-Double route extension to include 442 Topaz Road via Malanda - Lake Barrine Road, Malanda."

BACKGROUND

Transport operators seeking to utilise B-Double vehicles on roads not approved as B-Double routes are required to apply to DTMR nominating the route they wish to use. As a consequence of receiving an application, DTMR seeks the views of Council and other agencies prior to making a determination on whether to approve such an application. The existing approved B-Double route in Malanda provides western and southern access to the Malanda milk factory at the intersection of James and Patrick Street via Malanda - Atherton Road and Malanda - Millaa Millaa Road. The proposed route extension would provide B-Double entry from east of the Malanda Township. The proposed extension will include approximately 5.7kilometres of Malanda - Lake Barrine Road to the east of James Street and the existing approved B-Double route and approximately 4.42 kilometres of Topaz Road. Both roads are state controlled roads. In the application to DTMR the applicant has advised that the purpose for the extension is to tow un-laden dollies and trailers to 442 Topaz Road for maintenance and storage. This report recommends Council offer no objection to the proposed route extension.


Nil



CONSULTATION

Internal Nil

External Nil


Nil

POLICY IMPLICATIONS

Nil


Capital Nil

Operating Nil

Is the expenditure noted above included in the 2013/2014 budget?

Nil

If not you must recommend how the budget can be amended to accommodate the expenditure N/A


Following publication of Council's minutes, advise the Department of Transport and Main Roads of Council’s decision.

ATTACHMENTS

1. Correspondence from the Department of Transport and Main Roads (DWs # 2812055) 2. Proposed route map 3. Existing approved B Double route - Malanda locality Date Prepared: 5 August 2013

Traffic Management Plan for, provide and maintain a safe and trafficable road network for the movement of people, goods and services safely, efficiently and conveniently.


ITEM-21 TENDER EVALUATION TENDER T-TRC2013-27 NDRRA 2011 PROGRAMME - GRAVEL ROADS PACKAGE #2 - ATHERTON / TOLGA AREA





EXECUTIVE SUMMARY

Council has received grant funding approval from the Queensland Reconstruction Authority to undertake restoration works to essential public assets in the Council area as a consequence of the 2011 NDRRA declared event. Tender T-TRC2013-27 is for the restoration of a package of gravel roads in the Atherton / Tolga area to be restored under the 2011 NDRRA Programme. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer.


"That Council resolves to award Tender T-TRC2013-27 NDRRA 2011 Programme - Gravel Roads Package #2 - Atherton / Tolga Area to Watto’s Earthmoving & Machinery Hire Pty Ltd for an amount of $280,434.88 (Inclusive of GST)."

BACKGROUND

Tender T-TRC2013-37 is for the restoration of gravel roads (Package #2) in the Atherton / Tolga area that are to be restored under the 2011 NDRRA Programme. The tender is for the gravel resheeting and/or formation grading of the included roads on a schedule of rates contract basis. The roads involved are:

- Rock Road - Wongabel Road - Sorrensen Road - Madigan Road - Danbulla Road - Anderson Road - Old Cairns Track

Tenders were received from the following contractors:

- Watto’s Earthmoving & Machinery Hire $280,434.88


- Paluma Trading $340,237.92 - Gregg Construction $371,875.03 - Robinson Civil Group $443,970.51 - RHA $453,580.27 - RMS $539,171.47

All prices listed above are inclusive of GST. An alternative tender was received from Gregg Construction which has been considered with respect to Sorrensen Road, however the offer provides no economic advantage and is not considered further. The tender documents advised tenderers that all tenders would be assessed on the following criteria and weightings: Tender Price 40% Work Methodology and Approach 15% Relevant Experience 15% Local Content 10% Personnel and Resources 20% Price is a calculated formula dependent on the actual tender received against the median of all prices received. Scores for the other criteria are subject to knowledge of the tenderers performance on previous projects. All tenders have been assessed on the above basis, with the scoring resulting in the following (out of a maximum possible five (5) points): Watto’s Earthmoving & Machinery Hire 3.78 Robinson Civil Group 3.76 Gregg Construction 3.74 RHA 3.43 Paluma Trading 3.39 RMS 3.35 Watto’s Earthmoving & Machinery Hire has successfully completed similar works under the NDRRA Programmes and is currently undertaking works on the 2011 NDRRA Programme Western Roads Contract. Approved funding from the Queensland Reconstruction Authority to the roads in this package is $672,907.08 which includes the required gravel supply. The project will be delivered within the budget allocated.





CONSULTATION

Internal Council officers.

External Nil.


Nil.

POLICY IMPLICATIONS

Nil.


Capital Nil.

Operating Nil.

Is the expenditure noted above included in the 2013/2014 budget?

Included in the 2011 NDRRA Programme.




ATTACHMENTS

Nil.

Date Prepared: 8 August 2013







APPENDIX - NOTED CORRESPONDENCE ITEM-22 NOTED CORRESPONDENCE - 15 AUGUST 2013 DOCUMENT INFORMATION

MEETING: Ordinary

MEETING DATE: 15 August 2013 REPORT AUTHOR/ OFFICER’S TITLE: Ian Church, Chief Executive Officer DEPARTMENT: Office of the Chief Executive Officer


Resolved "That the following correspondence be noted: 1. Advising Department of Justice and Attorney-General of dates for special Holidays in 2014

for Show Holiday. 2. The Hon Jarrod Bleijie MP Attorney-General and Minister for Justice advise if council wish to

request a special Holiday for 2014 must be submitted by 30/08/2013. 3. Kuranda Infrastructure Advisory Committee - 17 July 2013. 4. Office of Minister for Energy and Water Supply submits proposal to restructure Ergon Energy

depots - Report is available on website - Please contact Minister if you have concerns. 5. Satellite Television and Radio Australia submits information advising from November 30th

many radio and television services will no longer be available via the Aurora satellite platform.

6. Hon Ian Walker MP advises Mayor that TRC will receive an allocation of $43,333.00 from

RADF for 2013-2014 financial year. 7. Hon Andrew Powell MP encourages Mayor to join conversation on the Queensland Plan until

30/08/2013 by completing online survey on website. 8. Hon Jeff Seeney responds to TRC letter regarding clarification of the states interest and

adoption process for TRC Scheme - request has been forwarded to State development, Infrastructure and Planning to assist Council and provide advice.

9. QLD Treasury and Trade is committed to getting the economy back on track & informs

Council a review of the skilled & business migration function within QLD Government has occurred.


10. Minister for Housing and Public Works responds to Council correspondence regarding lawn mowing vouchers for the Home Assist Secure program - advices lawn mowing is not considered with the HAS program objectives.

11. Hon David Crisafulli MP submits request for Mayoral response in relation to grants funding

for GraffitiSTOP Clean Up Program - applications close 30/08/2013. 12. Hon David Crisafulli MP submits response to Mayor in relation to timeline & electoral process

for de-amalgamation elections. 13. Hon Jeff Seeney MP submits advice on amendments to the state planning regulatory

provision as at 30/07/2013. 14. Hon John-Paul Langbroek MP confirms TAFE Queensland site at Mareeba has been

approved for sale & will be available on market in near future, notes support re Mareeba Agricultural College site and has advised committee to progress their concept.

15. Sail Structures - Avenue of Honour event.

ATTACHMENTS

As listed above. Date Prepared: 6 August 2013


ATTACHMENT 1


ATTACHMENT 2


ATTACHMENT 3


ATTACHMENT 4


ATTACHMENT 5


ATTACHMENT 6


ATTACHMENT 7


ATTACHMENT 8


ATTACHMENT 9


ATTACHMENT 10


ATTACHMENT 11


ATTACHMENT 12


ATTACHMENT 13


ATTACHMENT 14


ATTACHMENT 15

Agenda Atherton 15 August 2013

Documents

Transcript of Agenda Atherton 15 August 2013