CASSOWARY COAST REGIONAL COUNCIL · 11/12/2009 · Show Society & Turf Club being responsible for...

Minutes of CCRC Local Government Meeting 12 November 2009

CASSOWARY COAST REGIONAL COUNCIL

MINUTES OF THE LOCAL GOVERNMENT MEETING HELD IN THE EL ARISH RSL MEMORIAL SPORTS AND RECREATION HALL, ROYSTON STREET, EL ARISH ON 12 NOVEMBER 2009 COMMENCING AT 9.00AM. PRESENT: Crs B Shannon (Mayor), M Nolan, J Downs, B Horsford, R Sorbello and C Silvestro and Messrs T Brennan (Chief Executive Officer), J W Pettigrew (Director, Planning & Environmental Services), P Cochrane (Director, Corporate Services), D Trotter (Director Works), R Jennings (Manager Water), P Devine (Manager, Parks & Natural Environment) and Mr I D Adcock (Trust Secretary, Johnstone Shire River Improvement Trust and Cardwell Shire River Improvement Trust) and Mrs J Murphy (Director, Community Services), Mrs N Gassin (Governance Officer), Ms J Sorensen (Mayor’s Secretary) and Ms J Cooksley (Minutes Clerk). APOLOGIES: Cr I Rule Item 1.1 CONFIRMATION OF MINUTES OF THE LOCAL GOVERNMENT MEETING HELD ON 22 OCTOBER 2009 Recommendation: “That the Minutes of the Local Government Meeting held on 22 October 2009 be confirmed as a true and correct record." Moved Cr C Silvestro

Seconded Cr M Nolan

Resolution Number 0749 “That the Recommendation be adopted.”

CARRIED

Item 2.1 RECEIPT OF MINUTES OF THE CCRC TRAFFIC CONSULTATIVE COMMITTEE MEETING HELD ON 21 OCTOBER 2009 Recommendation: “That the Minutes of the CCRC Traffic Consultative Committee Meeting held on 21 October 2009 be received." Moved Cr J Downs

Seconded Cr R Sorbello


CARRIED


Item 2.2 RECEIPT OF MINUTES OF THE CCRC SERVICE REVIEW PANEL MEETING HELD ON 29 OCTOBER 2009 Recommendation: “That the Minutes of the CCRC Service Review Panel Meeting held on 29 October 2009 be received." Moved Cr M Nolan

Seconded Cr J Downs


CARRIED

Item 3 – Business from Previous Meeting – Nil Mayor Bill Shannon acknowledged Public Gallery members and a group of Mission Beach small retailers and business owners who were in attendance to present a petition to Council objecting to the proposed application by Woolworths at Wongaling Beach to trade on Sundays. Given the numbers in the gallery and to minimise any inconvenience or disruption to the attendees, Cr Shannon felt it appropriate to invite Ms Jennifer Jones, Principle Petitioner to present the petition and address Council in relation to the petitioners’ concerns. Ms Jones thanked the Mayor for the opportunity to address Council and requested Council support the communities of Mission Beach by passing a motion indicating the Council’s opposition to Woolworths application for Sunday trading based on the concern that small retailers within the four villages of Mission Beach would be adversely affected if this application were approved. Moved Cr M Nolan

Seconded Cr J Downs

Resolution Number 0752 “That this matter be deferred for consideration at the Local Government Meeting being held at the Girringun Aboriginal Corporation’s Headquarters in Cardwell on 26 November 2009 given that Council has not had the opportunity to review the details of the petition.”

CARRIED

9.25am Mrs J Ridinsky (Media and Communications Officer) entered the meeting at which time the petitioners left the meeting.


Item 4.1 CCRC-268/09 – RELOCATABLE BUILDINGS (DONGAS), GOONDI SPORTS GROUND – EX WORC CAMP Executive Summary: On the 20th December 2006 the then Johnstone Shire Council received a letter from the General Manager, Property Portfolio Management, Queensland Department of Housing advising Council that the Department had no further interest in the three (3) relocatable buildings located at the Goondi Sports Ground and the three (3) relocatable buildings located at the rear of the Shire Hall which the Department now considered to be the property of Council (copy of letter attached). The WORC Camp relocated some twelve (12) months ago to their new site at Goondi Mill whilst the three (3) behind the Shire Hall are still used for storage and a site office. Recommendation: “That: (1) Council approve the kitchen facility Donga to go to Pease Park subject to the

Show Society & Turf Club being responsible for all relocation and set-up costs.

(2) Council approve one (1) Donga to go to the El Arish Sport & Recreation

Association Inc subject to it being responsible for all relocation costs and refurbishment costs, etc.

(3) Council call for Expressions of interest for the purchase of the remaining

Donga.” Moved Cr B Horsford


Resolution Number 0752 “That the Recommendation be adopted subject to Dot Point 3 being amended to read: “That Council call for Expressions of interest for the purchase of the remaining Donga (INSERT) with preference being given to use by community groups.”

CARRIED


Item 4.2 CCRC-271/09 – REPLACEMENT OF DJIRU CULTURAL SIGNAGE AT CLUMP POINT Executive Summary: Letter from Girringun Aboriginal Corporation dated 19 October 2009 advising Council of the theft of a sign that had been placed at Clump Point and requesting Council’s support in the form of financial assistance to replace the sign. Recommendation: “That Council approve the allocation of $520.00 from the Community Assistance Scheme Grants Program to Girringun Aboriginal Corporation, as financial assistance towards the cost of re-installing a ‘replica’ sign to that which was stolen at Clump Point.” Moved Cr C Silvestro


Resolution Number 0753 “That the Recommendation be adopted subject to inclusion of the following wording at the end of the paragraph: “That Council approve the allocation of $520.00 from the Community Assistance Scheme Grants Program to Girringun Aboriginal Corporation, as financial assistance towards the cost of re-installing a ‘replica’ sign to that which was stolen at Clump Point (INSERT) and a policy be developed to manage future requests of this nature received from community/cultural groups.”

CARRIED

Item 4.3 CCRC-279/09 – MISSION BEACH COMMUNITY ASSOCIATION INVOLVEMENT IN COMMUNITY PROJECTS Executive Summary: Letter from the Mission Beach Community Association advising Council that as an off-shoot of their 4852 initiative and after discussions with Cr Jennifer Downs, the Association has developed the idea for two “community projects” in which community members can become involved. Recommendation: “That Council write to the Mission Beach Community Association;

• Advising them the projects at the Wongaling Transfer Station and the Clump Point Jetty have been approved subject to some modifications to be resolved through on-site discussion,

• informing the Association of the supervisory, WPH&S and induction training

requirements that will be required for community volunteer involvement,


Item 4.3 CCRC-279/09 – MISSION BEACH COMMUNITY ASSOCIATION INVOLVEMENT IN COMMUNITY PROJECTS (Cont’d…)

• confirming that conditional on those requirements being met, community volunteers will be included within Council’s Personal Injury and Public Liability insurance cover.”

Moved Cr J Downs

Seconded Cr C Silvestro


CARRIED

Mayor Bill Shannon acknowledged the presence of Mr Warwick Jull, President of the Mission Beach Community Association in the Public Gallery and expressed his appreciation to Mr Jull for the pro-active approach the Association has taken in developing these projects to enhance the visual amenity of these particular Council-owned facilities, to the benefit of the Mission Beach communities. Item 5.1 CCRC-273/09 – SEWERAGE PUMP STATIONS 4 & 5 UPGRADE WORKS Executive Summary: As a part of Councils Ten (10) year Sewerage Capital Works Programme, upgrading of Sewerage Pump Stations 4 & 5 was allowed for in the 2009/10 Capital Works Budget. Recommendation: “That the funding for this project be deferred and reconsidered for inclusion in the 2010/11 Sewerage Capital Works Budget.” Moved Cr M Nolan

Seconded Cr B Horsford

Resolution Number 0755 “That the Recommendation be adopted.” CARRIED

Item 6.1 CCRC-269/09 – REVIEW OF CATEGORY 2 WATER AUTHORITY AND RIVER IMPROVEMENT TRUST FUNCTIONS Executive Summary: Correspondence received from Minister for Natural Resources, Mines and Energy Hon Stephen Roberston MP concerning the review of Category 2 Water Authorities and River Improvement Trust functions. The Queensland Government commissioned an independent review of government boards, committees and statutory authorities to improve the overall efficiency of government bodies whilst maintaining the integrity and security of necessary regulatory functions.


Item 6.1 CCRC-269/09 – REVIEW OF CATEGORY 2 WATER AUTHORITY AND RIVER IMPROVEMENT TRUST FUNCTIONS (Cont’d…) A recommendation of this Review was that the functions of the 52 Category 2 Water Authorities be transferred to relevant Local Government. The Government also agreed that Local Governments should have the flexibility to deliver the functions themselves or delegate them to local Boards or to alternative non-statutory institutional structures such as Cooperatives, Incorporated Associations or private agreements. The Government decided that the functions of the 15 River Improvement Trusts be transferred to relevant Local Governments, along with responsibilities and powers required to undertake their activities. The Government acknowledges that consultation with, and between individual Water Authorities, River Trusts and affected Local Governments is required to tailor arrangements to suit local needs. It is suggested that Council may wish to commence discussions with the Cowley Drainage Board, East Euramo Drainage Board, Mourilyan Drainage Board, Orchard Creek Drainage Board, Riversdale-Murray Valley Water Management Board, Silkwood Drainage Board, Stagnant Creek Drainage Board and Wanda Creek Drainage Board and the Cardwell Shire River Improvement Trust and Johnstone Shire River Improvement Trust to consider the services provided by them and how these services might best be delivered in the future. In order to progress River Trust function transfers by June 2010 and Water Authority function transfers by June 2011, the Minister has asked DERM to work closely with Council and the affected entities to determine locally appropriate transfer arrangements. The Minister would appreciate having locally appropriate transfer arrangements for water authority functions determined by June 2010. Recommendation: “That an invitation be extended to the individual Drainage Boards (Category 2 Water Authorities) to appoint representatives (Board Chairman and Secretary) to attend a joint meeting with Council representatives to facilitate transfer discussions on Water Authority functions and consider how services might best be delivered in the future.” Moved Cr R Sorbello


Resolution Number 0756 “That the Recommendation be adopted. Further, that Crs B Horsford and R Sorbello be nominated as Council’s representatives to attend a joint meeting to assist the facilitation of transfer discussions on Water Authority functions and consider how services might best be delivered in the future.” CARRIED

10.10am Mrs A Nugent (Manager, Strategic Planning) and Ms J Rackley and Ms N Moore (Planning Officers) entered the meeting.


Item 6.2 CCRC-270/09 – UPDATE ON RIVER IMPROVEMENT TRUSTS – TRANSFER TO LOCAL GOVERNMENT Executive Summary: The State Council of River Trusts Queensland held its Annual General Meeting on Friday, 23rd October 2009 in Brisbane. The Johnstone and Cardwell Trusts and Council were represented at the meeting. The Local Government Association of Queensland (LGAQ) issued a circular to Councils on the 15th October 2009 concerning transitioning of River Improvement Trusts and Category 2 Water Authorities to Local Government. The Association has written to affected Councils seeking assistance with providing certain information to enable a suitable response to be sent to Department of Environment and Resource Management (DERM). Recommendation: “That the report be received as an update on progress with the transition process of River Trust functions to Local Government.” Moved Cr C Silvestro



10.15am – 10.35am The meeting adjourned for morning tea. PRESENTATION - DEVELOPING A PLANNING SCHEME FOR THE CASSOWARY COAST REGION – presented by Ms A Nugent and Ms J Rackley The Mayor welcomed the officers to the meeting and invited the Manager, Strategic Planning, Ms A Nugent, to brief Council on the development of a new Planning Scheme for the region. Ms Nugent distributed invitations to Councillors and the Chief Executive Officer to attend stakeholder information and consultation sessions in various locations throughout the CCRC region from early/mid December and talked to an overhead presentation on the new Planning Scheme. On the 8 October 2009 Cassowary Coast Regional Council (CCRC) resolved to prepare a new Planning Scheme and adopt a Project Plan outlining timelines for the preparation of the new Planning Scheme. This decision was based on Council amalgamations, the release of the FNQ Regional Plan 2031 and the roll out of new State legislation. Council aims to protect the Cassowary Coast’s unique and diverse environment and culture whilst accommodating anticipated growth within the region through the new Planning Scheme.


PRESENTATION - DEVELOPING A PLANNING SCHEME FOR THE CASSOWARY COAST REGION – presented by Mrs A Nugent and Ms J Rackley (Cont’d…) The purpose of the new Planning Scheme is to: • regulate land use and development in the CCRC Local Government Area; • achieve planning consistency across the region; • align with Council’s Corporate Plan 2009-2019; • comply with the Integrated Planning Act 1997 (IPA) and reflect the Far North Queensland

Regional Plan 2009-2031 (Regional Plan); • adopt Queensland Planning Provisions; and • reflect State Planning Policies and other State interests

Ms Nugent briefed Council on the content of the upcoming stakeholder Information and Consultation sessions which will cover the following points: • A new Planning Scheme • Purpose of new Planning Scheme • Project Plan • Legislative context • Strategic Framework • Where to from here? A list of stakeholders to be invited to the Information and Consultation sessions was provided to the Councillors and they were asked to advise of any omissions in the list by close of business Friday, 13 November 2009. Mayor Bill Shannon thanked Ms Nugent for her informative presentation and Ms Rackley for assisting in the development of the presentation. 10.55am Mr I D Adcock and Ms N Moore left the meeting. Item 4.4 CCRC-284/09 – PROPOSED PROJECTS – ROUND 2 - RURAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM (RLCIP) Executive Summary: Funding applications for projects under the RLCIP Program Round Two must be submitted by 20 November 2009. The funding allocation approved for Cassowary Coast Regional Council is $287,000 and a final list of eligible projects must be approved by Council to enable submission of proposed projects by the deadline. Officer’s Recommendation: “That Council endorse the proposed list of Community Infrastructure Projects as per Appendix 1 attached, for submission under the RLCIP Program.” Moved Cr J Downs



11.25am Mrs J Murphy and Mr P Devine left the meeting.


Item Number: 6.3 CCRC-276/09 – QUEENSLAND LOCAL GOVERNMENT GRANTS COMMISSION – REVIEW OF METHODOLOGY Executive Summary: The Queensland Local Government Grants Commission is reviewing the methodology it uses to determine how to distribute the Financial Assistance Grants provided to Queensland Councils on an annual basis. The Financial Assistance Grant makes up a significant component of the revenue received by Council. Anything we can do to get the methodology reviewed to favour our circumstances could reap significant financial benefits to our Council. The Financial Assistance Grant is made up of 2 components – the General Purpose Grant and the Identified Road Grant. This current review is focusing primarily on the General Purpose Grant component. While the current methodology is quite complex, it should be recognised that the Queensland Grants Commission must distribute approximately $378M across Queensland Councils and a change in methodology that favours some Councils will have a negative impact on others. Therefore, it is likely that most major Councils in Queensland will be making submissions in an endeavour to encourage a change of methodology that will suit their own circumstances. It is therefore important that Cassowary Coast Regional Council makes a submission to protect its interests and to seek opportunities to increase the level of our General Purpose Grant. Recommendation: “That Council authorise the Chief Executive Officer to lodge a submission to the Queensland Local Government Grants Commission in response to their 2009 Methodology Review Discussion Paper and the Council submission be based on the Chief Executive Officer’s report to the Council meeting of 12 November 2009.” Moved Cr C Silvestro



Item Number: 6.4 CCRC-277/09 – CHANGES TO QUEENSLAND’S FOI FRAMEWORK Executive Summary: Queensland's new information regime is set out in the Right to Information Act 2009 and the Information Privacy Act 2009. These Acts set out the responsibilities and powers of the Information Commissioner, and replace the repealed Freedom of Information Act 1992 and Information Standards 42 and 42A. Recommendation: “That: 1. The report be received and noted. 2. Council adopt Policy No. 2.6.2 - ‘Confidentiality’ as per Information Privacy Act

2009 as per Appendix 2 attached.


Item Number: 6.4 CCRC-277/09 – CHANGES TO QUEENSLAND’S FOI FRAMEWORK (Cont’d…) • Council adopt Policy No. 2.6.1 - ‘Right to Information’ as per Right to

Information Act 2009 as per Appendix 3 attached.” Moved Cr J Downs



Item Number: 6.5 CCRC-278/09 – TELECOMMUNICATIONS LEASES – STANDARD TERMS AND CONDITIONS Executive Summary: In June 2009 Council approved a two month delay in the issuing of Telecommunications Leases to enable Council time to formulate a policy, incorporating standard terms and conditions in relation to the provision of future Telecommunication Carrier Leases. Standard terms and conditions, in addition to Freehold Lease Schedule have now been negotiated by King & Co. on behalf of Cairns Regional Council with the main carrier involved in negotiations, being Optus Mobile Pty Limited. Recommendation: “That: 1. The report be received and noted. 2. Council adopt Policy No. 2.5.1 - ‘Granting of Leases to Telecommunications

Carriers as per Appendix 4 attached ’. Moved Cr R Sorbello



12.05pm – 12.35pm The meeting adjourned for lunch. It was noted when the meeting reconvened that Mrs N Gassin and Mrs J Ridinsky were no longer in attendance.


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL Executive Summary: Council is in receipt of an application for a Material Change of Use for an Intensification of an Existing Use – Commercial Activity (Professional Offices). The application was prepared by Planning Far North on behalf of the applicant/owner the Innisfail District Cane Growers Organisation Ltd for the establishment of additional office accommodation within the Central Business Precinct of the Innisfail Zone at 80-88 Rankin Street & 41 Owen Street, Innisfail and described as Lot 1 & 2 on RP734992. The proposed development did not trigger any referral agencies. The application was code assessable and therefore public notification was not required. The subject site is located within the urban footprint as indicated in the Far North Queensland Regional Plan (FNQRP) 2009-2031 and therefore was not required to be referred to the Department of Infrastructure and Planning as part of the IDAS process. The application is consistent with the intent of the zoning and strategic designation of the subject site, and adequately meets the provisions of the Johnstone Shire Council Planning Scheme, 2005, and therefore the proposed application for Material Change of Use for an Intensification of an Existing Use – Commercial Activity (Professional Offices) is recommended for approval subject to reasonable and relevant conditions. Recommendation: “That a Development Permit be issued for a Material Change of Use for an Intensification of an Existing Use – Commercial Activity (Professional Offices) situated at 80-88 Rankin Street & 41 Owen Street, Innisfail and described as Lots 1 & 2 on RP734992, subject to the following conditions: Assessment Managers Conditions: 1) Proposal: The proposed documents and plans for the development set out in

the following table and received by Council on the 11 May 2009 and 15 October 2009, and subsequently, are approved, subject to:

Plan/ Document Number Plan/ Document Name Date

C09-001 Planning Far North

Planning Report & Additional Information

11 May 2009 15 October 2009

SK-2020 1 - 7 Maris Ozolins

Site Plan 30 September 2009


Basement Level 30 September 2009


Car Park Level 30 September 2009


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL (Cont’d….)

Plan/ Document Number Plan/ Document Name Date

SK-2020 4 -7 Maris Ozolins

Ground Floor Level 30 September 2009


First Floor Level 30 September 2009


Front & Rear Elevation 30 September 2009

Sk-2020 7 - 7 Maris Ozolins

Side Elevation 30 September 2009

(a) The plans, specifications, facts and circumstances as set out in the

application submitted to Council; (b) Ensuring that the development complies in all respects with the following

conditions of approval and the requirements of Council’s Planning Scheme and the FNQROC Development Manual; and

(c) Any alterations found necessary by the Chief Executive Officer or his delegate at the time of examination of the Engineering Plans or during construction of the development because of a particular requirement;

except where modified by these conditions of approval.

2) Amended Plans: An amended set of plans incorporating any of the changes required by these conditions shall be provided to Council to be endorsed by the Director of Planning and Environmental Services, prior to an application being made for building work. A copy of the endorsed plans must also be provided to the person from whom building approval is sought.

3) Timing of Effect: The conditions of the Development permit must be complied

with prior to the commencement of use, except where specified otherwise in these conditions of approval.

4) Commencement of Use: The applicant/owner must return to Council the

attached Notification of Intention to Commence Use after acceptance of and compliance with these or negotiated conditions (or court determined conditions) and prior to the commencement of the use. Council officers will subsequently conduct a site visit to confirm the conditions of approval have been met.

5) Tenancies: The number of tenancies must be as proposed, and as currently

existing, being four (4) tenancies. Any further increase to the number of tenancies will require approval by the Director of Planning & Environmental Services. Storage areas are not to be used to create another tenancy, and are to remain as storage areas.


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL (Cont’d…) 6) Lot Access: Vehicular access to the development is to remain as existing, via

Owen and Grace Streets and the existing easement, Easement A, unless otherwise approved by the Director Planning & Environmental Services and the Director of Works.

Access to the proposed development must be in accordance with the FNQROC Development Manual and Council’s standard engineering specifications for a commercial development to the requirements and satisfaction of the Director Planning & Environmental Services and at no cost to Council. Upgrading of the access and future maintenance is the responsibility of the landowner.

7) Landscaping: The applicant/owner is to provide a two (2) metre wide

landscaping strip along the Grace Street frontage, and contain a mix of shrubs and streetscape trees of a native species local to the region. Landscaping is to be in accordance with the planting type and spacing’s as per the Landscaping Code of the JSC Planning Scheme, 2005. All landscaped areas and works are to be contained within the property boundaries, established prior to the commencement of use and maintained for the lifetime of this approval, to the requirements and satisfaction of the Director of Planning and Environmental Services.

8) Works - Internal: The Applicant/Owner must, at no cost to Council, provide the following works internal to the subject land:

Vehicular Traffic/Parking Area • The vehicular traffic/parking area of the site is to be paved; this includes

the access into and manoeuvring areas pertaining to this development. • Pedestrian accesses from parking areas to building entrances/exits are to

be paved, particularly along the southern boundary at the rear of the building.

• Drainage of the paved areas is to be such that the discharge is directed to a permanent water quality device before being directed to a legal point of discharge.

• Internal road widths, parking bays, and traffic circulation widths including the access are to be as per AS2890

All works must be constructed in accordance with the Development Permit, the FNQROC Development Manual, or as per AS2890.2 to the requirements and satisfaction of the Director Planning & Environmental Services prior to the commencement of use.


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL (Cont’d…) 9) Off-Street Car Parking, Loading and Manoeuvring: The applicant/owner must

provide the following requirements: a. Car Parking Numbers

Provision must be made for off-street parking at thirty-seven (37) car parking spaces. A disabled car parking space is required, as per the approved Car Park Level Plan.

b. Car Parking Design

Design and construction of the car parking areas are to be designed in accordance with the 6.4.6 Vehicle Access, Parking and Loading Code and with AS 2890. All driveways, manoeuvring areas, car parking areas and paths must be imperviously sealed (interlocking pavers, concrete or bitumen).

Drainage of the paved areas is to be such that the discharge is directed to a permanent water quality device before directed to a legal point of discharge.

c. Loading

Any loading/unloading into the storage areas are to occur after business hours. A car park is not to be utilised as a loading bay for this service during business hours.

10) Stormwater Discharge: The applicant must provide Council with a proposed

“Point of Lawful Discharge to Stormwater”. Such location(s) must be chosen to fulfil the following criteria: - (a) The location of the discharge is indeed lawful (i.e. the location of

discharge is under the lawful control of the Local Authority or other statutory authority from whom permission to discharge has been received and includes publicly controlled land, drainage reserve, or a watercourse under the Water Act).

(b) That in discharging at the location, the discharge will not cause an actionable nuisance (i.e. a nuisance for which a current or future downstream or upstream property owner may bring an action or claim for damages arising out of the nuisance). In general terms, this implies a “no-worsening” situation as a result of the discharge.

11) Waste Bins and Storage Areas: The waste bin area and storage areas must be

screened from view of adjoining properties and roads, to the requirements and satisfaction of the Director of Planning and Environmental Services.

12) Bike Lane & Shared Path Facilities Infrastructure: In accordance with Council’s

Planning Scheme Policy 6 – Trunk Infrastructure Contributions And External Works, a Bike Lane & Shared Path Facilities Infrastructure Contribution is payable in respect of this development. The Contribution must be paid prior to the issue of Final Inspection Certificate or Certificate of Classification, and must be calculated at the contribution rate applicable at the time of payment.


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL (Cont’d…)

The applicable contribution rate is the Bikelane Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.2 ET per 100m2 (of additional GFA). The current Bike Lane & Shared Path Facilities Infrastructure Contribution Rate is $495.00/ET. At the present method of calculation, the estimated total infrastructure charge is $275.45

13) Public Garden and Recreation Space Contribution: In accordance with

Council’s Planning Scheme Policy 6 – Trunk Infrastructure Contributions and External Works, a Public Recreation Infrastructure Contribution is payable in respect of the development. The Contribution must be paid prior to the issue of Final Inspection Certificate or Certificate of Classification, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Belvedere Parks Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.2 ET per 100m2 (of additional GFA). The current Public Recreation Infrastructure Contribution Rate is $2,630.00/ET. At the present method of calculation, the estimated total infrastructure charge is $1,463.50.

14) Sewerage Infrastructure Contributions: In accordance with Council’s Planning

Scheme Policy 6 – Trunk Infrastructure Contributions and External Works, a Sewerage Contribution is payable by the Applicant/Owner to Council in respect of this development. The Contribution must be paid prior to the issue of Final Inspection Certificate or Certificate of Classification, and must be calculated at the contribution rate applicable at the time of payment. The applicable contribution rate is the Innisfail Sewerage Scheme Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.2 ET per 100m2 (of additional GFA). The current Sewerage Contribution Rate is $5,710.00/ET. At the present method of calculation, the estimated total infrastructure charge is $3,177.40.

15) Water Supply Infrastructure Contributions: In accordance with Council’s

Planning Scheme Policy 6 – Trunk Infrastructure Contributions and External Works, a Water Supply Contribution is payable by the Applicant/Owner to Council in respect of this development. The Contribution must be paid prior to the issue of Final Inspection Certificate or Certificate of Classification, and must be calculated at the contribution rate applicable at the time of payment. The applicable contribution rate is the Innisfail Water Supply Scheme Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 0.2 ET per 100m2 (of additional GFA). The current Water Supply Contribution Rate is $5,880.00/ET. At the present method of calculation, the estimated total infrastructure charge is $3,272.00.


Item Number: 7.1 CCRC-272/09 – DEVELOPMENT PERMIT FOR A MATERIAL CHANGE OF USE – INTENSIFICATION OF AN EXISTING USE – COMMERICAL ACTIVITY (PROFESSIONAL OFFICES) – LOT 1 AND 2 ON RP734992 – 80-88 RANKIN STREET AND 41 OWEN STREET, INNISFAIL (Cont’d…) 16) Car parking Infrastructure Contribution: In accordance with Council’s Planning

Scheme Policy 6 – Trunk Infrastructure Contributions and External Works, a Car parking Infrastructure Contribution is payable in respect of the development. The Contribution must be paid prior to the commencement of use, and must be calculated at the contribution rate applicable at the time of payment.

The applicable contribution rate is the Innisfail Precinct 1 Car Parking Infrastructure Charge. The Service Demand Increase (SDI) is calculated at 2 car parks. The current Car Parking Infrastructure Contribution Rate is $10,780.00/car park.

Assessment Manager's Advice:

a. Relevant Period: The relevant period for the development approval (Material Change of Use) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21(1) of IPA, the development approval for material change of use lapses if the first change of use under the approval does not happen within the abovementioned relevant period. However, if there are one or more related approvals for the development approval for material change of use, the relevant period is taken to have started on the day the latest related approval takes effect. (Please refer to Section 3.5.21(7) of IPA for the meaning of related approval).

An applicant may request Council to extend the relevant period provided that such

request is made in accordance with Section 3.5.22 of IPA and before the development approval lapses under Section 3.5.21of IPA.

b. Council Indemnity: The Council is indemnified against any claims arising from works carried out by the Applicant/Owner on Council property.

c. Other Approvals Required: An application for Building and Plumbing/Drainage

Works is required, with a permit to be issued prior to the commencement of use. d. Aboriginal Cultural Heritage: The Applicant/Owner is to ensure compliance with the

requirements of the Aboriginal Cultural Heritage Act 2003 and in particular ‘the duty of care’ that it imposes all landowners, developers and the like.

e. Compliance with Laws: This approval does not negate the requirement for compliance

with all other relevant local laws and other statutory requirements. Moved Cr B Horsford



12.50pm Ms J Rackley left the meeting.


Item Number: 7.2 CCRC-274/09 – POLICY – ROAD CLOSURE APPLICATIONS Executive Summary: Council receives a high volume of requests to provide its views and/or requirements in relation to Road Closure applications lodged with the Department of Environment and Resource Management. Council officers have prepared a policy to guide Council's response in relation to these requests and also to inform the public at large as to Council's position in relation to these matters. Recommendation: "That Council adopt Policy Number 5.1 - Road Closure Applications as per Appendix 5 attached.” Moved Cr J Downs

Seconded Cr M Nolan


Item Number: 7.3 CCRC-275/09 – ROAD AND LAND USE MATTERS - VARIOUS Executive Summary: Council is in receipt of correspondence requesting Council's views and/or requirements in relation to various land use matters as follows: a) Correspondence from the Department of Environment and Resource

Management (DERM) regarding the application for replacement road licence, shown on SmartMap Standard Map Number 8062-22113 (Appendix 1) - Unnamed Road, off Broderick Road, Midgenoo. Applicant: Great Southern HVT Holdings Pty Ltd

Recommendation: "That Council object to the re-issue of the road licence adjacent to Lot 161 on CWL3620, on the basis that this section of road will be required to provide access to Lot 156 on SP114070 in accordance with the Development Permit recently issued for Private Forestry A (Plantation Forestry) over Lot 156 on SP114070.” Moved Cr M Nolan

Seconded Cr J Downs

Resolution Number 0764

“That the Recommendation be adopted.” CARRIED


Item Number: 7.3 CCRC-275/09 – ROAD AND LAND USE MATTERS – VARIOUS (Cont’d…) b) Correspondence from DERM regarding the application for a permanent road

closure covering the road abutting Lot 1 on RP714849, shown on Plan Number CNS09/070 (Appendix 2) - El Arish/Mission Beach Road, Maria Creeks.

Recommendation: "That Council object to the application for permanent road closure covering El Arish/Mission Beach Road adjacent to Lot 1 on RP714849 for the following reasons: 1. the section of road should remain open to provide public access to South

Maria Creek; and 2. the section of road may be required for future road purposes.” Moved Cr R Sorbello

Seconded Cr J Downs


“That the Recommendation be adopted subject to inclusion of the following dot point: 3. The site is used as a public recreational

area.” CARRIED

c) Correspondence from DERM regarding the application for tenure over Lot 1 on

RL6505, shown on SmartMap Standard Map Number 8062-22131 (Appendix 3) - Old Telegraph Road, Birkalla. Applicant: Anders

Recommendation: "That Council object to the application for a permit to occupy over the area previously known as Lot 1 on RL6505, for the following reasons: 1. the use of the area for grazing would be likely to result in the fencing of the

area, thereby restricting public access to Banyan Creek; 2. the section of road should be opened to facilitate public access to Banyan Creek; and 3. the section of road may be required for future public purposes which are not

necessarily precluded because the area floods.” Moved Cr C Silvestro





Item Number: 7.3 CCRC-275/09 – ROAD AND LAND USE MATTERS – VARIOUS (Cont’d…) d) Correspondence from DERM regarding the application for permanent road

closure adjoining Lot 4 on RP739113, shown on Drawing No: 09/636A/CEN (Appendix 4) - King Road, Murrigal.

Recommendation: "That Council object to the application for permanent road closure over the part of King Road adjoining Lot 4 on RP739113 as this area of road is required for future road purposes.” Moved Cr R Sorbello

Seconded Cr J Downs



e) Correspondence from DERM regarding the application for permanent road

closure over parts of an unnamed road adjoining Lot 4 on RP804127 and Lot 3 on RP800938, shown on Drawing No: DWG 09/155 (Appendix 5) - Unnamed road, Silky Oak.

Recommendation: "That Council offer no objection to the application for permanent road closure over parts of an unnamed road adjoining Lot 4 on RP804127 and Lot 3 on RP800938, subject to the following conditions: 1. Part A of the proposed permanent road closure is amalgamated into Lot 4 on

RP804127; and 2. Part B of the proposed permanent road closure is amalgamated into Lot 3 on

RP800938.” Moved Cr R Sorbello





‘TABLED’ REPORT NO. CCRC-283/09 – SEWER REHABILITATION CONTRACT NO. 0910-009 Executive Summary: To consider tenders submitted for the rehabilitation of defective sewers as selected in the Innisfail sewerage scheme. Recommendation: “That the schedule of rates tender from Relining Solutions Pty Limited totalling $199,719 be accepted by Council in respect of Contract No. 0910-009 Sewer Rehabilitation.” Moved Cr B Horsford




GENERAL BUSINESS: 1. Far North Queensland Ports Corporation– Meet and Greet

Following his attendance at the ‘Meet and Greet’ function organised by the Far North Queensland Ports Corporation on Wednesday, 4 November 2009, Cr Nolan expressed concern at the current membership of the Board which does not include a local representative. Cr Nolan advised representatives of the Board expressed a view that it wants to have a regional presence, and described Mourilyan Harbour as ‘a jewel in the crown’, however Cr Nolan was advised that Board members are appointed on the basis of skills and not geographic location. Cr Nolan feels this requirement could be a detriment to the appointment of otherwise well informed local candidates who are familiar with the Mourilyan Harbour and the issues surrounding its operations. Cr Nolan asked that the Chief Executive Officer write to the Local Member, Curtis Pitt to lobby the Minister for Transport to look at a process to enable the appointment of a member of the Cassowary Coast Region to the Board. Council endorsed Cr Nolan’s comments and it was agreed that the CEO would write to the Local Member.

2. Wireless Audio Microphone System

Cr Downs requested the CEO investigate the provision of appropriate wireless audio microphones for Councillors to use during meetings which are held outside of the Innisfail/Tully meeting venues, as is the case today. Provision of such equipment would have alleviated the problem today with respect to the heavy rain falling on the roof, virtually making it impossible to hear the proceedings. The CEO to ask the IT Manager to investigate the feasibility and cost of this equipment.


MEETING CLOSED TO THE PUBLIC (1.50PM) Moved Cr J Downs


Resolution Number 0770 “That in accordance with Section S463 1 (h) of the Local Government Act 1993, Council close the meeting to the public to consider a ‘Confidential’ report regarding provision of Sewerage Infrastructure to the Innisfail Estate and future infrastructure requirements for proposed development.”

CARRIED

MEETING RE-OPENED TO THE PUBLIC (3.30PM) Moved Cr M Nolan

Seconded Cr J Downs

Resolution Number 0771 “That the meeting be re-opened to the public.”

CARRIED

Item Number: 5.2 ‘CONFIDENTIAL’ REPORT CCRC-280/09 – INNISFAIL ESTATE SEWERAGE INFRASTRUCTURE Council noted the briefing provided by the Director, Works in relation to this matter. 3.35pm The Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 26th DAY OF NOVEMBER 2009.

____________________________ MAYOR


APPENDIX 1

2009/10 RURAL AND LOCAL COMMUNITY INFRASTRUCTURE PROGRAM (RLCIP) FUNDING – ROUND 2

Below is a list of proposed RLCIP Projects by the Councillors, plus an additional project as suggested by the Funding Provider: (1) Project Division 1 (High priority)

Construction of 160 metres of shared bikeway/walkway through Coral Sea Memorial Park Cardwell to access park facilities and as part of an integrated path system as per Cardwell Foreshore Master-plan.

Estimate $23,920

Construction of 160 metres of shared bikeway/walkway through Penning Park Tully Heads to access park facilities and as part of an integrated path system.

Estimate $23,920 (2) Project Division 2 (High priority)

Installation of Stage 1 of Tully Heritage Trail with installation of up to 12 thematically designed interpretive signs depicting early history of Tully and its residents and providing an exciting tourism experience.

Estimate $47,840

(3) Project Division 3 (High priority) Refurbishment of Taifalos Park at Kurrimine Beach to include upgraded play

equipment, fencing around play equipment, additional barbecue, lighting for park recreation area, park fencing, additional shelter.

Estimate $47,840

(4) Project Division 4 (High priority) Upgrade of The Con including air conditioning of front section and refurbishment of

dressing rooms and storage. Estimate $47,840

(5) Project Division 5 (High priority)

Improving the access to a popular recreational facility by upgrading Matt Cockbain Park, The Coconuts through the installation of a Barbecue Unit, Table and Chair Units, sealing the area and landscaping.

Estimate $31,000 Improving the recreational facilities at Goondi Sports Complex by installing shade-

cover over playground. Estimate $16,840

(6) Project Division 6 (High priority) Improving the recreational and tourism infrastructure by installing additional lighting

on Walking Path at Con, O’Brien Park Coronation Drive, East Innisfail. Approximately 400 metres of lighting and vandal proof light/poles (approx 12).

Estimate $47,840

(7) Project Region Wide (Medium priority) Construction of a mobile skate-ramp that maybe transported any used at a number

of locations across the region. Estimate $25,000


APPENDIX 2


POLICY

CONFIDENTIALITY Policy Number: 2.6.2 1. Authority

Local Government Act 1993 Integrated Planning Act 1997 Right to Information Act 2009 Crime and Misconduct Act 2001

2. Policy Statement

This policy records the Council’s commitment to preserving the confidentiality of information held by the Council.

3. Principles

Council holds information about a range of matters relating to Council business and to the residents of the region. Council cannot always know in advance which information – if released – will cause negative outcomes for the Council and residents. To minimise risks to the Council and residents, the Council will preserve the confidentiality of Council information to the fullest extent possible. There are a number of laws which require the council to make available information to members of the public or government bodies. The council will fully comply with its obligations under those laws. The Council will designate particular information or classes of information as “confidential”, to clarify that the information must be dealt with in a certain way.

4. Scope

This policy applies to all information designated as confidential which is held by the Council, and must be followed by all Councillors and Council employees.

5. Responsibility

All Councillors and Council employees must comply with this policy and are responsible for giving effect to it.

6. Definitions


Confidential information is information generally not known by, or available upon request to, the public which:

Identifies and relates to a particular individual; or Carries a risk that – if released or improperly used – would cause harm to the Council or

a member of the community, or give an unfair advantage to someone. The following classes of information must always be treated as confidential: a) Legal advice received by council, including the substance or effect of that legal advice, or any

conclusions reached in that legal advice, or any reasoning upon which those conclusions were reached, or any course of action recommended in that legal advice;

b) Information provided to Council on the condition that it is kept confidential; c) Information dealing with the appointment, dismissal, discipline or appraisal of employees; d) Information associated with the preliminary budget; e) Information dealing with rating concessions; f) Information associated with contracts proposed by Council; g) Information associated with starting or defending legal proceedings; h) Information dealing with the security of property; i) Information dealing with trade secrets or any person or body; j) Information considered and discussed in meetings closed to the public, pursuant to section

463 of the Local Government Act 1993; k) Commercial-in-confidence information associated with any person or body; l) Names and/or address of complainants or witnesses; and m) Any information designated as confidential by the Chief Executive Officer, until such time as

council has resolved that the Chief Executive Officer’s confidentiality designation should be removed.

Information includes discussions, documents, electronic data or knowledge.

7. Policy

The Council will preserve the confidentiality of confidential information as far as possible under the law. Guidelines will be developed for the proper storage, access and handling of all confidential information including but not limited to:

Introduction of a Clear Desk Policy (not leaving confidential material lying around on desks)

Working with confidential information outside of the work place, consideration to: o Loss of information o Accidental disclosure o Use of USB Flash Drives and other electronic or telecommunications devices

Confidential information must not be released to any person unless:

The information relates only to that person (that is, it is solely information about the person); or

It is information that relates only to a person, and that person has provided the Council with written authority to release the information to someone else; or

The release is necessary for the conduct of the Council’s business and is in the public interest; or

The Council is obliged under law to release the information to that person. Appropriate use of confidential information

Date of adoption: 2009 Minute Number: Policy Review: 3 years or as determined by Council or Chief Executive Officer


APPENDIX 3


POLICY

Right to Information Policy Number: 2.6.1 1. Authority

Right to Information Act 2009 Right to Information Regulation 2009 Information Privacy Act 2009 Information Privacy Regulation 2009 Public Records Act 2002

2. Policy Statement

The Right to Information Act 2009 extends the right of the community to have access to information held by State Government departments, local and public authorities with a view to achieving more open, accountable and transparent government. Cassowary Coast Regional Council, as a local authority, is subject tot the Right to Information Act 2009 (“the Act”) and accordingly acknowledges the right of the public to:

o Obtain information about council’s structure, policies and activities unless disclosure would, on balance, be contrary to the public interest;

o Ensure that personal information held about them by council is accurate and complete.

3. Principles

To ensure that members of the public have a right of access to documents held by the council subject to those exemptions defined in the Act.

4. Scope

This policy applies to all Councillors, council personnel and members of the public. 5. Responsibility

Under the Act, the Chief Executive Officer is the ‘principal officer’ and is the person responsible for determining the outcome of RTI applications. The Chief Executive Officer has the right to delegate this power to other council personnel as outlined below. The RTI Officer may be responsible for making initial decisions regarding the release of documents within the time periods stipulated in the Act. In this function, the RTI officer may deal with prospective RTI applicants and liaise with departments regarding access to documents. Under the Act, the RTI Officer is authorised to enter into a confidential relationship with applicants or prospective applicants and is not required to reveal the identity of an applicant to another staff member without the express agreement of the applicant. Executive managers and officers in charge of individual Departments and Sections are responsible for establishing procedures to locate information held in their areas. In the event that information cannot be located, a written statement must be provided to the RTI Officer indicating that the information cannot be located and that reasonable steps have been taken to locate the information.


The Chief Executive Officer or delegate, as Review Officer, is responsible for formal internal reviews of decisions made by the RTI Officer, if requested by the applicant.

8. Definitions

Council – means Cassowary Coast Regional Council Disclosure log – is a list of documents released following a decision about an application for access under the Act, which is published on council’s website. Documents – The Act defines ‘document’ as a document in the possession, or under the control of council whether brought into existence or received in the council, and includes:

o A document to which council is entitled to access; and o A document in the possession, or under the control, of an officer of council in the

officer’s official capacity. Documents include: o Any paper or other material on which there is writing; o Any paper or other material on which there are marks, figures, symbols or perforations

having a meaning for a person qualified to interpret them; and o Any disc, tape or other article or any material from which sounds, images, writings or

messages are capable of being produced or reproduced (with or without the aid of another article or device).

RTI Act – is the Right to Information Act 2009 (and Regulation), a Queensland Act. Personal information – documents which contain information of private concern to an individual, such as medical history, family or domestic relationships, income, assets, financial records, or social welfare entitlements. A document is not a “personal information” document if it merely contains reference to a person’s name. Publication Scheme – sets out the kinds of information that council has available and the terms on which it will make the information available, including any charges that may be necessary.

9. Policy

Council is committed to providing, as far as possible an open, accountable and transparent environment which enables members of the public access to council documents which do not require recourse to formal procedures in the Act. This will benefit in facilitating disclosure with minimum administrative delay and cost. However, there will be occasions when it is necessary or appropriate to make an application under the Act, for instance, where third party or sensitive non-personal information is requested, or where there are grounds for considering that the documents may be exempt from access under the Act. Publication Scheme Council will publish a publication scheme that explains the information that the public can access. This scheme sets out classes of information and the terms on which Council will make the information available. This will be a living document and requires regular review to ensure it is current and accurate. Documents to be listed in the publication scheme include:

Class of Information Required to be Available How Council Currently Addresses This

About us Who we are and what we do History of organisation Councillors Organisation structure Annual Report Medial Releases Documents held by Council Committee structure

Our services The services we offer As defined in Operational Plan

Our finances What we spend and how we spend it

Budget Tenders and Procurement


Class of Information Required to be Available How Council Currently

Addresses This Our priorities What our priorities are and

how we are doing Corporate Plan and Operational Plan

Our decisions How we make decisions Local Laws Council functions and powers Meetings of council Council Minutes Statutory Bodes Delegations Code of conduct

Our policies Our policies and procedures Policies listed on internet Our lists Lists and registers Legislative registers

Disclosure log Delegations

Exemptions The Act contains exemptions to access of information that may not be in the public interest to disclose because it would be prejudicial to essential public interests or the personal or business affairs of individuals or agencies. Amendment of Personal Information Individuals have the right to seek amendment of personal information held about them where it is considered to be inaccurate, incomplete, out-of-date or misleading. Amendment of information does not extend to deletion or destruction of records. Charging Where formal applications under the Act are made, the fees and charges specified in the Right to Information Regulation 2009 (“The Regulation”) will be applied by council. Disclosure Log Council will develop and make publicly available a disclosure log, which will contain information disclosed to applicants under the Act. As required under the Act, information will be published on the disclosure log no sooner than 24 hours after it is accessed by the applicant, but no later than five business days after access. Review and Appeal The RTI Officer will provide to the applicant reasons for decisions not to release documents, to given only partial access to documents, or to refuse to amend personal affairs information. The applicant can request an internal review which will be done by an internal review officer. Further external review by the Queensland Information Commissioner is also available if the applicant still does not agree with the internal review. Date of adoption: 2009 Minute Number: Policy Review: 3 years or as determined by Council or Chief Executive Officer


APPENDIX 4


POLICY

Granting of Leases to Telecommunications Carriers Policy Number: 2.5.1 1. Authority

Local Government Act 1993 Telecommunications Act 1997

2. Objective

To establish a policy for the granting of leases to telecommunications carriers, for the installation and maintenance of radio, television and mobile transmission facilities. 3. Scope

This policy applies to all telecommunications providers unless otherwise specified. 4. Definitions

In this Policy unless the contrary intention appears: (a) “Act” – means the Telecommunications Act 1997 (Cwlth). (b) “Australian Standards” – any standards adopted by the Commonwealth of Australia which specify acceptable levels of electromagnetic or other radiation emissions. (e) “Carrier” – including the expression “other Carriers” has the same meaning as is contained I the Act. For the purpose of this Policy “Carrier” also means the Lessee. (f) “Council” – Cassowary Coast Regional Council (f) “Facility” means the telecommunications facility the Lessee operates upon the Premises, being the equipment shelter, tower, security fence, antennas and/or any other associated fixtures, fittings, structures, and cabling. (g) “Government Agency” means any government or any governmental, semi-government, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity. (h) “Permitted Use” use of premises for the purpose of constructing, maintaining and operating the facility as part of a telecommunications network and telecommunications service and not otherwise.

5. Policy Statement

5.1 Principles Granting of a lease to a Telecommunications carrier should be made where the purposes of the Council or the benefit of the community are advanced. Full impact on community and environment is paramount in the determination of any such lease being supported by Council. 5.2 Standard Terms and Conditions of Lease

5.2.1 Term of lease to be for a ten (10) year period with no option. 5.2.2 Rent - $10,000 (minimum) for Medium to High impact installations during the first

year of the Term, and increased by 3% compounding annually thereafter for the balance of the Term.


5.2.3 Use of the Premises for the purpose of constructing, maintaining and operating the

Facility as part of a telecommunications network and telecommunications service and not otherwise.

5.2.4 For the purpose of the operation of the telecommunications network and

telecommunications service, Council will permit the telecommunications carrier to install, maintain, repair, replace and use above or below ground cabling to and from the Premises and where necessary to construct supports for that cabling. In exercising this rights, the telecommunications carrier (the Carrier) must:

5.2.4.1 Ensure that no cabling is attached to, located within or on any structure

not previously approved by Council or relevant government agency; 5.2.4.2 Not cause any material damage to the Land or material interference with

the exercise of the Carriers entitlement to use and enjoy the Land; 5.2.4.3 Restore the surface of the Land as so used as nearly as practicably

possible to its state prior to use by the Carrier to the reasonable satisfaction of Council; and

5.2.4.4 Obtain Council’s prior written consent to plans showing accurately the location of every cable it intends laying upon or beneath the Land, and the altered locations of all Carriers antennas upon the Land.

5.2.5 The Carrier must arrange, at its own cost:

5.2.5.1 Connection of the Premises to an electricity supply; and 5.2.5.2 Installation of such earthing apparatus on the Land as is necessary for

the safe continuous operation of the Facility for the permitted use. 5.2.5.3 The Carrier shall allow the Council to connect by way of a separate

metering service to the electricity infrastructure connected by the Carrier to the Premises.

5.2.5.4 The Council shall pay all charges for electricity incurred under the separate metering system which will be held in the name of the Council to the assessing authority on or before the due date for payment.

5.2.6 The Carrier will indemnify Council against every cost and expense born of harm

resulting directly or indirectly from an occurrence upon or about the Land (including the Premises), referable at all to the Carrier or its use or occupation of the Premises, and, in particular, to the emission from the Premises of electromagnetic or other radiation otherwise than at a level permitted under Australian Standards.

5.2.6.1 Harm includes:

5.2.6.1.1 Property loss, including loss through misplacement and theft;

5.2.6.1.2 Property damage; 5.2.6.1.3 Damage to reputation; 5.2.6.1.4 Death; 5.2.6.1.5 Personal injury, including shock; and 5.2.6.1.6 Illness.

5.2.6.2 The Carrier acknowledges that upon proper appreciation being made to the Carrier, Council may, subject to reasonable provisions and at no cost to the Carrier, use the Facility to locate its own communications equipment provided that: 5.2.6.2.1 Placement of such equipment does not materially affect the

Carriers ability to use the Premises for the Permitted Use (including, but not limited to, causing material interference with the Carriers telecommunications network or service) Council will: 5.2.6.2.1.1 Modify the equipment or its use so that it no

longer materially affects the Carriers use of the Premises; or


5.2.6.2.1.2 If modification does not reduce the interference

so that it is no longer material to the Carriers use of the Premises remove its equipment.

5.2.6.2.2 Council must within 7 days of the date of a Lease to the Carrier, provide the Carrier with details of the equipment that Council may wish to install to allow the Carrier to order a tower that is suitable for the extra loading that the Council’s equipment will require.

5.2.7 To enable Council to avoid a proliferation of telecommunications facilities upon the

Land:

5.2.7.1 The Carrier must design and construct the Facility such that the Facility is able to host co-located telecommunication infrastructure that other Carriers wish to place upon the Land.

5.2.7.2 The Carrier may share the use of the Premises with other telecommunication network and service providers once: 5.2.7.2.1 A formal Deed of Consent, upon reasonable terms is agreed

to by Council as to such assignment or sub-letting and which contains: 5.2.7.2.1.1 The proposed assignee’s covenant to discharge

the primary Carriers obligations under a Lease, whether running with the Land or not;

5.2.7.2.1.2 The proposed sub-lessee’s covenant not to cause or contribute to a breach of the Lease; and the proposed sub-lessee’s covenant to discharge its obligations under the sub-lease or licence.

5.2.7.2.1.3 Formal Deed of Consent given to assignment or sub-letting approved by Council.

5.2.7.2.2 Payment to Council of an amount, being not less than 50% of the annual rental charged to the sub-lessee by the Carrier.

5.2.7.3 Sub-lease must not exceed the original term of the lease with the Carrier unless otherwise agreed to by Council.

5.2.8 The Carrier must pay all duty (including penalties and fines other than penalties and

fines due to the default of Council) and all of Council’s reasonable legal and other costs charges and expenses or which the Council may reasonably suffer or incur in consequence of an incidental to each of the negotiation, preparation, completion, stamping, registration, assignment, subletting, termination and surrender of the Lease.

5.2.9 All other standard leasing terms apply including but not limited to:

5.2.9.1 Implied covenants and powers 5.2.9.2 Payment (rent, GST, EFT payments, pro rate refund of rent) 5.2.9.3 Permitted use (Adjoining Land, Requirements of Government Agencies and

Consents) 5.2.9.4 Access to the Premises (Access and reasonable directions) 5.2.9.5 Insurance, indemnities and release 5.2.9.6 Installation and maintenance (Repairs and maintenance, construction and

alterations) 5.2.9.7 Termination 5.2.9.8 Notices 5.2.9.9 Assignment, subletting and other dealing 5.2.9.10 Lessor’s covenants (quiet enjoyment, Restriction on Lessor’s use of the land,

Lessor’s Use of the facility)


Date of adoption: 2009 Minute Number: Policy Review: 3 years or as determined by Council or Chief Executive Officer


APPENDIX 5


POLICY

Road Closure Applications Policy Number: 5.1 1. Authority Land Act 1994 2. Objective The Cassowary Coast Regional Council is requested to provide its views and/or requirements in relation to road closure applications lodged with the Department of Environment and Resource Management. The purpose of this policy is to provide Council officers with direction when reviewing these applications and also to inform the public at large as to Council's position in relation to these matters. 3. Scope This policy applies to applications for permanent and temporary road closures in the Cassowary Coast Regional Council local government area. Formal applications for road closures are made to DERM. Council is requested by DERM to provide its views and/or requirements in relation to these applications. Also, Council can be requested by landowners for an indication of support or otherwise of a proposed road closure prior to the formal application being lodged with DERM. 4. Definitions Council - means the Cassowary Coast Regional Council. DERM - means the State government department responsible for assessing and deciding applications for permanent and temporary road closures, currently known as the Department of Environment and Resource Management.


Environmentally Valuable Area - means an area that contains vegetation with significant wildlife values, supports/facilitates wildlife movement and/or contains listed rare or threatened species, as determined by an appropriately qualified Council officer. FNQ Regional Plan - means the Far North Queensland Regional Plan 2009-2031. Planning Scheme - means the planning scheme/s in force for the Cassowary Coast Regional Council local government area.

Watercourse - means a river, creek or stream in which water flows permanently or intermittently and for the purposes of this policy includes the ocean 5. Policy statement 5.1 Principles Council promotes the public's right to access Watercourses and other places of public interest and seeks to maintain and enhance public access in the Cassowary Coast Regional Council local government area whenever possible. In the public interest, Council is responsible for ensuring the maintenance of road corridors for future road requirements and/or intersection and road upgrades. Council supports the permanent and temporary closure of roads where this does not compromise the public interest and is in accordance with the provisions of this policy or overriding circumstances warrant Council support. 5.2 Provisions When Council is asked to provide its views and/or requirements in relation to an application for a permanent or temporary road closure, Council will object to the application where: (a) The subject road is an esplanade or otherwise provides access to a Watercourse or place of public interest. (b) The subject road is required for future road or public purposes, except where the

application is for a temporary road closure and the temporary closure will not preclude the use of that road for future road or public purposes if and when it is required.

Future road purposes means uses such as: (i) providing access; (ii) road upgrades/improvements; and/or (iii) road realignment.


(c) The subject road contains an Environmentally Valuable Area and the proposed road

closure would have a detrimental impact on that Environmentally Valuable Area, unless strong grounds exist and it is in the public interest that the road closure go ahead, notwithstanding the impact.

(d) The proposed road closure is inconsistent with the orderly planning of the area, the

Planning Scheme and/or the FNQ Regional Plan. Date of adoption: Minute Number: Policy Review: 3 years or as determined by Council.

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