CASSOWARY COAST REGIONAL COUNCIL · 5/28/2009 · Recommendation: “That the Minutes of the Local...

Minutes of CCRC Local Government Meeting

28 May 2009

CASSOWARY COAST REGIONAL COUNCIL

MINUTES OF THE LOCAL GOVERNMENT MEETING HELD IN THE CIVIC CENTRE BOARD ROOM, 38 – 40 BRYANT STREET, TULLY ON 28 MAY 2009 COMMENCING AT 9.00AM. PRESENT: Crs B Shannon (Mayor), M Nolan, J Downs, I Rule, B Horsford, C Silvestro and Cr R Sorbello and Messrs T Brennan (Chief Executive Officer), JW Pettigrew (Director, Planning & Environmental Services), D Trotter (Director, Works), P Stark (Director Corporate Services, and Mrs VM Kerr (Minutes Clerk). OPENING PRAYERS: Cr Shannon welcomed Vuokko Karsikas representing the Tully Family Church and invited Ms Karsikas to offer an opening prayer. Cr Shannon thanked Vuokko Karsikas for her prayers whereupon she left the meeting. Item 1.1 CONFIRMATION OF MINUTES OF THE LOCAL GOVERNMENT MEETING HELD ON 14 MAY 2009 Recommendation: “That the Minutes of the Local Government Meeting held on 14 May 2009 be confirmed as a true and correct record with a minor amendment to note that Dr P Davey be referred to as Dr and not Mr in the minutes." Moved Cr I Rule

Seconded Cr C Silvestro

Resolution Number 0515 “That the Recommendation be adopted.” CARRIED

Item Number 2 BUSINESS ARISING FROM PREVIOUS MEETING - Nil 9.05am Ms Sheila Lawler entered the meeting.


28 May 2009

Item Number: 3.2 CCRC-106/09 - REPRESENTATION AT THE ALGWA QUEENSLAND STATE CONFERENCE – “WINDS OF CHANGE: A FRESH APPROACH” Executive Summary: Information has been received about the Australian Local Government Women’s Association (ALGWA) State Conference being hosted by the Toowoomba Regional Council from 29 – 31 July. The cost of attendance is $630.00 per delegate or observer plus travel and accommodation costs. Registrations must occur by 27 June 2009 or a late fee will apply. Officer’s Recommendation: That Council determine if it wishes to be represented at the 2009 ALGWA State Conference being held in Toowoomba from 29-31 July 2009. Moved Cr I Rule

Seconded Cr M Nolan

Resolution Number 0516 “That the Recommendation be received and that Council be represented by Cr J Downs at the 2009 Australian Local Government Women’s Association State Conference being held in Toowoomba from 29-31 July 2009, with her expenses of attendance being met by Council.” CARRIED

Item Number: 3.2 CCRC-126/09 - REPORT ON TENDERS RECEIVED FOR COMPLETION OF LEVEL 2 –INNISFAIL HALL AND OFFICE PROJECT Executive Summary: Tenders were invited for the fit-out of the lower level (level 2) of the Innisfail Shire Hall and Office building. The Council’s Project Managers for this project, Maddocks and Associates, undertook the tender process on behalf of Council. They have recently completed the analysis of all tenders received and recommend that a Letter of Intent be issued to Alternate Constructions, who submitted the lowest tender for the work. Officer’s Recommendation: “That a Letter of Intent be issued to Alternate Constructions, as the lowest tender for the work, in relation to Tender JSH/1-01-06 in accordance with the recommendations contained in the report prepared by the Project Managers for this project, Maddocks and Associates Pty Ltd Consulting Engineers.” Moved Cr M Nolan

Seconded Cr B Horsford



28 May 2009

Item Number: 6.1 CCRC-124/09 - VISIT BY THE HISTORIC Q150 STEAM TRAIN Executive Summary: The historic Q150 steam train will be visiting the Cassowary Coast region on the 24th and 25th of June with brief stops in Cardwell and Tully and an overnight stay in Innisfail. Activities to welcome the train and to celebrate the Q150 occasion are currently being planned. Officer’s Recommendation: 1. That Council approve the proposed program to welcome the journey of the Q150

historic steam train through the Cassowary Coast region. 2. That Council approve the allocation of $1,425 to cost centre 3104-2209-0000. Moved Cr R Sorbello



9.30am Mr G Wilson (Manager Environment Services) entered the meeting and Ms S Lawler left the meeting. Item Number: 4.1 CCRC-116/09 - POLICIES Executive Summary: It is a legislative requirement for Council to prepare and adopt policies on a range of issues; this report covers those remaining policies required under the Finance Standard 2005. Recommendation: That Council adopt the following policies as attached to the minutes (Appendix A):

• a policy about internal audit; • a policy about an audit committee; • a policy about entertainment and hospitality expenditure; • a policy about advertising expenditure.

Moved Cr C Silvestro

Seconded Cr J Downs


9.35am Ms M Cox (Manager of Finance) and Ms A Lamb (Assistant Accountant) entered the meeting.


28 May 2009

Item Number: 4.2 CCRC-122/09 - FINANCIAL STATEMENTS FOR THE PERIOD ENDING 30 APRIL 2009 Officer’s Recommendation: That the Financial Statements with Notes for the period to 30 April 2009, incorporating the following be received:- • Income Statement • Balance Sheet • Cash Flow Statement • Statement of Appropriations • Statement of Changes in Equity • Capital Funding Statement • Actual to Budget Report 2008/2009 • Notes to and Forming Part of the Financial Report

Note 1 – Cash Assets and Cash Equivalents Note 2 – Trade and Other Receivables Note 3 – Borrowings Note 4 – Recurrent Revenue and Expenditure

Moved Cr C Silvestro

Seconded Cr M Nolan


9.40am Ms M Cox (Manager of Finance) and Ms A Lamb (Assistant Accountant) left the meeting.


28 May 2009

Item Number: 5.1 CCRC-117/09 - PROPOSED RESUMPTION OF PART OF LOT 31 ON RP705575, 60 THE ESPLANADE INNISFAIL Executive Summary: It is proposed to resume part of Lot 31 on RP 705575, in the form of a corner truncation at Sherwood St & The Esplanade, Innisfail to provide for a footpath. Recommendation: 1. That Council acquire part of Lot 31 on RP705575 for road purposes and the

Chief Executive Officer commence negotiations for such acquisition with the property owners.

2. That Council serve a Notice of Intention to Resume the area of land shown as

New Road on SP 222249, in accordance with Section 7 of the Acquisition of Land Act 1967 and thereafter proceed in accordance with the requirements of the Act with the intent of procuring the publication in the Queensland Government Gazette of a proclamation vesting the said land in Council subject to due consideration of all objections made in accordance with the provisions of the said Act.

3. That the Chief Executive officer be directed to acquire Part of Lot 31 on

RP705575 in accordance with Council’s decision, and is delegated to do all things necessary to be done under the Local Government Act 1993 and the Acquisition of Land Act 1967 [as amended] including the payment of compensation, and hearing of any objections to complete the acquisition in accordance with the Act.

4. That reasonable costs of survey, valuation fees, legals, registration, stamp duty

and any other fees connected with the acquisition and the issue of a copy of the Certificate of Title to be at Council’s expense.

5. That a professional valuer be engaged to determine the value of the portion of

land subject to resumption for road purposes, to assist in negotiations with the relevant parties.

Moved Cr I Rule




28 May 2009

Item Number: 5.3 CCRC-119/09 - DELEGATIONS UNDER THE ENVIRONMENTAL PROTECTION ACT, REGULATION AND ASSOCIATED POLICIES Executive Summary: In 2009 extensive changes occurred to the Environmental Protection Act, Regulation and associated policies. Recent correspondence from MacDonnells Law has advised that due to these changes, Councils delegations for this legislation need to be revised according to the Instruments of Delegation presented in this report. Officer’s Recommendation: 1. Report be received by Council

2. Under section 472 of the Local Government Act 1993, Council resolves to: (a) repeal all prior delegations to the Chief Executive Officer made under the

Environmental Protection (Air) Policy 1997, Environment Protection (Noise) Policy 1997, Environmental Protection Regulation 1998 and the Environmental Protection (Water) policy 1997; and

(b) repeal all delegations to the Chief Executive Officer made under sections 363H,

363N(1) and 363n(4) of the Environmental Protection Act 1994 made prior to the resolution in (c); and

(c) Delegate the exercise of the powers contained in Schedule 1 of the Instruments

of Delegation, attached to this report as Appendix A, to the Chief Executive Officer. These powers must be exercised subject to any limitations contained in Schedule 2 of the attached Instruments of Delegation.

Moved Cr J Downs




28 May 2009

Item Number: 5.8 CCRC-125/09 - APPLICATION TO BE RECOGNISED AS A REEF GUARDIAN COUNCIL Executive Summary: Following the success of the Reef Guardian Schools program, the Great Barrier Reef Marine Park Authority has developed the Reef Guardian Council program, which is designed to recognise and promote the important role of local government in protecting the Great Barrier Reef. The objective is to raise awareness and encourage best environmental practice in local government activities, while recognising that the effective protection and management of the Great Barrier Reef, requires partnerships at all levels of government, industry and the community. The objectives of the Reef Guardian Council program are:- (a) To develop a mutually beneficial partnership between the Great Barrier Reef Marine Park

Authority and local government bodies (b) To recognise and foster environmental stewardship for the Great Barrier Reef from local

government and the general community (c) To raise awareness and encourage best management practice in local government

activities, while recognising that effective protection and management of the Great Barrier Reef requires partnerships at all levels of government and the community

(d) Promote and advocate local government actions in natural resource management (e) Facilitate information sharing and exchange to improve local government capacity. Member Councils of FNQROC will all be considering this proposal in the near future. At the time of writing both Cairns and Hinchinbrook Councils had already resolved to apply for Reef Guardian status. Councillors will recall the Local Government NRM workshop facilitated by Terrain NRM at South Johnstone in March included a presentation giving an overview of the Reef Guardian Program. Officer’s Recommendation: It is recommended that Council apply to the Great Barrier Reef Marine Park Authority to be recognised as a Reef Guardian Council. Moved Cr B Horsford

Seconded Cr I Rule


10.10am – 10.30am The meeting adjourned for morning tea during which a presentation was made to Ian Wilkinson for his service as a Justice of the Peace for fifty years, a certificate was presented to Mr Wilkinson on behalf of the Queensland Attorney-General. It was noted when the meeting reconvened that Mr D Trotter was no longer present and Ms Joelene Gravagna (Manager Rates and Customer Service) and Mr Peter Kromoloff were in attendance.


28 May 2009

PRESENTATION – REPORT BY THE CASSOWARY COAST REGIONAL COUNCIL RATING REFERENCE GROUP Mayor Shannon welcomed Mr Peter Kromoloff, Facilitator of the Rating Reference Group and thanked him and the Group members for their work on the Report. Mayor Shannon invited Mr Kromoloff to address the meeting regarding the tabled Report on Rating and Pensioner Rate Remissions. Mr Kromoloff thanked the Council and advised that it was a privilege to work with the Rating Reference Group. The Group had four meetings in which it recognised the need to merge the Council’s rating structure within the term of the current Council. The Group has put forward ten recommendations, however it did not consider issues regarding special charges for benefitted area charges. The recommendations are as follows:- Recommendation 1 That Council ensures all funds are expended in accordance with best practice methods and any established benchmarks for such expenditure. That Council identifies and implements any “economies of scale” benefits following the amalgamation. Recommendation 2 That Council maintain a system of Differential General Rating, with separate sectors for Residential land up to 5 Ha, Flat buildings, Farming land, Commercial land, Industrial land, large Shopping Centres, Sugar Mills, Island Resorts, Ports Corporation and the balance. Recommendation 3 That land up to 5 Ha in size and valued in accordance with Section 25 of the Valuation of Land Act 1944 be included in the Residential Categories and also be included in the appropriate valuation band after deduction of the 40% developers’ privilege. Recommendation 4 That Council make some attempt to quantify the level of a minimum rate. Accepted that some, or even many, of the inputs could be subjective but this could produce an outcome that better identifies the “cost” a basic, say, residential property incurs and enable those ratepayers impacted to be more suitably informed and a more accurate rate put in place. Recommendation 5 The minimum rate for land in categories for Flat buildings, Commercial land, Industrial land and Other (generally land larger than 5 Ha and not farming) be one and half (1½) times the basic minimum rate established for Residential land. Recommendation 6 That by the end of the life of the present Council the rating structure should cease to recognise the separate areas prior to amalgamation. That, generally, parcels of land of the same use and unimproved valuation, wherever they are located in the Region, would be similarly categorised and rated. Recommendation 7 The Separate Charges that are used to defray costs incurred by waste management, cleansing, planning and environmental services, viz Environmental Levy and Waste Management Charge, be removed when the “life” of the Separate Charges ends (2012) and added to the appropriate Utility Charges. Where not directly relevant to a Utility Charge either increase the General Rate or establish an appropriate Separate Charge. Roads Levy to be retained and extended to all of the Region with a contra reduction in General Rate.


28 May 2009

Continued…PRESENTATION – REPORT BY THE CASSOWARY COAST REGIONAL COUNCIL RATING REFERENCE GROUP Recommendation 8 That the share of revenue contributed by the Residential and Flat Building groups of categories be increased from the present (approx) 50% to 52% with the increased revenue to be applied to a reduction of the contribution by the Farming Group of categories from (approx) 33% to 31%. Recommendation 9 That properties in existing categories numbered 1 to 11 (Residential) be re-categorised such that all this land would be included in valuation bands described in existing categories 6 to 11 (together with land subject to Section 25 of VoLA – recommendation 3). That Flat Buildings be categorised by only two valuation bands, viz up to $300,000 and greater than $300,000. That rates on existing categories 18, 19 and 20 move over the next three budgets so that there is only need for one category in the 2011/2012 year and that the Forestry Category be set at 30% above “southern” General Farming rate. That, similarly to Farming, the Commercial categories be retained as at present and that rates move over the next three budgets so that there is only need for one, or perhaps two categories in the 2011/2012 year. That the Ports Corporation be removed from Industrial categories and be separately categorised and that the balance of Industrial properties be included in just one category. Recommendation 10 That Council retain existing level of support for pensioner ratepayers. Moved Cr B Shannon


Resolution Number 0524 “That the Report from the Cassowary Coast Regional Council Rating Reference Group be received and that the Group’s Facilitator and Members be thanked for their input.” CARRIED

11.00am Mr JW Pettigrew left the meeting. 11.02am Cr C Silvestro left the meeting. LETTER OF THANKS FOR RATING REFERENCE GROUP Moved Cr R Sorbello

Seconded Cr I Rule

Resolution Number 0525 “That Council formally write and thank the Rating Reference Group Facilitator and Members for their contribution into the Report to Council.” CARRIED

11.02am Cr C Silvestro re-entered the meeting and Mr P Stark, Ms J Gravagna and Mr P Kromoloff left the meeting.


28 May 2009

11.05am Mr JW Pettigrew, Mr D Horton (Manager Planning Services) and Ms A Nugent (Manager Strategic Planning) entered the meeting. Item Number: 5.4 CCRC-120/09 - D/A 011/08C - DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FIFTY FOUR (54) LOTS), SEAFARER INVESTMENTS PTY LTD (LOT 99 ON SP 171882, PARISH OF ROCKINGHAM), JACKEY JACKEY STREET, SOUTH MISSION BEACH EXECUTIVE SUMMARY: An application has been lodged with Council for the reconfiguration of land located at Jackey Jackey Street, South Mission Beach. The land (Lot 99) has an area of 18 hectares and it is proposed to reconfigure Lot 99 to created 53 residential house sites, ranging in area from 970 m2 to 3782 m2, and a balance area of 10.8 hectares, which will contain the steeper, well vegetated sections of Lot 99 and an existing house. The applicant requested that the application be assessed against the Superseded Planning Scheme. However Council resolved under delegated authority to assess the application against the Current Planning Scheme. The application is recommended for refusal as it is in conflict with the Mission Beach Coastal Zone and the Conservation Precinct designation of the land and there is no opportunity to condition the application to comply with the relevant provisions of the Current Planning Scheme (or the Superseded Planning Scheme). CONSULTANT PLANNER’S RECOMMENDATION: That the application for reconfiguring a lot (one (1) lot into fifty four (54) lots) on land located at Jackey Jackey Street, South Mission Beach and described as Lot 99 on SP 171882, Parish of Rockingham, be refused on the following grounds: 1. The applicant has not provided Council with correspondence from the

Department of the Environment, Water, Heritage and the Arts, confirming that the “The application is not subject to assessment against Commonwealth Legislation” (EPBC Act).

2. The proposed development is in conflict with the Vision for the Mission Beach

Coastal Zone – Section 4.5.1 of the Planning Scheme. 3. The proposed development is in conflict with the Mission Beach Conservation

Precinct – Section 4.5.6 of the Planning Scheme. 4. The proposed development is in conflict with the Conservation Zone Code,

against which the application is required to be assessed – Section 5.7 of the Planning Scheme.

5. The proposed development is in conflict with part of the Purpose Statement in

the Reconfiguring a Lot Code – Section 7.7.1 of the Planning Scheme. 6. The proposed development represents a form of residential development which is

not contemplated on land in the Mission Beach Coastal Zone – Conservation Precinct and is out of character with existing large lot residential development in the local area.


28 May 2009

Continued…CCRC-120/09 - D/A 011/08C - DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT (ONE (1) LOT INTO FIFTY FOUR (54) LOTS), SEAFARER INVESTMENTS PTY LTD (LOT 99 ON SP 171882, PARISH OF ROCKINGHAM), JACKEY JACKEY STREET, SOUTH MISSION BEACH Moved Cr I Rule

Seconded Cr J Downs


Item Number: 5.5 CCRC-125/09 - LAND MANAGEMENT PLAN FOR R996 RESERVE FOR PARK AND RECREATION PURPOSES INCLUDING JACK FOSSEY PARK, Lot 269 on CP846524, Lot 271 on NR6501 and Lot 268 on SP146773 Executive Summary: Council is developing a Land Management Plan (LMP) for the Reserve for Park and Recreation Purposes - R996 (Lot 269 on CP846524, Lot 271 on NR6501 and Lot 268 on SP146773), which includes Jack Fossey Park. The Department of Environment and Resource Management has now approved the LMP for public consultation. The purpose of this report is to obtain Council's approval of the LMP for public consultation. Recommendation: That the Land Management Plan for the Reserve for Park and Recreation Purposes - R966 including Jack Fossey Park (Lot 269 on CP846524, Lot 271 on NR6501 and Lot 268 on SP146773), as shown in Appendix 1 of this report, be approved for public consultation. Moved Cr M Nolan

Seconded Cr I Rule



28 May 2009

Item Number: 5.6 CCRC-121/09 - D/A213/07 DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT – ONE (1) LOT INTO TWO (2) LOTS, HARRIET MARTIN - LOT 1 ON RP731310; PARISH OF ROCKINGHAM, 1245 TULLY-MISSION BEACH ROAD, CARMOO EXECUTIVE SUMMARY Council is in receipt of an application received 21 June 2007 for a Reconfiguration of a Lot (one (1) lot into two (2) lots) on land located at 1245 Tully-Mission Beach Road, Carmoo, and described as Lot 1 on RP731310. The application triggered referral to the Department of Main Road, the Department of Natural Resources and Water and the Environmental Protection Agency. The proposed development is in conflict with the planning outcomes sought in the Cardwell Shire Council Planning Scheme (May 2005) and is therefore recommended for refusal. Recommendation: That the application for a Reconfiguration of a Lot (One (1) Lot into Two (2) Lots) described as Lot 1 on RP731310; Parish of Rockingham, be refused on the following grounds: 1. The proposed development conflicts with Section 1.2 of the Superseded

Planning Scheme – Strategic Framework which states, in part, that:

‘Areas identified as having natural environmental values due to fauna and flora characteristics and/or landscape, scenic characteristics are valuable features of the Cardwell Shire and the Planning Scheme provides for their conservation.’

2. The proposed development conflicts with the intent for the Natural Resource Protection designation of the Strategic Framework provided as per Section 1.2.2 of the Superseded Planning Scheme.

3. The proposed development conflicts with Desired Environmental Outcome

2.2.11 of the Superseded Planning Scheme.

4. The proposed development is in conflict with the Conservation Zone – Section 4.10 of the Planning Scheme.

5. The proposed development is not a reconfiguration sought for, or supported

within the locality. This ground is supported by: a) The Purpose Statement of the Conservation Code states, in part, that: • Development is consistent with protecting, conserving, rehabilitating,

presenting and transmitting the natural values of the conservation area. • Urban development does not have a detrimental impact on the integrity of

the habitat resources by limiting development in environmentally sensitive areas to low scale and low intensity developments that are sympathetic to the natural topographical conditions and existing vegetation.


28 May 2009

Continued…CCRC-121/09 - D/A213/07 DEVELOPMENT PERMIT FOR RECONFIGURATION OF A LOT – ONE (1) LOT INTO TWO (2) LOTS, HARRIET MARTIN - LOT 1 ON RP731310; PARISH OF ROCKINGHAM, 1245 TULLY-MISSION BEACH ROAD, CARMOO

• A viable and enduring habitat system is retained and protected by ensuring

that Habitat Corridors and other habitat areas are retained and rehabilitated where appropriate.

AND b) Outcome 5 of the Conservation Code, which states that:

Allotments have an appropriate area and dimension to: c) Retain the natural features and environmental values of the site including

areas of vegetation and the natural topographical conditions; d) Achieve a low scale ‘open space’ rather than residential ambience. AND c) Outcome 4 of the Reconfiguring a Lot Code, which states that ‘Lot sizes and

dimensions are to be compatible with the physical characteristics of a site and the projected user requirements having regard to the agricultural quality of the land, availability of vehicular access, scenic and cultural values, slope, stability and flooding potential’.

6. The proposal conflicts with State Planning Policy 1/92 in that:

• The applicant has not demonstrated an overriding need for the proposal with respect to public benefit.

• The applicant has not demonstrated a need for further subdivision in this

locality.

• The applicant has not demonstrated that the land is located such that farming either alone or in conjunction with other parcels is not practicable.

Moved Cr B Horsford

Seconded Cr I Rule



28 May 2009

Item Number: 5.7 CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI EXECUTIVE SUMMARY: Council is in receipt of an application for a Preliminary Approval over-riding the Planning Scheme for a Material Change of Use (Intensification of the Tourist Facility) for development rights consistent with the Bedarra Island Resort Precinct Planning Code situated at Bedarra Island. The subject land is described as Lot 2 & 3 on RP712273; Parish of Dunkalli. The application was subject to public notification and during this period, no submissions (objection) were received by Council. As the application was lodged with Council on 28 August 2008, it is therefore necessary to consider the application under the Cardwell Shire Planning Scheme, 2007 and the Draft FNQ Regional Plan. The Strategic Framework, as shown on the Structure Plan of the Cardwell Shire Planning Scheme, 2007 identifies the subject land within the Natural Resource Protection area. The Preliminary Approval sought for the site has two components as follows:

(a) To over-ride the provisions of the Planning Scheme to shift the level of assessment for the proposed uses and assessment against a development code (Bedarra Island Resort Precinct Planning Code);

(b) Provide approval for the development concept. It is noted that certain development after the issue of a Preliminary Approval cannot proceed without the lodgement of further applications for code or impact assessment. This process will allow both Council and the other relevant assessment agencies to impose detailed conditions of approval on the development. A number of Concurrence, Advice and Third Party agencies have assessed the application and provided Council with either conditions of approval or comments. As part of the applicant’s consultation with the Referral Agencies, a number of amendments were made to the Development Concept and Bedarra Island Resort Precinct Planning Code. It is considered that the proposal to over-ride the provisions of the Planning Scheme is appropriate and will result in a suitable intensification of the use of the site and is recommended to Council, subject to reasonable and relevant conditions. Recommendation: That a Preliminary Approval be issued in accordance with Section 3.1.6 of the Integrated Planning Act 1997 to over-ride the Cardwell Shire Planning Scheme for a Material Change of Use for development in accordance with the Bedarra Island Resort Precinct Planning Code (Redevelopment and Intensification of the Tourist Facility) described in (A) herein and is approved subject to the conditions listed in (B) and (C).


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI (A) Details of Premises and Approved Use Location: Bedarra Island Real Property Description: Lots 2 & 3 on RP712273; Parish of Dunkalli Area of Land: 80.10 hectares (B) Assessment Manager’s Conditions: 1. Proposal: The documents and plans prepared by Greengate Property Group, set

out in the following table and submitted to Council on the 22 August 2008, and 16 December 2008 and subsequently, are approved, subject to:

Plan/ Document Number Plan/ Document Name Date

Volume 1 – Planning Application for Bedarra Island Resorts

1. Planning Application forms 2. Executive Summary

Report by Greengate Property Group

3. Development Application Report by ERM

August 2008

Volume 2 – Appendices 4. Bedarra Island Resort Precinct Planning Code by ERM

5. Masterplan Report by LFA Pacific

6. Social and Economic Impact Assessment by SGS Economics & Planning

7. Visual Impact and Scenic Quality Assessment by LFA Pacific

8. Community Consultation Report by The 20/20 Group

9. Sustainability Report by ARUP

10. Coastal Engineering Assessment by Coastal Engineering Solutions

11. Ecological Assessment by ERM

12. Geotechnical Site Assessment by Coffey Geotechnics

August 2008


28 May 2009

Plan/ Document Number Plan/ Document Name Date 13. Engineering and

Infrastructure Report by Matthew Palmer & Associates

14. Water Sensitive Urban Strategy by EDAW Aecom

15. Services and Infrastructure Capacity Assessment by Jim Hatz & Associates

16. Indigenous Cultural Heritage Assessment by Converge

17. Historic Assessment by Converge

18. Environmental Management Plan by ERM

Response to Further Information

Response to Information Request by ERM Annex A. - Bedarra Island Resort Precinct Planning Code (revised 15 December 2008). Annex B. – Indicative Sequencing Plan Annex C. – Assessment against Codes and Policies. Annex D. – Survey Plans Annex E. – Wetland Mapping Annex F. – Aerial showing Planning Use Areas Annex G. – Coastal Engineering Response Annex H. – Water Sensitive Urban Design (WSUD) Strategy Annex I. – GHD Terrestrial Ecology Response Annex J. – GHD Marine Systems Response

Received by Council 16/12/08

(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 Director Planning & Environmental Services 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.


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI 2. Compliance Check for Self Assessable Development: The applicant/owner must

provide Council with a report on each stage (as per The Indicative Sequencing Plan) that details compliance with the applicable codes of the Cardwell Shire Planning Scheme, 2007 and the Bedarra Island Resort Precinct Planning Code, prior to the issue of a Development Permit for Building Works. This compliance check is to be endorsed by the Director Planning & Environmental Services.

3. Development: The Development of the land shall be undertaken generally in

accordance with the Bedarra Island Resort Precinct Planning Zones Plan, dated 11 December 2008, and the Bedarra Island Resort Indicative Sequencing Plan, dated 10 December 2008.

4. Relevant Period: The relevant period for the development approval (Preliminary

Approval) shall be four (4) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21 of IPA, the development approval for Preliminary Approval lapses if the development does not substantially start within the abovementioned relevant period. However, if there are one or more related approvals for the development approval, 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;

5. Erosion and Sediment Control: Effective erosion and sediment control must be

maintained at all times during and after construction work until there is adequate vegetation cover, paved or other controls to prevent any silt run-off from the site.

The Applicant/Owner must submit an Erosion and Sediment Control Strategy (ESCS) and an Erosion and Sediment Control Plan (ESCP) prior to the issue of a Development Permit for Building Works. Both the ESCS and the ESCP including workings shall be submitted for assessment by Council. All submitted documentation shall be in accordance with the requirements of the FNQROC Development Manual and references.

6. Hours of Construction: All construction work and such other activities must be

between: • 6:00am to 6:00pm, Monday to Friday • 7:00am to 6:00pm, Saturday • No construction work or other such activities are to occur on Sundays or

public holidays. without prior written approval from Council.


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI 7. Filling of Land - General: Any filling of land required as a result of this approval

shall be designed and undertaken in accordance with the FNQROC Development Manual - CP1 “Construction Procedures”, DP1 “Development Principals”, D2 “Site Regrading” and D4 “Stormwater Drainage” and S1 “Earthworks Specification” and the Specific Outcome/Probable Solutions of s 7.5 Engineering Works Code of the Cardwell Shire Planning Scheme, 2007.

8. Public Utilities - Alterations: Any relocation or alteration to any public utilities

in association with works pertaining to this development must be undertaken as required by the relevant service provider and at no cost to Council.

9. Stormwater Discharge: The applicant/owner must ensure that the flow of all

external stormwater from the property is directed to a lawful point of discharge, such that stormwater does not adversely affect surrounding properties to the requirements and satisfaction of the Director Planning & Environmental Services.

10. 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. • 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.

• Parking bays and traffic circulation widths including the access are to be as per AS2890.2.

• Signage and line marking is to be installed to delineate parking and ingress and egress movements

Storage Areas

• The storage areas of the site are to be paved • 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.

All works must be constructed in accordance with the FNQROC Development Manual to the satisfaction of the Director Planning & Environmental Services prior to the issue of Development Permit for Building Works.

11. Landscaping: A landscaping master plan for the site is to be submitted to

Council for approval prior to the issuing of a Development Permit for Building Works (as per the indicative Sequencing Plan) and be endorsed by the Director Planning & Environmental Services. No building approval will be issued prior to this endorsement.


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI

Landscaping shall be provided in accordance with the Specific Outcomes/ Probable Solutions of the Landscape Code s.7.6 in the planning scheme or as conditioned by this development approval. • All landscaping is to use a mixture of mature trees/plants and smaller

trees/plants as depicted within the Landscaping Code. • Open space for the express intent and use of the residences of the proposed

units is not to be utilised as the same area as effluent disposal, these two areas and uses are to be separated.

The landscaping shall be established before commencement of the use and is to be maintained at all times, to the requirements and satisfaction of Director Planning & Environmental Services.

12. Groundwater Supply: The applicant has acknowledged the possible constraints

with using springs/groundwater on the island. Therefore as the aquifers and springs on Bedarra Island do not have sufficient capacity to support the development and an alternative water supply will be required. The applicant/owner states they intend to use rainwater tanks and a desalination plant. There is no objections to this proposal however discharge from the plant are released in a suitable location.

The applicant/owner is provide a report to Council done by a suitably qualified

person for each stage of the development showing how suitable potable water is to be supplied and this report is to be endorsed by the Director Planning & Environmental Services, prior to the commence of works on that stage.

13. Water Supply: All villas in the proposed development must be equipped with

rainwater tanks with sufficient capacity to supply the needs of the occupants. 14. Sewerage: If the discharge from the STP increases by 10% or more, the owners

will be required to get a new approval from the Department of Environment & Resource Management. To ensure water supply security and quality is maintained DERM & Council recommend that, subject to the conclusions of the groundwater resource assessment study, the applicant agrees to provide On-site treatment and disposal of domestic wastewater meeting advanced secondary treatment or tertiary standards as specified in the Queensland Plumbing and Wastewater Code (23 Nov 2007) BOD5 <10mg/l; TSS <10mg/l; Thermo tolerant organisms <10 org/100ml; pH 6.5 – 8.5; Turbidity < 2NTU 95th percentile 5NTU max; and disinfected) concurrent with the proposed development and not at a later date as indicated.

15. Management Plans & Policies: The proposed development shall accord with the

intent and requirements of the Cardwell-Hinchinbrook Regional Coastal Management Plan, State Coastal Management Plan, The Family Islands National Park Management Plan, and the following State Planning Policies:


28 May 2009


(i) State Planning Policy 2/02 – Planning and Managing Development involving Acid Sulfate Soils

(ii) State Planning Policy 1/03 – Mitigating the Adverse Impacts of Flood, Bushfire and Landslide.

16. Coastal Hazards: All habitable floor levels, infrastructure, access ways and

hazardous material should located in areas above the defined Storm Tide Events (DSTE) level of RL +3.3m AHD.

17. Cardwell Shire Planning Scheme: The proposed development is to comply with

all of the provisions of the Cardwell Shire Planning Scheme, 2007 excluding any provisions conflicting with the provisions of this Preliminary Approval.

18. Bedarra Island Resort Precinct Planning Code: The applicant/owner is to amend

the Bedarra Island Resort Precinct Planning Code as follows:

(i) Insert in S.5.1 of the Bedarra Island Resort Precinct Planning Code the following statement:

“The applicable probable solutions in identified codes are mandatory for self assessable uses. Self assessable uses require code assessment if the applicable solutions are not complied with.”

(ii) Replace Table 5.2 with the following statement:

“Reconfiguring of a Lot must only be in the form of subdivision under the Land Title Act 1994 if the plan of subdivision necessary for the reconfiguration is a building format plan of subdivision that does not subdivide land on or below the surface of the land.”

(iii) Amend Probable Solution S.1.2 of the Bedarra Island Resort Precinct Planning Code to read: “The total Gross Floor Area (GFA) of development on the premise does not exceed 8,202m2.”

(iv) Amend Probable Solution S.2.1 of the Bedarra Island Resort Precinct Planning Code to state: “Buildings or works are to be located a minimum of 10m from any significant existing regional ecosystems.”

(v) Amend “significant existing regional ecosystems” in Probable Solution S.2.1 to “Of Concern Regional Ecosystem”.


28 May 2009


(vi) Insert a map showing the “healthy mature native vegetation” into

the Bedarra Island Resort Precinct Planning Code and reference it in Probable Solution S.2.1.

(vii) Amend Probable Solution S.2.3 of the Bedarra Island Resort

Precinct Planning Code to state: “The Gross Floor Area (GFA) of any constructed buildings within the Conservation Zone is no more than 25m2 and located in an existing cleared area.”

(viii) Delete Probable Solution S.3.2 of the Bedarra Island Resort

Precinct Planning Code. (ix) Amend Probable Solution S.6.2 of the Bedarra Island Resort

Precinct Planning Code to state:

“Soft landscape consists of locally indigenous species.”

(x) Delete Probable Solution S.6.3 of the Bedarra Island Resort Precinct Planning Code.

(xi) Amend Probable Solution S.8.9 of the Bedarra Island Resort

Precinct Planning Code to state:

“If it is proposed to disturb greater than 100m3 of soil and/or sediment from at or below 5m AHD, an Acid Sulphate Soils (ASS) investigation report is prepared consistent with the requirements of SPP2/02. Construction and operation stages of development are conducted in accordance with the findings of the ASS investigation report, which has been approved by DERM (formally DNR&W) and Council prior to any development being undertaken

19. Bedarra Island Resort Precinct Planning Code: The applicant/owner is to amend

the Bedarra Island Resort Precinct Planning Code to reflect the changes required by conditions of the Assessment Manager (Cassowary Coast Regional Council), Department of Environment & Resource Management (formally EPA and DNR&W) and the Department of Infrastructure & Planning prior to the issue of any further development approvals, to the requirements and satisfaction of the Director Planning & Environmental Services.


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI 20. Lighting: The applicant/owner is to ensure that all night lighting is designed and

constructed to the satisfaction of the Director Planning & Environmental Services so as to ensure that light emitted from the subject site does not, in the opinion of the Director Planning & Environmental Services, create an environmental nuisance having regard to the provisions of the Environmental Protection Act 1994 and Environmental Protection Regulation 1998 (Part 2A – Environmental Nuisance).

21. Declared Pests: The parcel of land is to be cleared of all Class 1, 2 and 3 declared

pests prior to the issue of a Development Permit for Building Works (as per the Indicative Staging Plan) and is to be maintained at all times, to the requirements and satisfaction of the Director Planning & Environmental Services.

(C) Referral Agency Conditions: 1. Environmental Protection Agency:

Concurrence Agency Response – Reference IPCC01195508 (Approved 19 February 2009) with Conditions of Approval and Approved Plan; attached as Appendix 2.

2. Department of Natural Resources and Water:

Amended Referral Agency Response - Conditions of approval 2008/007701 and PMAC 2009/000281 attached with the Concurrence & Advice Agency Response Reference IC0908TSV0007; dated 19 February 2009; attached as Appendix 3.

3. Department of Infrastructure & Planning: Amended Referral Agency Response – Conditions of Development and Statement of Reasons (Ref RAC1/Ben Collings/DIP), dated 5 March 2009; attached as Appendix 4

Moved Cr R Sorbello


Resolution Number 0529 “That the Recommendation be adopted.”


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI AMENDMENT TO THE MOTION Moved Cr M Nolan

Seconded Cr I Rule

Resolution Number 0530 “That the Officer’s Recommendation be adopted subject to Recommendation (B) 4 being amended to read: 4. Relevant Period: The relevant period for

the development approval (Preliminary Approval) shall be (delete) four (4) and (insert) six (6) years starting the day the approval is granted or takes effect. In accordance with Section 3.5.21 of IPA, the development approval for Preliminary Approval lapses if the development does not substantially start within the abovementioned relevant period. However, if there are one or more related approvals for the development approval, 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;

THE AMENDMENT WAS LOST – 3 votes to 4 with Crs M Nolan, I Rule and R Sorbello voting FOR the Motion and Crs B Shannon, J Downs, C Silvestro and B Horsford voting AGAINST the Motion.


28 May 2009

Continued…CCRC-123/09 - D/A062/08C - PRELIMINARY APPROVAL TO OVERIDE THE PLANNING SCHEME FOR MATERIAL CHANGE OF USE (INTENSIFICATION OF THE TOURIST FACILTIY) FOR DEVELOPMENT RIGHTS CONSISTENT WITH THE BEDARRA ISLAND RESORT PRECINCT PLANNING CODE, GPT FUNDS MANAGEMENT 2 PTY LTD, BEDARRA ISLAND, LOT 2 & 3 ON RP712273; PARISH OF DUNKALLI Moved Cr R Sorbello


Resolution Number 0531 “That the Officer’s Recommendation be adopted.” THE MOTION WAS CARRIED – 6 votes to 1 with Cr I Rule voting AGAINST the Motion and Crs B Shannon, M Nolan, R Sorbello, J Downs, C Silvestro and B Horsford voting FOR the Motion.


28 May 2009

TABLED REPORT CCRC-127/09 - INTENSIFICATION OF COMMERICAL ACTIVITIES (CANEGROWERS BUILDING), CANEGROWERS (INNISFAIL), 88 RANKIN STREET LOT 1 ON RP734992 (CANEGROWERS) & LOT 2 ON RP734992 (COUNCIL) EXECUTIVE SUMMARY: Council is in receipt of documentation for a proposal to submit an application for a Material Change of Use for extensions to office space (intensification of Commercial Activities) in the Canegrowers Building situated at 88 Rankin Street, Innisfail. The subject land is described as Lot 1 on RP734992 (Canegrowers Land) & Lot 2 on RP734992 (Council Land). The application requires the signature of Council to be able to lodge a properly made application as a portion of the development will be situated on Council land. Council would be aware of the proposal after the Board of Canegrowers Innisfail had a deputation to Council in April, where the proposal for the redevelopment of the Canegrowers Building was presented. Vehicle access is provided via Easement A in Lot 2 on RP734992 and proposed car parking spaces 28-36 extend on to a narrow section (drainage easement) of Lot 2. The proposed Plans and IDAS Forms have been attached for Council information on the proposed development. This report will allow Council the opportunity to assess the request from the applicant. Recommendation: That Council provide Owners Consent to the “Part A (Common Details) Form 1” required to allow Lot 2 on RP734992 to be included in the application for the Canegrowers Building. Moved Cr M Nolan



12.17pm Mr G Wilson re-entered the meeting. 12.27pm Mr D Trotter re-entered the meeting.


28 May 2009

NOTICE OF MOTION – EMPLOYMENT OF PARKING CONTROL OFFICER Moved Cr I Rule

Seconded Cr R Sorbello

Resolution Number 0533 “That Council give consideration to employing a Parking Control Officer as soon as possible for enforcement of regulated parking in the CBD area.”

AMENDMENT TO THE MOTION Moved Cr I Rule

Seconded Cr R Sorbello

Resolution Number 0534 “That Council give consideration through a Report by the Director of Planning and Environment, Mr JW Pettigrew, to employing a Parking Control Officer as soon as possible for enforcement of regulated parking in the CBD area and that the Report include all Regulated Parking issues.” CARRIED

The AMENDMENT to the Motion then became the Substantive Motion and on being put, the Substantive Motion was CARRIED UNNANIMOUSLY. NOTICE OF MOTION – TEMPORARY PARKING STRATEGY FOR INNISFAIL CBD Cr B Horsford withdrew his Notice of Motion given the discussion that had occurred and issues addressed in the amended preceeding motion.


28 May 2009

NOTICE OF MOTION – SAFETY CONCERNS AT MCGOWAN DRIVE ROUNDABOUT Moved Cr M Nolan

Seconded Cr I Rule

Resolution Number 0535 “That Council contact the Department of Main Roads advising them of several incidents that have occurred on McGowan Drive roundabout in recent weeks and request they urgently consider installing a traffic barrier on the eastern side to improve safety. Also, that Council Officers be requested to undertake an assessment of safety concerns at the basketball court adjacent to the McGowan Drive roundabout and if necessary Council consider the possible temporary closure of the basketball court until any identified concerns are addressed by the Department of Main Roads. ” CARRIED

GENERAL BUSINESS The following items were discussed during General Business:-

• Mayor Bill Shannon expressed his disappointment upon reading in the press that the Mission Beach Aquatic Festival and the Innisfail Carnivale will not be proceeding this year due to the cost of public liability, cost of security and lack of volunteers and suggested that perhaps Council may address some of these issues during its 2009/2010 Budget deliberations.

• Cr M Nolan requested Council Staff liaise with Department of Main Roads on the progress of the pedestrian rail on Cheeki Creek Bridge and advise the South Johnstone P&C Association.

12.48pm Cr J Downs and Cr M Nolan left the meeting. MEETING CLOSED TO THE PUBLIC (12.50PM) Moved Cr B Horsford Seconded Cr R Sorbello

Resolution Number 0536 “That in accordance with Section S463 1 (f) of

the Local Government Act 1993, Council close the meeting to the public to discuss legal matters pertaining to native title issues and enforcement issues on environmental and public nuisance matters.”

CARRIED


28 May 2009

MEETING RE-OPENED TO THE PUBLIC (3.05PM) Moved Cr R Sorbello

Seconded Cr J Downs

Resolution Number 0537 “That the meeting be re-opened to the public.”

CARRIED

INDIGENOUS LAND USE AGREEMENT – MAMU AND DJIRU PEOPLE Moved Cr M Nolan

Seconded Cr I Rule

Resolution Number 0538 1. “That Council resolves to enter into an Indigenous Land Use Agreement between the Cassowary Coast Regional Council and John Edwards, Victor Maund, Alfred Joyce, Stephen Brooks, Dean Purcell, Niree Appo, Robert Major and Billy Tinkum on behalf of the Ma:mu People in the terms of the Indigenous Land Use Agreement with such amendments as may be required to enable the Indigenous Land Use Agreement to be entered on the register of Indigenous Land Use Agreements held by the National Native Title Tribunal;

2. That Council delegate to its Chief Executive Officer the power to negotiate any changes to the Indigenous Land Use Agreement referred to in paragraph 1 which are required for the purpose of entering the Indigenous Land Use Agreement on the Register of Indigenous Land Use Agreements held by the National Native Title Tribunal;


28 May 2009

Continued…INDIGENOUS LAND USE AGREEMENT – MAMU AND DJIRU PEOPLE

3. That Council resolves to enter into an Indigenous Land Use Agreement between the Cassowary Coast Regional Council and Dawn Hart, Charity Ryan, Beryl Buller, Rae Kelly, Margaret Murray and John Andy on their own behalf and on behalf of the Djiru People #2 and the Djiru People #3 in the terms of the Indigenous Land Use Agreement with such amendments as may be required to enable the Indigenous Land Use Agreement to be entered on the register of Indigenous Land Use Agreements held by the National Native Title Tribunal;

4. That Council delegate to its Chief Executive

Officer the power to negotiate any changes to the Indigenous Land Use Agreement referred to in paragraph 3 which are required for the purpose of entering the Indigenous Land Use Agreement on the Register of Indigenous Land Use Agreements held by the National Native Title Tribunal.”

CARRIED

Item 5.2 CONFIDENTIAL CCRC-118/09 – AERODROME ROAD, MUNDOO – ENVIRONMENT AND PUBLIC NUISANCE ISSUES Executive Summary: A long running issue has resulted in Council staff having little choice but to initiate legal action to resolve. Part of the legal action involves the seizing and impoundment of unregistered vehicles present on Aerodrome and Douglas Roads, Mundoo. Further legal action includes prosecution for Breach of a Restraint Order to be heard in Innisfail Magistrates Court and a complaint of Public Nuisance to be heard in Cairns District Court. Recommendation: Report be received by Council. Moved Cr M Nolan


Resolution Number 0539 “That the Recommendation be adopted.”

CARRIED


28 May 2009

3.20pm The Mayor declared the meeting closed. CONFIRMED AS A TRUE AND CORRECT RECORD THIS 11th DAY OF JUNE 2009.

------------------------- MAYOR


28 May 2009

Appendix A – Policies


POLICY

Internal Audit Function Policy Number: 2.3.2 1. Authority

Local Government Finance Standard 2005 2. Objective To establish a policy about the provision of an internal audit function. 3. Provisions

(a) That Council not establish an internal audit function but in lieu thereof establish an audit

committee as detailed in its policy “Audit Committee”; (b) As required by the Local Government Finance Standard 2005 Council review this policy at

regular intervals not longer than 3 years.

Date of adoption: 28 May 2009 (see also resolution number 0268 dated 30 October 2008) Minute Number: 0519 Policy Review: within 3 years.


28 May 2009


POLICY

Audit Committee Policy Number: 2.3.1 2. Authority

Local Government Finance Standard 2005 2. Objective To establish a policy for the creation and operation of an Audit Committee and the establishment of an Audit Committee Charter. 3. Scope This policy shall apply to Council, its Audit Committee and staff subject to or responsible for the various functions of Council’s corporate governance activities. 4. Provisions

(a) Council will appoint an independent Audit Committee consisting of 3 qualified independent members and 3 Councillors;

(b) The Audit Committee shall carry out the obligations detailed in the Audit Committee Charter attached to this policy;

(c) Council may amend the Audit Committee Charter from time to time. Date of adoption: 28 May 2009 Minute Number: 0519 Policy Review: 3 years or as determined by Council.


28 May 2009

Audit Committee Charter

Title Audit Committee

Type Advisory Committee

Membership Crs Bill Shannon, Mark Nolan and Carmel Silvestro plus 2

independent members

Timing of meetings Minimum of three meetings per year to coincide with the external audit timetable

Chairperson To be appointed by Council but must be one of the two independent members

Agenda Delivery At least five days before meeting

Reporting to Council

Quorum Three members (two of whom must be Councillors)

Roles and Obligations The overall objective of the Audit Committee is to assist the Council and the Chief Executive Officer to discharge their duties and in particular:

• corporate governance and responsibilities in relation to the organisation's financial reporting, internal control systems, risk management systems and the audit function generally;

• maintain an independent and objective forum promoting transparency, accountability and the development of an ethical culture throughout the Council;

• receive reports from the external auditors and ensure that the audit program maintains its independence and effectiveness;

• ensure that recommendations from the external auditors are complied with;

• ensure compliance with statutory and regulatory obligations and in particular, compliance with relevant financial standards.

• ensure that effective risk management practices are in place;

• review the Council's financial statements. Exclusions For the sake of clarity, the following are excluded from the role of

the Audit Committee - • as an advisory committee, the Audit Committee has no

decision-making role. It makes recommendations to the Council;

• the Audit Committee has no role in relation to the setting of rates, fees or charges or the allocation of Council's budget expenditure.


28 May 2009


POLICY

ADVERTISING Policy Number: 2.1.1

1. Authority Local Government Finance Standard 2005 Sections 4 and 10 2. Purpose The purpose of this policy is to provide guidelines to control expenditure on advertisements placed by Council in various media to ensure that this advertising is in the public interest. 3. Scope This policy applies to any paid advertisement in any media to promote goods or services (including facilities) provided by the Council. This policy does not apply to advertising for: recruitment of staff, acquisition or disposal of property, plant and equipment, tenders or expressions of interest as part of Council’s procurement activities. The policy does not apply to reports published in media where no payment is made for the report. 4. Definitions The LGFS defines advertising as promoting to the public an idea, goods or services by using a medium commonly used for promoting ideas, goods or services and for which a fee is paid. Examples of mediums commonly used for promoting ideas, goods or services – magazine, newspaper, radio, television.


28 May 2009

5. Policy Statement

5.1 Principles

Advertising should be used where the purposes of the Council or the benefit of the community are advanced. It should not be used to promote the achievements or plans of councillors or groups of councillors. In particular, advertising that is paid for by Council should not be used to influence voters in an election.

5.2 Provisions 5.2.1 Limit on advertising

The Council may incur expenditure for advertising only if: (a) the advertising is for providing information or education to the public; and (b) the information or education is provided in the public interest; (c) the advertising falls into one of the categories set out in paragraph (b).

5.2.2. Acceptable advertising Acceptable uses of the Council money for advertising are: (a) to advise the public of a new or continuing service or facility provided by the

Council; (b) to advise the public about changes to an existing service or facility provided by the

Council; (c) to increase the use of a service or facility provided by the Council on a commercial

basis with a view to profit; (d) to change the behaviour of people in the Council area for the benefit of all or some

of the community or to achieve the objectives of the Council; (e) to advise the public of the time, place and content of scheduled meetings of the

Council; (f) to advise the public of the decisions made by the Council at its meetings; (g) to request comment on proposed policies or activities of the Council; (h) to advertise matters required by legislation to be advertised. 5.2.3 Restriction on advertising in election period The Council must not: (a) during the period of three months preceding an election of the Council, other than a

by-election; or


28 May 2009

(b) during the period after the date of a by-election is advertised until the day of the

election: (i) place advertisements relating to future plans unless, and only to the extent,

that those plans have been formally adopted by the Council; (ii) advertise the activities of the Council otherwise than in the manner and form

it is customary for the Council to advertise its activities; (iii) place advertisements which seek to influence support for particular

candidates, groups of candidates or potential candidates in the election; or (iv) bear the cost of advertisements featuring one or more councillors or

containing quotations attributed to individual councillors. Note: this does not preclude councillors appearing in unpaid publicity or other publicity where the cost is not borne by the Council.

5.2.4 Authorisation of advertising All expenditure on advertising must be approved by the Chief Executive Officer or the appropriate Director and that officer must ensure that:

(a) The expenditure is in accordance with this policy; (b) The cost of the advertisement is appropriate for the number of people it is intended

to inform and provides a commensurate benefit to the Council or to the public; (c) The cost is available in the relevant budget item and meets the usual requirements

for expenditure approvals.

5.2.5 Reporting

The Local Government Finance Standard 2005 requires a summary of advertising expenditure to be included in the Annual Report. To facilitate this, all advertising expenditure is to be coded to Advertising in the general ledger.

Date of adoption: 28 May 2009 Minute Number: 0519 Policy Review: 3 years or as determined by Council.


28 May 2009


POLICY

Entertainment and Hospitality Expenditure Policy Number: 2.1.2 1. Authority Local Government Act 1993 Local Government Finance Standard 2005 2. Objective To set standards for entertainment and hospitality incurred on Council’s behalf which meets legislative and community standards. 3. Scope This policy applies to all councillors and staff. 4. Definitions civic function: a function organised by Council to usually demonstrate hospitality, courtesy, recognition of significant achievement/s of an individual/s and group/s or recognition of milestone and the like. Examples include: citizenship ceremonies; welcome of visiting dignitaries. business function: a function organised by Council to further relationships and links with business and government important to the region and the outcomes being delivered to ratepayers by the Council. employer function: a function organised by Council for Councillors and staff including members of their family. These functions are in recognition of service, both in length and quality and are provided along with rewards to encourage aspirations to best value service for the Council and community. entertainment and hospitality: the provision of food, beverages or recreation as part of official business. working meal: the food and drink provided by Council to Councillors, Officers and agents of Council on a working day at Council premises (for example lunch provided at a Council meeting). 5. Policy statement


28 May 2009

5.1 Principles

(a) Council recognises that there are circumstances when the provision of entertainment and hospitality is appropriate and may result in the Council and the community receiving an intangible or indirect benefit. Examples of such circumstances may include building relationships and links with: interstate, intrastate and overseas dignitaries, representatives of business, industry, trade unions; recognised community organisations, the media and other levels of government; working with the local community to strengthen the social fabric of the local communities; working with employees to encourage them to aspire to provide the best value service to the community. As a publicly funded body, however, Council must ensure the public sector standards of accountability are maintained. Guiding principles to be followed in order to achieve high standards of ethical behaviour and accountability are entertainment expenditure must be reasonable, able to be justified as a benefit to the community and properly documented.

5.2 Provisions

(a) civic function those functions which meet the guiding principles are supported by this policy subject to: • authorisation by the Mayor; • the expenditure associated with these functions falling within the budget

allocation for the year; • a record of the purpose of the function, the number of attendees, a

description of the groups that were in attendance and a breakdown of the costs incurred being maintained by the Chief Executive Officer.

(b) business function

those functions which meet the guiding principles are supported by this policy subject to: • authorisation by the Mayor or Chief Executive Officer; and • the expenditure associated with these functions falling within the budget

allocation for the year;

Authorisations limits are:

• Mayor or Chief Executive Officer - expenditure up to $50 per head where expenditure is within budget;

• Director- expenditure up to $35 per head where expenditure is within budget subject to such expenditure being countersigned by the Chief Executive Officer;

• Full Council- where expenditure exceeds the limits outlined above or the expenditure does not fall within budget.

Responsibilities:

• monitoring of the budget shall rest with the Chief Executive Officer or the

relevant Director;


28 May 2009

• a record of the purpose of the function, the number of attendees, a description of the groups that were in attendance and a breakdown of the costs incurred must be maintained by the Chief Executive Officer;

• where a Director authorises expenditure that Officer must provide the details the Chief Executive Officer is required to record;

• where the Chief Executive Officer or Director authorises payment of an invoice from the supplier of entertainment and hospitality, a Fringe Benefits Tax Declaration must be completed and attached to the invoice;

• in making any claim for expenses associated with entertainment and hospitality, an Officer or Councillor must complete the appropriate expense claim form which must be supported by tax invoices obtained from the supplier and also a Fringe Benefits Tax Declaration;

• officers or councillors authorised to incur expenditure on Council’s behalf under this part of the policy, may utilise, where applicable, a Council credit card provided to them.

(c) employer function

those functions which meet the guiding principles are supported by this policy subject to: • authorisation by the Chief Executive Officer; and • the expenditure associated with these functions falling within the budget

allocation for the year;


• Chief Executive Officer - expenditure up to $50 per head where expenditure is within budget;

• Full Council- where expenditure exceeds the limits outlined above or the expenditure does not fall within budget.

Responsibilities:

• monitoring of the budget shall rest with the Chief Executive Officer and the

relevant Director; • a record of the purpose of the function, the number of attendees, a

description of the groups that were in attendance and a breakdown of the costs incurred must be maintained by the Chief Executive Officer;

• where the Chief Executive Officer authorises payment of an invoice from the supplier of entertainment and hospitality, a Fringe Benefits Tax Declaration must be completed and attached to the invoice;

• in making any claim for expenses associated with an approved employer function, an Officer must complete the appropriate expense claim form which must be supported by tax invoices obtained from the supplier and also a Fringe Benefits Tax Declaration;

• officers incurring expenditure on behalf of Council may utilise Council provided credit cards where the function is preapproved by the Chief Executive Officer.

(d) working meal

those occasions which meet the guiding principles are supported by this policy subject to: • authorisation by the Chief Executive Officer or Director; and


28 May 2009

• the expenditure associated with these functions falling within the budget allocation for the year;


• Chief Executive Officer - expenditure up to $20 per head where expenditure

is within budget; • Director- expenditure up to $15 per head where expenditure is within budget • Full Council- where expenditure exceeds the limits outlined above or the

expenditure does not fall within budget.

Responsibilities:

• monitoring of the budget shall rest with the Chief Executive Officer and the relevant Director;

• a record of the occasion need not be made however if the meal provided is subject to Fringe Benefits Tax then the required declaration form must be completed and attached to the invoice from the supplier of the meal by the officer authorising the expenditure;

• officers incurring expenditure on behalf of Council may utilise Council provided credit cards.

Date of adoption: 28 May 2009 Minute Number: 0519 Policy Review: 3 years or as determined by Council.

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