General Meeting of Council

MINUTES

Meeting held in the Central Highlands Regional Council Chambers, Emerald Office

Wednesday 9 December 2015

Commenced at 1.58pm

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

WEDNESDAY 9 DECEMBER 2015

MINUTES CONTENTS

PRESENT .................................................................................................................................................... 3 APOLOGIES ................................................................................................................................................ 3 LEAVE OF ABSENCE ................................................................................................................................. 3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................................................... 3 General Council Meeting: 25 November 2015 .............................................................................................. 3 OUTSTANDING MEETING ACTIONS ......................................................................................................... 3 CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS ............................................................... 3 COMMITTEE RECOMMENDATIONS / NOTES ........................................................................................... 4 Minutes of Meeting – Audit Committee Meeting – 17 November 2015 .......................................................... 4 INFRASTRUCTURE AND UTILITIES’ SECTION ......................................................................................... 4 Springsure-Tambo Road – Funding For Future Design ................................................................................ 4 Raising of New Street, Emerald – Evacuation Route .................................................................................... 4 Full Engineering Design – Emerald Flood Protection Scheme ...................................................................... 5 CORPORATE SERVICES’ SECTION .......................................................................................................... 5 November Financial Report .......................................................................................................................... 5 Budget Review 1 .......................................................................................................................................... 6 COMMUNITIES’ SECTION .......................................................................................................................... 6 Donation of Dragon Sculpture....................................................................................................................... 6 Relocation of Lions Club Springsure ............................................................................................................. 7 Blackwater Priority Development Areas managed by Economic Development Queensland (EDQ) .............. 7 Proposal to Undertake a Minor Amendment to Draft Central Highlands Regional Council Planning Scheme

(Amendment No. 1) .............................................................................................................................. 8 Submission of Draft Central Highland Regional Council Panning Scheme (Amendment no. 2) for State

Interest Review .................................................................................................................................... 8 Development Application – 4068/13 – Gemfields Lapidary and Craft Club – 900 Anakie Sapphire Road,

Sapphire ............................................................................................................................................... 9 GOVERNANCE SECTION ......................................................................................................................... 13 Delegation of Powers – Council to Chief Executive Officer ......................................................................... 13 GENERAL BUSINESS ............................................................................................................................... 14 Item of Business – Cr Maundrell ................................................................................................................. 14 Construction of the Proposed New Blackwater Aquatic Centre ................................................................... 21 Vote of Thanks ........................................................................................................................................... 21 CLOSURE OF MEETING ........................................................................................................................... 21

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 3 MINUTES – GENERAL MEETING HELD AT 1.58PM WEDNESDAY 9 DECEMBER 2015 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE

PRESENT Councillors Councillor (Crs) P. Maguire (Mayor), G.Nixon (Deputy Mayor) Councillors (Crs) P. Bell AM, C. Brimblecombe, K. Cracknell, G. Godwin-Smith, K. Pickersgill, G. Sypher Officers Chief Executive Officer S. Mason, General Manager Communities B. Duke, Acting General Manager Corporate Services A. Grant, Acting General Manager Infrastructure and Utilities M. Parker, General Manager Commercial Services M. Webster, Coordinator Communications A. Ferris, Minute Secretary M. Wills Opening Prayer Pastor Stephen Jaensch (Emerald Lutheran Church) delivered the opening prayer. APOLOGIES Cr P. Maundrell LEAVE OF ABSENCE Resolution: Cr Nixon moved and seconded by Cr Pickersgill “That a leave of absence be granted for Cr P. Maundrell for today’s meeting.” 2015 / 12 / 09 / 001 Carried (8-0) CONFIRMATION OF MINUTES OF PREVIOUS MEETING General Council Meeting: 25 November 2015 Resolution: Cr Brimblecombe moved and seconded by Cr Sypher “That the minutes of the previous General Meeting held on 25 November 2015 be confirmed.” 2015 / 12 / 09 / 002 Carried (8-0) BUSINESS ARISING OUT OF MINUTES Nil OUTSTANDING MEETING ACTIONS Nil CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS Nil

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 4

COMMITTEE RECOMMENDATIONS / NOTES Minutes of Meeting – Audit Committee Meeting – 17 November 2015 Resolution: Cr Bell moved and seconded by Cr Brimblecombe “That the minutes of the Audit Committee Meeting held on 17 November 2015 be endorsed.” 2015 / 12 / 09 / 003 Carried (8-0) Attendance Manager Finance S. Fogg attended the meeting at 2.07pm

INFRASTRUCTURE AND UTILITIES’ SECTION Springsure-Tambo Road – Funding For Future Design Executive summary Council has been requested by the Upper Nogoa Community Group to allocate funding, and implement a program of design works for the Dawson Development Road (Springsure-Tambo). Resolution: Cr Nixon moved and seconded by Cr Pickersgill “That the Central Highlands Regional Council advise the Upper Nogoa Community Group that its request for an allocation of funding to allow design works on sections of the Springsure-Tambo Road will be considered by Council in the formulation of the 2016/17 financial year budget and in consultation with the Department of Transport and Main Roads. Further advise that while Council is supportive of the concept of having fully designed projects available for funding opportunities, is it noted that this road is a Transport and Main Roads Department asset.” 2015 / 12 / 09 / 004 Carried (8-0) Raising of New Street, Emerald – Evacuation Route

Executive summary Part of a Resolution adopted by Council on June 24, 2015 was: “Use the approved grant funding to raise New Street as an Evacuation Route, subject to further modelling regarding drainage structures.” Council subsequently received further information from the contracted designers of the levee regarding the height and incorporation of drainage structures in the design. Full design is now complete and costed. A funding agreement for the State Government contribution to the project is being arranged. Resolution: Cr Brimblecombe moved and seconded by Cr Bell “That the Central Highlands Regional Council:

1. Approve that the Chief Executive Officer sign the funding agreement when received from the State Government, under the Royalties for the Region Program, for $800,000 subsidy towards the cost of raising New Street, Emerald, as an evacuation route;

2. Approve a Capital budget allocation of $2,130,000 for the raising of New Street, Emerald, as an evacuation route, offset by $800,000 in subsidy from the State Government, with the funding to be allocated from the Future Reserve;

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 5

3. Approve a reduction in the budget allocation for the full design of the proposed flood mitigation levee from $4,000,000 to $2,670,000 to offset the allocation to the New Street raising; and

4. Immediately commence public information sessions to fully inform the residents in the emersions of New Street, and any other interested residents, about the intended construction program.”

2015 / 12 / 09 / 005 Carried (8-0) Full Engineering Design – Emerald Flood Protection Scheme

Executive summary At the Council meeting held on June 24, 2015, a resolution was passed that included: “Undertake a staged procurement process for the full design of the preferred levee alignment option, in the knowledge that full design will provide Council with a quantity surveyed estimate to determine if the project is financially viable and able to proceed.” Tenders for “early works” incorporating survey, geotechnical, and ecological studies have been decided by Council. Tenders for the full engineering design have been called, and the result is now presented. Resolution: Cr Brimblecombe moved and seconded by Cr Bell “That the Central Highlands Regional Council use the provisions of Section 228 (7) of the Local Government Regulation 2012 and request that the four (4) tenderers change their tender to take account of Council’s wish to:

(a) have prepared a concept/preliminary design; (b) have prepared a risk analysis; (c) have prepared a cost estimate; and (d) have prepared a business case.

that will enable Council to secure Federal and State Government funding contributions to the project.” 2015 / 12 / 09 / 006 Carried (7-1)

CORPORATE SERVICES’ SECTION November Financial Report

Executive summary Each month a Financial Report which summarises the financial performance and position of Council is presented for information purposes. While this report complies with statutory obligations, it is also intended to provide additional information to keep Councillors informed in relation to relevant financial matters of Council. Resolution: Cr Godwin-Smith moved and seconded by Cr Sypher “That Council receive the Monthly Financial Report for the month ended 30 November 2015 as tabled.” 2015 / 12 / 09 / 007 Carried (8-0) Attendance General Manager Communities B. Duke left the meeting at 2.39pm

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 6 Budget Review 1

Executive summary Council must complete an annual budget and long term financial plan each financial year based on the best available information at the time. During the course of the year variances may occur and Council can decide to vary its budget by resolution. The 2015/16 budget has been reviewed based on actuals to the 31 October 2015 and a number of changes are being suggested. Overall the budget remains in a balanced position. Resolution: Cr Bell moved and seconded by Cr Sypher “That in accordance with sections 169 and 170 of the Local Government Regulation 2012 Central Highlands Regional Council adopt the amendment to the budget including:

1. The statement of income and expenditure; 2. The statement of financial position; 3. The statement of cash flow; 4. The statement of changes in equity; 5. The relevant indicators of sustainability; and 6. Capital program 2015/16.”

2015 / 12 / 09 / 008 Carried (8-0) Attendance Manager Finance S. Fogg left the meeting at 2.41pm General Manager Communities B. Duke returned to the meeting at 2.41pm

COMMUNITIES’ SECTION Donation of Dragon Sculpture

Executive summary A young local sculptor, Jase Moore, crafted a large art-work piece out of scrap metal named the Emerald Dragon that was displayed at the Emerald Show attracting lots of interest. The sculpture was purchased by a lady from New South Wales who wishes to remain anonymous. The buyer’s generous intention is to donate it for public display in Emerald, although Rockhampton City Council has expressed an interest in it if this offer is rejected. A site next to the Emerald Visitor Centre has been chosen from a number of possibilities primarily because it will be a talking point for visitors and makes a nice addition to the Emerald Walking Trail that includes the town’s other public art pieces. The sculpture is large, spikey and has sharp edges, so it will be raised off the ground and fenced to reduce safety risk. The cost of the installation is expected to be minimal and ongoing maintenance cost will be included in the Morton Park budget. This is a worthwhile initiative that supports a local artist and provides a quirky feature to add value to Emerald’s tourism experience. Resolution: Cr Sypher moved and seconded by Cr Godwin-Smith “That Council accepts the donation of the Emerald Dragon and that the sculpture be located and installed in the park area adjacent to the Emerald Visitor Information Centre.” 2015 / 12 / 09 / 009 Carried (8-0)

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 7 Relocation of Lions Club Springsure

Executive summary The Springsure Lions Club has requested approval to build a 12 m x 6 m shed to store equipment and a vehicle on the ‘skate park’, which is council-owned land on the corner of Leichhardt and Eclipse Streets. The club has recently formed a Leo’s group for junior Lions’ members and considers the skate park a suitable venue for the group to ‘adopt’ and provide some monitoring and maintenance activities and possibly improvements in the future. While the Lions’ do have a park on the outskirts of town, this site is preferred because it’s less isolated, easier to get to and safer. The club does not require water, sewerage or power to the shed and intends to pay all costs associated with its construction and will ensure the design and colour complement the area. Council can approve a no-fee right-of-use agreement for 20 years to give security of occupancy with appropriate conditions. Accepting the recommendation not only gives the skate park some extra care and security, but acknowledges the value of the Lions Club to the local community. Resolution: Cr Nixon moved and seconded by Cr Godwin-Smith “That council agree to the request from the Springsure Lions Club to occupy a 15 m x 9 m area of council-owned land at the corner of Leichhardt and Eclipse Street, Springsure (L401 S871) to erect a storage shed subject to appropriate conditions. That a right-of-use agreement for a term of 20 years between Central Highlands Regional Council and the Springsure Lions Club be negotiated and signed by both parties.” 2015 / 12 / 09 / 010 Carried (8-0) Attendance Manager Planning and Environment P. Jeston attended the meeting at 2.45pm Mayor Cr P. Maguire left the meeting at 2.48pm Cr Nixon assumed the Chair Blackwater Priority Development Areas managed by Economic Development Queensland (EDQ)

Executive summary This paper outlines the background on the Economic Development Act 2012 (the ED Act) and Economic Development Queensland management of the two Blackwater Priority Development Areas (PDAs). This paper outlines legislative measures to transfer back the planning assessment to council and makes recommendations to proceed with the transfer provisions. The Development Unit of Economic Development Queensland (EDQ) is currently finalising a Native title process across vacant land within Blackwater, with a Indigenous Land Use Agreement in place and awaiting registration with the National Native Title Tribunal. Mining leases do not exist over the Blackwater Priority Development Areas. There are a number of Exploration Permit Coal (approvals) in the Blackwater Priority Development Areas however these are considered low risk by EDQ and do not require addressing. Urban townships within Central Queensland do have some protection from mining activities through the Central Queensland Regional Plan’s designated Priority Living Areas.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 8 Resolution: Cr Bell moved and seconded by Cr Godwin-Smith “That Central Highlands Regional Council: 1. Work collaboratively with Economic Development Queensland to achieve a hand-over process for the

Blackwater Priority Development Areas including, as an interim step, the delegation of ministerial planning authority to Council; and

2. Economic Development Queensland’s Development Unit would continue to maintain management of

Native Title over leasehold land within Blackwater as well as previous developments undertaken by Economic Development Queensland (e.g. Blue Ridge Estate); and

3. The ongoing management of development initiated by Economic Development Queensland shall need

to form part of the negotiations for the hand-over of the Blackwater Priority Development Areas (PDAs), prior to Council finalising any amendments to the Planning Scheme to incorporate Blackwater PDAs.”

2015 / 12 / 09 / 011 Carried (8-0) Attendance Principal Planner Strategic Planning Unit A. Aylward attended the meeting at 2.52pm Mayor Cr P Maguire returned to the meeting at 2.52pm and resumed the chair Proposal to Undertake a Minor Amendment to Draft Central Highlands Regional Council Planning Scheme (Amendment No. 1)

Executive summary This report gives an overview of the content and legislative process as related to the proposed Amendment no. 1 of the Draft Central Highlands Regional Council. The purpose of this report is to seek approval from Central Highlands Regional Council to prepare a minor amendment to the Draft Central Highlands Regional Council Planning Scheme. Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That Central Highlands Regional Council:

1. Pursuant to Section 117 of the Sustainable Planning Act 2009 proposes to prepare a minor Planning Scheme amendment for the Draft Central Highlands Regional Council Planning Scheme by preparing a package to amend provisions for new development in the flood plain.

2. Resolve that the Minister of the Department of State Development, Infrastructure and Planning be

advised of Council’s resolution as per Section 117 of the Sustainable Planning Act 2009 that it proposes to prepare a minor amendment to the Draft Planning Scheme for the Central Highlands Regional Council area.”

2015 / 12 / 09 / 012 Carried (8-0) Submission of Draft Central Highland Regional Council Panning Scheme (Amendment no. 2) for State Interest Review

Executive summary The purpose of this report is to seek approval from Council to submit the second amendment of the Draft Central Highlands Regional Council Planning Scheme to the Minister for Infrastructure, Local Government and Planning, to undertake the first State Interest Review. The content of the second amendment consists of a Compliant Local Government Infrastructure Plan and a number of significant changes to the planning scheme that are an outcome of the public consultation of the Draft Central Highlands Regional Council Planning Scheme and subsequent Councillor workshops. This report gives an overview of the legislative

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 9 process for the adoption of a major amendment to the new planning scheme and our position within this process. Resolution: Cr Brimblecombe moved and seconded by Cr Pickersgill “That Central Highlands Regional Council: 1. In accordance with Section 117(1) of the Sustainable Planning Act 2009 and Part B 2.4 B Stage 1

(Planning and Preparation), Step 3.5 of the Statutory guideline 04/14, resolve to submit Amendment no. 2 of the draft Central Highlands Regional Council Planning Scheme package to the Minister for Infrastructure, Local Government and Planning to undertake Stage 2 (Review) and request agreement to proceed with Stage 3 (Public Consultation); and

2. Authorise the Chief Executive Officer to resolve administrative matters relating to the finalisation of

the submission of the Draft Central Highland Regionals Council Planning Scheme (Amendment No. 2) for its first State Interest Review.”

2015 / 12 / 09 / 013 Carried (8-0) Attendance Principal Planner Strategic Planning Unit A. Aylward left the meeting at 3.04pm Coordinator Development Assessment A. de Klerk and Principal Planner Development Assessment S. Ronnfeldt attended the meeting at 3.04pm Development Application – 4068/13 – Gemfields Lapidary and Craft Club – 900 Anakie Sapphire Road, Sapphire Executive summary An application has been received for a Material Change of Use to retrospectively grant approval to a shed to be used as a Public Centre, specifically for the promotion of interest and education in lapidary. The use is to co-exist with other community groups that operate from Roy Day Park. The proposal is defined as a Community Use – Community Purpose Number 3 – Public Centre. The shed has been donated by a local member of the club, the land provided by Central Highlands Regional Council and the construction work completed by volunteers. The shed houses a number of tools and machines used for demonstrating lapidary techniques and for teaching in various classes. The official opening of the club was held on 3 August 2013. Electricity was connected to the building in June this year. The application was assessed at the Impact level and attracted one submission. It has been assessed against the Emerald Shire Planning Scheme (No 3-2013) and can be considered compliant, with appropriate conditions. Resolution: Cr Sypher moved and seconded by Cr Nixon “That the Development Application for a Material Change of Use: Community Use (Community Purpose Number 3 – Public Centre) on land located at 900 Anakie Sapphire Road, Sapphire, described as Lot 76 on SP113230, be approved subject to the following conditions: 1.0 ADMINISTRATION 1.1 The Developer is responsible for ensuring compliance with the conditions of this development

approval and the Conditions of the approval by an employee, agent, contractor or invitee of the Developer.

1.2 Where these Conditions refer to “Council” in relation to requiring Council to approve or to be satisfied as to any matter, or conferring on the Council a function, power or discretion, that role of the Council may be fulfilled in whole or in part by a delegate appointed for that purpose by the Council.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 10 1.3 All conditions of this development approval must be undertaken and completed to the satisfaction of

Council, at no cost to Council.

1.4 All conditions, works, or requirements of this development approval must be undertaken and completed prior to the commencement of the use, unless otherwise stated.

1.5 All works must be designed, constructed and maintained in accordance with the relevant Council policies, guidelines and standards, unless otherwise stated.

1.6 All engineering drawings/specifications, design and construction works must be in accordance with the requirements of the relevant Australian Standards and must be approved, supervised and certified by a Registered Professional Engineer of Queensland.

1.7 All conditions, works, or requirements of this development approval relating to the existing non-compliant public centre must be undertaken and completed:

1.7.1 to Council’s satisfaction;

1.7.2 at no cost to Council; and

1.7.3 within six (6) months of the date of this Decision Notice, unless otherwise stated.

2.0 APPROVED PLANS AND DOCUMENTS 2.1 The approved development must be completed and maintained generally in accordance with the

approved plans and documents, except where amended by any condition of this development approval:

Plan/Document Name Plan/Document Reference Prepared By

Site Plan Not stated Not stated

Front and Rear Elevations J21500001391 Emerald Sheds and Garages

Left and Right Elevations J21500001391 Emerald Sheds and Garages

2.2 Where there is any conflict between the conditions of this development approval and the details shown on the approved plans and documents, the conditions of approval must prevail.

2.3 Where conditions require the above plans or documents to be amended, the revised document(s) must be submitted for approval by Council.

3.0 ACCESS AND PARKING WORKS 3.1 All access works must be designed and constructed in accordance with the approved plans (refer to

condition 2.1), Capricorn Municipal Development Guidelines, and Australian Standard AS2890 “Parking facilities”.

3.2 All parking spaces, access driveway(s), and vehicular manoeuvring areas associated with the proposed development must be constructed to an all-weather standard.

3.3 All vehicles must ingress and egress the development in a forward gear.

3.4 Adequate sight distances must be provided for all ingress and egress movements at the access driveways in accordance with Australian Standard AS2890.2 “Parking facilities - Off street commercial vehicle facilities”.

3.5 A minimum of three (3) parking spaces must be provided on-site.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 11 4.0 PLUMBING AND DRAINAGE WORKS 4.1 All internal plumbing and drainage works must be designed and constructed in accordance with

Capricorn Municipal Development Guidelines, Water Supply (Safety and Reliability) Act, Plumbing and Drainage Act and Council’s Plumbing and Drainage Policies (if applicable).

4.2 Alteration or relocation of internal sanitary drainage works associated with the existing building must be in accordance with regulated work under the Plumbing and Drainage Act.

4.3 Alteration, disconnection or relocation of internal plumbing and sanitary drainage works associated with the existing building must be in accordance with regulated work under the Plumbing and Drainage Act and Council’s Plumbing and Drainage Policies.

4.4 All sanitary drainage works must comply with Australian Plumbing and Drainage Standard AS3500 Part 2 section 3 and 4 for flood affected areas.

4.5 All plumbing and drainage works must be undertaken in accordance with Queensland Development Code MP1.4 for building over or near relevant infrastructure.

5.0 STORMWATER WORKS 5.1 All stormwater must drain to a demonstrated lawful point of discharge and must not adversely affect

surrounding land or infrastructure in comparison to the pre-development condition, including but not limited to blocking, altering or diverting existing stormwater runoff patterns or having the potential to cause damage to other infrastructure.

5.2 The development must not increase peak stormwater runoff for a selected range of storm events up to and including the one in one hundred year storm event (100 year Average Recurrence Interval) for the post development condition.

6.0 ROOF AND ALLOTMENT DRAINAGE WORKS 6.1 All roof and allotment runoff from the development must be directed to a lawful point of discharge

and must not restrict, impair or change the natural flow of runoff water or cause a nuisance to surrounding land or infrastructure.

6.2 The development must not increase peak stormwater runoff for a selected range of storm events up to and including the one in one hundred year storm event (100 year Average Recurrence Interval) for the post development condition.

7.0 SITE WORKS 7.1 Site works must be constructed such that they do not, at any time, in any way restrict, impair or

change the natural flow of runoff water, or cause a nuisance or worsening to surrounding land or infrastructure.

7.2 Retaining structures above one (1) metre in height that are not incidental works to a Development Permit for Building Works, must not be constructed unless separately and specifically certified by a Registered Professional Engineer of Queensland and must be approved as part of a Development Permit for Operational Works (site works).

7.3 Any vegetation cleared or removed must be:

(i) mulched on-site and utilised on-site for landscaping purposes, in accordance with the landscaping plan approved by Council; or

(ii) removed for disposal at a location approved by Council;,

within sixty (60) days of clearing. Any vegetation removed must not be burnt.

8.0 BUILDING WORKS

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 12 8.1 Any lighting devices associated with the development, such as sensory lighting, must be positioned

on the development site and shielded so as not to cause glare or other nuisance to nearby residents and motorists. Night lighting must be designed, constructed and operated in accordance with Australian Standard AS4282 “Control of the obtrusive effects of outdoor lighting”.

8.2 All services and utilities connected to the property, including electrical outlets, must be designed and installed at such a height that they are a minimum of 500 millimetres above the Q100 flood level.

8.3 Any application for a Development Permit for Building Works must be accompanied by a detailed structural engineering report and a building certificate prepared by a suitably qualified Registered Professional Engineer of Queensland, which demonstrates that the building has been designed to withstand the forces created by floodwaters and debris loading.

9.0 LANDSCAPING WORKS 9.1 Landscaping, or any part thereof, upon reaching full maturity, must not:

(i) obstruct sight visibility zones as defined in the Austroads ‘Guide to Traffic Engineering Practice’ series of publications;

(ii) adversely affect any road lighting or public space lighting; or

(iii) adversely affect any Council infrastructure, or public utility plant.

10.0 ELECTRICITY AND TELECOMMUNICATIONS 10.1 Electricity and telecommunication connections must be provided to the proposed development to

the standards of the relevant authorities.

11.0 ASSET MANAGEMENT 11.1 Any alteration necessary to electricity, telephone, water mains, sewerage mains, and/or public utility

installations resulting from the development or in connection with the development, must be at full cost to the Developer.

11.2 Any damage to existing kerb and channel, water supply and sewerage infrastructure, pathway or roadway (including removal of concrete slurry from public land and Council infrastructure) that occurs while any works are being carried out in association with this development approval must be repaired at full cost to the developer. This includes the reinstatement of any existing traffic signs or pavement markings that may have been removed or damaged.

11.3 ‘As Constructed’ information pertaining to assets to be handed over to Council and those which may have an impact on Council’s existing and future assets must be provided prior to the commencement of the use. This information must be provided in accordance with the Manual for Submission of Digital As Constructed Information.

12.0 OPERATING PROCEDURES 12.1 All construction materials, waste, waste skips, machinery and contractors’ vehicles must be located

and stored or parked within the development site. Storage of materials, or parking of construction machinery or contractors’ vehicles must not occur within Anakie Sapphire Road.

12.2 When requested by Council, nuisance monitoring must be undertaken and recorded within three (3) months, to investigate any complaint of nuisance caused by noise, light or dust. An analysis of the monitoring data and a report, including nuisance mitigation measures, must be provided to Council within fourteen (14) days of the completion of the investigation.

12.3 All waste storage areas must be:

12.3.1 kept in a clean and tidy condition; and

12.3.2 maintained in accordance with Environmental Protection Regulation 2008.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 13

** END OF CONDITIONS **

ADVISORY NOTES

NOTE 1. Aboriginal Cultural Heritage

It is advised that under section 23 of the Aboriginal Cultural Heritage Act 2003, a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are listed in the Aboriginal cultural heritage legislation. The information on Aboriginal cultural heritage is available on the Department of Aboriginal and Torres Strait Islander and Multicultural Affairs website www.datsima.qld.gov.au.

NOTE 2. General Environmental Duty

General environmental duty under the Environmental Protection Act 1994 prohibits unlawful environmental nuisance caused by noise, aerosols, particles, dust, ash, fumes, light, odour or smoke beyond the boundaries of the development site during all stages of the development including earthworks, construction and operation.

NOTE 3. General Safety Of Public During Construction

The Work Health and Safety Act 2011 and Manual of Uniform Traffic Control Devices must be complied with in carrying out any construction works, and to ensure safe traffic control and safe public access in respect of works being constructed on a road.

NOTE 4. Infrastructure Charges Notice This application is not subject to infrastructure charges.

2015 / 12 / 09 / 014 Carried (8-0) Attendance Coordinator Development Assessment A. de Klerk and Principal Planner Development Assessment S. Ronnfeldt left the meeting at 3.09pm Governance Officer M. Ryan attended the meeting at 3.09pm

GOVERNANCE SECTION Delegation of Powers – Council to Chief Executive Officer

Executive summary Recent updates and changes to legislation require the existing delegation of powers from Council to Chief Executive Officer (CEO) to be updated. The Council to Chief Executive Officer delegations register now reflects these legislative changes and is presented to Council for resolution. Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That under the powers of Section 257 of the Local Government Act 2009, Council delegate to the Chief Executive Officer, the exercise of its powers under the legislation contained in the attached 2015 Delegations Register – Council to Chief Executive Officer.” 2015 / 12 / 09 / 015 Carried (8-0) Attendance Governance Officer M. Ryan left the meeting at 3.11pm

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 14

GENERAL BUSINESS (Verbal matters raised by Councillors either as a question, acknowledgement and or additional follow-up by officers) Item of Business – Cr Maundrell

1. Further to the previous question no 3 tabled at the last council meeting :-

I would like to see a proposal on methods that Council is able to stimulate the local economy and businesses by ramping up the capital expenditure budget by 30 June 2016.

My understanding is that only $26m of the $80m budget has been spent/ awarded by the council to date. We need to work out ways that we can use local businesses in that process and ensure that the capital budget is spent during the year to stimulate the local economy.

RESPONSE: from Infrastructure and Utilities Department A managed Contractor model does suit this outcome for civil work. Council does have Capex to be commenced and these items will be considered for optimum local spend wherever possible, as is always the case. Development of a “proposal” is accepted , and Infrastructure and Utilities will work with procurement to present an outcome to Council in January 2016. Approximately 80% of the Capex budget remains to be spent. Infrastructure are on target to achieve 100% of roads and drainage CAPEX by June 30.

The majority of unspent CAPEX is in water utilities. The smaller expenditure items can be targeted at local business, if the expertise is available.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 15

Operational Plan 2015 - 2016 Quarter 1

2. Questions 1,2 & 4 may be assisted by appointing a dedicated council staff member to lobby government. A dedicated person in Council could work in with CHDC for the purpose of both writing grant submissions and lobbying State and Federal Governments such as infrastructure costs, raising the Vince Lester Bridge, Blackwater Hospital , Panorama Creek etc.

There are currently a number of state government programs which could help with the Freight Hub and Meatworks proposal.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 16

RESPONSE: from Chief Executive Officer I thank the Councillor for the question. Resourcing CHDC has recently been considered by Council. At that session, prioritisation was undertaken to determine what projects would be pursued and which ones would drop off given the limitation of resourcing. I believe Council should re-visit this matter and allocate additional resources to CHDC, Councils economic development influencer and driver. I also note that the latest formal direction from Council to its Chief Executive Officer as part of the formal performance appraisal process was for him to be more directly involved in lobbying activities and economic development opportunities.

3. Question 6. I think we need to be a more innovative about the removal of trees especially due

to the climate in the region. To remove shady trees to obtain extra parking , I would believe is inappropriate.

RESPONSE: from Infrastructure and Utilities Department

It was not extra parking, the third tree was removed to replace the parking spaces lost through relocation of the pedestrian crossing. The point is taken about tree removal and retention will be the primary desire in future urban works design

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 17 4. Question 7. We need to communicate to the Gemfields what is being done & it may be

necessary that we write to Telstra along with the State Member.

RESPONSE: Communities More follow-up required then letters to Telstra and politicians

5. Is there a way that we can communicate storm warnings to the general public based on

the information provided by Glenn Bell at council.

RESPONSE: from Infrastructure and Utilities Department The BOM warnings are issued via media outlets. I have heard them on ABC and 4HI. The BOM warnings are the same as the State Disaster Coordination Centre. Council does have SMS capability that could be developed to transmit BOM warning s if the Council directed. Report to be prepared and presented to Council.

6. Question 16 does not appear to have been answered properly. Is Council committed to these costs?

RESPONSE: from Chief Executive Officer I thank the Councillor for the question. Several meetings have been held with the Golf Club, all with a view to providing them with status updates on the Emerald Flood Protection Scheme. At the latest meeting, the Deputy Mayor and I met with five Golf Club representatives on September 15, 2015. It was advised that $7,000 expenditure has been incurred to date by the Golf Club on architectural services that involved two site visits. It was also advised that it takes two years from the construction of new holes until they settle down sufficiently so they can be played upon. Therefore timing and early planning is essential. A decision has yet to be made as to whether the costs will be reimbursed by Council. Indications to date

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 18 is that they could and should be. I believe a budget allocation should be incorporated as part of the Project for reimbursement of these costs and reasonable future costs.

7. Question 17. I would have thought that moving shade sales from Blackwater to Emerald

would have cost more in labour than the cost of getting new materials . It also gives the impression that Council is taking assets from Blackwater and giving it to Emerald.

RESPONSE: from Communities Department To provide further response to this issue, the following items were considered; • Cost of a new shade structure would have been approx. $15k (Purchase $8.5k, Erection $3k, Cement

$3K), plus costs to dismantle and transport (approx. $5k) • As I understand it there was no community consultation regarding the removing of the structure, it

was a management decision to better utilize a underperforming asset at a more suitable location within CHRC

• There were no requests regarding the retention and or relocation of the shade structure in or around Blackwater

• It’s currently being well used in Emerald off-leash dog park Further research to be undertaken across CRM and CRG responses regarding what steps are being proposed by Telstra here to make sure these Gemfields townships have unique identities (further advice to Council will follow). 8. Has council considered purchasing land held by developers and currently on the market for

sale. By purchasing land now , we may avoid the need for resumptions and/or provide council with a bank of land available for future use and development incentives.

RESPONSE: from Chief Executive Officer I thank the Councillor for the question. Recent formal direction from Council to its Chief Executive Officer is that the matter of ‘land banking’ should be considered. I note the Councillor has provided some suggestions on potential land acquisition opportunities which are being considered. A logical extension of the Vacant Land Strategy initiative which considers the future use opportunities and potential for land Council has an interest in, including the disposal of appropriate land, is for Council to identify lots it seeks to acquire also. Further, Council is undertaking in depth geo-technical works for proposed levee alignment as part of the Emerald Flood Protection Scheme. Once finalised, Council will be in a sound position to identify lots of interest, noting of course, that a decision to construct levees has not been made by Council. Further again, it is the position of Council under its Acquisitions Policy pertaining to the Emerald Flood Protection Scheme to not purchase any property, but rather to offer to landholders the ability to enter into an Option Agreement with Council.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 19 9. What are the current/future charges that have been agreed with Sunwater with respect to the

amount Council pay for water consumption in Emerald.

RESPONSE: from Infrastructure and Utilities Department No agreement as yet. State wide approach is being coordinated by LGAQ with CHRC participation. Council has provide the data requsted by the consultancy engaged by the LGAQ. LGAQ will be requested to provide a date when the submission will be made to the relevant state minister, with a request that the submission be made available to Council.

10. Can council look at 5 minute parking zones in Emerald CBD at strategic positions as this would assist a number of small local businesses in Emerald during these difficult times.

RESPONSE: from Communities Department Signage would be required through Roads Infrastructure to enable the police to enforce, alternative would be to establish local laws for regulated parking.

11. Can we provide assistance to Bauhinia area with a repeater tower to assist in the digital TV service.

RESPONSE: from Communities Department

Background

Bauhinia is just outside the intended coverage area from the Rockhampton broadcast site (Mt Hopeful) and as such television reception is unreliable even with the best terrestrial antenna setup at properties in this area. VAST may be an option for households in these areas however, this service does not provide access to local content otherwise available via digital TV. To provide local content a local self-help re-transmission site may be required. To provide these services Council needs to provide infrastructure to retransmit commercial and/or national television service to these areas (i.e. equipment, tower or mast, etc.). Council currently provides retransmission services from facilities at the Willows, Anakie and Sapphire.

Below is the web link about local self-help re-transmission sites.

http://acma.gov.au/Industry/Broadcast/Spectrum-for-broadcasting/Spectrum-digital-television/digital-television-terrestrial-self-help-retransmission-services Investigation into solution for Bauhinia Council has been in contact with its contractors (N-Com Pty Ltd) for the servicing and maintenance of the three (3) existing facilities for an estimate of costs and timeframes to establish a new facility. Initial advice is that equipment costs would be approximately $60,000 (excluding the cost of the mast or tower). Further assessment is required to provide a full estimate of costs, including analysis as to whether this type of facility could be co-located on another tower (e.g. telecommunications towers). Council would also need to obtain approvals for the retransmission site and pay ongoing license fees.

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 20 Once preliminary information and cost estimates can be obtained a report providing options will be prepared for Council consideration. Council contact: Luke Lankowski, Manager Community and Customer Service

12. Currently some of the major banks are requiring refinancing of Rural debt before 31 December 2015. Can council provide assistance to these ratepayers in terms of lobbying the banks to prevent this action being taken/ foreclosure .

RESPONSE: from Chief Executive Officer

I thank the Councillor for the question. Council presently offers an extended discount period for the payment of rates and charges which is of significant benefit to all ratepayers. Further, Council offers the flexibility of periodic/incremental and early payment by ratepayers along with repayment plans for ratepayers in arrears. There are other options that Council may choose to pursue to lessen financial pressure on ratepayers which would need to be instigated by Council. Likewise, the suggestion to lobby lending institutions is a decision for Council. Should there be interest in pursuing this type of action, the implications, both positive and negative can be outlined to Council.

13. Can we assist the Springsure Kindergarten & Playgroup and return of the building from C & K.

RESPONSE: from Communities Department The C&K Kindergarten at Springsure is located on private property. Council does not currently hold any responsibility for the land or building, however if C&K made an offer in relation to this property it could be considered. Council currently owns two properties in Emerald that are used for similar purposes, so should Council seek to acquire the property it could be managed on similar terms. The cost of purchase for a facility such as this, and for any possible upgrades required to meet statutory requirements in order to operate a Crèche and Kindergarten is unknown at this time. 14. When is council going to make a decision on Levee in Emerald. It is causing considerable

uncertainty, upset, trauma and hardship to numerous ratepayers. The likelihood of funding is non existent and we are just ruining the lives of some ratepayers.

RESPONSE: from Infrastructure and Utilities Department Design recommendation to Council on December 9, 2015. The process is a lengthy one.

Attendance C. Vertigan Project Officer attended the meeting at 3.14pm

MINUTES – GENERAL COUNCIL MEETING – WEDNESDAY 9 DECEMBER 2015 – PAGE 21 The Mayor acknowledged the work of Mrs Carol Vertigan, Kymberlee Senior of CHDC, Manager Communities Luke Lankowksi for their works on the Blackwater Aquatic Centre and the funding announcement by the Federal Government for funding towards the new Blackwater Aquatic Centre. Construction of the Proposed New Blackwater Aquatic Centre

Executive summary: This report seeks Council’s consideration of recommendations of the Blackwater Aquatic Centre Project Steering Group in relation to the evaluation process and award of the Construction Services contract for the proposed new Blackwater Aquatic Centre at Hunter Street, Blackwater. Resolution Cr Cracknell moved and seconded by Cr Nixon “That pursuant to meeting held with Blackwater Aquatic Centre Project Steering Committee on 30 November 2015, announcement by the Federal Government on approved National Stronger Regions Funding of $6,256,543 and successful execution of the funding agreement, the Central Highlands Regional Council authorise the Chief Executive Officer to award and conclude the contract with the successful tenderer, Hutchinson Builders, for construction services for the new Blackwater Aquatic Centre.” 2015 / 12 / 09 / 016 Carried (8-0) Vote of Thanks Resolution Cr Nixon moved and seconded by Cr Brimblecombe “That Council provided a vote of thanks to those associated with the Sapphire Wetlands Project and the Blackwater Aquatic Centre Project.” 2015 / 12 / 09 / 017 Carried (8-0)

CLOSURE OF MEETING There being no further business, the Mayor closed the meeting at 3.21pm CONFIRMED MAYOR DATE