Meeting held in the Central Highlands Regional Council ...

General Meeting of Council

MINUTES

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

Monday 21 November 2011

Commenced at 9.00am

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

MONDAY 21 NOVEMBER 2011

MINUTES CONTENTS

PRESENT ......................................................................................................................................................................... 3

APOLOGIES ..................................................................................................................................................................... 3

LEAVE OF ABSENCE ...................................................................................................................................................... 3

CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................................................................................ 3

General Council Meeting : 7 November 2011 ............................................................................................................ 3

MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST ....................... 3

INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION ................................................................................ 3

ORGANISATIONAL SUPPORT SERVICES’ SECTION.................................................................................................. 3

COMMUNITY & DEVELOPMENT SERVICES SEGMENT .............................................................................................. 4

DEVELOPMENT APPLICATIONS - FULL COUNCIL ...................................................................................................... 4

1.1 – 4093/10 – Universal Accommodation Centres Pty Ltd – Codenwarra Road, Emerald – Material Change of Use – Caravan Park & Accommodation Building - Reconfiguration of Lot – one (1) lot into five (5) lots in three (3) stages....................................................................................................................................................................... 4

1.2 – 4037/11 – Paul Kelly C/- Murray & Associates (Qld) Pty Ltd – 89, 91 & 93 Esmond Street & 9 Opal Lane, Emerald - Material Change of Use – Multiple Dwelling [thirty (30) units] ................................................................ 5

Development Applications - Delegated Approvals .......................................................................................................... 13

Local Laws ...................................................................................................................................................................... 14

Review Of Delegation Of Powers.................................................................................................................................... 22

CHIEF EXECUTIVE OFFICER’S REPORT .................................................................................................................... 24

Council Meeting Dates 2012 ........................................................................................................................................... 24

Application for 2012 Show Holidays ............................................................................................................................... 24

Central Highlands Regional Council Community Grants And Loans Program .............................................................. 25

GENERAL BUSINESS ................................................................................................................................................... 25

CLOSURE OF MEETING ............................................................................................................................................... 25

MINUTES – GENERAL COUNCIL MEETING – MONDAY 21 NOVEMBER 2011 – PAGE 3

MINUTES – GENERAL MEETING HELD AT 9.00AM MONDAY 21 NOVEMBER 2011 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL CHAMBERS, EMERALD OFFICE

PRESENT Councillors Councillors (Crs) P Bell AM (Acting Mayor), D. Brimblecombe, K. Hayes, P. Haylock, R. Rolfe & P. Schwarz Officers Chief Executive Officer B. Ottone, Chief Financial Officer A. Brown, Acting Manager Development Assessment M Thornley, Acting General Manager Organisational Support Services L. Harman, Acting General Manager Community & Development Services M A Uren, A/General Manager Infrastructure, Assets & Public Facilities A Bullock, Executive Manager Commercial Services A. Rozario, Executive Manager Administration and Customer Services M. Webster, S. Cooper (Minute Taker) APOLOGIES Councillors (Cr) P. Maguire (Mayor), P Bulger, G Nixon (previously approved) and General Manager Community and Development Services B Duke LEAVE OF ABSENCE Previously approved for Councillors (Cr) P. Maguire (Mayor), P Bulger & G Nixon CONFIRMATION OF MINUTES OF PREVIOUS MEETING General Council Meeting : 7 November 2011 Resolution:

Cr Schwarz moved and Cr Haylock seconded ‘That the minutes of the above meeting, as printed and circulated to members, be adopted“. Carried Business Arising Out Of Minutes Nil MATERIAL PERSONAL INTEREST, PERSONAL GIFTS & BENEFITS & CONFLICT OF INTEREST Conflict of Interest Cr Rolfe - Grants and Loans Program – Springsure Working Horse Association

INFRASTRUCTURE, ASSETS & PUBLIC FACILITIES’ SECTION Acceptance of the General Manager – Infrastructure, Assets & Public Facilities’ Report Cr Rolfe moved and Cr Hayes seconded ‘That the General Manager – Infrastructure, Assets and Public Facilities Report be received.’ Carried

ORGANISATIONAL SUPPORT SERVICES’ SECTION Acceptance of the General Manager – Organisational Support Services’ Report Cr Haylock moved and Cr Brimblecombe seconded ‘That the General Manager – Organisational Support Services Report be received.’

Carried


COMMUNITY & DEVELOPMENT SERVICES SEGMENT

DEVELOPMENT APPLICATIONS - FULL COUNCIL Former Shire of Emerald

1.1 – 4093/10 – Universal Accommodation Centres Pty Ltd – Codenwarra Road, Emerald – Material Change of Use – Caravan Park & Accommodation Building - Reconfiguration of Lot – one (1) lot into five (5) lots in three (3) stages

Application No: 4093/10 Applicant: Universal Accommodation Centres Pty Ltd Owner: Universal Accommodation Centres Pty Ltd Site Address: Codenwarra Road, Emerald Property Description: Lot 2 on SP161107Area of Land: 4061m² Current Use of Land: Vacant Applicant’s Name: Universal Accommodation Centres Pty Ltd Applicant’s Address: C/- Adams Sparkes Town Planning & Development

PO Box 1000, Buddina QLD 4575. Applicable Planning Scheme: Planning Scheme for Emerald Shire, (Amendment 1- 2009). Zone: Town Zone – Rural Residential Precinct Proposal: Development Permit – Material Change of Use: Caravan Park &

Accommodation Building and Reconfiguration of Lot: one (1) lot into five (5) Lots to be developed over three (3) stages. Preliminary Approval for a Material Change of Use to Override the Emerald Shire Planning Scheme (Amendment No. 1 – 2009) pursuant to Section 242 of the Sustainable Planning Act 2009 by identifying an alternate table of assessment.

Approval Type: Material Change of Use & Reconfiguration of Lot Development Type: Development Permit & Preliminary Approval Level of Assessment: Impact Assessment Referral Agencies:

Department of Transport and Main Roads (DTMR) - Concurrence Agency Department of Local Government and Planning (DLGP) - Concurrence Agency

Submissions: Six (6)

Resolution: Cr Haylock moved and Cr Hayes seconded: “That the applicant, Universal Accommodation Centres Pty Ltd, be advised that the application for a Material Change of Use – Accommodation Building and Caravan Park and Reconfiguration of Lot one (1) lot Into five (5) lots and Preliminary Approval for a Material Change of Use to Override the Emerald Shire Planning Scheme (Amendment No. 1 – 2009) pursuant to Section 242 of the Sustainable Planning Act 2009 by identifying an alternate planning precinct (Town Zone Light Industrial Precinct); on land at Codenwarra Road, Emerald described as Lot 2 on RP161107 is refused on the following grounds: Grounds for Refusal 1. The development compromises the achievement of and is in conflict with the Desired Environmental

Outcome (a) of the Emerald Shire Planning Scheme (Amendment 1 -2009). The development will set an undesirable precedent, encouraging industrial activities and accommodation to occupy rural residential land and shall negatively impact upon the rural residential amenity and character of the locality.

2. The proposed development is inconsistent with the overall outcomes of the Town Zone Code. The codes overall outcomes states uses in the commercial and industrial use class are generally not


located within the Town – Rural Residential Precinct and land is predominantly used for houses on small rural living lots. The proposal is considered to be an overdevelopment of the site.

3. The proposal to locate industrial uses outside the existing industrial areas shall have a negative economic impact upon Emerald’s industrial areas and shall set an undesirable precedent encouraging industrial development and high density residential development to occur within Emerald’s rural residential areas.

4. There are no sufficient grounds to support departure from the planning scheme and permit the proposed development.

5. The development is in conflict with specific outcomes 1, 2 and 6 of the residential Accommodation Code due to the poor location and density of the proposed development. The development is out of context in the subject location and surrounding the streetscape.

6. The variation requested to Council’s minimum lot size is excessive and is in conflict with the Reconfiguration of Lot Code. Adequate planning grounds have not been established for such a variation.

Carried

1.2 – 4037/11 – Paul Kelly C/- Murray & Associates (Qld) Pty Ltd – 89, 91 & 93 Esmond Street & 9 Opal Lane, Emerald - Material Change of Use – Multiple Dwelling [thirty (30) units]

Application No: 4037/11 Applicant: Paul Kelly C/- Murray & Associates (Qld) Pty Ltd Owner: Paul Kelly Site Address: 89, 91 & 93 Esmond Street and 9 Opal Lane, Emerald QLD 4720 Real Property Description: Lot 1 on RP612826, Lot 1 on RP612424, Lot 1 on RP607323 and

Lot 8 on RP608132 Area of Land: 7167m2 Current Use of Land: Vacant and residential Applicant’s Address: PO Box 246, Nambour QLD 4560 Applicable Planning Scheme: Emerald Shire Planning Scheme (Amendment 1 – 2009) Zone: Town Zone: Residential Precinct Proposal: Multiple Dwellings – thirty (30) units Approval Type: Development Permit Development Type: Material Change of Use Level of Assessment: Impact Referral Agencies: Nil Submissions: One (1) Attachments: Approved Plans Locality Map

Submission Resolution:

Cr Brimblecombe moved and Cr Schwarz seconded: “That the applicant, Paul Kelly C/- Murray & Associates (QLD) Pty Ltd, be advised that the application for approval of a Material Change of Use: Multiple Dwellings – thirty (30) units on land at 89, 91 & 93 Esmond Street and 9 Opal Lane, Emerald, described as Lot 1 on RP612826, Lot 1 on RP612424, Lot 1 on RP607323 and Lot 8 on RP608132 is approved subject to the following conditions: 1. APPROVED USES

The uses permitted as part of this approval are Multiple Dwelling (thirty [30], three [3] bedroom Units). This approval has a currency period of four (4) years and will remain in force until 21 November 2015.


Should the development not be completed within this timeframe, this approval will lapse. A new application will need to be made to Council, unless an approval has been obtained for an extension of this period. Timing: To be maintained at all times after commencement of use.

2. APPROVED PLANS AND DOCUMENTATION The use must be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions contained within this approval:

Title Drawing No./Rev No. Dated Prepared By

Site Plan WD05 01/03/2011

Exel Design Pty Ltd

Site Plan WD05 Rev A 01/03/2011

Ground Flood plan WD01 Rev A 01/03/2011

First Floor Plan WD02 01/03/2011

Rear Elevation WD03 01/03/2011

Section A.A WD04 Rev A 01/03/2011

Ground Floor Plan – Manager’s unit + unit 1

WD01 01/03/2011

Section A.A WD04 01/03/2011

Detailed Landscape Plan Site Plan

DLP01 14/06/2011

Aspley Nursery

Detailed Landscape Plan Notes & Plan Schedule

DLP02 14/06/2011

Detailed Landscape Plan Planting Detail

DLP03 14/06/2011


DLP04 14/06/2011


DLP05 14/06/2011

This approval limits the number of units to thirty (30) and staged as follows:

Stage 1: Unit 1 and Manager’s Residence Stage 2: Units 2-9 Stage 3: Units 10-21 Stage 4: Units 22- 29 Timing:

To be maintained at all times after commencement of use.

3. AMENDED APPROVED PLAN The use is to be carried out in accordance with an amended plan incorporating the following:

• Additional car parking spaces as per the requirements of condition 17 of this approval;

The amended plans must be submitted to the Chief Executive Officer, or delegate for approval. When approved, these plans will form part of this approval.


Timing: Prior to commencement of use and at all times thereafter.

4. AMENITY – EMISSIONS The use is to be operated so that there is no interference with the amenity of the area or detrimental effect on any person by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, wastewater, waste products, grit, oil or otherwise. Timing: To be maintained at all times after commencement of use.

5. AMENITY – VISUAL

The landscaped areas are to be maintained at all times and to be kept free of parked vehicles, stored goods, garbage or waste materials. Timing: To be maintained at all times after commencement of use

6. AMENITY - WASTE MANAGEMENT

The developer/owner shall ensure bin store areas and containers are situated and maintained in a way, so as not to cause visual or odour nuisances to adjoining or surrounding properties. Timing: Prior to commencement of use, and all times after commencement of use.

7. AMENITY – MATERIALS

The buildings to be constructed on site will be in accordance with design treatment and materials as identified on approved plans.


8. AMENITY – ACOUSTIC STANDARDS

The applicant must provide an acoustic statement prepared by a qualified acoustic consultant to demonstrate that all habitable areas of the proposed units meet the following acoustic amenity criteria:

Time of Day Noise design objectives for sensitive uses (measured at the receptor in dB(A)11

LAeq,adj,1hr LA10,adj,1hr LA1,adj,1hr Daytime and evening 35 40 45 Night-time 30 35 40 *Note – the design objectives are for indoors

*Note – the design objectives are from the Environmental Protection (Noise) Policy 2008 *Note – advice on measuring noise can be found in the Noise Measurement Manual. (This data has been extracted from the Draft State Planning Policy: Air, Noise and Hazardous Materials 2009).

The applicant must take into account all noise impacts arising from any existing development including the Depot within the Sunwater Limited site on the western boundary of the subject site.



9. AMENITY – BOUNDARY FENCING Fencing is to be incorporating in accordance with the stamped approved plans except where amended through this condition. A maximum 1.5 metre high fence of which is 50% visually permeable is to be constructed around the boundary of the site, where the boundary fence is used in conjunction with provision of private open space for any ground floor unit along the road frontage. The fencing treatment must include regular articulation in conjunction with provision of landscaping external to the site where fencing is 1.8 metres in height along the road frontage. A 1.8 metre fence is to be provided along the common boundary between the proposed units and the adjoining private property. Advice: SunWater Limited has requested that the fence sharing the common boundary be erected prior to works commencing at the subject site. A copy of the letter has been attached. Timing: To be maintained at all times after commencement of use.

10. AMENITY – SCREEN FENCING Each ground floor unit must be provided with an exclusive area of private open space as shown on the approved plans. With the exception of boundary fencing, screen fencing must be a minimum of 1.5 metres high and a maximum of 25% openings. A screen fence is to be erected to reduce the impact of the waste disposal area. The screen fence must be constructed from timber or masonry material. Timing: Prior to commencement of use and at all times thereafter.

11. AMENITY – PRIVACY

Direct views between habitable rooms of adjacent dwellings and dwelling units, or between habitable rooms and the private open space of adjacent dwellings and dwelling units (whether part of the development or on land adjacent to the development) are obscured by screening that is durable, permanently fixed and has a maximum of 25% openings. Timing: Prior to commencement of use and at all times thereafter.

12. PEDESTRIAN PAVEMENT A 1.2m wide concrete pedestrian pavement is to be constructed along the full frontage of the site in accordance with Council’s standards. Timing: Prior to commencement of use and at all times thereafter.

13. INTERNAL ROADWAY

Proposed access and internal road layout must be capable of providing access and manoeuvring for service and delivery vehicles in accordance with AS 2890.1: Parking Facilities – Off-Street Parking without interacting with the areas designated for parking in the submitted plans. All vehicles must be able to enter and exit the site in a forward direction.

The internal road is to be constructed in accordance with Council’s standards as per the approved plans of development and include the following: a) Sealed pavement; b) Kerb and channel; and c) Lighting.


Internal road must be a minimum of 6.0m wide for entire length from Esmond Street to Opal Lane. A turning head must be constructed at the Opal Lane end to be of sufficient size to cater for a garbage truck to turn around and exit the site in a forward direction. A gate must be provided at the Opal Lane entrance to be kept locked at all times and only be used in the event of an emergency.


14. AMENITY – LOCATION OF SERVICE AND PLANT EQUIPMENT

All service and plant equipment, including air conditioning units and lights must be located so as not to cause a nuisance to the occupants of adjoining and neighbouring premises. Timing: To be maintained at all times after commencement of use.

15. AMENITY – HOURS OF CONSTRUCTION

Construction work that makes or causes audible noise must only be carried out on site on Mondays through to Saturdays between the hours of 6:30am and 6:30pm. No audible noise is permitted in Sundays or Public Holidays. Timing: To be maintained at all times during construction works

16. AMENITY – LIGHTING

Angle or shade lighting is to be used to illuminate the premises, so the light does not directly illuminate or cause any environmental nuisance (eg glare) to nearby premises or roads. Lighting is to be provided in accordance with AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting and CPTED (Crime Prevention through Environmental Design) Guidelines. Timing: To be maintained at all times after commencement of use.

17. CAR PARKING PROVISION

Thirty-six (36) car parking spaces must be provided, in accordance with the approved plans, plus two (2) additional spaces, dispersed as follows:

• One (1) space for exclusive use of each unit, and • Eight (8) visitor spaces for exclusive use of the units.

Adequate vehicle manoeuvring areas are to be provided to ensure all vehicles can enter and exit in a forward direction. An amended plan incorporating the additional two (2) car parking spaces must be submitted prior to the commencement of use. Timing: Prior to commencement of use and at all times thereafter.

18. CAR PARKING

All car parking spaces are to be line marked and designed in accordance with AS2890.1: Parking Facilities – Off Street Parking, except that the minimum width of each space must be 2.75m. All vehicle turning areas are to be designed to Australian Standards and must cater for the largest anticipated vehicle. The pavement for car parking bays must be sealed.

All driveways, parking areas and vehicle turning areas are to be maintained clear of obstructions and shall not be utilised for the storage of goods or waste materials.



19. ACCESS

Sealed driveways are to be constructed between the road pavement and the property boundary in accordance with the approved plans and must meet the requirements of the Capricornia Municipal Development Guidelines standard drawing CMDG-R-042, Rev A.

An amended plan demonstrating compliance with the condition must be submitted and approved by the Chief Executive Officer, or delegate for approval.


20. WORKS WITHIN ROAD RESERVE.

All works within the Road Reserve are subject to an Operational Works Application.


21. UTILITIES – ELECTRICAL & TELECOMMUNICATIONS

All electrical and telecommunication infrastructure servicing the development must be located underground, unless otherwise approved by the Chief Executive Officer, or delegate. Documentary evidence must be provided from relevant service providers that satisfactory arrangements have been made for the provision of such services. Timing: Prior to commencement of use.

22. WORKS – APPLICANT’S EXPENSE

All works, services, facilities and/or public utility alterations required by this approval or stated condition/s, whether carried out by Council or otherwise, are to be at the developer’s expense, unless otherwise specified. Timing: Prior to commencement of use.

23. EROSION & SEDIMENT CONTROL – GENERAL

a) An Erosion and Sediment Control Plan (ESCP) is to be submitted with engineering drawings for the approval of the Chief Executive Officer, or delegate. Erosion and Sediment Control Plans are to be prepared in accordance with the Capricorn Municipal Development Guidelines.

b) The requirements of the approved Erosion and Sediment Control Plan are to be implemented on site.

Timing: a) Prior to site clearing, construction or commencement of earthworks. b) While site and/or building works are occurring.

24. STORMWATER DRAINAGE – DISCHARGE & DISPOSAL

All stormwater, with the exception of rainwater captured onsite in rainwater tanks, is to be drained from the site and carried without causing annoyance or nuisance to any person. The lawful point of discharge for stormwater is the kerb and channel of Esmond Street and Opal Lane. All works must be designed in accordance with the Capricorn Municipal Development Guidelines (CMDG) and the Queensland Urban Drainage Manual (QUDM).


Timing: Prior to commencement of use.

25. FINISHED FLOOR LEVELS All future buildings to be located upon the subject land shall have a minimum finished floor level

300mm above the Finished Surface Level. Timing: Prior to commencement of use.

26. EASEMENTS An internal easement must be provided to Council for any part of a sewerage, water supply or drainage network (including overland flow paths) that passes through the site and is of benefit to another allotment. Any such easement must be of an adequate width to protect that infrastructure. The minimum width of any easement shall be 4.0m. Any such easement is to be provided at no cost to Council. Timing: Prior to commencement of use.

27. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION AND MAINTENANCE

PERIOD The construction of all the works shall be undertaken in accordance with good engineering practice and workmanship and generally in accordance with the Capricorn Municipal Development Guidelines. For any infrastructure owned by or to be dedicated to Council, the applicant/owner shall be responsible for the maintenance of all works associated with this proposal for a period of 12 months after completion of works. A bank guarantee or other security acceptable to Council, for an amount equal to 5% of the construction cost of the works for which Council will become responsible for shall be lodged prior to the commencement of the use. The maintenance period shall be extended by Council in the event of:

(a) major repairs having been carried out to the works during the maintenance period; (b) unsatisfactory operation of mechanical or electrical equipment during the maintenance

period; and/or (c) erosion or sediment control is not operating or maintained satisfactorily.

Timing: Prior to commencement of use.

28. DEVELOPMENT STANDARDS – CIVIL WORKS CONSTRUCTION – START OF WORKS Work shall not commence on the construction or upgrading of any proposed or existing road, park or other facility to be dedicated to or in the ownership of Council until:

(a) All engineering plans, drawings, specifications, drainage calculations and plans for electricity reticulation and street lighting (as prepared by a consulting electrical engineer or electricity provider) for the work have been lodged for Council approval; and

(b) Council’s written approval for (a) has been issued. Timing: Prior to commencement of use.

29. INFRASTRUCTURE CHARGES

A contribution of $299,416.00 must be paid in accordance with the Adopted Infrastructure Charges Resolution (no.5) 2011, to be paid in the following stages of development:


Stage 1: Unit 1 and Manager’s Residence = $19,961.00 Stage 2: Units 2-9 = $79,844.00 Stage 3: Units 10-21 = $119,766.00 Stage 4: Units 22- 29 = $79,845.00 The methodology is calculated as follows: AIC = AC – D where:

AIC is the adopted infrastructure charge that may be levied for development; AC is the adopted charge for the trunk infrastructure networks to service the development stated in section Table 2A. D is the discount for the trunk infrastructure networks servicing the premises stated in section 5.4 (Discounting).

Therefore: AC = $11,516 per unit x 30 units = $345,480.00 D = $11,516 (existing lot) x 4 = $46,064.00 AIC = $299,416.00

Please note: The amount is subject to periodic change and is payable at the rate current at the time of payment. Timing: Prior to the commencement of use.

30. WATER SUPPLY SYSTEM – CONNECTION

a) Submit for approval of the Chief Executive Officer, or delegate of the Central Highlands Regional Council the water supply layout including provision for main cocks, enveloper pipes at cross street services, meter assessable and meter box to the front property boundary and valve and hydrant markers in accordance with Councils current standards.

b) Connect to Council’s reticulated water supply system at no cost to Council.

Timing: a) Prior to commencement of work. b) Prior to the commencement of use.

31. SEWERAGE SUPPLY SYSTEM – CONNECTION

a) Submit for approval of the Chief Executive Officer, or delegate of the Central Highlands Regional Council’s the sewer layout including connection branches in accordance with Councils current standards.

b) Connect to Council’s reticulated sewerage system at no cost to Council.

Timing: a) Prior to commencement of work. b) Prior to the commencement of use.

32. DISABILITY DISCRIMINATION ACT

Network Adopted Charge % of Total Adopted Charge

Sewerage 143,719.68 48% Water Supply 155,696.32 52% Total Calculated Charge

$ 299,416.00 100%


Provision is to be made within the development for disabled access in accordance with Australian Standard 1428 and is to take into account the Disability Discrimination Act 1992 and the Anti-Discrimination Act 1991.


33. REFUSE COLLECTION Enter into an agreement with Central Highlands Regional Council and/or Private Contractor to

provide a waste collection service to the development. Timing: Prior to commencement of use and at all times thereafter.

34. SERVICE VEHICLES The operation of delivery vehicles and/or waste collection services is limited to between the hours of

6:30am and 6:30pm Monday to Saturday. No loading or unloading is permitted from the street. Timing: To be maintained at all times after commencement of use. 35. LOT AMALGAMATION Lot 1 on RP612826, Lot 1 on RP612424, Lot 1 on RP607323 and Lot 8 on RP608132 must be

amalgamated to accommodate this development. Timing: Prior to commencement of use Carried Development Applications - Delegated Approvals Resolution:

Cr Hayes moved and Cr Rolfe seconded “That the following Delegated Approvals (6) be received: Former Shire of Bauhinia 2.1 – 4050/11 – Xstrata Coal Pty Ltd C/- Parsons Brinckerhoff – Meteor Downs Road – Springsure –

Material Change of Use – Workers Accommodation [three hundred & fifty (35) units) & Environmentally Relevant Activity No 63 (sewerage treatment)

Former Shire of Emerald 2.2 – D194/06 – JOST Developments C/- Stephen Wright (Kenneth Harris) – 30 Slack Drive, Emerald –

Reconfiguration of Lot - one (1) lot into two (2) lots – Modification 2.3 – 4056/11 – The Joshua Trust & Laverack Family Trust (JARKL Trust) C/- Adam Thompson – 65 Retro

Street, Emerald – Reconfiguration of Lot - two (2) lots into three (3) lots 2.4 – 4086/11 – Matt Glynn C/- Murray & Associates (Qld) Pty Ltd (Securcorp Ltd) – 28 Lakeside Drive,

Emerald – Material Change of Use – Dual Occupancy 2.5 – 4087/11 – Matt Glynn C/- Murray & Associates (Qld) Pty Ltd (Securcorp Ltd) – 38 Lakeside Drive,

Emerald – Material Change of Use – Dual Occupancy Former Shire of Peak Downs 2.6 – 4108/11 – Bianca Gross C/- Murray & Associates (Qld) Pty Ltd – 19 Abor Street, Capella –

Reconfiguration of Lot - one (1) lot into two (2) lots Carried


Local Laws Resolution: Cr Haylock moved and Cr Schwarz seconded: That: Previous local law making resolution of Council

1. Council resolution (sections 1-12) dated 10 October 2011 “Adoption of Local Laws” not be acted upon and a notice of motion be prepared for consideration at the next Council meeting; and

Decision to adopt a new local law making process

2. Introduction

For the purposes of section 29(1) of the Local Government Act 2009, the local government resolves to adopt a process for making each local law of Council as detailed below. The process—

(a) applies to the making of—

(i) each local law that is an adopted model local law; and

(ii) each local law that is a subordinate local law; and

(iii) each other local law; but

(b) does not apply to a local law that is an interim local law.

Making a local law that is an adopted model local law

The process (model local law making process) stated in this resolution must be used to make a local law that is an adopted model local law.

Step 1 — By resolution, propose to adopt the model local law.

Step 2 — If the model local law contains an anti-competitive provision, comply with the procedures prescribed under a regulation for the review of anti-competitive provisions.

Step 3 — By resolution—

(a) adopt the model local law; and

(b) if there is an existing local law about the matter that is inconsistent with what is adopted—amend or repeal the existing local law so that there is no inconsistency.

Step 4 — Let the public know that the local law has been made, by publishing a notice of the making of the local law in accordance with the requirements of section 29B(1) to (3) inclusive of the Local Government Act 2009.

Step 5 — As soon as practicable after the notice is published in the gazette, ensure that a copy of the local law may be inspected and purchased at the local government’s public office.

Step 6 — Within 7 days after the notice is published in the gazette, give the Minister—

(a) a copy of the notice; and


(b) a certified copy of the local law; and

(c) if the local law contains 1 or more anti-competitive provisions—

(i) advice of each anti-competitive provision; and

(ii) the reasons for their inclusion.

Step 7 — Update the local government’s register of its local laws.

Making an “other” local law

The process (other local law making process) stated in this resolution must be used to make a local law (a proposed local law) other than—

(a) a model local law; or

(b) an interim local law; or

(c) a subordinate local law.

Step 1 — By resolution, propose to make the proposed local law.

Step 2 — Consult with relevant government entitles about the overall State interest in the proposed local law.

Step 3 — Consult with the public about the proposed local law for at least 21 days (the consultation period) by—

(a) publishing a notice (a consultation notice) about the proposed local law at least once in a newspaper circulating generally in the local government’s area; and

(b) displaying the consultation notice in a conspicuous place at the local government’s public office from the first day of the consultation period until the end of the last day of the consultation period; and

(c) making a copy of the proposed local law available for inspection at the local government’s public office during the consultation period; and

(d) making copies of the proposed local law available for purchase at the local government’s public office during the consultation period.

The consultation notice must state the following—

(a) the name of the proposed local law; and

(b) the purpose and general effect of the proposed local law; and

(c) the length of the consultation period and the first and last days of the period; and

(d) that written submissions by any person supporting or objecting to the proposed local law may be made and given to the local government on or before the last day of the


consultation period stating—

(i) the grounds of the submission; and

(ii) the facts and circumstances relied on in support of the grounds.

If the local government decides, by resolution, that the proposed local law only amends an existing local law to make an insubstantial change, the local government may proceed to step 6 without satisfying step 3 or step 5.

Step 4 — If the proposed local law contains an anti-competitive provision, comply with the procedures prescribed under a regulation for the review of anti-competitive provisions. For avoidance of doubt, step 3, and this step 4, may be undertaken contemporaneously.

Step 5 — Accept and consider every submission properly made to the local government.

A submission is properly made to the local government if it —

(a) is the written submission of any person about the proposed local law; and

(b) states—


(ii) the facts and circumstances relied on in support of the grounds; and

(c) is given to the local government on or before the last day of the consultation period.

Step 6 By resolution, decide whether to—

(a) proceed with the making of the proposed local law as advertised; or

(b) proceed with the making of the proposed local law with amendments; or

(c) not proceed with the making of the proposed local law.

If the local government resolves to proceed with the making of the proposed local law with amendments, and the amendments are substantial, the local government may again —

(a) consult with the public at step 3; and

(b) accept and consider every submission properly made to the local government at step 5.

For the avoidance of doubt, if an amendment changes an anti-competitive provision, the local government must again comply with the procedures prescribed under a regulation for the review of anti-competitive provisions for the amended anti-competitive


provision.

Step 7 Give the Minister the following —

(a) a copy of the proposed local law; and

(b) a drafting certificate for the proposed local law; and

(c) information required by the Minister or under a regulation.

Step 8 Subject to section 29A (4) of the Local Government Act 2009, proceed further in making the proposed local law.

Step 9 By resolution, decide whether to—

(a) make the proposed local law as advertised; or

(b) make the proposed local law with amendments; or

(c) not proceed with the making of the proposed local law.

If the local government resolves to proceed with the making of the proposed local law with amendments, and the amendments are substantial, the local government may again —



For the avoidance of doubt, if an amendment changes an anti-competitive provision, the local government must again comply with the procedures prescribed under a regulation for the review of anti-competitive provisions for the amended anti-competitive provision.

Step 10 — Let the public know that the local law has been made, by publishing a notice of the making of the local law in accordance with the requirements of section 29B(1) to (3) inclusive of the Local Government Act 2009.

Step 11 — As soon as practicable after the notice is published in the gazette, ensure that a copy of the local law may be inspected and purchased at the local government’s public office.



(b) a certified copy of the local law; and

(c) if the local law contains 1 or more anti-competitive provisions—




Step 13— Update the local government’s register of its local laws.

Making a subordinate local law

The process (subordinate local law making process) stated in this resolution must be used to make a subordinate local law (a proposed subordinate local law).

The local government may start the process for making a subordinate local law even though the process for making the local law (including a model local law) on which the subordinate local law is to be based (the proposed authorising law) has not finished.

The local government may use steps 1 to 5 of the subordinate local law making process (other than actually making the subordinate local law) before the proposed authorising law is made if—

(a) in making the proposed authorising law, the local government has to satisfy—

(i) the model local law making process; or

(ii) the other local law making process; and

(b) if the proposed authorising law is made under the other local law making process— the notice about the subordinate local law under step 2 of the subordinate local law making process is published no earlier than the notice about the proposed authorising law under step 3 of the other local law making process is published.

For the avoidance of doubt, a subordinate local law made by the local government using the process detailed in this resolution may provide for the local government to, from time to time, by resolution, reference or incorporate information.

For example, under the Local Government (Operations) Regulation 2010—

(a) the identification guidelines for the identification of anti-competitive provisions are a document made by the department and available for inspection on the department’s website; and

(b) the public interest test guidelines are a document made by the department and available for inspection on the department’s website.

Step 1 — By resolution, propose to make the proposed subordinate local law.

Step 2 — Consult with the public about the proposed subordinate local law for at least 21 days (the consultation period) by—

(a) publishing a notice (also a consultation notice) about the proposed subordinate local law at least once in a newspaper circulating generally in the local government’s area; and

(b) displaying the consultation notice in a conspicuous place in the local government’s public office from the first day of the consultation period until the end of the last day of the consultation period; and

(c) making a copy of the proposed subordinate local law available for inspection at the local government’s public office during the consultation period; and

(d) making copies of the proposed subordinate local law available for purchase at the local government’s public office during the consultation


period.

The consultation notice must state the following—

(a) the name of the proposed subordinate local law; and

(b) the name of—

(i) the local law allowing the proposed subordinate local law to be made; or

(ii) if the local government has started the process for making a subordinate local law even though the process for making the proposed authorising law on which the subordinate local law is to be based has not finished — the proposed authorising law; and

(c) the purpose and general effect of the proposed subordinate local law; and

(d) the length of the consultation period and the first and last days of the period; and

(e) that written submissions by any person supporting or objecting to the proposed subordinate local law may be made and given to the local government on or before the last day of the consultation period stating—


(iii) the facts and circumstances relied on in support of the grounds.

If the local government decides, by resolution, that the proposed subordinate local law only amends an existing subordinate local law to make an insubstantial change, and the amendment does not affect an anti-competitive provision, the local government may proceed to step 5 without satisfying any of step 2 to step 4 inclusive.

Step 3 — If the proposed subordinate local law contains an anti-competitive provision, comply with the procedures prescribed under a regulation for the review of anti-competitive provisions. For avoidance of doubt, step 2, and this step 3, may be undertaken contemporaneously.

Step 4 — Accept and consider every submission properly made to the local government.

A submission is properly made to the local government if it—

(a) is the written submission of any person about the proposed subordinate local law; and

(b) states—


(ii) the facts and circumstances relied on in support of the grounds; and

(c) is given to the local government on or before the last day of the


consultation period.

Step 5 — By resolution, decide whether to—

(a) make the proposed subordinate local law as advertised; or

(b) make the proposed subordinate local law with amendments; or

(c) not proceed with the making of the proposed subordinate local law.

If the local government resolves to proceed with the making of the proposed subordinate local law with amendments, and the amendments are substantial, the local government may again —



For the avoidance of doubt, if an amendment changes an anti-competitive provision, the local government must again comply with the procedures prescribed under a regulation for the review of anti-competitive provisions for the amended anti-competitive provision.

Step 6 — Let the public know that the subordinate local law has been made, by publishing a notice of the making of the subordinate local law in accordance with the requirements of section 29B(1) to (3) inclusive of the Local Government Act 2009.

Step 7 — As soon as practicable after the notice is published in the gazette, ensure that a copy of the subordinate local law may be inspected and purchased at the local government’s public office.



(b) a certified copy of the subordinate local law; and

(c) if the subordinate local law contains 1 or more anti-competitive provisions—



Step 9 — Update the local government’s register of its local laws.

Resolution to propose to make various local laws and subordinate local laws

3. That Council resolve to—

(a) propose to adopt each model local law listed in Schedule 1; and (b) propose to make each proposed subordinate local law listed in Schedule 2.


SCHEDULE 1

(i) Model Local Law No. 1 (Administration) 2010 to be known as Local Law No. 1 (Administration) 2011;

(ii) Model Local Law No. 2 (Animal Management) 2010 to be known as Local Law No. 2 (Animal Management) 2011;

(iii) Model Local Law No. 3 (Community and Environmental Management) 2010 to be known as Local Law No. 3 (Community and Environmental Management) 2011;

(iv) Model Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2010 to be known as Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

SCHEDULE 2

(i) Subordinate Local Law No. 1 (Administration) 2011;

(ii) Subordinate Local Law No. 2 (Animal Management) 2011;

(iii) Subordinate Local Law No. 3 (Community and Environmental Management) 2011;

(iv) Subordinate Local Law No. 4 (Local Government Controlled Areas, Facilities and Roads) 2011.

Resolution to delegate power to decide public interest testing process

4. Council hereby resolves, pursuant to section 257 of the Local Government Act 2009 (“the Act”) to delegate to the Chief Executive Officer of Council its powers under section 38 of the Act and section 18 of the Local Government (Operations) Regulation 2010 to decide –

(a) how the public interest test of each local law and subordinate local law particularised in

Schedule 3 is to be conducted; and (b) the matters with which the public interest test report in relation to each local law and

subordinate local law particularised in the Schedule must deal; and (c) the consultation process for the public interest test and how the process is to be used in the

public interest test.

SCHEDULE 3

(i) Model Local Law No.1 (Administration) 2010 to be known as Local Law No.1 (Administration) 2011 and Subordinate Local Law No.1 (Administration) 2011;

(ii) Model Local Law No.2 (Animal Management) 2010 to be known as Local Law No.2

(Animal Management) 2011 and Subordinate Local Law No.2 (Animal Management) 2011;

(iii) Model Local Law No.3 (Community and Environmental Management) 2010 to be

known as Local Law No.3 (Community and Environmental Management) 2011 and Subordinate Local Law No.3 (Community and Environment Management) 2011.

Resolution to propose to make continuing local laws and delegation of power to decide public interest testing process

5.

(a) That Council hereby resolve to propose to make Central Highlands Regional Council Gates and Grids (Application of Continuing Local Law) Local Law 2011.

(b) That Council hereby resolve to propose to make Central Highlands Regional Council Levee Banks (Application of Continuing Local Law) Local Law 2011.


(c) That Council resolve, pursuant to section 257 of the Local Government Act 2009 (“the Act”), to delegate to the Chief Executive Officer of Council its powers under section 38 of the Act and section 18 of the Local Government (Operations) Regulation 2010 to decide—

(i) how the public interest test of each local law particularised in Schedule 4 is to be conducted; and

(ii) the matters with which the public interest test report in relation to each local law particularised in the Schedule must deal; and

(iii) the consultation process for the public interest test and how the process is to be used in the public interest test.

SCHEDULE 4

Central Highlands Council Levee Banks (Application of Continuing Local Law) Local Law 2011 and Local Law (Levee Bank No. 2) 1997

(d) That Council hereby resolve to propose to make Central Highlands Regional Council Public Aerodromes (Application of Continuing Local Law) Local Law 2011.

Carried

Review Of Delegation Of Powers Resolution:

Cr Rolfe moved and Cr Brimblecombe seconded: That Council resolves to: 1. Delegate to the Mayor, the exercise of its powers under the Local Government Acts contained in

Appendix 1 – Local Government Acts with respect to the following:

a. The endorsement of documents requiring execution, or co-execution, on behalf of Council. b. The power to deal with any urgent matter, where such cannot be dealt with by Council due to time

constraints. c. The power to make arrangements for Council to receive deputations on any matter. d. The power to represent Council to other tiers of government on matters affecting Council and

represent and promote Council in the community. e. The power to monitor, through the Chief Executive Officer, the implementation of Council programs.

2. Delegate to the Chief Executive Officer, the exercise of its powers under the Local Government Acts

contained in Appendix 1 – Local Government Acts subject to the terms of any applicable Instruments of Delegation and subject to the conditions below:

a. Where Council in its budget or by resolution allocates an amount for the expenditure of Council

funds in relation to a particular matter, the delegate in exercising delegated power in relation to that matter, will only commit the Council to reasonably foreseeable expenditure up to the amount allocated.

b. The delegate will not exercise any delegated power in relation to a matter which, to the delegate's knowledge adversely affects, or is likely to adversely affect, the Council's relations with the public at large.

c. The delegate will not exercise any delegated power in relation to a matter which has already been the subject of a resolution or other decision of the Council (including a policy decision relating to the matter).

d. The delegate will not exercise any delegated power in a manner, or which has the foreseeable affect, of being contrary to an adopted Council policy or procedure.

e. The delegate will only exercise a delegated power under this resolution in a manner which complies with the requirements of Council's Planning Scheme/s and any exercise of power which involves a departure from or variation of those requirements will only be undertaken by Council.


f. The delegate will not exercise any power which cannot lawfully be the subject of delegation by Council.

To remove any doubt, the conditions above must be applied to all sub-delegations from the Chief Executive Officer to other Council employees, including contractors.

Repeal all prior resolutions delegating the powers under the Acts referred to in Appendix 1 to the Mayor and Chief Executive Officer.

APPENDIX 1 TABLE OF LOCAL GOVERNMENT ACTS (Current as at 1 November 2011) State Legislation Aboriginal Cultural Heritage Act 2003 Acquisition of Land Act 1967 Animal Care and Protection Act 2001 Animal Management (Cats and Dogs) Act 2008 Body Corporate and Community Management Act 1997 Body Corporate and Community Management (Accommodation Module) Regulation 2008 Body Corporate and Community Management (Commercial Module) Regulation 2008 Body Corporate and Community Management (Small Schemes Module) Regulation 2008 Body Corporate and Community Management (Standard Module) Regulation 2008 Building Act 1975 Building Units and Group Titles Act 1980 Dangerous Goods Safety Management Act 2001 Dangerous Goods Safety Management Regulation 2001 Disaster Management Act 2003 Environmental Protection Act 1994 Environmental Protection (Air) Policy 2008 Environmental Protection (Noise) Policy 2008 Environmental Protection (Waste Management) Policy 2000 Environmental Protection (Waste Management) Regulation 2000 Environmental Protection (Water) Policy 2009 Environmental Protection Regulation 2008 Fire and Rescue Service Act 1990 Food Production (Safety Act) 2000 Food Act 2006 Health (Drugs and Poisons) Regulation 1996 Information Privacy Act 2009 Land Act 1994 Land Protection (Pest and Stock Route Management) Act 2002 Liquor Act 1992 Local Government Act 2009 Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 Local Government (Finance, Plans and Reporting) Regulation 2010 Local Government (Operations) Regulation 2010 Mineral Resources Act 1989 Peaceful Assembly Act 1992 Plumbing and Drainage Act 2002 Prostitution Act 1999 Public Health Act 2005 Public Health (Infection Control for Personal Appearance Services) Act 2003 Public Health Regulations 2005 Queensland Competition Authority Act 1997 Queensland Heritage Act 1992 Queensland Reconstruction Authority Act 2011 Residential Services (Accreditation) Act 2002 Right to Information Act 2009 Standard Plumbing and Drainage Regulation 2003


State Penalties Enforcement Act 1999 Stock Act 1915 AGENDA – GENERAL COUNCIL MEETING – MONDAY 21 NOVEMBER 2011 – PAGE 256 Summary Offences Act 2005 Summary Offences Regulation 2006 Survey and Mapping Infrastructure Act 2003 Sustainable Planning Act 2009 Sustainable Planning Regulation 2009 Tobacco and Other Smoking Products Act 1998 Transport Infrastructure Act 1994 Transport Operations (Road Use Management) Act 1995 Transport Operations (Road Use Management – Road Rules) Regulation 2009 Trusts Act 1973 Urban Land Development Authority Act 2007 Water Act 2000 Water Regulation 2002 Water Flouridation Act 2008 Water Supply (Safety and Reliability) Act 2008 Workers Compensation and Rehabilitation Act 2003 Workers Compensation and Rehabilitation Regulation 2003 Workplace Health and Safety Act 1995 Workplace Health and Safety Regulation 2008 Local Government Local Laws Carried Acceptance of the General Manager – Community and Development Services’ Report Cr Hayes moved and Cr Schwarz seconded ‘That the General Manager – Community and Development Services’ Report be received.’ Carried Meeting adjourned at 10.03 am for Councillors and staff to attend a morning tea hosted by the Emerald Community Kindergarten, with the committee being congratulated on receiving a grant from RACQ which has been used to re-establish facilities that were affected by the 2011 floods. Meeting resumed at 11.08am

CHIEF EXECUTIVE OFFICER’S REPORT Council Meeting Dates 2012 Resolution: Cr Hayes moved and Cr Brimblecombe seconded: “That the following General Council meeting dates be adopted for the 2012 calendar year: January: - Monday 16th

February: - Monday 6th - Monday 20th March: - Monday 5th

- Monday 19th Carried Application for 2012 Show Holidays Resolution:

Cr Haylock moved and Cr Rolfe seconded “That the following dates be confirmed as the gazetted Show Holidays for 2012”:


Capella/Tieri: Friday 25th May 2012

Springsure/Rolleston: Friday 1st June 2012

Emerald: Wednesday 6th June 2012

Blackwater, Bluff, Dingo, Duaringa, Bauhinia Downs and surrounding areas:

Wednesday 6th June 2012

Carried Cr Rolfe declared a conflict of interest and left the room and did not take part in discussion or voting on the following item. Central Highlands Regional Council Community Grants And Loans Program Resolution: Cr Hayes moved and Cr Schwarz seconded “That community grant for the Central Highlands Regional Council Community Grants Program be approved to the following organisation”: Springsure Working Horse Association $5,000.00 Carried Cr Rolfe returned to the meeting. Manager Community Planning and Engagement, Janice Moriarty presented an update to the meeting on the draft Community Plan. The final Plan will be presented to the 12 December meeting for adoption. Resolution:

Cr Hayes moved and Cr Schwarz seconded ‘That the draft Community Plan be received and endorsed, minor amendments be made and the final version of the Community Plan be presented to Council on the 12th December, 2011 for adoption.’ Carried Acceptance of the Chief Executive Officer’s Report Resolution:

Cr Rolfe moved and Cr Haylock seconded ‘That the Chief Executive Officers’ Report be received.’ Carried

GENERAL BUSINESS Cr Haylock has been approached to suggest a Pedestrian Crossing be installed on Rifle Range Road opposite Vicki Peters Park. Andrew Bullock will investigate pedestrian movements and prepare a report to Council. The Tresswell & Lochington consultations will be held on Mon 28th November, 2011 with cars leaving Emerald at 7am

CLOSURE OF MEETING There being no further business, the Acting Mayor closed the meeting at 12.08pm. CONFIRMED MAYOR DATE

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