SHIRE OF ASHBURTON ORDINARY COUNCIL MEETING ...

AGENDA – ORDINARY MEETING OF COUNCIL 15 DECEMBER 2010

1

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

AGENDA

RM Forrest Memorial Hall Second Avenue

ONSLOW

15 December 2010


2

SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING Dear Councillor Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Wednesday 15 December 2010 at the RM Forrest Memorial Hall, Second Avenue, Onslow commencing at 10.00 am. The business to be transacted is shown in the Agenda. Jeff Breen A/CHIEF EXECUTIVE OFFICER 8 December 2010 DISCLAIMER The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.


3

1.12.0 DECLARATION OF OPENING ...................................................................................................................... 5

2.12.0 ANNOUNCEMENT OF VISITORS ................................................................................................................. 5

3.12.0 ATTENDANCE .............................................................................................................................................. 5

3.12.01 PRESENT ..................................................................................................................................................... 5

3.12.02 APOLOGIES ................................................................................................................................................. 5

3.12.03 APPROVED LEAVE OF ABSENCE .............................................................................................................. 5

4.12.0 PUBLIC QUESTION TIME ............................................................................................................................. 5

4.12.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................................................... 5

4.12.02 PUBLIC QUESTION TIME ............................................................................................................................ 6

5.12.0 APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................ 6

6.12.0 PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................ 6

6.12.01 PETITIONS ................................................................................................................................................... 6

6.12.02 DEPUTATIONS ............................................................................................................................................ 6

6.12.03 PRESENTATIONS ........................................................................................................................................ 6

7.12.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ........................................................................... 7

7.12.01 ORDINARY MEETING OF COUNCIL HELD ON 17 November 2010 ............................................................. 7

8.12.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION ............................................. 7

9.12.0 DECLARATION BY MEMBERS .................................................................................................................... 7

9.12.01 DECLARATION OF INTEREST..................................................................................................................... 7

10.12.0 ENGINEERING SERVICES REPORTS.......................................................................................................... 9

10.12.29 ONSLOW TOWNSITE—ACCESS TO WATER CORPORATION TANK SITE RESERVE 32702 ................... 9

10.12.30 ENGINEERING SERVICES DECISION STATUS REPORT ........................................................................ 13

11.12.0 COMMUNITY & ECONOMIC SERVICES REPORTS ................................................................................... 18

11.12.13 RFT 23/10 TENDER FOR LEASE OF KIOSK AT THE VIC HAYTON MEMORIAL SWIMMING POOL, TOM PRICE ................................................................................................................................................ 18

11.12.14 SES – TOM PRICE – TRAINING TOWER BUDGET AMENDMENT ............................................................ 21

11.12.15 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT .................................................... 23

12.12.0 CORPORATE SERVICES REPORTS .......................................................................................................... 26

12.12.76 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ................................................................... 26

12.12.77 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTHS OF OCTOBER AND NOVEMBER 2010....................................................................................................................................... 28

12.12.78 DEBTORS FOR WRITE OFF ...................................................................................................................... 30

12.12.79 REALLOCATION OF FUNDS – COUNTRY LOCAL GOVERNMENT FUND YEAR 1 .................................. 32

12.12.80 SHIRE OF ASHBURTON FIVE (5) FORWARD CAPITAL WORKS PROGRAM 2010 .................................. 36

12.12.81 CORPORATE SERVICES STATUS REPORT............................................................................................. 38

13.12.0 DEVELOPMENT SERVICES REPORTS ..................................................................................................... 39

13.12.71 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7........................................................................................................................ 39


4

13.12.72 RESERVE 40025 “TRANSORMER SITE”, LOT 60 METTAWANDY PL, PARABURDOO ............................ 41

13.12.73 DRAFT PERCENT FOR PUBLIC ART LOCAL PLANNING POLICY REVIEW ............................................. 43

13.12.74 DRAFT AMENDMENT NO. 10 TO PLANNING SCHEME NO. 7 AND DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN ............................................................................... 46

13.12.75 DRAFT PLANNING SCHEME AMENDMENT NO. 11 TO REZONE ONSLOW STRATEGIC INDUSTRIAL ZONE TO RURAL, DELETE ONSLOW STRATEGIC INDUSTRIAL BUFFER AREA AND DRAFT LOCAL PLANNING POLICY FOR THE DEVELOPMENT OF THE LAND ................................................................ 64

13.12.76 DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 13 – NEW SCHEME PROVISION PROVIDING FOR FURTHER DEVELOPMENT POTENTIAL OF LAND IN ONSLOW ZONED RESIDENTIAL R12.5 ....... 70

13.12.77 APPLICATION FOR PLANNING APPROVAL FOR A 800 PERSON CONSTRUCTION VILLAGE/ACCOMMODATION FACILITY (‘TRANSIENT WORKFORCE ACCOMMODATION’) FOR SOLOMON DALLY MINE ............................................................................................................................ 77

13.12.78 DRAFT SOCIAL IMPACT ASSESSMEN FOR FMG’S SOLOMON HUB PROJECT ..................................... 84

13.12.79 DEVELOPMENT SERVICES DECISION STATUS REPORT....................................................................... 88

14.12.0 WESTERN OPERATIONS REPORTS ......................................................................................................... 97

14.12.20 APPROVAL OF REGULAR PASSENGER TRANSPORT SERVICE FOR ONSLOW ................................... 97

14.12.21 WESTERN OPERATIONS DECISION STATUS REPORT ........................................................................ 101

15.12.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...................... 104

16.12.0 CONFIDENTIAL REPORTS....................................................................................................................... 104

16.12.14 CONFIDENTIAL ITEM – WITTENOOM ASBESTOS LITIGATION ............................................................. 105

17.12.0 NEXT MEETING ........................................................................................................................................ 105

18.12.0 CLOSURE OF MEETING ........................................................................................................................... 105


5

1.12.0 DECLARATION OF OPENING

2.12.0 ANNOUNCEMENT OF VISITORS

3.12.0 ATTENDANCE

3.12.01 PRESENT Cr G Musgrave Shire President, Tom Price Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr I Dias Paraburdoo Ward Cr L Thomas Tableland Ward Cr K White Onslow Ward Cr L Shields Tom Price Ward Cr L Corker Ashburton Ward Cr S Dann Pannawonica Ward Mr J Breen A/Chief Executive Officer Mr L Softley Executive Manager Community & Economic Services Mr F Ludovico Executive Manager Corporate Services Ms A O’Halloran Executive Manager Western Operations Ms J Smith Executive Assistant CEO

3.12.02 APOLOGIES

3.12.03 APPROVED LEAVE OF ABSENCE Cr T Bloem Tom Price Ward

4.12.0 PUBLIC QUESTION TIME

4.12.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE At the Ordinary meeting of Council held on 17 November 2010, the following questions were taken on notice.

4.12.01.01 Pearse Herbert tabled the following questions. The questions were taken on notice

and the following responses are tendered.

Q1. Why does the Shire of Ashburton support the extension of Third Avenue for the construction of a legal access track to the Water Corporations Reserve 32702 as against considering extending Second Avenue as attached. (Note: This attachment is the attachment contained in Agenda Item 10.11.26)

The extension of Third Avenue to provide access to Water Corp’s reserve was

the preferred option presented to Council by the administration. The reasons for this were outlined in the report to Council at the November 2010 meeting. No decision has been made by Council, therefore support or otherwise has not been determined.


6

See report for December 2010 Ordinary Meeting of Council Q2. Has the Shire of Ashburton consulted with the landowners along Third

Avenue regarding the extension of Third Avenue as shown on the attachment. (Note: This attachment is the attachment contained in Agenda Item 10.11.26)

No. Q3. Can the Shire of Ashburton see fit to discuss with affected locals the

option of extending Second Avenue before Council votes on the recommendation per item of 10.11.26 of today’s agenda.

See report for December 2010 Ordinary Meeting of Council.

4.12.01.02 Cr White tabled the following question. The question was taken on notice and the following responses are tendered. Q1. Does the Shire have a policy on public consultation? Consultation for Planning Proposals LPP17 is a formal policy adopted by

Council. This policy outlines four categories of consultation and the methods for carrying out the process. There are also statutory requirements for public consultation/comment for issues such as planning, road closures, business plans, etc. Other community consultation happens on a regular basis and at different levels for a variety of projects, issues, etc. Some recent examples of community consultation include Tom Price Sports pavilion, Town Centre upgrades in Tom Price and Paraburdoo, Onslow Structure Plan, development of the Strategic Plan and review of the Strategic Plan.

4.12.02 PUBLIC QUESTION TIME

5.12.0 APPLICATIONS FOR LEAVE OF ABSENCE

6.12.0 PETITIONS / DEPUTATIONS / PRESENTATIONS

6.12.01 PETITIONS

6.12.02 DEPUTATIONS 6.12.03 PRESENTATIONS Stephen Webster, CEO Pilbara Development Commission will be making a

presentation to Council regarding the Royalties for Regions Program and the Pilbara Development Commission.

Representatives from Fortescue Metals Group will be making a presentation in

relation to their proposed development of the Solomon Hub Project.


7

7.12.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.12.01 ORDINARY MEETING OF COUNCIL HELD ON 17 November 2010 Officers Recommendation That the Minutes of the Ordinary Meeting of Council held on 17 November 2010, as previously circulated on 29 November 2010, be confirmed as a true and accurate record.

8.12.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION

9.12.0 DECLARATION BY MEMBERS That councillors have given due consideration to all matters in the Agenda presently before the meeting.

9.12.01 DECLARATION OF INTEREST Councillors to Note A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest: (a) In a written notice given to the Chief Executive Officer before the Meeting or; (b) At the Meeting, immediately before the matter is discussed. A member, who makes a disclosure in respect to an interest, must not: (c) Preside at the part of the Meeting, relating to the matter or; (d) Participate in, or be present during any discussion or decision-making

procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE) The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter. I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory. 1. A Financial Interest requiring disclosure occurs when a Council decision might

advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.


8

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare. 5. As stated in (b) above, if written notice disclosing the interest has not been

given to the Chief Executive Officer before the meeting, then it MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.


9

10.12.0 ENGINEERING SERVICES REPORTS

10.12.29 ONSLOW TOWNSITE—ACCESS TO WATER CORPORATION TANK SITE RESERVE 32702

FILE REFERENCE: BD.R.32702 AUTHOR’S NAME AND POSITION:

Jeffrey Breen Executive Manager Engineering Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 3 December 2010 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.11.26 Ordinary Meeting of Council 17 November 2010

Summary This item was laid on the table at the Ordinary Meeting of Council 17 November 2010. Correspondence has been received from the Water Corporation seeking Council comment on a proposed realignment of the existing water main and the access road servicing the Corporation’s Tanks site Reserve 32702 in Onslow. Following an inspection of the site by Shire Engineering staff an alternative alignment is recommended using the extension of Third Avenue. Following additional consultation with relevant agencies and the owner of lot 381 and amended recommendation is referred to Council for consideration. Background The Water Corporation Tank site on Reserve 32702 on Beadon Point, in Onslow is currently accessed by an unsealed track which passes through a portion of Unallocated Crown Land (UCL) and a freehold, privately owned site (lot 381). The water pipeline from the tank also passes through the corner of lot 381 and the UCL, as shown in the attachment.

ATTACHMENT 10.12.29 This current situation is not desirable, especially as development is being planned on lot 381 and accordingly the Water Corporation is proposing to relocate a section of the pipeline and the access


10

track. The proposed realignment is shown on the Water Corporation plan “Option 2” as shown in the attachment.

ATTACHMENT 10.12.29 The Water Corporation is seeking comment from the Shire of Ashburton before proceeding with any works. The Water Corporation has also been in consultation with the owner of lot 381. Comment The access track and water main realignment should be relocated within a formal road reserve alignment. The proposal by the Water Corporation achieves this requirement, but has the following disadvantages:

• The proposed realignment does not follow an alignment that fits with the general arrangement of street configurations in the area.

• The proposed alignment splits current road reserve area that has potential for revesting and other community development usage.

• The proposed alignment will require a reasonable extent of vegetation removal and earthworks to achieve an acceptable standard vehicle access.

• The proposal assumes that an access will be permitted through the UCL in the future to permit access to lot 381. This land may have potential future development and installing a road access on the suggested alignment may reduce potential development opportunities and is in close proximity to the current coastal boardwalk.

As a result of investigations of the site from an engineering design perspective and having regard to maximizing potential land redevelopment in this area, it is recommended that Council advise the Water Corporation that the preferred alignment for the relaying of the water main and access to the storage tank reserve site 32702 is the use of the unconstructed extension of Third Avenue from First Avenue to the boundary of lot 381. The following comments are noted in relation to this proposal:

• The access track will then be on a formal road alignment that leads directly to the Water Corporations Reserve and will provide a direct access to lot 381.

• This track can then be upgraded as required in the future to meet with a standard street construction for formal access to lot 381.

• The topography of this alignment can be considered to be steeper, but can be designed to achieve an acceptable grade involving earthworks and vegetation clearing similar or lesser than the proposal by the water Corporation.

The access track will be required to be designed and constructed to Shire of Ashburton standards as approved by the Executive Manager Engineering Services. On satisfactory completion of the work Council will take over responsibility for the ongoing maintenance of the road. Additional Comment Based on the further consultation outcomes detailed below there are a number of options for Council to consider in relation to recommending realignments of the section of water main and access track to the tank site.

1. Water main • Realign as requested by the Water Corporation.


11

• Realign as recommended by Shire Engineering staff down Third Ave. then along the southern boundary of the road reserve to rejoin the existing water main which runs along the laneway between Second Ave. and Third Ave. The latter option preferred by Shire Engineering staff as the alignments are within standard locations for Water Services and it will not effectively cut through the centre of the wide road reserve lot.

2. Access Track • Realign as requested by the Water Corporation. • Realign along the northern side of the road reserve linking Second and Third Avenues.

This would be the preferred legal option if Council has concerns about directing traffic down Third Ave.

• Realign down Third Avenue. • Temporarily realign around the corner of lot 381, back onto the track through the UCL (not

formally endorsed by RDL).

Council should recommend a legal access solution. The Water Corporation may wish to arrange an interim temporary realignment until formal access to lot 381 is resolved. Consultation Consultation has occurred between ---

• The Executive Manager Engineering Services • Shires Engineering Consultant GES Consulting • Water Corporation Staff • The Owner of lot 381

Additional Consultation Additional Consultation has been undertaken with the following persons and their response is detailed below.

• Regional Officer of Department of Regional Development and Lands(RDL) Advised that any future access track and pipe lines servicing the Water Corporations storage tanks reserve should be legally contained within a gazetted road reserve. The alignment would be set by the Shire as the Shire has vested control over the road reserve. Any requirement from any party to have a road reserve constructed through UCL would require approval through the RDL and would be referred to Planning and Local Government Agencies for comment.

• Owner of lot 381. The requirement to have the Water Corporations access road and section of water main relocated has originated from the request to have the sections of these services removed from with his title –lot 381. The relocation of the water main would be realigned as agreed between the water Corporation and the Shire. The access track to the Water Corporations reserve may possibly be realigned around the south eastern corner of lot 381 back to the current track with the UCL. Future formal access to lot 381 can be resolved when development applications are made on lot 381. The preference being through the UCL site

• Regional Officer at Water Corporation. There is a need to shift the water main and access road off lot 381. The preference for realignment of the section of water main and access track was as


12

shown on the plans submitted. The Water Corporation is prepared to relocate both the water main and access track in consultation with the Shire as long as extra civil works and costs are similar to the original proposal.

ATTACHMENT 10.12.29

Policy Implications Not applicable Financial Implications Proponent to carry full cost of works Strategic Implications Not applicable Procedural Comment As the procedural motion simply laid the item on the table, the moved and seconded recommendation was not dealt with and has simply lapsed. This means that the new recommendation can be dealt with once the item is raised from the table. Voting Requirement Simple Majority Officers Recommendation

1. That Council raise the item from the table.

2. That Council advises the Water Corporation:

(a) Supports the realignment of the water main down Third Avenue on the eastern side of the reserve on the approved Water Corporations alignment offset, the along the south side of the road reserve which joins Second Avenue to Third Avenue until rejoining the water main at the laneway easement.

(b) Suggests that the Water Corporation may wish to implement an interim access track

realignment through arrangements with the owner of lot 381 until formal access to lot 381 is resolved as part of a formal development application at which time the access can be constructed to an approved Shire standard at cost between relevant parties.

(c) When the final Road is constructed to an agreed standard and approved alignment the Shire

of Ashburton will then gazette the road and become responsible for all ongoing maintenance.

Author: Geoff Shoemark

Signature:

A/Manager: Jeff Breen

Signature:


13

10.12.30 ENGINEERING SERVICES DECISION STATUS REPORT

# Council Meeting (mm/yy)

Agenda Ref. Report Title Council Decision Current Status

1 11/10 10.11.25 Onslow Waterwise Program – Alternative Water Source for Ovals and Streetscape Areas.

1. That Council allocate $20,000 for the initial water bore investigations in Onslow with the objective of obtaining an alternative water supply for reticulation of the Shire’s oval, reserves and trees.

2. That Council directs the Acting Chief Executive Officer in accordance with the objectives of the Waterwise Program with the Water Corporation for Onslow, to seek funding assistance towards this improved water use strategy for Onslow.

Investigation bores to be completed by January 2011. R4R application for funding in progress. (Dec 2010)

2 11/10 10.11.26 Onslow Townsite – Access to Water Corporation Tank Site Reserve 32702

That Council: 1. Supports the use of the extension of Third Avenue for the construction

of a legal access track to the Water Corporations Storage Tank Reserve 32702 and for the relaying of a section of water main;

2. Instructs the Acting Chief Executive Officer to advise Watercorp that the road is to be constructed to a standard approved by the Shire of Ashburton; and

3. On completion of work to the required standard the Shire of Ashburton shall gazette the road and be responsible for ongoing maintenance. Item lay on the table until next meeting.

Refer to report Dec 2010 Ordinary Meeting of Council

3 11/10 10.11.27 Green Waste Fees That Council:

1. Not waive the fees and recommend that the school either increase their bin number or pay the appropriate gate fees for their extra waste disposal.

Completed

4 10/10 10.10.22 Proposed Relocation Of Recycling Facilities at Tom Price and Paraburdoo

That Council: 1. Relocate the recycling ‘drop off’ facilities in Tom Price to the Tom Price

Land fill site. 2. Monitor the level of activity at the Paraburdoo Recycling Station with the

understanding that this facility may, after consultation and agreement with the Paraburdoo Councillors be moved to Paraburdoo Land fill site.

Ongoing Works to be completed by End December 2010-11-08 (Nov 2010)

5 10/10 10.10.23 Casual Rate – Commercial Bins

That Council adopt the casual rate for commercial bin service of $27.00 plus GST per pick-up.

Ongoing Public


14



advertising to take place

6 10/10 15.10.23 RFT 18/10 Structure Review That Council: 1. Receive the report, and 2. Endorse the assessment panel’s recommendation that Morrison Low be

awarded the contract for the Structure Review RFT 18/10 for the sum of $129,600.

Staff information sessions held at Tom Price, Paraburdoo, Onslow, Pannawonica and Millstream reaching over 100 employees. Six councillors interviewed. Staff surveys to be completed by end December. (Dec 2010)

7 07/10 10.07.15 Proposed Upgrade Munjina Airstrip

That Council instruct the Chief Executive Officer prepare a Business Plan, pursuant to Section 3.59 of the Local Government Act 1995, in relation to possible long term lease and management of the Munjina Airstrip on a commercial basis.

Completed Not a viable proposition for Council. (Dec 2010)

8 07/10 10.07.16 Proposal To Change Purpose Of Reserve 39500 Willow Road Tom Price To ‘Staff Accommodation’

That Council agrees to proceed with changing the purpose of Shire Reserve 39500 from “Recreation” to “Staff Accommodation”.

Ongoing. Council resolution forwarded to State Land Services with request to alter reserve purpose. (August 2010)

9 07/10 10.07.17 Proposed Dedication Of Parsley Street, Onslow

That Council; 1. Resolve to request the Minister for Lands to dedicate land as a road, this

being the land currently used to access freehold lots 555 & 556 and conditional freehold lots 557 & 563, formerly Parsley Street Onslow in accordance with the attached plan

ATTACHMENT 10.07.17 2. That on the Minister granting the request, Council indemnifies the Minister

Ongoing. Council resolution forwarded to Minister with request for dedication.


15



against any claim for compensation. (August 2010) 10 05/10 10.05.10 Shire Logo and Policy That Council;

1. Approves the Logo Policy (Attachment 10.05.10c) 2. Approves the Tom Price logo and tag line “Experience It” 3. Approves in principle of the logo for the Shire of Ashburton, Paraburdoo,

Onslow and Pannawonica and directs the CEO, through public consultation, to provide to Council recommendations for approval of tag lines for each.

Ongoing. Policy implementation being implemented internally. Tag lines for towns to be established. (July 2010)

11 05/10 10.05.12 Tom Price Town Centre Revitalisation

That Council endorses the Tom Price Town Centre Revitalisation Plan Ongoing. Tenders called and to be let in December. Works to start in January2011. (Dec 2010)

12 04/10 10.04.08 Funding of Proposed Pergolas, Bellary Springs, Wakathuni Aboriginal Communities

That Council: Approves the contribution of $30,000 as allocated in the 2009/10 budget to IBN Corporation for the construction of steel framed pergolas at the Wakathuni and Bellary communities.

Pergola completed at Bellary, others progressing. (Dec 2010)

13 10/09 10.10.27 Business Plan for a Major Land Transaction – Warara Street, Strata Title Land Development

That Council; 1. Endorses the Business Plan - Major Land Transaction – Warara Street

Strata Title Land Development. 2. Directs the CEO to advertise tenders for the work and to report back to

Council for acceptance of the tender.

Ongoing. Awaiting final approval from RTIO in its capacity as utility provider. Expected to be tendered in December. (Dec 2010)

14 08/09 10.08.22 Temporary Road Closure – Yampire Gorge Road

That Council 1. Proceed with the closure to vehicular traffic of Yampire Gorge Road, all

sections for a further period of eighteen (18) months.

Ongoing. Closure being


16



2. Instruct the Chief Executive Officer to place signage to this effect. 3. Instruct the Chief Executive Officer to notify relevant authorities and

stakeholders as to the continued closure of the road.

implemented. (Mar 2010)

15 08/09 10.08.16 Duck Creek Road- Road Closure

That Council, 1. Having noted that no submissions were received in response to public

notice of the proposed closure, proceed with the closure to vehicular traffic of Duck Creek Road to vehicular traffic in accordance with Section 3.50 of the Local Government Act 1995.

2. Instruct the Chief Executive Officer, to place signage to this effect, and advise Main Roads Pilbara Region of Council’s decision.

Ongoing. MRWA notified, signage being prepared. (Mar 2010)

16 08/08 10.08.13 Proposed Sale of Land – Lot 308 Boonderoo Road, Tom Price

That Council; 1. Directs the EMES to carry out a preliminary subdivision design for the

vacant Lot 308 Boonderoo Rd land owned by the Shire. 2. Directs the EMES to seek a valuation of the proposed subdivision and

prepare a detailed cost estimate for all works including survey, design and construction.

3. Subject to financial viability, directs the CEO to call tenders for the subject land subject to the proviso that subdivision of the land, availability of title and provision of services be completed within 6 months of the sale, and the tender be on the basis that there is no requirement to accept any tender

Ongoing. Land to be auctioned in February 2011. (Nov 2010)

17 04/08 10.04.08 Relocation of Onslow Landfill

1. That the new Onslow Landfill Site be located adjacent to Onslow Road, 17km from Onslow as identified as Site 3 by the consultant, Sinclair Knight Mertz in its report titled ‘Onslow Landfill Options’ subject to environmental approvals being forthcoming.

2. That following relevant approvals being obtained for Site 3, the site be used as the new Onslow Landfill Site. A Further transfer station be established on the existing landfill site in Eagle Nest Rd following closure and rehabilitation of that site.

3. That funds amounting to $100,000 be transferred from the Urban Road Maintenance Account No E121045 (Spent to Date $135,000 from budget $410,000) and that a new account be established to carry out further investigative works on Site 3 prior to seeking approvals and final design.

Ongoing. Consultants (SKM) seeking DEC approvals. State Lands Services not yet responded on excision of land from pastoral lease. Discussions with lease holder revealed objections to the site. Alternatives being


17



investigated.SKM to report in October. (Oct 2010)

Officers Recommendation That Council note the contents of this report.


18

11.12.0 COMMUNITY & ECONOMIC SERVICES REPORTS

11.12.13 RFT 23/10 TENDER FOR LEASE OF KIOSK AT THE VIC HAYTON MEMORIAL SWIMMING POOL, TOM PRICE

FILE REFERENCE: TP.WL.849 AUTHOR’S NAME AND POSITION:

Larry Softley Executive Manager Community & Economic Services


Not Applicable




Not applicable

Summary Tenders for lease of the Kiosk at the Vic Hayton Memorial Swimming Pool Tom Price closed at 4pm on Monday, 22 November 2010. Two tenders were received, both of which conformed to the tender requirements, and have been assessed on the principles of best value for the Shire of Ashburton. Background The Kiosk at the Vic Hayton Memorial Pool in Tom Price was (prior to refurbishment of the administration block including toilets and kiosk) under license agreement to a proponent that relinquished the license prior to start of construction for the administration building works. The Kiosk has adequately met the needs of the community in the past by opening extended hours after pool closure for the express purpose of takeaway food service whilst servicing the needs of pool patron’s during pool opening hours. Comment Period of lease agreement will be for 24months with a further option of 24 months. Conditions of tender are that the successful tenderer will be required to fit out the Kiosk with equipment to operate the business, such equipment should be, but not limited to commercial quality fryers, cookers, hotplates, fridges and freezers. The successful tenderer will also be required to pay all outgoings such as electricity and is expected to have appropriate insurances in place. Tenders were assessed by the Acting CEO, Jeff Breen and Executive Manager Community and Economic Services, Larry Softley.


19

There were two tenders received at the close of the advertised time and date 10am Monday 22 November 2010. Both offered yearly rental in advance and agreement to meet all conditions of the tender requirements.

1. David Brian Keegan offered yearly rental in advance of $5000.00 and agreement to meet all conditions of the tender requirements.

2. Jason Body offered yearly rental in advance of $500.00 and agreement to meet all conditions of the tender requirements.

Tenderer #1 David Brian Keegan who is the owner of Roadies Takeaway Food in Tom Price and a successful business owner of the Tom Price taxis fleet has demonstrated experience in the industry and running of a successful business, and has offered considerably more for the lease both monetary and experience. Tenderer #2 Jason Body who is employed by Pilbara Iron as a Mobile Operator seemingly not having any exposed experienced in running a kiosk or takeaway food outlet, other than temporarily operating the kiosk for the swimming club, the swimming club were given permission to sell drinks and ice creams as a fundraiser for the club until a proponent had been selected as the successful tenderer. I am sure Jason could be capable of success. Both tender offers have similarities and meet the conditions of tender with tenderer #1 David Brian Keegan’s offer of yearly rental of $5000.00 in advance being ten times the amount on offer of tenderer #2 Jason Body’s offer of $500.00 yearly rental in advance. Consultation Acting CEO, Jeff Breen and Executive Manager Community and Economic Services, Larry Softley. Statutory Environment Section 3.57, Local Government Act 1995. Policy Implications Not Applicable Financial Implications There are financial implications relative to this issue, tenderer #1 offers $4500.00 more in rental than tenderer #2. Strategic Implications Strategic Plan 2007-2011, Objective 6 A Well Managed and Contemporary Corporation. Voting Requirement Simple Majority Required


20

Officers Recommendation That Council accepts the tender from David Brian Keegan to lease the Kiosk at the Vic Hayton Memorial Pool in Tom Price at a yearly rental of $5000.00 (excluding GST) in advance. Author : Larry Softley

Signature :

A/Manager : Jeff Breen

Signature :


21

11.12.14 SES – TOM PRICE – TRAINING TOWER BUDGET AMENDMENT FILE REFERENCE: FI.BU 10/11 AUTHOR’S NAME AND POSITION:

Morgwn Jones Senior Ranger


Not Applicable


The author has no financial interest in this item


Not Applicable

Summary In June 2010 a Safety Audit was conducted on the Training Tower at the premises of SES Unit, Tom Price. The audit found that the tower does not meet the Australian Standards. Council is request to authorise this expenditure so the works can be completed. Background In June 2010 a Safety Audit was conducted on the Training Tower at the premises of SES Unit Tom Price. The audit found that the tower does not meet Australian Standards AS1657 (fixed platforms, walkways, stairways and ladders as it has a continuous vertical rise of almost 9 metres). The existing ladder also lacks the facility to prevent members of the public climbing the tower when the Unit is unattended. The cost to bring it up to standard is approximately $35,000. FESA have agreed to reimburse the cost associated with this work in the 2011/2012 financial year as unforseen expenditure associated with this financial year’s ESL (Emergency Services Levy). Council is requested to authorise this expenditure so the works can be completed. Comment It is important that the safety of volunteers is maintained. Once Council has authorised the expenditure work will commence to fix the structure. Lot 492 Coolibah Street is owned by Rio Tinto but Local Government have the responsibility of financial administration through the ESL.


22

Consultation Executive Managers Statutory Environment Section 6.8(1) (b) of the Local Government Act 1960 indicates the expenditure not provided for in the Budget must be authorized in advance by Council. Policy Implications There are no Council Policies relevant to this issue. Financial Implications Whilst the expenditure will occur this financial year, FESA have indicated in writing that they will reimburse the expense in the 2011/2012 year. The only effect being a timing difference between expenditure and income. Strategic Implications There are no strategic implications relevant to this issue Voting Requirement Absolute Majority Required Officers Recommendation That Council authorise the expenditure of up to $35,000 for the repair of the Tower at the Tom Price SES Unit. Author: Morgwn Jones

Signature:


Signature:


23

11.12.15 COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT # Council

Meeting (mm/yy)

Agenda

Ref. Report Title Council Decision Current Status

1 11/10 15.11.24 Bush Fire Advisory Committee

That Council:

1. Accept the minutes of the Bush Fire Advisory Committee held on 9 November 2010.

2. Revokes all previous FCO appointments and appoints: (a) Morgwn Jones as CBFCO

Ian Chance as DCBFCO Chris O’Connell as DCBFCO Sebastian Reeve as FCO Geoff Harrison as FCO Peter Nazarovs as FCO Darryl Hannah as FCO Paul Madden as FCO For the whole of the Shire of Ashburton.

(b) Ivan Diaz as FCO Robert Morgan as FCO For the Paraburdoo area

(c) Michael Booth (CBFCO Shire of Roebourne) as FCO Andrew Norris (CBFCO Shire of East Pilbara) as FCO Peter Wilden (CBFCO Town of Port Headland) as FCO For those areas where the Shires share a boundary.

3. Provides up to $5000 for a purpose built Emergency Signage trailer.

4. Provides up to $500 for signage at the Boonderoo Rd Station.

5. That a third nomination be sought from the Bush Advisory Committee for the Paraburdoo area.

Under the ACT all FCO’s are appointed by the Bush Fire Advisory Committee (BFAC) and endorsed by Council. The EMA in Paraburdoo has resigned and the BFAC have taken him off the list of FCO’s in Paraburdoo, however once the replacement EMA is employed he will be appointed by due process to be recognised as an additional FCO for Paraburdoo.

2 08/09 11.08.12 Location of Entry Statement – Tom Price

Council appoint Crs Fernandez, Musgrave and Bloem, the Executive Manager, Community & Economic Services Larry Softley and the Executive Manager, Engineering Services, Jeff Breen to a working group for the purpose of looking at all the options for the establishment of the Tom Price Town Entry Statement.

Ongoing. Meeting with Mike Fisher and Mark Eaglesham to discuss design / implementation of rock painted by local Aboriginal Artist as a feature


24


Agenda


of the entry statement 24th August. Due to Mark Eaglesham’s leave arrangements will now be meeting 23rd September 2010. Mike Fisher to develop conceptual plans for presentation to Councillors. Shire President emphasized that after the discussions and presentation by Matt Bird on the Shire Tourism Strategic Plan it had occurred to him that we need to take an holistic approach to the Shires developments of all entry statements and information bays within our Shire towns and decide how we will approach these developments in light of the fact that the PRC has commissioned consultants to report back on a common approach to information bay and town signage from a tourism perspective. It was decided by the Tom Price Entry Statement Working Group to await the outcomes of the PRC consultant.

3 08/08 11.08.08 Review of Council Policies – Recreation & Culture

Requests the Chief Executive Officer to conduct a further review in relation to Council Policies REC05 & REC07 and report back to Council.

Ongoing. Policies REC05 & REC07 to be presented at the December Council meeting or when Council finalises the Tourism Strategy.

4 10/08

11.10.26

Reconstruction of Vic Hayden Memorial Swimming Pool

1. Resolves to bring forward funding of $400,000 this fiscal year 2008/2009 for the construction of the smaller pool at the Vic Hayton Memorial Pool Tom Price.

Ongoing. Pool opened to public on 24 September 2010. Official pool


25


Agenda


02/08

11.02.01

2. Resolves to endorse the early start of construction (pending confirmation of RIFP funding) by ACS Pty Ltd for the construction of the smaller pool at the Vic Hayton Memorial Pool Tom Price.

Council decision as at February 2008 That Council; 1. Directs the CEO to secure the necessary funding to

refurbish the Vic Hayton Memorial Pool; 2. Providing that the necessary funds are available, resolves

to refurbish the Vic Hayton Memorial Pool generally in the following manner;

o Refurbishment of the existing pool, retaining it as a 50metre, six lane facility including removal of the surrounding upstand, increase in return water gutter capacity, installation of a semi-wet deck, installation of new waterstop joints, tiling and provision of new hardware

o Upgrade of balance tank and plant room including new pumps and filtration system and extension of plant room

o Demolition of existing toddler’s pool and construction of new toddler’s of semi – circular shape with radius 3.81m and depth 230mm to 300mm connected to a children’s pool, being a rectangular pool with curved sides 6.1m x 12.8m and depth 760mm to 910mm.

o Demolition and construction of concrete concourse including new drainage

o Upgrade lighting to required standard o Refurbishment of existing office, kiosk, change rooms and

toilets; 3. Providing that the necessary funds are available, resolves

to direct the Executive Manager Community & Economic Services to call a Design and Construct Tender for the works.

opening being planned for late November 2010. Due to non availability of Ministers the official opening has been postponed to the new year.



26

12.12.0 CORPORATE SERVICES REPORTS

12.12.76 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY FILE REFERENCE: AS.AS AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Assistant CEO


Not Applicable




Not Applicable

Summary This report details the use of the Common Seal of the Shire of Ashburton under Delegated Authority. Background At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to regularly inform Council of details relating to the use of the Common Seal. Comment The Common Seal has been affixed to the following documents since this matter was last reported to Council: Seal 347 Employment Contract Executive Manager Engineering Services – SOA. Seal 348 Amendment No. 9 to the Shire of Ashburton Town Planning Scheme No. 7 Consultation Chief Executive Officer Statutory Environment Section 9.49 of the Local Government Act 1995 Policy Implications There are no policy implications relevant to this issue. Financial Implications There are no specific financial implications related to this issue.


27

Strategic Implications Strategic Plan 2008-2011 (Incorporating Plan for the Future) 6 – Well Managed and Contemporary Corporation Statutory Compliance, compliance with Shire of Ashburton procedures and policies Voting Requirement Simple Majority Required Author: Janyce Smith

Signature:


Signature:


28

12.12.77 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTHS OF OCTOBER AND NOVEMBER 2010

FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:

Frank Ludovico Executive Manager Corporate Services


Not Applicable

DATE REPORT WRITTEN: 8 December2010 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council. Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment This report presents a summary of the financial activity for the following month:

October 2010 • Statements of Financial Activity and associated statements for the Month of October 2010.

ATTACHMENT 12.12.77

November 2010

• Credit Card Statements for Chief Executive Officer, Executive Managers of Engineering Services, Community & Economic Services, Western Operations and Corporate Services, and Manager of Building Services.

• Schedule of Accounts paid under delegated authority.

ATTACHMENT 12.12.77


29

Consultation Executive Manager Corporate Service Other Executive Managers Finance Manager Finance Officers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and Regulation 34Local Government (Financial Management) Regulation 1996 Policy Implications There are no Council Policies relevant to this issue. Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications There are no strategic implications relevant to this issue. Voting Requirement Simple Majority Required Officers Recommendation That Council receive the Financial Reports for October 2010 and Schedule of Accounts and Credit Card Statements for November 2010. Author: Frank Ludovico

Signature:


Signature:


30

12.12.78 DEBTORS FOR WRITE OFF FILE REFERENCE: FI.RE AUTHOR’S NAME AND POSITION:

Natalie Briney Accounts Receivable Officer


Not Applicable

DATE REPORT WRITTEN: 22 November 2010 DISCLOSURE OF FINANCIAL INTEREST:



Not Applicable

Summary This is a request for writing off Bad Debts to a total value of $1738.14. Background The Accounts Receivable area has undergone substantial debt recovery in the past few months to ensure Councils financial matters are up to date and accurate. The following Bad Debts are requested to be written off. Comment Debtor No. 710 – Mr Ian Williams (Junior) The Debtor is an ex-employee of the Shire of Ashburton and the debt of $1738.14 is made up of Relocation Costs back charged because Debtor terminated his employment before 2 years service. As Accounts Receivable were not able to chase the Debtor, the Bad Debt was passed on to Austral Mercantile in October 2009. Several different attempts at chasing the Debtor at various addresses were unsuccessful, with a Field Call attempted at the last known address. Austral Mercantile have advised that there is nothing further that they can do to trace this Debt. Therefore recommend that the file be closed and the Debt Written Off. Total request to write off for Mr Ian Williams (Junior) - $1738.14 Consultation Executive Manager Corporate Services Finance Manager Accounts Receivable


31

Statutory Environment Section 6.12 of the Local Government Act 1995 states:

(1) Subject to subsection (2) and any other written law, a local government may –

a) When adopting the budget, grant* a discount or other incentive for the early payment of any amount of money;

b) Waive or grant concessions in relation to any amount of money or c) Write off any amount of money, Which is owed to the local government

* Absolute majority required Policy Implications Policy DA008 Delegated Authority – Writing Off Debts Policy FIN13 Accounts Receivable Recovery Financial Implications The total amount of Debt under consideration is $1738.14 Strategic Implications Strategic Objective 6 – A well managed and contemporary Corporation, Action 6 - Implement a transparent, equitable and financially sustainable finance and rates strategy. Voting Requirement Absolute Majority Required Officers Recommendation That Council Write Off Mr Ian Williams (Junior) - Invoice No. 3313 - Total Value = $1738.14. Author : Natalie Briney

Signature :

A/Manager : Jeff Breen

Signature :


32

12.12.79 REALLOCATION OF FUNDS – COUNTRY LOCAL GOVERNMENT FUND YEAR 1

FILE REFERENCE: FI.BU 10/11 AUTHOR’S NAME AND POSITION:

Frank Ludovico Executive Manager Corporate Services


Not Applicable

DATE REPORT WRITTEN: 6 December2010 DISCLOSURE OF FINANCIAL INTEREST:



Agenda Item 12.04.29 Ordinary Meeting of Council 21April 2010 Agenda Item 12.06.46 Ordinary Meeting of Council 16 June 2010

Summary Staff have reviewed expenditure under the Country Local Government Program Year 1 and it is unlikely all these funds will be spent this financial year. In order to obtain Country Local Government Fund Year 2 monies all Year 1 monies must be spent, audited and acquitted. This agenda item seeks to reallocate funds to projects that will be completed in the near future. Background In 2010/11 Budget Council carried forward $478,638 from the $1,803,793 allocation of the Country Local Government Fund Year 1 (CLGF1). These funds were allocated to the following projects:


33

Code Description Code CLGF1 Own Resources

Total

102388 Onslow Drainage 2 50,881 130,619 181,500 BC362 Tom Price Sports Pavilion 3 175,000 175,000 GE010 Peter Sutherland Oval - Softfall 4 5,000 10,000 15,000 GE011 Peter Sutherland Oval Retic 2 7,712 288 8,000 C035 TP & Para Cricket nets 1 7,044 2,956 10,000 BC319 Para Toilet Upgrade 5 1,208 Zero funds C/Fwd C037 Meeka Park 5 900 Zero funds C/Fwd C038 Doug Talbot Park 5 100 Zero funds C/Fwd BC345 Para Pool Shade Shelter 1 95,793 66,207 162,000 C251 Street Lighting Onslow 2 45,000 30,000 75,000 GE012 TP Entry Statement 3 50,000 50,000 CE 013 Install Tourist Info Boards 3 40,000 40,000 TOTAL 478,638 240,070 716,500 Code: 1 Complete 2 Will be complete in next 3 months 3 Substantially delayed 4 Budget Revised 5 Other Comment A condition of Country Local Government funding is that prior year funds are fully expended, audited and acquitted before the next round is made available. Staff have analyse the CLGF1 programme and note that some items will be substantially delayed. This delay means that Year 2 funding ($1.1 million for the Paraburdoo Town revitalisation budgeted in 2010/2011 Budget) will not be made available and projects cannot be undertaken this financial year. These substantially delay( Code 3) CLGF1 items:

• Tom Price Sports Pavilion Project – these CLGF1 funds are being used to match funding received from the Pilbara Development Commission in 2008/2009 of $175,000. The project planned with these funds has been totally revised into the much broader and all encompassing project for the Tom Price Sports Pavilion.


34

A number of actions occurring on the broader project but until the whole project is finished, expected in 2011/2012, we will not be able to acquit the funds.

• Tom Price Entry Statements and Installation of Tourism Information Boards. The Pilbara

Regional Council maybe undertaking a project using other Country Local Government funding for a similar project. This may take some time and once again delay the acquittal process. Whilst this is being negotiated staff believe it is appropriate to utilise these funds in other projects.

Other projects have had their budgets revised (Code 4) and in others, the projects were completed but small amounts were required to be carried forward by the Department (Code 5). What staff are recommending is the funds be reallocated to projects that will be completed shortly and also comply with CLGF guidelines. For the most part this will have nil effect on the Budget as we are just changing the fund source from CLGF to Own Resources.

Consultation Executive Manager Corporate Service Other Executive Managers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and Regulation 34 Local Government (Financial Management) Regulation 1996 Policy Implications There are no Council Policies relevant to this issue. Financial Implications Staff suggest the following re-allocations

Code Description CLGF1 Change New Allocations BC362 Tom Price Sports Pavilion 175,000 -175,000 0 GE010 Peter Sutherland Oval - Softfall 5,000 -5,000 0 BC319 Para Toilet Upgrade 1,208 -1208 0 C037 Meeka Park 900 -900 0 C038 Doug Talbot Park 100 -100 0 GE012 TP Entry Statement 50,000 -50,000 0 CE 013 Install Tourist Info Boards 40,000 -40,000 0 -272,208 0


35

Reallocations C100 Dual Pathways Onslow 0 +206,920 206,920 C102 Dual Pathways – Tom Price +65,288 65,288 TOTAL 272,208 272,208 These reallocations are designed to manage CLGF funding so we can access CLGF2 funds earlier. Strategic Implications Strategic Plan Objective 1 – Diversify and Strengthen the Economy Project 4 Townscape Planning - Develop Townscape Plans for Tom Price and Paraburdoo. (Incorporating town centre revitalisation initiatives, entry statements, public toilets etc.) Voting Requirement Absolute Majority Required Officers Recommendation That Council request the Department of Regional Development to reallocate the Shire of Ashburton’s Country Local Government Fund Year 1 funding as follows:

Code Description CLGF1 Change New Allocations BC362 Tom Price Sports Pavilion 175,000 -175,000 0 GE010 Peter Sutherland Oval - Softfall 5,000 -5,000 0 BC319 Para Toilet Upgrade 1,208 -1208 0 C037 Meeka Park 900 -900 0 C038 Doug Talbot Park 100 -100 0 GE012 TP Entry Statement 50,000 -50,000 0 CE 013 Install Tourist Info Boards 40,000 -40,000 0 -272,208 0

Reallocations C100 Dual Pathways Onslow 0 +206,920 206,920 C102 Dual Pathways – Tom Price +65,288 65,288 TOTAL 272,208 272,208 Author: Frank Ludovico

Signature:


Signature:


36

12.12.80 SHIRE OF ASHBURTON FIVE (5) FORWARD CAPITAL WORKS PROGRAM 2010

FILE REFERENCE: OR.IG 1.7 AUTHOR’S NAME AND POSITION:

Anand Patel Asset Management Engineer


Not Applicable


The author has no financial interest in proposal.


Nil

Summary The purpose of this agenda is to adopt the Forward Capital Works Plan (FCWP). This is a condition for receiving funding under the Country Local Government Fund (CLGF) Year 2 (2009/10). Background Royalties for Regions was established at the in late 2008 when the State Government announced its commitment to return the equivalent of 25 per cent of the State’s mining and onshore petroleum royalties’ revenue to regional Western Australia as Country Local Government Fund (CLGF) over 5 years of time period. As a part of CLGF funding the Shire received $1.8M in 2009/10. The requirement for the release of rest of the funding for year 2 to 5 is to submit Forward Capital Works Plan and have to demonstrate commitment to assets being accessible on a long term basis to the broader community. The Shire of Ashburton has also received $35,000 to prepare Asset Management Strategy and subsequent FCWP. This FCWP needs to be submitted to the Department of Regional Development before 31 December 2010. Comment Staff have prepared the Forward Capital Works Plan (FCWP) using Shire’s Strategic Plan (2007-2011) and Shire’s Draft Asset Management Strategy

ATTACHMENT 12.12.80 As identified in the 2010/2011 budget the Town Centre Revitalisation in Paraburdoo has been put forward for funding from CLGF Year 2.


37

Consultation Acting CEO and All Executive Managers Statutory Environment Not Applicable Policy Implications There are no Council Policies relevant to this issue Financial Implications The FWCP needs to be incorporated into Shire’s Long Term Financial Plan. It is notable that funding for Tom Price Revitalisation, Onslow Multipurpose Centre and Sporting Precinct, Tom Price Pavilion and Onslow Underground Power are largely funded by grants. The maintenance of these new facilities and existing assets will also need to be incorporated into Shire’s Long Term Financial Plan. Strategic Implications Consistent with Strategic Objective 2 - Include and Engage Our Community. Project 5.2 “Ensure community facilities are developed and maintained to a standard commensurate with community expectations and affordability - All community facilities included in Asset Management Plan.” Voting Requirement Simple Majority Required Officers Recommendation The Council adopted the Shire of Ashburton Five (5) Year Forward Capital Works Program 2010. Author: Anand Patel

Signature:

A/Manager: Jeffrey Breen

Signature:


38

12.12.81 CORPORATE SERVICES STATUS REPORT

# Council Meeting

Agenda


1 11/10 12.11.73 Change of Meeting Time for December Council Meeting

That Council: 1. Holds a planning workshop prior to the Ordinary Meeting of Council on 15

December 2010 commencing at 7.30am 2. Agrees to start the December Ordinary Meeting of Council at 10am. 3. Directs the Acting Chief Executive Officer to advertise the change of starting

time at least two weeks prior to the meeting.

Finalised Advertising done. Website updated.

2 11/10 12.11.74 Rate Debtors for Write Off That Council Write Off $1,947.93 of Interest and Rates for assessment A504984 Prospecting Licence P09/423.

Finalised Write off processed

3 09/10 12.09.63 Proposed Office & Facility Closures & Arrangements over 2010/11 Christmas / New Year Period

That Council: 1. Note the closure of the offices in Tom Price, Paraburdoo, Pannawonica and

Onslow for the period 2pm on Thursday 23 December 2010 to Monday 3 January 2011, reopening Tuesday 4 January 2011.

2. Note the changes to the rubbish collection. 3. Note closure of the pools on Christmas Day only.

Ongoing. To be advertised Nov & Dec 2010.

4 05/10 12.05.37 Repeal of Defunct and Obsolete Local Laws

That Council pursuant to section 3.12 of the Local Government Act 1995, give state wide public notice that it intends to make the Shire of Ashburton Repeal Local Law 2010, as contained in the Attachment, the purpose of which is to repeal superfluous, defunct and obsolete local laws; with the effect being more efficient and effective local government by removing outdated local laws from the public record. (Attachment 12.05.37).

Ongoing Advertisement being drafted by Local Laws Consultant

5 12/09 12.12.76 Realignment of Hillside Pastoral Station Boundary Border

That Council defer consideration of the agenda item until the February 2010 meeting of Council, the reason being subsequent to the preparation of the agenda item the Shire received two more proposals from the Local Government Advisory Board to amend the Shire’s boundary with the Shire of East Pilbara. It was considered appropriate to consider the proposals collectively.

Ongoing Initial discussions are being held with the Shire of East Pilbara in order to establish that Shires attitude to proposals.



39

13.12.0 DEVELOPMENT SERVICES REPORTS

13.12.71 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO. 7

FILE REFERENCE: PS.TP.7 AUTHOR’S NAME AND POSITION:

Kristy Ranger Executive Assistant to Building Services


Not applicable


The author has no financial interest


Not applicable

Summary Council has delegated to the Manager Building Services the authority to issue development approvals pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manager Building Services since the last Council Meeting are set out in this report. Background Council has delegated to the Manager Building Services the authority to issue development approvals, pursuant to the Shire’s Town Planning Scheme No.7, in certain circumstances. Details of approvals issued by the Manager Building Services since the last Council Meeting are set out below. Comment Six (6) approvals have been issued under delegation up until the date of this report. These were for:

Robe River Mining Company

Deepdale Drive, Pannawonica (Lease No. 3116/4627)

Planning Approval - 3 x sea containers and multipurpose building

Davis Langdon Juna Downs Station Planning Approval - 100 Man Camp & Utilities Rio Tinto Pty Ltd Loc 61 McRae Avenue,

Paraburdoo Planning Approval - Storage Shed and Veranda

Doug Diver Reserve 39327, Nameless Valley Road, Tom Price

Planning Approval – Transportable Caretakers Accomodation


40

Details of the approval may be obtained from the Manager Building Services. Statutory Environment Clause 9.3 of the Shire of Ashburton Town Planning Scheme No.7. Sections 5.45, 5.46, 5.70 and 5.71 of the Local Government Act 1995. Shire Code of Conduct. Policy Implications There are no policy implications relative to this matter. Financial Implications There are no financial implications relative to this matter. Strategic Implications Values:

• Professionalism • Quality service delivery & services

Our Focus:

• Economic growth and diversity • Quality lifestyle and social well being • Ecological sustainability and best practice environmental management • Improved services and infrastructure • Best practice local government

Critical Success Factors:

• Sound management practices • Determination and implementation of the agreed levels of services and service delivery

Action Plan, Improved Services & Infrastructure:

• Review & implement managerial policies and practices Voting Requirement Simple Majority Required Recommendation That the contents of this report be noted. Author: Kristy Ranger

Signature:


Signature:

Jakamo Remote Services

Auski Tourist Village Planning Approval - Office

Pivot Way Pty Ltd T/As McGrath Homes

AML 47/273 Onslow Road, Onslow

Planning Approval – Transportable Office


41

13.12.72 RESERVE 40025 “TRANSORMER SITE”, LOT 60 METTAWANDY PL, PARABURDOO

FILE REFERENCE:

PA.TU

AUTHOR’S NAME AND POSITION:

Keith Pearson Senior Project Officer


Rio Tinto Iron Ore P/L and State Land Services

DATE REPORT WRITTEN:

28 November 2010

DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.


Not applicable

Summary Reserve 40025 (Lot 60) Mettawandy Place, Paraburdoo is a small reserve upon which Rio Tinto Infrastructure has constructed an electrical transformer. The reserve has no formal management order attached to it and for this reason State Land Services is attempting to regularize the tenure of the land. One possible option being considered for the land is that the site be incorporated into the Mettawandy Place road reserve, which is in the Shire’s jurisdiction. State Land Services has written to the Shire and asked whether Council would support including the transformer site in the road reserve.

Background Reserve 40025 (Lot 60) Mettawandy Place, Paraburdoo is a small reserve (approximately 20 sq metres) upon which Rio Tinto Infrastructure has constructed an electrical transformer. The reserve has no formal management order attached to it and for this reason State Land Services (SLS) is attempting to regularise the tenure of the land. The location of the reserve is shown on the attached plan.

ATTACHMENT 13.12.72 Comment SLS has advised that while the most appropriate solution to the tenure issue would, in theory, be to issue a management order to Rio Tinto Infrastructure, this is not possible due to the Land Management Act prohibiting private entities from holding such orders.


42

It is in this context that SLS has identified two possible solutions to the problem. These are:

• grant Rio Tinto Iron Ore a lease over the site, or • incorporate the site into the Mettawandy Place road reserve

SLS advised Rio Tinto Infrastructure of the two options open to it. The company subsequently replied that it favoured the second option.(ie the “road reserve option”). SLS has now written to the Shire and asked whether Council would support including the transformer site in the road reserve. Furthermore, State Land Services has requested that if Council is supportive of the reserve’s inclusion in the road reserve then it (Council) pass a resolution to that effect and it also indemnify the State in relation to any costs which may arise from such an action. While the proposal does not appear to be a matter of major significance, it does not appear to be appropriate that the Shire should be unilaterally indemnifying the infrastructure of other agencies. It is for this reason that it is recommended that, should Council agree to the proposal, it only do so if Rio Tinto Infrastructure indemnifies the Shire in a manner similar to the indemnity given by the Shire to SLS. Statutory Environment Land Administration Act Financial Implications There are possible, but unknown, costs to the Shire if it indemnifies the State when incorporating Reserve 20025 into the Mettawandy Place road reserve, if the Shire does not obtain a similar indemnity from Rio Tinto Infrastructure. Strategic Implications There are no strategic implications relevant to this matter. Voting Requirement Simple majority required Officers Recommendation That Council: Resolves to advise State Land Services that;

(a) it agrees to Reserve 40025 being incorporated into the Mettawandy Place road reserve, and

(b) it indemnifies the State Government for any costs which may be incurred as a result of such action, subject to Rio Tinto Infrastructure indemnifying the Shire in a similar matter, to the satisfaction of the Shire Chief Executive Officer.

Author: Keith Pearson

Signature:


Signature:


43

13.12.73 DRAFT PERCENT FOR PUBLIC ART LOCAL PLANNING POLICY REVIEW

FILE REFERENCE:

OR.CM.1

AUTHOR’S NAME AND POSITION: Rob Paull Shire‘s Town Planning Consultant


Shire of Ashburton

DATE REPORT WRITTEN: 30 November 2010



PREVIOUS MEETING REFERENCE: Agenda Item 13.11.76 – Ordinary Meeting of Council 17 November 2009 Agenda Item 13.12.48 – Ordinary Meeting of Council 16 December 2008

Summary At its Ordinary meeting of 16 December 2008, Council adopted the ‘Local Planning Policy – Percent for Public Art’ for final approval in accordance with the provisions of the Shire‘s Town Planning Scheme No. 7. In association with the adoption of the Planning Policy, Council also resolved to review the Policy in 12 months of adoption. The Planning Policy was reviewed at its meeting of 17 November 2009 where Council resolved not to modify the Planning Policy but a further report monitoring the Policy be provided to Council in 12 months. One instance of the Policy implementation has been undertaken since its adoption - which was for the Shire‘s multi-purpose community complex at Onslow. Inclusion of ‘public art‘ was a recommendation associated with the proposed Tom Price airport however that application was withdrawn before Council determined the matter. It is recommended that Council note this report and that no modification to the Planning Policy be undertaken. In addition, it is recommended that a further report monitoring the Policy be provided to Council on or before December 2012.

Background At its Ordinary meeting of December 2008, Council adopted a Percent for Art Local Planning Policy (‘Policy‘) with the objective of protection and enhancement of amenity and identity of the public domain in Tom Price, Onslow, Paraburdoo, major commercial and community buildings, entry points, squares, foreshores and parks within the Shire of Ashburton through:

• promotion of civic, community and cultural identity by introducing public art which makes streets, open spaces and buildings more locally distinctive;


44

• enhancing a sense of place by encouraging public art forms which reinforce and highlight European and Indigenous history, cultural heritage and contemporary traditions;

• promotion of community reflection, inspiration, celebration and well being; • improving visual amenity by use of public art to screen unattractive views and improve the

appearance of places; and • improving the functionality of the public domain through the use of public art to provide

appropriate street furniture functions. A copy of the Policy is attached.

ATTACHMENT 13.12.73 During the advertising period of the (then) draft Policy, one submission was received from Rio Tinto Iron Ore P/L (‘RTIO‘) which covered a range of matters relating to the Policy. The adopted Policy was modified from the (then) draft by clarifying that it only applied to all development that is open to the public and that the normal means of achieving the Policy outcomes would be by condition of Planning Approval. One instance of implementation of the Policy has been undertaken since its adoption which was for the Shire‘s multi-purpose community complex at Onslow. The relevant condition for the Planning Approval stated:

“(g) The Applicant shall contribute towards public art in accordance with the Shire’s “Percent for Public Art Local Planning Policy” with contribution of not less than one percent of the value of the development (as defined in the Building Licence Application) to the satisfaction of the Shire of Ashburton, in one of the following ways: • provided on site; or • cash-in-lieu payments; or • a combination of onsite art or cash-in-lieu payments”.

Inclusion of ‘public art‘ was a recommendation associated with the proposed Tom Price airport however the application was withdrawn before Council determined the matter. Conclusions It is generally accepted that public art contributes to the attractiveness of a place to residents, businesses and tourism, encouraging and underpinning sustainable economic, social and environment values. The Policy offers a clear and concise approach to the process, while also incorporating community considerations such as opportunities for local artists and public art. At this stage, Council has not deliberated on any ‘private‘ planning applications where the Policy would normally be applied. However, Council has clearly shown commitment to the purpose and the practice of the Policy with the inclusion of the public art contribution for its own community building proposal in Onslow. A review of the Policy by Council in 2009 reiterated the need to retain the Policy as adopted. It is recommended that no modification to the Policy be undertaken. However, it is recommended that a further report monitoring the Policy be provided to Council in two years (ie. on or before December 2012).


45

Consultation Acting Chief Executive Officer Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 Policy Implications This Policy provides a basis for the imposition of justifiable development conditions and clear guidance for the Shire to ensure a consistent approach for public art contributions. Financial Implications The rate of one percent applied on developments with construction values over $1,000,000 will result in a minimum contribution of $10,000. The rate and threshold is an industry standard. The Shire's Capital Works is also subject to the Policy; this will require a portion of the allocated budget to be considered and may result in monies being set aside for all eligible proposals. Strategic Implications There are no strategic implications that relate to this matter. Voting Requirement Simple Majority Required Officers Recommendation That Council: 1. Note the contents of this report. 2. Resolve that no modification to the adopted Local Planning Policy – Percent for Public Art Policy

be made. 3. Request the A/CEO to monitor Local Planning Policy – Percent for Public Art Policy and report

back to Council on or before December 2012 concerning the implementation of the Policy. Author: Rob Paull

Signature:


Signature:


46

13.12.74 DRAFT AMENDMENT NO. 10 TO PLANNING SCHEME NO. 7 AND DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN

FILE REFERENCE:

PS.TP.10


Keith Pearson Senior Project Officer and Rob Paull Consultant Town Planner


Chevron Australia P/L


30 November 2010


The authors have no financial interest in the proposal.


Agenda Item 14.12.20 Ordinary Meeting of Council 16 December 2008 Agenda Item 13.03.03 Ordinary Meeting of Council 17 March 2009 Agenda Item 13.10.63 Ordinary Meeting of Council 27 October 2009 Agenda Item 13.12.89 Ordinary Meeting of Council 15 December 2009 Agenda Item 13.07.38 Ordinary Meeting of Council 21 July 2010 Agenda Item 13.10.61 Ordinary Meeting of Council 20 October 2010

Summary In December 2008 the State Premier issued a media release which detailed the State Government’s intent to develop a hydrocarbon industrial hub of State significance on a site approximately 12 kms south west of the town of Onslow. The Premier stated that It is the State Government’s intent that the site, named the Ashburton North Strategic Industrial Area (ANSIA), service the gas rich Carnarvon Basin and Exmouth Gulf. More specifically he noted the site has been identified as the possible location for Chevron’s proposed Wheatstone LNG plant, BHP Billiton/Exxon’s proposed Scarborough LNG plant and BHP’s Macedon Domestic Gas facility. He also stated that it is proposed to develop a common port facility, to be operated by the Dampier Port Authority, to service the ANSIA, while additional land is to be developed by Landcorp in support of possible future hydrocarbon related industries Council, at its December 2009 meeting considered a report in relation to the proposed ANSIA and it’s possible impact on Onslow, particularly as it related to social services and physical infrastructure. Following it’s consideration of the officer’s report Council resolved to initiate an amendment to its Planning Scheme No. 7 (Amendment 9).


47

The purpose of this Shire initiated amendment was to establish the “ground rules” or criteria against which development within the ANSIA is assessed, to ensure that development is co-ordinated, orderly and takes into account it’s impact on community services and infrastructure in Onslow. The amendment proposes to meet these objectives by identifying a Special Control Area (SCA) covering the entire ANSIA. It is proposed that no major development occur within this area unless the land is appropriately rezoned and is consistent with the provisions of a Structure Plan produced for the entire site. Amendment No. 9 has progressed to the point that it has been approved by the Minister for Planning and is now passing through the final administrative processes, prior to being Gazetted. The Shire has now received a submission from town planning consultants representing Chevron Australia P/L, the proponents of Wheatstone LNG plant. The submission requests that the Council initiate an amendment to the Shire’s planning scheme (Amendment No. 10) which would result in the rezoning of the Wheatstone LNG site as well as the proposed common port facility site from their existing “Rural” zoning and “Conservation Recreation and Nature Landscape” reservations to “Strategic Industrial” in the Shire’s Planning Scheme. The proposed amendment also proposes to rezone land to be used for associated land uses including infrastructure and transport corridors as well as land to be used for a construction transient workforce facility. Council has also been requested to adopt the Draft ANSIA Structure Plan which the company has had developed for the entire ANSIA site. The purpose of this plan is to ensure development within the ANSIA is consistent with a clear and co-ordinated strategy for the entire area. Both of the documents submitted to Council have been prepared having regard to the Shire initiated Amendment No. 9 to the Shire’s planning scheme. In the very limited time that the Administration has had available, it has undertaken an assessment of the proposed scheme amendment and the associated draft Structure Plan and as a result has concluded that the proposed scheme amendment warrants being initiated by Council and progressing to the formal advertising stage, subject to a number of conditions being met. Background Council, at its December 2008 meeting considered a report (Agenda Item 14.12.20) which highlighted to Council the severe limitations which adversely impact on the orderly development of the existing Onslow Strategic Industrial Area, (OSIA), located immediately outside of the Onslow Townsite, generally to the west of Onslow Road. Specific problems identified in relation to the site included;

• The site’s proximity to the Onslow townsite and aerodrome. • The potential closing of Sunset Drive and therefore loss of access to Four Mile Creek. • Environmental and heritage constraints. • The potential impact on existing Onslow Salt operations, including its haul road. • The impact of buffer zones on the future development of Onslow.


48

The report noted that during 2007 the Department of Industry and Resources (now the Department of State Development (DSD)) had identified a possible alternative site that could be available for hydrocarbon related industries. The site, which is located approximately 12 kms to the south west of Onslow, has subsequently been called the Ashburton North Strategic Industrial Area (ANSIA) The December 2008 report to Council highlighted the fact that the ANSIA site was likely to overcome the problems identified with the existing OSIA and it was for this reason Council resolved: “That Council

1. Lobby State Government to seek in principle agreement and endorsement of the North Ashburton Industrial Precinct, and

2. Request the State Government undertake the necessary fatal flaw studies and high level analysis to better understand the feasibility of the North Ashburton Precinct.”

Three days later, on 19 December 2008 the State Premier issued a media release which detailed the State Government’s intent to develop a hydrocarbon industrial hub of State significance on a site approximately 12 kms south west of the town of Onslow (ie on the ANSIA site). The Premier stated that it is the State Government’s intent that the ANSIA site service the gas rich Carnarvon Basin and Exmouth Gulf. More specifically, he noted that the site has been identified as the possible location for Chevron’s proposed Wheatstone LNG plant, BHP Billiton/Exxon’s proposed Scarborough LNG plant and BHP’s Macedon Domestic Gas facility. It is also proposed to develop a common port facility, to be operated by the Dampier Port Authority, to service the ANSIA, while additional land is to be developed by Landcorp in support of possible future hydrocarbon related industries. A copy of the Premier’s media release is attached

ATTACHMENT 13.12.74a At its March 2009 meeting Council considered a further report in relation to the proposed ANSIA. The report noted that four DSD sponsored working groups had been formed in order to make an assessment of the proposed ANSIA and the Shire had been invited to have representatives on three of these groups. Following its consideration of the officer report Council resolved:

“That Council advise the DSD that Council is of the opinion that the development and implementation of a Social Impact Plan and infrastructure Plan for the town of Onslow be an integral part of any development approval for any project construction activities.”

It was during this period that the Shire Administration became concerned that although there were various working groups made up of relevant state government agencies, and in most cases the Shire, the strategic planning process for the ANSIA was lacking in direction and appeared to have little momentum. For this reason the Shire Administration submitted a report to the December 2009 meeting of Council, proposing that Council initiate a planning scheme amendment to its Town Planning Scheme No 7, which would ensure that the Shire’s best interests were protected.


49

It was suggested that the planning issues generated by development of the proposed ANSIA and its impact on the Onslow community would be best addressed by creating a “Special Control Area” (SCA) over the proposed ANSIA site. It was explained that the existing ”Rural” zoning and the “Conservation Recreation and Nature Landscape” reservation covering the ANSIA would not satisfactorily ensure that adequate consideration is given to these impacts, particularly those relating to social services and the provision of infrastructure within the town of Onslow. It was explained that the SCA would, in effect, establish the “ground rules” or criteria against which development within the ANSIA would be assessed prior to development approval being given by the Shire. It was suggested that the SCA contain a requirement that development not occur within the ANSIA unless the land has been appropriately rezoned and, furthermore, a Structure Plan (SP) which would guide all development within the ANSIA, in a co-ordinated manner, would have to be prepared prior to development occurring. Council supported this proposal and as a result resolved:

“That Council resolves to advise the DOP (Department of Planning), DSD and Chevron, BHP Billiton/Exxon Mobil that it is Councils opinion that in relation to the establishment of the Ashburton North Strategic Industrial Area (ANSIA), 1. the following planning processes will be required;

• The creation of the ANSIA in the form of a “Special Control Area” under the scheme which would establish the planning controls and structure planning for the ANSIA

• The Special Control Area and structure plan/s would define the Ashburton North SIA area, the sites for LNG development, the port area, the multi-user corridor, construction camp areas, infrastructure and transport corridor

• It is Council’s expectation that the planning process referred to above will also address the “re-planning” of the existing SIA in Onslow along with the necessary assessment of social impact and infrastructure needs of the Onslow community

2. “Spot” zonings for individual sites will not be supported until the “Special Control Area” is

undertaken or the “zoning” of individual sites incorporates an agreed “Special Control Area and “Structure Plan”.

3. Council is open to suggestions from proponent companies associated with the ANSIA who

may wish to pursue a Scheme Amendment for “their” land in tandem with Special Control Area and Structure Plan, in concert with the above direction of the Shire, DoP and DSD.”

Immediately following the October 2009 Council meeting the Shire staff commenced progressing the concept of a Special Control Area for the ANSIA and by December 2009 a report proposing that the Shire, itself, initiate the planning scheme amendment creating the Special Control Area was submitted to Council. In that report it was noted:

“In the Report to Council of 27 October, it was not clear who would be responsible for the preparation of the “Special Control Area‘, Scheme Amendment and structure plan/s. Since the resolution of Council, was passed, Shire staff met with representatives from the Department of Planning, Department of State Development and the Department of Conservation and Environment.


50

From these discussions, it is considered that it is in Council‘s best interest to initiate a Scheme Amendment and to define the Special Control Area (itself) as the success or otherwise of the Ashburton North SIA directly links to the Onslow Townsite Strategy. Amendments and the preparation of the Ashburton North Strategic Industrial Area Structure Plan would the responsibility of an industry proponent.

The scheme amendments and the structure plan would, however have to be prepared having regard to the conditions and criteria applying to the Special Control Area.”

Council subsequently resolved to initiate a planning scheme amendment, itself, in order to create the Special Control Area over the ANSIA. This scheme amendment, known as Amendment No. 9, underwent an extensive programme of consultation with various State Government agencies and relevant resource companies. It was also the subject of a 42 day period of public advertising. Despite this extensive consultative process the amendment has made relatively quick progress through the planning process to the point that the amendment was adopted, in its final form, by Council at its July 2010 meeting. The Minister for Planning has since approved the amendment on the 4 November 2010. Gazettal of the Amendment No. 9 is expected to have occurred prior to the council meeting. Significant aspects of the amendment include:

• No subdivision or development shall occur within the ANSIA (except for the Macedon Domestic Gas Plant) unless the land is rezoned and a Structure Plan has been prepared and adopted. (The Macedon Domestic Gas project was exempted from an initial rezoning because of the relatively small scale of the project and because of the statewide importance of increasing the state’s supply of domestic gas. The development approval issued for the development does, however, requires BHP, the proponent, to complete a rezoning of the Macedon site within the framework of Amendment 9 prior to the use commencing.)

• The predominant use and development within the ANSIA shall be LNG and hydrocarbon related processing industries.

• Transient workforce accommodation shall not be permitted other than as may be permitted by the Structure Plan.

• The Structure Plan requires a “social impact assessment identifying pressures on community facilities and services within Onslow, along with the method to implement funding by developer contributions identified in the Ashburton North Strategic Industrial Area Structure Plan.”

A copy of a plan identifying the area covered by the Special Control Area identified in Amendment No. 9 is attached. ATTACHMENT 13.12.74b In the time since the Premier identified the proposed ANSIA site in December 2008 Chevron Australia Pty Ltd has been undertaking investigations with the objective of establishing the proposed Wheatstone LNG plant within the ANSIA. This has occurred within a framework of ongoing discussions with both the relevant state government agencies and the Shire. Chevron’s project represents the first major proposal within the ANSIA (see earlier comments about the Macedon Domestic Gas project) and in order to progress it’s proposal it has become necessary for the company to both rezone the land to be occupied by the plant (as well as the site of the proposed Common Port Area and associated infrastructure and transport corridors) and, as lead (first) proponent within the ANSIA, also prepare the necessary Structure Plan.


51

Chevron has now progressed its proposals to the point where it has now submitted a request to Council that it adopt:

• A proposal to rezone the proposed Wheatstone LNG site, the adjacent Common Port Area, associated infrastructure and transport corridors, as well as the site of the proposed construction transient workers accommodation site (proposed Amendment 10 to the Shire’s Town Planning Scheme 7; and

• A draft Structure Plan for the ANSIA. The company has been guided in its preparation of its proposed scheme amendment and its associated structure plan by the provisions of the Shire initiated Amendment No. 9 to the planning scheme. The Proposal and method of assessment Chevron has submitted two separate documents for Council consideration, these being Draft Amendment No. 10 to the Shire of Ashburton’s Town Planning Scheme No 7 and the Draft Structure Plan for the Ashburton North Strategic Industrial Area. Copies of both documents have been distributed to Councillors prior to the agenda being distributed. Additional copies will be tabled on the day of the Council meeting. A copy of the actual draft Structure Plan is attached to this report.

ATTACHMENT 13.12.74c The ANSIA Structure Plan can, in practice, be prepared either prior to, or in association with the rezoning of specific sites to ‘Strategic Industry‘. In this case, Chevron has elected to have the ANSIA Structure Plan and the proposed Amendment (Amendment No. 10) considered together. Importantly, this allows both the ANSIA Structure Plan and Amendment No. 10 to be publicly advertised together. Should Council be generally satisfied with the contents of the planning documents submitted to it by the company, it would be appropriate for Council to initiate the proposed Scheme Amendment No. 10 subject to any conditions it may think appropriate. Council could resolve to initiate proposed Amendment No. 10 by referring it to the EPA without formally determining the ANSIA Structure Plan, however, the ANSIA Structure Plan should ‘accompany’ Amendment No. 10 in order that a clearer understanding of the amendment is possible. Council initiating the scheme amendment will result in it being referred to the Environment Protection Authority (EPA) in order that the authority may determine the level of environmental assessment the amendment is to be subjected to. While the draft Structure Plan would also be forwarded to the EPA, the plan is not, itself subject to the authority’s statutory processes and would only be forwarded in order to assist the authority assess the amendment. The EPA has, in fact, informally advised the Shire that it (the EPA) has advised Chevron of the formal level of environmental assessment it is requiring for the physical construction of the Wheatstone LNG project.


52

The authority has stated that in view of this fact it was unlikely to require a separate environmental assessment for the proposed amendment. This does, however, need to be confirmed formally. It is emphasized that the Environment Protection Act takes precedence over all planning legislation and therefore the proposed amendment can only follow a path determined by the statutory environmental processes. One outcome of this is no final adoption of the scheme amendment can take place prior to the environmental processes overseen by the EPA being completed. Following initiation of the amendment by Council the amendment would also be referred to various state agencies for comment, in addition to the EPA. Once the EPA and agencies have responded to Council’s initiation of Amendment No. 10, then Council will then need to consider whether to proceed to the next stage of the planning process which is advertising of the Amendment. It is this stage that both the draft Amendment No. 10 and the draft ANSIA Structure Plan would be made available for community consultation. It is anticipated that Council would seek to advertise both documents for 60 days and invite Chevron to undertake a community forum in Onslow. Importantly, by the time it is proposed that the draft Amendment No. 10 and the draft ANSIA Structure Plan be available for community consultation, Council will need to be comfortable with the information in both documents. It will need to ensure that the documents reflect the strategic direction of the Shire and, equally importantly, ensure that the social contract between the State, Chevron and the Shire has been clearly defined. It will be then that the community can assess the detail of the ANSIA development, along with the level of social and hard infrastructure proposed for Onslow. It should be noted that at present the social infrastructure agreement with Chevron and the State is yet to be finalised. It is imperative that it be undertaken prior to Council resolving to move to the community consultation phase Finally, Councillors will note that the draft ANSIA Structure Plan refers, in some cases, to further detailed information being provided at the “development plan” stage. Essentially, there are two ‘levels’ of structure planning proposed. The higher level structure plan is the ANSIA Structure Plan, which will cover the entire ANSIA while plans for specific sites (eg the Wheatstone LNG site) are referred to as ‘development plans’. Chevron has not submitted a development plan for the Wheatstone site at this point in time. It is, however, acceptable that some of the more detailed assessments be deferred to the development plan stage. Comment Throughout the preparation of the two planning documents there has been extensive dialogue between the company, the Shire and the various state government agencies. This interaction has been at both a formal and an informal level. It is noted, for example, that for an extended period of time the two report authors have held teleconferences with Chevron representatives on a weekly basis in order to discuss the preparation of the scheme amendments. There have also been monthly meetings of a company initiated working group consisting of company representatives, the Shire, as well as the relevant state government agencies.


53

In addition to these more formal arrangements there have been numerous informal meetings between the Shire Administration and the various stakeholders. Despite the many discussions which have taken place during the preparation of the draft scheme amendment and Structure Plan, it has not been possible to make a totally satisfactory assessment of the proposals, to date. This is partly due to many of the formal meetings which took place having been “process”, not “content” driven. This has meant that despite efforts by the Administration to obtain technical reports and other documents in a timely manner, this has not always occurred. This, combined with the fact that the Shire has had only a very short time to review and assess the final draft documents, means that a significant amount of detail work still needs to be undertaken by the Administration. This does not, however, mean that it is has not been possible to assess the overall merits of the proposals, relative to the Shire’s Amendment No. 9. During the consultation process which took place as Amendment No. 10 and the associated ANSIA Structure Plan were prepared, a number of issues of major concern were identified by the Shire administration and/or by relevant State Government agencies. In a number of cases these matters have been resolved while others are at various stages of resolution. Summaries of the more major issues which have arisen during the preparation of the scheme amendment and draft Structure Plan are detailed below, while the most recent correspondence from the various state agencies,(submitted after a very short working day, viewing of the final draft) are contained in the enclosed attachment.

ATTACHMENT 13.12.74d

It is emphasized that the state agency comments listed represent only the more significant issues identified by them. As was explained previously, there will be an opportunity for these organisations to comment in greater detail prior to the amendment being advertised. Infrastructure and Transport Corridors Various state government agencies, in particular DSD, Dampier Port Authority and Landcorp have identified the lack of continuity in the Multi-User Access and Infrastructure Corridor (MUAIC) as being the major outstanding issue in relation to the planning of the ANSIA. The preference of all parties has been for an unencumbered corridor, 300 metres wide, extending in a north south direction along the eastern side of the ANSIA, thus providing all development with unfettered access to the port. Achieving the preferred alignment has been complicated by the fact that the north eastern portion of the ANSIA is located on land over which Onslow Salt holds an existing lease. Negotiations involving Onslow Salt, Chevron and DSD have been held with the objective of achieving the release of the land from the Onslow Salt lease. To date, Chevron and Onslow Salt have reached an agreement whereby Onslow Salt would relinquish the land, subject to conditions restricting the range of materials which can be conveyed along this section of the corridor. Significantly, the passage of some hydrocarbon products would be prohibited due to concerns Onslow Salt has in relation to the possible contamination of its salt product. Further, it is proposed that this section of the corridor be reduced from 300 to 200 metres in width.


54

Chevron proposes to address this limitation in the continuity of the MUAIC by identifying an alternative corridor along the western side of the ANSIA with a possible east – west MUAIC connection to the eastern corridor by a link generally located immediately south of the Wheatstone site. This proposal, which is not favoured by DSD, Dampier Port Authority nor Landcorp has the following disadvantages:

• The link is of a lesser geometric standard. • The link’s alignment immediately south of the Wheatstone would occupy land that is amongst

that which is most suitable for development. • The link would be significantly more expensive to construct. • No party has committed to the design and construction of the link.

It is of note that Chevron has included the proposed east west link in the Draft Structure Plan but not in Amendment No. 10. The company argues that this does not represent an inconsistency in the planning process. The report authors are, however, of the opinion that it is necessary for either the eastern corridor to become unencumbered or for the proposed scheme amendment to include the possible east west corridor link if the amendment is to be progressed. The latter option may have timing implications due to the need to have the environmental implications of the link assessed (this link is not included in the documentation relating to the physical construction of the LNG plant previously submitted by the company to the EPA). Chevron has advised that it is continuing to hold discussions with Onslow Salt in an endeavour to resolve this issue. If the ongoing negotiations between Chevron and Onslow Salt are unsuccessful, the Administration is of the opinion that state guidance on the matter should be sought at Ministerial level. More detailed comments on this aspect of the proposed Structure Plan are contained in the Schedule of Modification to the Structure Plan, which is referred to later in this report. Operational Workforce Accommodation Chevron expects that the Wheatstone LNG project will generate a direct workforce of 300 or 400 workers when it commences operations in 2016. During preliminary discussions with the Shire Administration the company has conveyed an ambiguous message with regards its proposals with respect to accommodating its operational workforce. Until recently, the company had at least three concurrent positions on the matter. These were: • In its draft Environmental Impact Statement (EIS)/Environmental Review and Management

Programme (ERMP) lodged with the EPA ‘the company stated that all

• The early draft of Amendment No. 10 proposed the possible temporary accommodation of the operational workforce within the ANSIA in the event of there being insufficient/inadequate social services and physical infrastructure within Onslow to accommodate the entire operational workforce.

operational staff (up to 400 operational staff) will be located in the proposed transient workforce accommodation camp within the ANSIA.

• During preliminary discussions with the Shire in relation to social services and infrastructure requirements for Onlow and the early drafts of proposed Structure Plan, the company proposed 25 percent of the workforce be permanent Onslow residents (ie equivalent to 100 houses) and the balance of FIFO workers permanently accommodated in a transient workforce accommodation in the ANSIA.


55

The Shire Administration supported none of the company’s positions for the following reasons: • It would establish an unacceptable precedent where all operators at the ANSIA would have the

same opportunity and potential to house operational staff at Ashburton North in perpetuity. • No definitive assessment has been made on actual numbers of people living at Ashburton North,

however on the basis of deduction it is reasonable to assume that it could eventually be in excess of 700 – 800 people.

• The proposal would result from there being two permanent towns, given that Chevron’s operation could be established for at least 50 years.

• An operational workforce camp could limit the overall size, development and operation of the ANSIA over time.

• Chevron should reasonably be expected to contribute to improving the social and physical infrastructure of Onslow.

• An operational workforce camp within the ANSIA would weaken the opportunity for upgrades of water, power and community facilities at Onslow.

• By relying upon an operational workforce camp within the ANSIA, Chevron’s social and economic commitment to Onslow would be questioned.

It was in this context that Chevron wrote to Council on 22 September 2010, asking Council to advise the company as to its attitude to a proposed scheme amendment which would permit an operational workforce to be based at the ANSIA. Council considered the company’s request at its October 2010 when it resolved, in part

“That Council

1. Instruct the Chief Executive Officer to write to Chevron Australia P/L advising the company in relation to Chevron’s correspondence of 22 September 2010 as well as Chevron’s “preliminary” draft Amendment 10 to the Shire of Ashburton Local Planning Scheme, draft Structure Plan for the Ashburton North Strategic Industrial Area (ANSIA) and draft Development Guide Plan, Council would not initiate any Amendment to the scheme that provides for operational workforce accommodation at the ANSIA.”

The Council also provided the company with guidance as to a form of scheme amendment that would be generally acceptable to the Council. This was done by providing the framework of a draft amendment. The final form of draft Amendment No. 10 submitted by the company for consideration by Council generally reflects the advice Council gave the company in relation to this matter. More specifically, the document makes no provision for operational workforces to be based in accommodation located on the ANSIA. Hydrology and Surface Water Management Hydrological and surface water issues have been subjects of major concern to the Shire Administration. Of particular concern is the fact that the ANSIA site and the east west Multi-User Access and Infrastructure Corridor (MUAIC) connecting it with Onslow Road lie within the flood plain of the


56

Ashburton River. This has the potential to adversely impact on flood patterns if development does not adequately take the issue of hydrology into account.

Of particular concern is the possibility that the MUAIC acts as an impediment to flood waters travelling from the inland river catchment, thus forcing flood waters to deviate northwards towards Onslow Road. The initial hydrological studies undertaken by the company were not considered adequate by the Administration. Of particular concern, they did not permit the impact of development on the flooding of Onslow Road to be adequately determined. The concerns voiced by the Shire were supported by Main Roads WA and Landcorp. As a result of these concerns the two state agencies have worked with Chevron and BHP (the proponent of the Macedon Domestic Gas project) in order to undertake a more extensive hydrological study of the ANSIA. The outcome of that study is still to be received by the Shire. Briefings received by the Shire suggest, however, that the work being undertaken will address the Shire’s earlier concerns. Main Roads WA and Landcorp have verbally voiced similar opinions. It is proposed that the Scheme Amendment not be advertised until a satisfactory hydrological study has been submitted to the Shire. Social Impact Assessment and Development Contribution Plan Clause 9 (o) of Amendment 9 to the Shire’s Planning Scheme states that the following shall be taken into account when preparing the Structure Plan for the ANSIA

“o) A social impact assessment identifying pressures on community facilities and services within Onslow, along with the method to implement funding by developer contributions identified in the Ashburton North Strategic Industrial Area Structure Plan.”

A social impact assessment has been prepared and is attached as Appendix B to the Structure Plan report. It has not been possible in the limited time available to make a detailed assessment of the document however, an initial review suggests that its contents represent the minimum requirements associated with the development of Onslow. Clause 9 (o) of Amendment 9 also requires that the method of implementing developer contributions towards the provision of necessary social services and infrastructure be addressed. Chevron has highlighted the proposed Industrial Precinct Development Agreement (IPDA) between it and the State as being the most appropriate method of addressing this requirement of the Shire’s planning scheme. The proposed IPDA will be an agreement between the State and the company in relation to the provision of infrastructure. It will also address State issues of significance, including such matters as local content and the provision of domestic gas supplies. The Administration acknowledges that the proposed IPDA will play a significant role in ensuring that the necessary social services and infrastructure is provided in a timely manner. It is noted, however, that the IPDA is an agreement between the State and Chevron. The Shire is not a party to it. Furthermore,


57

the IPDA will address matters of regional and state significance. It will not address local and community matters which are normally the responsibility of local government.

For the reasons outlined above, it is thought that the proposed IPDA is not a satisfactory vehicle for addressing all community service and infrastructure issues. It is for this reason that the Shire Administration proposes a formal agreement between the Shire and Chevron in order that issues of particular concern to the Shire are addressed. This approach to contributing to community services and infrastructure has been discussed with company representatives who have verbally agreed in principal to preparing such an agreement. The company has provided correspondence agreeing to the approach outlined and noting as follows:

“Chevron is committed to ensuring that it meets its social obligations associated with the Wheatstone project and believes the IPDA will deliver the necessary social infrastructure for Onslow. Chevron recognizes that it will need to enter into a separate agreement with the Shire for the delivery of certain social infrastructure that will benefit the community of Onslow.”

ATTACHMENT 13.12.74e

It is necessary to modify the Structure Plan in order to reflect the need for an agreement between the Shire and the company in relation to this matter. It is proposed that the Shire solicitor prepare the appropriate wording to address this issue. It is proposed that the Scheme Amendment not be advertised until the Shire and the company have agreed in writing to the form of the proposed agreement. Shared Infrastructure A feature of ongoing discussions with the major companies which have shown an interest in the ANSIA is their reticence to make any meaningful commitment to infrastructure sharing, both within the ANSIA and between it and the town of Onslow. The State has on a number of occasions voiced concern about this lack of commitment to infrastructure sharing. It is noted, however, that it is within the State’s powers, through such processes at the preparation of the IPDA referred to above, to require great consideration be given to infrastructure sharing. It is proposed that modifications be made to the draft Structure Plan which will place greater emphasis on infrastructure sharing. Access to Hooleys Creek Clause 9 (p) of Amendment 9 to the Shire’s Planning Scheme states that the following shall be taken into account when preparing the Structure Plan for the ANSIA. “p) Should Hooley’s Creek be unavailable for the community to freely access, suitable alternative access arrangements providing unlimited community access to the coast shall

be determined.”


58

The draft Structure Plan submitted by the company makes no specific reference to Hooley’s Creek public accessibility. This is in contrast to written comments received from Dampier Port Authority (DPA), which has stated:

“While the DPA strongly advocates for unencumbered "general cargo" access to the Port, the DPA does not support full public road access to the Port ,and in particular, to Hoo[ey Creek. While the issue of road access to Hooley Creek is not for the DPA to decide, it is not desirable from the DPA’s perspective to have for instance, cars and caravans parking next to the second largest piece of industrial infrastructure in the State (there is also a significant security threat accorded by a public access arrangement).”

DSD also stated in recent correspondence to the Shire:

“This (Hooleys Creek) requires further discussion and the State will advise its position shortly. On current information Hooley’s Creek will not be accessible to the community and alternative access arrangements need to be identified.”

It is clear that this is an unresolved matter and is one which needs to be addressed prior to the Amendment being advertised. As has previously been noted, it has not been possible in the short time available to assess the full detail of the proposed amendment and Structure Plan (indeed not all supporting documents have been provided at the time this report was prepared). The Administration’s assessment to date has, however, yielded a number of matters which require clarification or modification in both documents. The schedules outlining these matters of interest are contained in the enclosed attachments.

ATTACHMENT 13.12.74f ATTACHMENT 13.12.74g

Conclusion The proposed Amendment No. 10 and Structure Plan are relatively complex documents which will contribute to the orderly planning of a major industrial precinct of national significance. The Administration’s review of the documentation to date suggests that while there are numerous matters outstanding, or requiring modification (and some of these are of significance), it would be appropriate for Council to formally initiate the proposed scheme amendment. This comment is made in light of the fact that initiation will enable the statutory process of referring the amendment to the EPA to be undertaken, while outstanding issues can be attended to by means of ongoing discussions between the company, the Shire and relevant state agencies. Council can take comfort in this process, knowing that the resultant documentation will be submitted to it for consideration prior to it approving advertising of the amendment and Structure Plan. Consultation Acting Chief Executive Officer Executive Manager Western Operations Department of State Development Department for Planning


59

Landcorp Dampier Port Authority Department of Environment and Conservation Environment Protection Authority Main Roads WA Department of Water Department of Mines and Petroleum Department of Transport Water Corporation Horizon Power Department of Indigenous Affairs Department of Health Chevron Australia Pty Ltd Statutory Environment Shire of Ashburton Local Planning Scheme No. 7. Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and planning regulations. The decision on whether to adopt an amendment is solely that of Council (this is where this ‘draft Amendment’ currently sits in the process). Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal is considered by Council. After public advertising, Council will consider whether to adopt the Amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning, acting upon recommendation from the Western Australian Planning Commission. Both draft Local Planning Scheme Amendment No. 10 and the draft ANSIA Structure Plan rely upon the Gazettal of Local Planning Scheme No. 9, which establishes the planning framework for the Structure Plan and draft Amendment No. 10. The Minister for Planning has approved Amendment No. 10 with minor textual modifications, which the Shire has provided to the Department of Planning. The Department is in the process of finalising the Amendment and will then Gazette the final Amendment. Importantly, it is suggested that the initiation of Amendment No. 10 will not proceed until the Gazettal of Amendment No. 9. The recommendation to Council is that it acknowledges this process. Financial Implications The Shire has calculated the fees charged for assessing the planning scheme amendment and structure plan fees in accordance with those set out in the Town Planning Fees and Charges Regulations in order to meet the administrative and other costs it incurs as a result of it processing the company’s applications. Strategic Implications A new Strategic Industrial Area at Ashburton North will have significant impact upon the Shire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments. The Shire’s Strategic Plan 2007-2011 (Incorporating Plan for the Future) seeks to:


60

“1. Diversify & Strengthen the Economy 2. Encourage new industry investment within the Shire.”

Also, under the heading “Diversify and Strengthen the Economy” of the Council’s Strategic Plan, the following objective is noted:

“New Industry

1. Advise Chevron Australia Pty Ltd that subject to modifications generally in accordance with Schedule 1 attached to this Report (Attachment 13.12.74f) and receipt of a revised hydrology assessment prepared to the satisfaction of the Chief Executive Officer, Council is willing to accept the draft Ashburton North Strategic Industrial Area Structure Plan as a draft structure plan pursuant to the provisions of the the Shire of Ashburton Local Planning Scheme No. 7 and more specifically, (draft) Local Planning Scheme Amendment No. 9.

Measures and Targets » Increase in major investment enquiries » Increase in building activity » Community satisfaction with economic development » Increased employment opportunities..

Voting Requirement Simple majority required Officers Recommendation DRAFT ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA STRUCTURE PLAN That Council:

2. Request Chevron Australia Pty Ltd to undertake the modifications as included in Schedule 1 and

any modifications an outcome of the revised hydrology assessment along with any other modifications identified by the Chief Executive Officer as being appropriate and then refer the document back to the Shire.

3. Advise Chevron that in relation to the modifications sought in 1 above, it should not be construed

that further changes to the draft Ashburton North Strategic Industrial Area Structure Plan will not be required as an outcome of the referral of draft Scheme Amendment No. 10 and further assessment of information received.

DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 10 1. That the Council in pursuance of Section 75 of the Planning and Development Act 2005 ("Act"),

initiate Scheme Amendment No. 10 to the Shire of Ashburton Local Planning Scheme No. 7 by:

a. Rezoning portion of Part Lot 152 and Part Lot 153 Onslow Road, Unallocated Crown Land Lot 238 and portion of Part Unallocated Crown Land Lots 301 and 302 from ‘Rural’ zone and


61

‘Conservation, Recreation and Natural Landscapes’ reserve to ‘Strategic Industry’ zone and ‘Other Purposes – Infrastructure’ reserve.

b. Rezoning Part Lot 152 Onslow Road from ‘Rural’ zone to ‘Special Use – Transient Workforce

Accommodation’ zone. c. Inserting into Schedule 2 the following:

No. Description of

Land Special Use Conditions

2. Portion of Ashburton Location 153, Onslow Road

Transient Workforce Accommodation

1. Land use and development shall generally be in accordance with a Structure Plan and Development Plan approved by the local government and the Western Australian Planning Commission which addresses those matters defined in Clause 7.9 and Appendix 11 as it relates to the Ashburton North Strategic Industrial Area and specifically, provides details on the layout, staging, operational period of the use, accommodation of operational workforce, transport, access, landscaping, management and environmental issues associated with the development and the use of the land.

2. All transient workforce accommodation shall be

considered a ‘D’ use under the Scheme. 3. Transient workforce accommodation shall only

be used for accommodation of a workforce directly involved in the construction or maintenance of those uses and developments approved in writing by the local government.

4. Transient workforce accommodation for

operational purposes of any use or development is prohibited.

5. The local government may require the

preparation of a legal agreement in relation to the use and operation of the transient workforce accommodation and to ensure that only those persons involved in the construction or maintenance of those uses and developments approved in writing by the local government.


62

2. That, as the draft Amendment is in the opinion of the Council consistent with Part V of the Act and regulations made pursuant to the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be referred back to Council for further consideration.

3. The initiation of draft Amendment No. 10 as referred to in 1. above is subject to the following being

undertaken prior to the referral of draft Amendment No. 10 to the EPA (as referred in 2. above): a. Gazettal of Amendment No. 9 to the Shire of Ashburton Local Planning Scheme No.7;

and

b. the proponent undertaking the modifications to draft Local Planning Scheme Amendment No. 10 generally in accordance with those included as Schedule 2 (Attachment 13.12.74g), the modifications the draft Ashburton North Strategic Industrial Area Structure Plan (Attachment 13.12.74f) and any other modifications identified by the Chief Executive Officer as being appropriate.

4. In the event that the EPA determines that the draft Amendment is to be subject to formal

environmental assessment, this assessment is to be prepared by the proponent prior to advertising of the draft Amendment.

5. That prior to referring back the Amendment to Council for consideration, the views of the following

agencies be sought concerning the draft Amendment:

• Dampier Port Authority • Department of Environment and Conservation • Department of Main Roads WA • Department of Planning • Department of Regional Development and Lands • Department of State Development • Department of Water • Landcorp.

6. That following response from the EPA in accordance with Part 2 above and response from

agencies in accordance with Part 5, the Chief Executive Officer in preparing a further Report to Council on the matter be requested to address (but not be limited to) the following:

a. responses from the EPA and agencies; b. the issue of unencumbered access to the Multi-User Access and Infrastructure Corridor; c. clarification on the impacts of the proposed port and Wheatstone proposal on unrestricted

access to Hooleys Creek; and d. progress on the separate agreement for infrastructure in Onslow with the Shire and

Chevron Australia Pty Ltd (as referred to in Chevron’s correspondence of 7 December).


63

7. Advise Chevron Pty Ltd that in relation to Council initiating draft Scheme Amendment No. 10 and

the modifications sought in Schedule 2 (Attachment 13.12.74f and Attachment 13.12.74g), it should not be construed that further changes will not be required as an outcome of referral and further assessment of information received.

Authors: Keith Pearson / Rob Paull

Signature:


Signature:


64

13.12.75 DRAFT PLANNING SCHEME AMENDMENT NO. 11 TO REZONE ONSLOW STRATEGIC INDUSTRIAL ZONE TO RURAL, DELETE ONSLOW STRATEGIC INDUSTRIAL BUFFER AREA AND DRAFT LOCAL PLANNING POLICY FOR THE DEVELOPMENT OF THE LAND

FILE REFERENCE: PS.TP.7.11 AUTHOR’S NAME AND POSITION:

Rob Paull Shire’s Town Planning Consultant


Shire of Ashburton




Agenda Item 13.07.38 Ordinary Meeting of Council 21 July 2010 Agenda Item 14.06.08 Ordinary Meeting of Council 16 June 2009 Agenda Item 13.03.03 Ordinary Meeting of Council 17 March 2009 Agenda Item 14.12.20 Ordinary Meeting of Council 16 December 2008

Summary Council resolved (in part) at the meeting of 16 June 2009 to:

“(c) Support the rezoning of the existing Onslow Strategic Industrial Area to “Rural” pursuant to the Shires Town Planning Scheme No 7.”

In addition, Council adopted Amendment No. 9 to the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) for final Approval in July 2010 and included the following policy statement:

“The local government does not support two strategic industrial areas associated with Onslow. The local government believes that existing Onslow strategic industrial area is not required and its removal will allow opportunities for further town expansion and a mix of other uses. The establishment of the ANSIA allows State and local government to review the need for retaining the existing Onslow strategic industrial area. When a scheme amendment is sought for the ANSIA, the scheme report will review the need or otherwise for retaining the existing Onslow strategic industrial area and this information will be used by the local government to prepare an amendment concurrent with the proponent’s amendment.”

It is recommended that Council initiate Amendment No. 11 to rezone the Onslow Strategic Industrial Area to ‘Rural zone’ and to delete the Onslow Strategic Industrial Buffer Area.


65

The desired timing of Amendment No. 11 is to be considered and advertised in concert with the draft Amendment No.10 and associated Structure Plan. In this regard, should Amendment No. 10 be initiated (note Council Item 13.12.74) then Amendment No. 11 should also be adopted and referred to the EPA for assessment. Once the EPA has responded, the matter be referred back to Council for consideration along with a draft Local Planning Policy that amongst other things, addresses the need for a structure plan for the site prior to any development. Background The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’) was Gazetted on 24 December 2004 and has not been reviewed. The Scheme introduced the ‘Strategic Industrial’ zone which has only been located within Onslow, however as the following indicates, planning for a strategic industrial site predates the actual Gazettal of the Scheme. The existing Onslow SIA is identified through the (then) Department for Planning and Infrastructure’s 2003 Onslow Structure Plan. The current Onslow SIA is approximately 475 ha in area and allows for a 3000 m buffer zone to other land uses, as indicated on the Scheme Maps. Located to the south-west of the existing Onslow townsite, the Onslow SIA is loosely bound by the existing Onslow Salt haul road and ponds/crystallisers, on some of the highest land available. The Onslow SIA is bounded by Conservation and Recreation reserved areas to the north and west, the Onslow Salt evaporation ponds to the west, and low-lying wetlands to the south.

ATTACHMENT 13.12.75 The area of the ‘Strategic Industrial’ zone is in two separate locations. The larger of the two zones has an area of approximately 400ha and is encompassed by a ‘buffer’ area that extends 3 km from the boundary of the zone. The buffer area effectively limits land uses in a manner not to impact any developments or operations in the zone. The second of the ‘Strategic Industrial’ zones has an area of approximately 50ha and is understood to be associated with the Onslow Solar Salt Agreement Act 1992. It is not the intention to seek to modify the Scheme in relation to this land. The two ‘Strategic Industrial’ zones have never been developed. The Onslow Structure Plan (Final September 2003) notes that in July 1998, the then DRD commissioned a consultant to review industrial development potential in the Onslow area. The result was the report Onslow - Potential Development Sites for Processing Industry and Offshore Support. It contended that, due to the Onslow Solar Salt Project and the established and potential oil and gas industries in the Onslow area, there was potential for strategic industry such as a petrochemical plant or mineral resource processing. The report also indicated potential for further port development for industry. This, in conjunction with offshore oil/gas activity and the local fishing industry might justify the development of a supply base/secure harbor at Onslow. The proposals in the report outlined several development options in and around the Onslow townsite, which included: • a strategic industrial estate in the vicinity of 350ha (five site options); • a marine facility - supply harbor (three options, including one at Beadon Point); • a supply base land support area in the vicinity of 80ha; and • additional port facilities.


66

Further research occurred in 1999, through the DRD commissioned Review of Development Factors for Potential Onslow Industrial-Estate. This report identified a preferred site for strategic industry and support services, and outlined a number of development scenarios for various industries that could locate in the Onslow area in the long term. As a result of the then DRD assessment, the Onslow Structure Plan made provision for a strategic industry with an area of approximately 475ha which could potentially accommodate the following generic industries: • petrochemical plant - 150ha; • magnesium plant - 50ha; • sodium cyanide plant - 80ha; • ammonia urea plant - 50ha; • gas to liquids plant - 50ha. A nominal buffer zone of 3km was sought which allowed for noise and risk factors and can be refined as project details are developed, and environmental approvals sought. At the 16 December 2008 meeting of Council, Council resolved:

“That Council: 1. Lobby State Government to seek in principle agreement and endorsement of the North

Ashburton Industrial Precinct. 2. Request the State Government undertake the necessary fatal flaw studies and high level site

analysis to better understand the feasibility of the North Ashburton Industrial Precinct.”

This preceded an announcement on 19 December 2008 by the State Premier who announced that “... a new Strategic Industrial Area would be created at Ashburton North, 11km south-west of Onslow. This would provide the opportunity to establish processing facilities for the commercialisation of recent and expected future gas discoveries”. Between December 2009 and October 2010, Council actively pursued Amendment No. 9 to the Scheme which sought to establish the ‘Ashburton North Strategic Industrial Area’ reflecting the Premier’s statement and Council resolution of 16 December 2008. Amendment No. 9 has been approved by the Minister for Planning and is awaiting the return of documents so it can be Gazetted. Amendment No. 9 to the included the following policy statement:

“The local government does not support two strategic industrial areas associated with Onslow. The local government believes that existing Onslow strategic industrial area is not required and its removal will allow opportunities for further town expansion and a mix of other uses. The establishment of the ANSIA allows State and local government to review the need for retaining the existing Onslow strategic industrial area. When a scheme amendment is sought for the ANSIA, the scheme report will review the need or otherwise for retaining the existing Onslow strategic industrial area and this information will be used by the local government to prepare an amendment concurrent with the proponent’s amendment.”


67

Comment Draft Amendment No. 11 reflects the direction of Council as determined in 16 June 2009:

“(c) Support the rezoning of the existing Onslow Strategic Industrial Area to “Rural” pursuant to the Shires Town Planning Scheme No 7.”

As outlined within the Draft Onslow Townsite Strategy (Shire of Ashburton, January 2010):

“Onslow is a strategic location of interest to resource companies due to factors such as its location, deep-water access and proximity to offshore gas reserves. A number of industry feasibility studies have identified the Onslow area in their assessments. The recent proposal to locate LNG facilities at the Ashburton North Strategic Industrial Area provides the impetus for a significant expansion of the town to accommodate LNG plant workers and their families. The ultimate development of Ashburton North will include a new port and general industry area that will provide the support to the LNG facilities, port and Onslow.”

A set of actions were identified within the Strategy to protect the character and viability of Onslow which included rezoning the Onslow SIA. This was reinforced in the Onslow Regional Hotspots Land Supply Update prepared by the Department of Planning in February 2010, which identified the likely rezoning of the existing Onslow SIA given development of the Ashburton North SIA. Rezoning of the existing SIA at Onslow to ‘Special Use’ frees up the area to support growth in Onslow. Given the constraints placed by the location of the Onslow SIA to enable the townsite expansion, coupled with the provision of some 8000ha of strategic industrial land at Ashburton North, it has been concluded that the SIA in Onslow is surplus to the town’s industrial requirements. In this regard, it is acknowledged that the Shire is progressing a Scheme Amendment (No. 11) to rezone the Onslow SIA to a zoning that allows for the expansion of the Onslow townsite. It is recommended that Council initiate Amendment No. 11 to rezone the Onslow Strategic Industrial Area to ‘Rural zone’ and to delete the Onslow Strategic Industrial Buffer Area. It is suggested that a Local Planning Policy be prepared that addresses the need for an overall structure plan for the site and the preferred uses. This Policy would be prepared in consultation with the Onslow Recreational Clubs Association and provided to the community as part of the formal advertising of Amendment No. 11. The desired timing of Amendment No. 11 is to be considered and advertised in concert with the draft Amendment No.10 and associated Structure Plan. In this regard, should Amendment No. 10 be initiated then Amendment No. 11 should also be adopted and referred to the EPA for assessment. Once the EPA has responded, the matter be referred back to Council for consideration along with a draft Local Planning Policy that amongst other things, addresses the need for a structure plan for the site prior to any development. Consultation Acting Chief Executive Officer Executive Manager Western Operations


68

Statutory Environment Planning and Development Act 2005 Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and Town Planning Regulations. The decision on whether to adopt an amendment is solely that of Council (this is where this ‘draft Amendment’ currently sits in the process). Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning, acting upon recommendation from the Western Australian Planning Commission. Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 Policy Implications None anticipated Financial Implications Rezoning as proposed would limit the amount of rates that could be pursued on the land if the Onslow SIA was ever developed. However, the ability to rate the ANSIA will be greater than the Onslow SIA. Importantly, removal of the 3km buffer may allow other development to occur that would otherwise be prohibited. Strategic Implications The modifications to the Scheme as sought will assist in achieving the focus as stated in the Shire’s Strategic Plan 2007-2011:

“Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire.”

Voting Requirement Simple Majority Required Officers Recommendation That Council, the Council in pursuance of Section75 of the Planning and Development Act 2005 ("Act"), initiate draft Amendment No. 11 ("draft Amendment") to Shire of Ashburton Local Planning Scheme No. 7 ("Scheme") that proposes to: 1. Rezone Part Location 303, Onslow Road, Onslow from ‘Strategic Industrial zone to ‘Rural’ zone.

2. Modify the Scheme Maps accordingly.

3. Modify Clause 7.1 of the Scheme to delete reference to ‘Onslow Strategic Industrial Buffer’ and for Clause 7.1 to read as follows:

“7.1 Operation of Special Control Areas


69

7.1.1 The following special control areas are shown on the Scheme map:

(a) Tidal Inundation Areas (b) Onslow Coastal Hazard Area (c) Onslow Airport Height Restrictions Area (d) Cane River Water Reserve Area (e) Turee Creek, Mt Lionel and Mt Stevenson Borefields (f) Wittenoom (g) Ashburton North Strategic Industrial Area”

4. Modify the Scheme Legend to delete “Onslow Strategic Industrial Buffer – Special Control Area” as

set out in the Amendment Legend.

5. Modify the Scheme Maps to delete “Onslow Strategic Industrial Buffer – Special Control Area”.

6. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act and on receipt of a response from the EPA, be referred back to Council for further consideration.

7. That following response from the EPA in accordance with part 4 above, the matter be referred back to Council for further consideration. In preparing a further Report on the matter, the A/Chief Executive Officer be requested to:

i) address the response from the EPA; and

ii) provide a draft Local Planning Policy that addresses the need for an overall structure plan for the

site along with the preferred uses and request input from the Onslow Recreational Clubs Association in its preparation.

Author: Rob Paull

Signature:


Signature:


70

13.12.76 DRAFT LOCAL PLANNING SCHEME AMENDMENT NO. 13 – NEW SCHEME PROVISION PROVIDING FOR FURTHER DEVELOPMENT POTENTIAL OF LAND IN ONSLOW ZONED RESIDENTIAL R12.5

FILE REFERENCE: PS.TP.7.13 AUTHOR’S NAME AND POSITION:

Rob Paull Shire’s Town Planning Consultant


Shire of Ashburton




Not applicable

Summary Council resolved on 17 November 2010 as follows:

“That the Acting Chief Executive Officer prepare a report to the December meeting of Council that addresses the potential for a scheme amendment on land in Onslow zoned Residential R12.5 that would provide duplex development on specific lots.”

Such an Amendment would be in keeping with the draft Onslow Townsite Strategy which included the following statement: “Potential to modify the Scheme to allow for lots currently zoned R12.5 to have an opportunity to seek a higher density on the basis of two dwellings per lot and higher density where amalgamation of lots is sought. This will be subject to an overall assessment to be undertaken on the implications on the floodway and development within it.” The provision would allow for land in Onslow zoned Residential R12.5 and where reticulated water and sewer was available to seek: • two grouped dwellings on a vacant lot comprising not less than 875m², with a minimum site area

of 450m² per grouped dwelling, subject to advertising; and • grouped dwellings at a maximum density of R30 on vacant lots greater than 1500m² subject to

advertising. Any application would require an engineering assessment as to the implications on the floodway and development within it.


71

The desire of pursuing a generic Amendment of this nature is to limit the need for seeking spot rezoning but still having strong enforceable development criteria through the Scheme provision and an accompanying local planning policy. It is recommended that the Amendment No. 13 be initiated by the Shire and referred to the EPA, Department of Planning, Department of State Development, Water Corp and Land Corp before advertising the Amendment. Once the Agencies have responded, the matter be referred back to Council for consideration. Background As with most planning Schemes in Western Australia, the Residential Planning Codes (R-Codes) are incorporated into the Shire of Ashburton Town Planning Scheme No. 7 (‘Scheme’) by reference and all residential use and development is to be in accordance with the R Codes. Clause 6 of the Scheme empowers the R-Codes as the principal policy for which all residential development must be assessed against. The Scheme Map clearly identifies all residential lots with an R-Code, the number of which identifies the maximum density on a per hectare basis. For example, a lot with an R-Code of R20 has a general density of 20 dwellings per hectare. On a square metre basis this equates to an average 500m2 site / lot area per dwelling. The R-Codes are a State Planning Policy and apply state-wide to the majority of the local government town planning schemes. In the preparation of the Scheme residential lots / areas were designated R-Codes according to the most appropriate density for the site based on existing character and values to be retained in the future. Council resolved on 17 November 2010 as follows:

“That the Acting Chief Executive Officer prepare a report to the December meeting of Council that addresses the potential for a scheme amendment on land in Onslow zoned Residential R12.5 that would provide duplex development on specific lots.”

Such an Amendment would be in keeping with the draft Onslow Townsite Strategy which included the following statement:

“Potential to modify the Scheme to allow for lots currently zoned R12.5 to have an opportunity to seek a higher density on the basis of two dwellings per lot and higher density where amalgamation of lots is sought. This will be subject to an overall assessment to be undertaken on the implications on the floodway and development within it.”

ATTACHMENT 13.12.76

Within Onslow, the majority of residential land in Onslow is zoned R12.5/30 (300m2 average when sewer is available). Land generally within Third Avenue is zoned R12.5 (800m2 average). Normally, in larger centres and cities, specific residential areas are coded at higher densities to encourage grouped dwelling development. These areas are generally identified around focus points, such as town centres, neighbourhood centres and areas of open space.


72

Principles of orderly and proper planning and sustainability, suggest that the location of higher density areas about identified focus points is an appropriate form of 'consolidation' of zoning and correspondingly higher density development opportunities. Proposal It is suggested that the Shire investigate the inclusion of a new clause to the Shire’s Scheme which would allow for land in Onslow zoned Residential R12.5 and where reticulated water and sewer was available to seek: • two grouped dwellings on a vacant lot comprising not less than 875m², with a minimum site area of

450m² per grouped dwelling, subject to advertising; and • grouped dwellings at a maximum density of R30 on vacant lots greater than 1500m² subject to

advertising. It is intended that a Local Planning Policy would accompany the Amendment that would define design criteria and the like associated with development of the land. In effect, draft Amendment No. 13 would allow Council to approve a duplex on a vacant lot with an area of 875m2 where the current minimum size is 1600m2 (R12.5). The Shire has adopted the draft Onslow Townsite Strategy and in the process of assessment, received a number of submissions seeking to rezone land (generally) in Third Avenue, Onslow from R12.5 to R30. There are 269 permanent dwellings in Onslow, majority of which are developed for single houses. All of the 67 lots zoned R12.5 (not including Bindi Bindi) have a site area greater than 875m2. This represents 24% of permanent dwellings in Onslow. On the face of it, a maximum of 67 lots would be affected by the Amendment, although should lots be consolidated, some R30 style development opportunities might arise. The remainder of the residential lots in Onslow are zoned R12.5/30 – with the R30 potential being initiated when sewer is available. In this regard, all of the R12.5/30 area is applicable for R30 development potential as sewer is available throughout Onslow. It is noted however that any modification to the Scheme that improves development opportunities in Onslow is problematic as the supply of reticulated water is restricting development potential in the Town. Should Amendment No. 13 eventually achieve Government approval, the ability to consider such development within Onslow would not be available until the water supply is significantly improved. Suggested draft Amendment The suggested Scheme provision is as follows: 6.6 Special Application of the Residential Planning Codes ADDING THE FOLLOWING:

“6.6.3 Not withstanding any other provision of the Scheme, on land in Onslow zoned Residential R 12.5 and where reticulated sewerage and reticulated water is available to a lot and where the Applicant has addressed to the requirements of the local government, matters associated with the floodway and development within it:


73

(a) the local government may consent to the development for the purposes of the erection

of not more than two grouped dwellings on a vacant lot comprising not less than 875m², with a minimum site area of 435m² per grouped dwelling subject to formal advertising pursuant to Clause 5.7;

(b) the local government may for the purposes of urban consolidation, only consent to the

development of a vacant lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m² subject to formal advertising pursuant to Clause 5.7; and

(c) in determining any application lodged pursuant to Sub-Clauses (a) & (b) above the

local government shall consider, in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning Policy and amenity of the immediate locality in which the proposed development is to be situated.”

Conclusions Onslow is under considerable development pressure for residential accommodation. It is noted that the principle of the draft recommended provisions were discussed with officers from the Department of Planning. They correctly expressed caution and consider any implications of potentially ‘ad hoc’ increased density. As an alternative to pursuing this Amendment, they have suggested Council undertaking a strategic planning exercise to increase the R-Code densities in appropriate locations may prove a better planning solution to avoid an ad hoc planning outcome. The Department’s informal comments are noted however, it is respectfully suggested that the draft Amendment would not lead to ad-hoc planning. The reality is that Onslow is a relatively compact town and residential areas have easy access to community and commercial services. The suggestion of a ‘strategic planning exercise’ (probably in the form of a residential strategy) that could result in wholesale rezoning of residential areas is not supported, as it fails to acknowledge the immediate need of the Shire and the relative minor nature of what is proposed. The desire of pursuing a generic Amendment of this nature is to limit the need for seeking spot rezoning but still having strong enforceable development criteria through the Scheme provision and an accompanying local planning policy. Consultation Acting Chief Executive Officer Executive Manager Western Operations Department of Planning Statutory Environment Planning and Development Act 2005


74

Town Planning Scheme amendments are processed in accordance with the Planning and Development Act (2005) and Town Planning Regulations. The decision on whether to adopt an amendment is solely that of Council (this is where this ‘draft Amendment’ currently sits in the process). Upon adoption by Council the amendment is referred to the Environmental Protection Authority (EPA) after which public advertising of the proposal occurs. After public advertising, Council will consider whether to adopt the amendment for final approval with or without modifications. The final decision on whether to grant final approval to an amendment rests with the Minister for Planning & Infrastructure, acting upon recommendation from the Western Australian Planning Commission. Shire of Ashburton Town Planning Scheme No. 7 Environmental Protection Act 1986 State Planning Policy 3 - Urban Growth and Settlement (SPP 3) - includes the following objectives: • To promote a sustainable and well planned pattern of settlement across the State, with sufficient

and suitable land to provide for a wide variety of housing, employment, recreation facilities and open space.

• To build on existing communities with established local and regional economies, concentrate investment in the improvement of services and infrastructure and enhance the quality of life in those communities.

• To manage the growth and development of urban areas in response to the social and economic needs of the community and in recognition of relevant climatic, environmental, heritage and community values and constraints.

• To promote the development of a sustainable and liveable neighbourhood form which reduces energy, water and travel demand while ensuring safe and convenient access to employment and services by all modes, provides choice and affordability of housing and creates an identifiable sense of place for each community.

• To coordinate new development with the efficient, economic and timely provision of infrastructure and services.

The Shire is required to have due regard to State Planning Policies in the preparation of amendments to its Scheme. The amendment is consistent with the objectives of SPP 3. Policy Implications None anticipated Financial Implications None anticipated Strategic Implications The modifications to the Scheme as sought will assist in achieving the focus as stated in the Shire’s Strategic Plan 2007-2011:

“Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire.”


75

Voting Requirement Simple Majority Required Officers Recommendation That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), initiate draft Amendment No. 13 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes: 1. Modifying Clause 6.6 of the Scheme by inserting the following clause:

“6.6.3 Notwithstanding any other provision of the Scheme, on land in Onslow zoned Residential R

12.5 and where reticulated sewerage and reticulated water is available to a lot and where the Applicant has addressed to the requirements of the local government, matters associated with the floodway and development within it:

(a) the local government may consent to the development for the purposes of the erection

of not more than two grouped dwellings on a vacant lot comprising not less than 875m², with a minimum site area of 435m² per grouped dwelling subject to formal advertising pursuant to Clause 5.7;

(b) the local government may for the purposes of urban consolidation, only consent to the

development of a vacant lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m² subject to formal advertising pursuant to Clause 5.7; and

(c) in determining any application lodged pursuant to Sub-Clauses (a) & (b) above the

local government shall consider, in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning Policy and amenity of the immediate locality in which the proposed development is to be situated.”

2. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of

the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA be referred back to Council to consider whether the Amendment will further pursued.

3. That the views of Department of Planning, Department of State Development, Water Corp and Land

Corp be sought concerning the draft Amendment. 4. That following response from the EPA in accordance with Part 2 above and the Department of

Planning, Department of State Development, Water Corp and Land Corp in accordance with Part 3, the matter be referred back to Council for further consideration. In preparing a further Report on the matter, the Chief Executive Officer be requested to:


76

i) Address the responses from the EPA and agencies; and ii) Provide a draft Local Planning Policy that addresses the necessary residential design criteria

and any special town related matters.

Author: Rob Paull

Signature:


Signature:


77

13.12.77 APPLICATION FOR PLANNING APPROVAL FOR A 800 PERSON CONSTRUCTION VILLAGE/ACCOMMODATION FACILITY (‘TRANSIENT WORKFORCE ACCOMMODATION’) FOR SOLOMON DALLY MINE

FILE REFERENCE: SOLM AUTHOR’S NAME AND POSITION:

Rob Paull Town Planning Consultant


Davis Langdon for FMG




N/A

Summary The Shire is in receipt of an Application for Planning Approval for a construction village and accommodation for up to 800 persons and associated utilities/infrastructure. The ‘village’ is required for the establishment of FMG’s Solomon Project which involves the development of a new mining province in addition to the Chichester mines already operated by Fortescue at Cloudbreak and Christmas Creek. The Solomon Project includes two new iron ore mines at deposits known as Firetail and Kings on greenfield sites approximately 60 km north of Tom Price. Due to a separate assessment being undertaken pursuant to the Environmental Protection Act (‘EPA Act’), Council is unable to determine the applications until the environmental elements have been approved. The application has been assessed against Council’s Local Planning Policy – Transient Workforce Accommodation and is considered to be consistent with the Policy. It is recommended that should Council be satisfied with the assessment and recommendations provided in this Report, that the Chief Executive Officer be provided delegation to issue Approvals once consent has been provided pursuant to the EPA Act.

Background FMG is currently developing a series of iron ore mines, along with port and rail infrastructure as part of the Pilbara Iron Ore and Infrastructure Project. Current operations are focused on the Chichester Hub, which includes the Christmas Creek and Cloudbreak mines. FMG proposes to expand mining operations in the Pilbara region through the development of the Firetail and Kings mines, as part of the Solomon Project. Ore from the two proposed mines will be transported via a new 127 km rail line to FMG’s existing north–south railway for export from Port Hedland.


78

• waste water treatment plant;

Proposal The Shire is in receipt of an Application for Planning Approval for a construction village and accommodation for up to 800 persons and associated utilities/infrastructure. The accommodation component of the construction village will be clustered and consist of single person accommodation units inclusive of an en-suite bathroom. An initial ‘Fly Camp’ has been approved under delegation. The utilities and infrastructure required include:

• utilities corridor and disposal wells; • electrical power generators; and • all telecommunications towers, masts and communication buildings to support communication.

ATTACHMENT 13.12.77

• in a position or area that would adversely affect residential, rural residential or rural smallholdings uses or lifestyles or that would detract from any particular scenic or visual attraction;

Local Planning Policy – ‘Transient Workforce Accommodation’ The provisions of Council’s Local Planning Policy – ‘Transient Workforce Accommodation’ apply to this Application. Specifically, the Policy States:

“4.5 Location of Camps 4.5.3 The particular location of any proposed camp is at the discretion of the Shire and will

depend on the capability, suitability and appropriateness of the site for the proposal. The Shire does not support Transient Workforce Accommodation camps located:

• adjacent to recognised tourist routes, unless suitably screened or designed for permanent use;

• within any sensitive areas such as industrial buffer areas or waste water treatment plant buffers or the following zones: • Rural Residential; • Industrial and mixed Business/Development; • Industry; or • Mixed Business.

4.6 Density of Development 4.6.1 Type A camps should not exceed 200 accommodation rooms. 4.6.2 Type B camps shall provide the necessary number of accommodation rooms associated

with the relevant operation. 4.6.3 The overall density of development of the camp should not exceed 100 persons per

hectare. 4.6.4 The Shire may consider variations to the above requirements, subject to the proponent

providing adequate justification for the proposed variation(s) to the satisfaction of the Shire.”

The proposal forms a ‘Type B Camps are which are defined as: “....... more remote from existing urban or resident populations, typically on land zoned rural or pastoral uses. These camps include exploration and fly camps, remote construction camps and remote operational villages. By their nature and location, these camps operate largely independently of existing permanent urban settlements”.


79

Comment Environment Protection Authority Assessment The Environmental Protection Act 1986 (EP Act) stipulates certain obligations on developers. The Applicant has advised that they referred the project to the Environmental Protection Authority (EPA) for assessment under Part IV. The application has been assessed against Council’s Local Planning Policy – Transient Workforce Accommodation and is considered to be consistent with the Policy. It is recommended that should Council be satisfied with the assessment and recommendations provided in this Report, that the Chief Executive Officer be provided delegation to issue Approvals once consent has been provided pursuant to the EPA Act. Consultation Acting Chief Executive Officer Manager Building Services It is open for Council to advertise any application which is not in accordance with the purpose of the Reserve. The Shire’s Local Planning Policy ‘Transient Workforce Accommodation’ notes:

“The Shire is of the opinion that Transit Workforce Accommodation has the potential to significantly impact on the amenity of the surrounding community. For this reason the Shire requires, in the absence of good reasons to the contrary, that development applications for Transient Workforce Accommodation be advertised in accordance with Clause 5.7 of the Shire of Ashburton Town Planning Scheme No 7.”

However, the development sought is considered to be: • in keeping with areas of existing development; • within disturbed areas on the land; • remote from any community therefore unlikely to “... impact on the amenity of the surrounding

community; and • hidden from the general view of the public.

Accordingly, it is recommended that advertising application not be required by either the Scheme or Council Policy. Statutory Environment Shire of Ashburton Town Planning Scheme No. 7 (‘Scheme’). Under the Scheme, the proposed use is defined as “….dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor’s camp and dongas.” The land is zoned “Rural” under the Shire of Ashburton Town Planning Scheme No. 7 (‘Scheme’). Under the Scheme, the siting of a ‘transient workers accommodation’ on the subject land is a permissible use. Clause 6.9 of the Scheme states:


80

“Transient Workforce Accommodation 6.9.1 All transient workforce accommodation, whether intended as permanent or temporary

structures, shall be regarded as residential development and is subject to the requirements of the Residential Planning Codes and clause 6.5 of this Scheme.

6.9.2 Except in the residential zone and notwithstanding subclause 6.9.1, the requirements of the

Residential Planning Codes and clause 6.5 of the Scheme may be varied for transient workforce accommodation by Local Government provided adequate justification for the variation is submitted by the proponents of the accommodation and provided Local Government considers the variation appropriate.

6.9.3 Planning applications for temporary structures to provide transient workforce accommodation

shall, to Local Government’s satisfaction, be accompanied by information and plans indicating how and when the development will be removed and the site rehabilitated or developed for a different use intended for the site.

6.9.4 Local Government may require, by signed agreement, a commitment to the date and details

of rehabilitation and conversion the subject of subclause 6.9.3.” Policy Implications Local Planning Policy – ‘Transient Workforce Accommodation’ as discussed above. Financial Implications The Shire is able to recoup costs associated with this process from the proponent. Strategic Implications There are no strategic implications, which relate to this matter. Voting Requirement Simple Majority Required Officers Recommendation 1. That Council not advertise of the Application for reasons outlined in this Report.

2. That Council, subject to the Minister for Environment determining the level of assessment authorise

the Chief Executive Officer to issue Planning Approval in respect of Mining Lease L47/293 Coordinates:GDA94datum (generally at) 585500E, 7543500N Hamersley, Shire of Ashburton for a construction village/accommodation facility (transient workforce accommodation camp for 800 persons) generally in accordance with the submitted plans and subject to the following conditions:

a) A Building Licence for the development should be obtained prior to

15 December 2012. This Planning Consent lapses if a building licence for the development has not been obtained by 15 December 2012. Further to this, if the development is not substantially commenced in accordance with the Building Licence by 15 December 2012, then this Planning Consent lapses at that date.


81

b) The Development shall comply with the Shire of Ashburton Town Planning Scheme No. 7, the Shire’s Local Planning Policy – “Transient Workforce Accommodation”, the Health Act, the Building Code of Australia, the Western Australian Fire Board Regulations and Local Laws.

c) The land use and development shall be undertaken generally in accordance with the

approved plans, in a manner that is deemed to comply with the satisfaction of the Chief Executive Officer.

d) Prior to the development being occupied the “owner of the land” shall enter into a signed

agreement with the Shire of Ashburton, pursuant to Clause 6.9.4 of the scheme. The agreement shall require the use of the structures to cease by 15 December 2030 or other period as agreed by the Chief Executive Officer and the structures be removed within 28 days.

e) A Fire Management Plan shall be prepared by the applicant and adopted by Council and

thereafter implemented to Council’s satisfaction prior to the issuing of a Building Licence.

f) All storm water produced on the site shall be disposed of either to an underground drainage system or disposed of on the site, but in either case the means of disposal must be to the satisfaction as directed by the Shire. Plans must be submitted prior to issue of a building licence showing details of the drainage layout, showing the pipes direction, invert levels, grade size and the locations of any pits.

g) A geotechnical report covering the development area being prepared by the applicant at the

applicant’s cost and to the satisfaction of the Chief Executive Officer. The report to be lodged with the building licence application, together with certification from a structural engineer that the design is suitable for the site conditions as outlined in the geotechnical report.

h) A comprehensive effluent plan and drainage plan shall be submitted to Council and such

plan(s) approved prior to the issue of a Building Licence. All works to be constructed as per the approved plan.

i) The operator is solely responsible for the removal of all litter and rubbish and shall ensure

that the Island is retained in pristine condition at all times.

j) The use when established shall at all times comply with the definition of “transient workforce accommodation” as contained within Town Planning Scheme No. 7, as follows:

“….dwellings intended for the temporary accommodation of transient workers and may be designed to allow transition to another use or may be designed as a permanent facility for transient workers and includes a contractor’s camp and dongas.”


82

Advise the applicant as follows:

i. In relation to Condition (e), it is recommended that prior to the submission of the Fire Management Plan and Emergency Evacuation Plan, the Applicant discuss the proposal with FESA.

ii. Further to this approval, the Applicant is required to submit working drawings and

specifications to comply with the requirements of Part 4 of the Building Regulations, 1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved by the Shire’s Principal Building Surveyor and Principal Environmental Health Officer prior to the issue of the Building licence.

iii. The drawings submitted for a building licence are to be properly drawn and certified by a

practising structural engineer to confirm that they comply with the requirements of the Building Code of Australia.

iv. Advise the applicant that the issuing of development approval for the development pursuant to

Shire’s Planning Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

v. Please note that in order to expedite determination of planning applications Council has

delegated to officers the power to consider applications where they comply with Council's Delegation Register. This application has been determined under Delegation provided by Council.

vi. Rights of appeal are also available to you under the Planning and Development Act 1928 (as

amended) against the decision of Council, including any conditions associated with this decision. Any such appeal must be lodged within 28 days of the date of this decision to the State Administrative Tribunal (telephone 9219 3111 or 1300 306 017).

vii. The issuing of development approval for the development pursuant to Shire’s Planning

Scheme does not constitute approval to use the Operation/Construction Facility unless all matters relating to Local Government (Miscellaneous Provisions) Act have been addressed.

viii. The Shire of Ashburton contains many places of Aboriginal Heritage significance. Proponents

are advised to consider Aboriginal heritage issues and their obligations under the Aboriginal Heritage Act 1972 at an early stage of planning. Further information can be obtained from the Department of Indigenous Affairs on 9235 8000 or at the following web site ://www.dia.wa.gov.au/Heritage/default.aspx.

ix. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility

the Applicant may have in obtaining a vegetation clearing permit from the Department of Environment in accordance with the Environment Protection Act 1986. Further information can be obtained from the Department of Environment or at the following website .environment.wa.gov.au.

http://www.dia.wa.gov.au/Heritage/default.aspx�

http://www.environment.wa.gov.au/�


83

x. This Planning Approval issued by the Shire of Ashburton does not remove any responsibility

the Applicant may have in notifying Environment Australia of the proposal for consideration of impacts in accordance with the Environmental Protection and Biodiversity Conservation Act 1999. Further information can be obtained from Environment Australia on (02) 6274 1111 or on ://www.deh.gov.au/epbc/assessmentsapprovals/index.html.

Author: Rob Paull

Signature:


Signature:

http://www.deh.gov.au/epbc/assessmentsapprovals/index.html�


84

13.12.78 DRAFT SOCIAL IMPACT ASSESSMEN FOR FMG’S SOLOMON HUB PROJECT

FILE REFERENCE:

SOLM


Rob Paull Consultant Town Planner


Fortescue Metals Group (FMG)


8 December 2010


The author has no financial interest in the proposal.


N/A

Summary Fortescue Metals Group (FMG) has undertaken a Social Impact Assessment for Council of FMG’s proposed Solomon Hub project. Although the Social Impact Statement (SIS) isn’t tied to any particular statutory application or Shire process, the SIS has been prepared by FMG in accordance with the Council’s Local Planning Policy - Social Impact Assessment. The SIS covers matters raised in the Local Planning Policy, however there are areas that should be elaborated, in particular matters associated with the long term accommodation of operational staff and the location of the proposed aerodrome. The SIS has many positives, including the commitment by FMG in promoting opportunities for Aboriginal businesses on the Solomon project. It is recommended that FMG be congratulated for preparing the draft SIS. In addition, it is considered vital for Council to establish an ongoing dialogue with FMG in relation to the project and the impacts on Tom Price. In this regard, it is also recommended that a working group of Councillors, senior Shire staff, community members and senior representatives from FMG with the aim of addressing key matters including locating operation staff in Tom Price and the proposed aerodrome. If the working group concept is acceptable to Council, it is recommended that the Chief Executive officer approach FMG inviting them to join the working group and for a further report to Council responding to the invitation to FMG. Depending upon the response, the further report would establish the draft parameters of a working group, including seeking representation from the Tom Price and Paraburdoo Business Association. Background Fortescue Metals Group (FMG) is currently developing a series of iron ore mines, along with port and rail infrastructure as part of the Pilbara Iron Ore and Infrastructure Project. Current operations are focused on the Chichester Hub, which includes the Christmas Creek and Cloudbreak mines. The


85

Solomon Project includes two new iron ore mines at deposits known as Firetail and Kings, on greenfield sites approximately 80 km north of Tom Price. FMG proposes to expand mining operations in the Pilbara region through the development of the Firetail and Kings mines, as part of the Solomon Project. Ore from the two proposed mines will be transported via a new 127 km rail line to FMG’s existing north–south railway for export from Port Hedland. FMG has undertaken a Social Impact Assessment for Council of FMG’s proposed Solomon Hub project. Although the Social Impact Statement (SIS) isn’t tied to any particular statutory application or Shire process, the SIS has been prepared by FMG in accordance with the Council’s Local Planning Policy - Social Impact Assessment.

ATTACHMENT 13.12.78 Comment The SIS covers matters raised in the Local Planning Policy, however there are areas that should be elaborated, in particular matters associated with the long term accommodation of operational staff and the location of the proposed aerodrome The SIS has many positives, including the commitment of FMG in promoting opportunities for Aboriginal businesses on the Solomon project. The impacts of the Solomon project Tom Price could be an increase in population from between 1-10%, depending upon which development scenario is achieved. FMG note that:

“Whilst we are unable to quantify the number of residential positions this will result in, it is pertinent to note that these numbers will be in addition to the 100 houses that Fortescue is committing to acquiring as part of the Central Pilbara Hub which includes the Solomon Project.”

It is recommended that FMG be congratulated for preparing the draft SIS. In addition, it is considered vital for Council to establish a working group of Councillors and staff FMG aimed at finalising the SIS and in particular, encouraging FMG to locate operational staff and families in Tom Price as well as locating an aerodrome that would benefit the community of Tom Price. If the working group concept is acceptable to Council, it is recommended that the Chief Executive officer approach FMG inviting them to join the working group and for a further report to Council responding to the invitation and depending upon the response, establishing the parameters of a working group. Consultation Acting Chief Executive Officer Statutory Environment None applicable Policy Implications The Social Impact Assessment tied to any particular statutory application or Shire process, however it has been prepared by FMG in accordance with the Council’s Local Planning Policy - Social Impact Assessment.


86

Financial Implications There are no financial implications relevant to this matter. Strategic Implications A new Strategic Industrial Area at Ashburton North will have significant impact upon the Shire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments. The Shire’s Strategic Plan 2007-2011 (Incorporating Plan for the Future) seeks to:

“1. Diversify & Strengthen the Economy 2. Encourage new industry investment within the Shire.”

Also, under the heading “Diversify and Strengthen the Economy” of the Council’s Strategic Plan, the following objective is noted:

“New Industry

a. Congratulating FMG for preparing the draft SIS as a basis for determining the social and economic impacts of the Solomon Hub on the town of Tom Price along with FMG’s commitment in promoting opportunities for Aboriginal businesses on the project.

Measures and Targets » Increase in major investment enquiries » Increase in building activity » Community satisfaction with economic development » Increased employment opportunities”.

Voting Requirement Simple majority required Officers Recommendation That Council: 1. Request the Acting Chief Executive Officer to write to the Chief Executive Officer of Fortescue

Metals Group (FMG):

b. Advising FMG that its operations in the Shire of Ashburton associated with the Solomon

Hub are of significant interest and importance to the Shire and in particular, the community of Tom Price. In this regard, the draft SIS has highlighted the need to address a number of socially important matters including the location of FMG operational staff and families in Tom Price. Also important is the appropriate siting of the aerodrome in a location and of a sufficient standard that would be of benefit the community of Tom Price. In this regard, Council would be prepared to establish a working group of Councillors, senior Shire staff, community members and senior representatives from FMG with the aim of addressing key matters associated with the Solomon Hub including locating operation staff in Tom Price and the proposed aerodrome.


87

2. Provide Council with a further Report on the matters addressed in 1b). above and depending upon the response from FMG, recommend draft parameters for a working group including seeking representation from the Tom Price and Paraburdoo Business Association on the working group.

Author: Rob Paull

Signature:


Signature:


88

13.12.79 DEVELOPMENT SERVICES DECISION STATUS REPORT #

Council Meeting (mm/yy

Agenda

Ref. Report Title Council Decision Current

Status

1 11/10 13.11.66 Town Planning Scheme Amendment No. 12 and Associated Draft Local Planning Policy for Advertising

1. That Council in Pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 12 ("draft Amendment") to the Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") which proposes:

1. Modifying Clause 6.6 of the Scheme by inserting the following clauses: “6.6.2 Notwithstanding any other provision of the Scheme, where

reticulated sewerage and water is available to a lot in Tom Price and Paraburdoo: (a) the local government may consent to the

development for the purposes of the erection of not more than two grouped dwellings on a lot comprising not less than 874m², with a minimum site area of 437m² per grouped dwelling, within any area coded R20 or greater on the Scheme Map, subject to formal advertising pursuant to Clause 5.7;

(b) subject to Sub-Clauses (d), the local government may for the purposes of urban consolidation, only consent to the development of a lot for the purposes of grouped dwellings at a maximum density of R30 on a lot greater than 1,500m² within any area coded R20 on the Scheme Map, subject to formal advertising pursuant to Clause 5.7;

(c) subject to Sub-Clause (d), the local government may for the purposes of urban consolidation, only consent to the development of a lot for the purposes of grouped dwellings at a maximum density of R40 on a lot greater than 1,500m² within any area coded R30 on the Scheme Map, subject to formal advertising pursuant to Clause 5.7; and

(d) in determining any application lodged pursuant to Sub-Clauses (a), (b) & (c) above the local government shall consider, in addition to those matters listed in Clause 5.9 the likely impacts of the proposed development on the identifiable area provision under Part 7, any relevant Local Planning

Scheme Amendment documents prepared and forwarded to the EPA for assessment


89

#


Agenda


Status

Policy and amenity of the immediate locality in which the proposed development is to be situated; and

2. Draft Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7 amended to reflect the changes in Part as a draft Local Planning Policy under the provisions of clause. 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the Scheme concurrently with the advertising of draft Amendment No. 12 to the scheme.

3. That Council adopts draft Local Planning Policy – Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7, (as amended in Part 2) as a draft Local Planning Policy under the provisions of clause 2.3 of Town Planning Scheme No. 7 and it be advertised in accordance with clause 2.31 of the Scheme concurrently with the advertising of draft Amendment No. 12 to the scheme.

4. That the Acting Chief Executive Officer prepare a report to the December meeting of Council that addresses the potential for a scheme amendment on land in Onslow zoned Residential R12.5 that would provide duplex development on specific lots.

5. Following advertising of the draft Amendment No. 12 and draft Local Planning Policy - Assessment of Applications under Clause 6.6.2 of the Shire of Ashburton Local Planning Scheme No. 7, the matters be referred back to Council for consideration.

2 11/10 13.11.67 Request from Onslow Salt for Guidance – Acceptable Mast Height in Residential Area of Onslow

That Council: 1. Advise Onslow Salt that with respect to its request for advice on the height

Council would consider acceptable for a mast to be located in the rear garden at 14 Watson Drive Onslow, the following ’without prejudice’ comment is offered:

i) On the basis of information provided by Onslow Salt, Council would consider 6 metres to be a reasonable height based on ensuring that such a mast would not intrude upon the residential character of Onslow and would not set an unreasonable precedent should other similar proposals.

ii) Council considers that an application for planning approval is required and would require advertising under the Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’).

iii) The view of Council is provided to Onslow Salt on a ’without

Onslow Salt advised of Council decision.


90

#


Agenda


Status

prejudice’ basis whereby Council would judge any application under the Scheme it receives on its merits.

2. That should an application be received from Onslow Salt for a mast to be located in the rear garden at 14 Watson Drive Onslow, that the Chief Executive Officer be delegated authority to determine the application, provided there are no objections. Should objections be received, the application would be referred to Council for consideration.

3 11/10 13.11.68 Disposal of Lot 604 Rocklea Road, Paraburdoo

That Council, pursuant to Section 3.58 of the Local Government Act 1995 resolve to: 1. Dispose of Lot 604 Rocklea Road Paraburdoo by public auction or private

treaty; and 2. Delegate authority to the Chief Executive Officer to a) seek a valuation from a licenced valuer; and b) set the reserve price.

Ongoing as part of consideration to dispose of land.

4 11/10 13.11.69 Draft Town Planning Scheme Amendment No. 7 to Rezone Lots 603 and 604 Rocklea Road Paraburdoo to Residential R50

That Council, in pursuance of Part V of the Planning and Development Act 2005 ("Act"), adopt for community consultation purposes draft Amendment No. 7 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") that proposes: 1. To rezone Lot 604 Rocklea Road Paraburdoo from ‘Public Purposes –

Community’ reserve to ‘Residential’ zone with a Residential Planning Code equivalent of ‘R 50’ as set out in the Amendment Map.

2. To rezone part Lot 603 and Lot 606 Rocklea Road Paraburdoo from ‘Community’ zone to ‘Residential’ zone with a Residential Planning Code equivalent of ‘R 50’ as set out in the Amendment Map.

3. To modify the existing Residential zone Residential Planning Code equivalent of ‘R 30 for part Lot 603 Rocklea Road Paraburdoo to R50’ as set out in the Amendment Map.

4. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be referred back to Council to consider whether the Amendment will further pursued.

5. That the Chief Executive Officer be instructed to write to RTIO requesting that that contribute on an equal basis to the cost of initiating and pursuing

Scheme Amendment documents prepared and forwarded to the EPA for assessment RTIO advised.


91

#


Agenda


Status

Amendment No. 7. 6. That following response from the EPA in accordance with Part 4 above, the

matter be referred back to Council for further consideration. In preparing a further Report on the matter, the Chief Executive Officer be instructed to: iii) Address the response from the EPA; iv) Provide a draft Local Planning Policy that addresses setbacks to

Rocklea Road and planning guidelines for potential residential and transient workforce accommodation use and development on Lots 603 and 604, 606 and Part Lot 61 Rocklea Road, Paraburdoo; and

RTIO’s response pursuant to part 5 of this recommendation. 5 10/10 13.10.56 Environmental Health &

Trading in Public Places Fees and Charges Amendment

That Council: 1. In accordance with the provisions of Section 6.17 and 6.18 of the Local

Government Act 1995 replace the Fees and Charges Schedule for the 2010/11 Financial year as it relates to the Food Act 2008 with the following:

• High Risk $500 • Medium Risk $400 • Low Risk $300

2. Delegate to the Chief Executive Officer the authority to discount fees levied under the Food Act 2008 where food standards have been deemed satisfactory the previous year.

Reason for Council Decision - The Chief Executive Officer advised Council that clarification was required as to the precise wording.

Ongoing. Amendment to fees and charges to be advertised.

6 10/10 13.10.58 Position Paper on Fly-In Fly-Out Workforce and Accommodation

That Council: 1. Notes the Report and Schedule of submissions. 2. Instructs the Chief Executive Officer to:

a) Prepare a further Report to Council concerning: i) A revision to the Shire’s Local Planning Policy – Transient Workforce

Accommodation based on the following ‘policy’ position: “The Council of the Shire of Ashburton acknowledges that“fly- in, fly-out” workforce operations are an important factor in developing the resources of the Pilbara. Transient workforce accommodation generally falls into two workforce categories:

• construction workforce; and • operational workforce.

The Council acknowledges that there will be circumstances such as remoteness and limited life of a particular activity that result in a need

Ongoing. Item 1. – No action required. Item 2a. – Report to be made available at the next appropriate Council meeting.


92

#


Agenda


Status

for transient workforce accommodation camps to be established outside of the townsites. These camps will normally be construction workforce transient workforce accommodation and for a limited time period. Construction workforce transient workforce accommodation will usually be for a limited time (short term construction period) and reasonably be placed in close proximity to the specific development. Normally the construction workforce is much larger than an operational workforce. An operational workforce however is normally for an indefinite period of time and therefore should as far as practical, be housed within an existing town. The desire is to incorporate the workforce with the community thus adding to the vibrancy and economic sustainability of the towns of Tom Price, Onslow Paraburdoo and Pannawonica. Operational transient workforce accommodation within townsites will be of a very high quality for the benefit of occupiers, as well as the community, generally motel style development, with significant landscaping, quality design and materials, will be encouraged. The Council may seek to place a limit on the overall proportion (%) of transient workforce accommodation within a development.”

ii) An amendment to the Shire of Ashburton Local Planning Scheme No. 7 that would allow transient workforce accommodation in the Commercial and Civic zone as an ‘A’ use and where such development reflects the following ‘principles’:

• any such transient workforce accommodation will be of a very high quality for the benefit of occupiers, as well as the community;

• motel style development, with significant landscaping, quality design and materials, will be encouraged; and

• a limitation on the overall proportion (%) of transient workforce accommodation within a development may be required by Council.

iii) And the water report shall consider, but not be limited to socio economic and water reticulation issues.

b) Write to the submitters thanking them for their time and assistance in providing their respective advice and opinions on the complex issue of ‘fly in fly out’ workforce in the Shire and providing them with a copy of the Council resolution.

Item 2b. – Submitters advised.


93

#


Agenda


Status

7 10/10 13.10.61 Request for comment on Draft Planning Scheme Amendment No. 10 Ashburton North Strategic Industrial Area, Onslow

That Council: 1. Instruct the Chief Executive Officer to write to Chevron Australia Pty Ltd

advising the company in relation to Chevron’s correspondence of 22 September 2010 as well as Chevron’s ‘preliminary’ draft Amendment No 10 to the Shire of Ashburton Local Planning Scheme (‘Scheme’), draft Structure Plan for the Ashburton North Strategic Industrial Area (‘ANSIA’) and draft Development Guide Plan, Council, would not initiate any Amendment to the Scheme that provides for operational workforce accommodation at the ANSIA.

2. Resolve that in relation to a Special Use zone for transient workforce accommodation within the ANSIA, it would be prepared to support a planning Scheme amendment based on the following provisions:

No. 2. Description of Land – Portion of Ashburton Location 153 Onslow Road Special Use – Transient Workers Accommodation

Conditions: 1. Land use and development shall generally be in accordance with a

Structure Plan and Development Plan approved by the local government and the Western Australian Planning Commission which addresses those matters defined in Clause 7.9 and Appendix 11 as it relates to the Ashburton North Strategic Industrial Area and specifically, provides details on the layout, staging, operational period of the use, accommodation of operational workforce, transport, access, landscaping, management and environmental issues associated with the development and use of the land.

2. All transient workforce accommodation shall be considered a ‘D’ Use under the Scheme.

3. Transient workforce accommodation shall only be used for accommodation of a workforce directly involved in the construction or maintenance of those uses and developments approved in writing by the local government.

4. Transient workforce accommodation for operational purposes of any use or development is prohibited.

5. The local government may require the preparation of a legal agreement in relation to the use and operation of the transient workforce accommodation and to ensure that only those persons involved in the construction or maintenance of those uses and developments approved

Ongoing. Structure Plan and Amendment No. 1 to be considered by Council at the December 2010 meeting.


94

#


Agenda


Status

in writing by the local government. 3. Instruct the Chief Executive Officer in association with the Shire

President, to prepare and distribute a press release advising of Council’s position (as reflected in resolutions 1 and 2 above) and to ensure that the community of Onslow is made aware of Council’s position.

8 09/10 13.09.48 Proposed closure and transfer of unconstructed part of Boonderoo Road, Tom Price

That Council: 1. Close the 502m2 portion of Boonderoo Road reserve for transferral to Lot 308

in compliance with Section 58 of the Land Administration Act 1997, in accordance with ATTACHMENT 13.09.48.

2. Advertise the closure and transfer of 1. above in a locally circulating newspaper for a minimum period of 35 days inviting the public to comment, pursuant to Section 58 of the Land Administration Act 1997.

3. Require that should any objection be received in response to the statutory advertising of the proposed closure or the property transferral shall be referred back to the Council for consideration.

4. Note that providing no objections are received from the public to the road closure and transferral, the Chief Executive Officer be requested to submit to the Minister for Land Information a request to close the 502m2 portion of Boonderoo Road reserve for transferral to Lot 308 in accordance with ATTACHMENT 13.09.48.

Ongoing. Public advertising completed and no objections received. Matter referred to State Lands.

9 06/10 13.06.31 Draft Town Planning Scheme Amendment No. 8 –Modifications To Strategic Industrial Zone To Prohibit Transient Workforce Accommodation.

1. That the Council, in pursuance of Part V of the Planning and Development Act 2005, adopt draft Amendment No. 8 ("draft Amendment") to Shire of Ashburton Town Planning Scheme No. 7 ("Scheme") for final approval for the purposes of modifying the zoning table of the Scheme to read as follows:

(a) Identifying Transient Workforce Accommodation as an X use class in the Strategic Industry zone.

2. That Council endorse the schedule of submissions prepared in response to the community consultation undertaken in relation to the draft Amendment.

3. That the Council refer the draft Amendment so adopted for final approval, to the Western Australian Planning Commission with a request for the approval of the Hon. Minister for Planning.

That, where notification is received from the Western Australian Planning Commission that a modification of the amendment is required prior to approval of the amendment by the Minister, this modification is to be undertaken in accordance with the requirements of the Town Planning Regulations 1967, unless it is considered by the Shire that the modification affects the intent of the amendment in which case it shall be referred to the Council for consideration.

Ongoing Amendment referred to Western Australian Planning Commission.


95

#


Agenda


Status

10 05/10 13.05.28 Adoption of Draft Townsite Strategy - Onslow

That Council: 1. Note this Report and Schedules 1-3. (Attachments 13.05.28(a)(b)(c)) 2. Accept the late submissions (Schedule 3).

3. Modify and adopt the draft Onslow Townsite Strategy in accordance with

the recommendations reflected in Schedules 1-3 and the Report to Council. 4. Request the Western Australian Planning Commission to endorse the

Onslow Townsite Strategy as adopted by Council.

Ongoing Modified Strategy has been provided to the Department of Planning for finalisation – once completed. It will then be forwarded to the WAPC for adoption.

11 05/08 13.05.23 Council Policy Review – Aboriginal Environment Health Policy.

Directs the Chief Executive Officer to draft a new Council Policy relating to Aboriginal Environmental Health Strategy and report back to Council

Ongoing – Close to finalising AEH-Strategy. To be submitted to December Meeting.

12 03/08 13.03.11 Town Planning Scheme Amendment No. 2 – Modification to the Scheme to reflect local planning policy – Transient Workforce Accommodation

That Council, in pursuance of Part V of the Planning and Development Act 2008 ("Act"), adopt for community consultation purposes draft Amendment No. 2 ("Amendment") to Shire of Ashburton Town Planning Scheme No. 1 ("Scheme") that proposes: 1. That the zoning table be modified as follows:

(a) Identifying ‘Transient Workforce Accommodation’ as a 'X' use class in the ‘Mixed Business’ zone;

(b) Identifying ‘Transient Workforce Accommodation’ as a 'X' use class in the ‘Industrial & Mixed Business Development’ zone; and

Ongoing. Further information being gathered for Council. Being considered in association with draft Amendment No.8.


96

#


Agenda


Status

(c) Identifying ‘Transient Workforce Accommodation’ as a 'X' use class in the ‘Rural Living’ zone;

2. That, as the draft Amendment is in the opinion of Council consistent with Part V and Schedule 1 of the Act, regulations made pursuant to the Act and relevant state planning policy prepared under Part III of the Act, that upon preparation of the necessary documentation, the draft Amendment be referred to the Environmental Protection Authority (EPA) as required by Part V of the Act, and on receipt of a response from the EPA indicating that the draft Amendment is not subject to formal environmental assessment, be advertised for a period of 42 days, in accordance with the Town Planning Regulations 1967.

3. That following advertising of the draft Amendment, the matter be referred back to Council for further consideration.



97

14.12.0 WESTERN OPERATIONS REPORTS 14.12.20 APPROVAL OF REGULAR PASSENGER TRANSPORT SERVICE FOR

ONSLOW FILE REFERENCE: TR.AT.1.1 AUTHOR’S NAME AND POSITION:

Amanda O’Halloran Executive Manager Western Operations/ Aerodrome Manager


Shire of Ashburton




Not applicable

Summary The Ashburton North Strategic Industrial Area (ANSIA) is located in close proximity to Onslow. The ANSIA is the site for the proposed Chevron LNG project “Wheatstone” and BHPBilliton’s Domgas project “Macedon”. These projects are placing unprecedented growth speculation pressure on Onslow. Through community consultation and social impact assessment, access to flights to Perth – direct or indirect have been raised as a high priority for the community. Discussions with aviation service providers have taken place over the last year and Skippers Aviation has maintained a firm relationship with the Shire and a keen interest in the development of the Onslow Aerodrome. Skippers Aviation has requested Council’s approval to run a Regular Passenger Transport (RPT) service to Onslow. Background The proposed development of the ANSIA has resulted in the Shire undertaking discussions with Chevron and BHPBilliton regarding the upgrading of the Onslow aerodrome to support a FIFO construction workforce and in the long term a sustainable aerodrome. BHPBilliton has sanctioned the Macedon project and is in direct negotiations with the Shire regarding minor upgrades to the Onslow Aerodrome. It is envisaged that the upgrade will support the FIFO construction operation of the Macedon project. The Plan is to seal the turning nodes, seal areas of the strip that require strengthening and widen and seal the apron. Negotiations are also under way to provide temporary ablutions and processing areas. It is anticipated that, with the sanctioning of the Chevron project, a further upgrade will be undertaken that will support the construction and operational FIFO workforces of the Wheatstone project.


98

Comment Skippers Aviation is seeking Council’s approval to operate a RPT service to Onslow. The company envisages 3 services per week ie: Monday, Wednesday and Friday. It is proposed to service the route with the Dash 8 – 106 (36 passengers). This aircraft can fly direct to Onslow (2hrs 45mins) and would return via Carnarvon for refueling (3hrs 15mins). Following the proposed minor upgrade to the Onslow airstrip and with Council’s and the Minister’s endorsement services could commence early in the new year. It is envisaged that Onslow would be a deregulated route which allows for competition and will not be limited to any single aviation service provider. However, if a deregulated air service license is issued by the Minister then this would prevent charter operators from using the airport more than once a week for a particular client, without the prior approval of the Minister (under the Transport Coordination Act). This will ensure that maximum benefit is passed on to the community. This may however effect the current workforce logistic planning being undertaken by the companies. Fees and Charges Skippers Aviation has requested Onslow aerodromes fees and charges including the Head Tax. On surveying areas airports in our region, and reviewing head tax charges across the country, it appears that there are 2 ways that the Shire can proceed with regard to charges.

1. Charge a passenger service charge for all arriving and departing passengers plus landing and parking fees. Some aerodromes have also included screening fees and invoice service charges. Collection of these fees can be administratively cumbersome to achieve.

2. Charge a single head tax, which combines the landing fee and the passenger fee into a single

fee. It is more popular and simpler to administer for the airlines and the airport operator and is considered to be a fairer method of charging, as it links the operator directly to the success or otherwise of airlines operations.

Recommendation – That Council charge a head tax that is a combined landing fee and passenger service charge for the initial 12 months of the RPT service. During that time passenger volumes and costs incurred for maintenance and services provided will be monitored. On initial assessment of the aerodrome running costs and the regional fees imposed it is requested that Council endorse a head tax of $32.50 per adult and $16.50 for passengers 12 and under. This is an inbound and outbound tax. e.g. Based on 36 passengers three times a week and 50 weeks of service, revenue will be in the vicinity of $170,000.00 pa.

ATTACHMENT 14.12.20 Maintenance and Operational impost on Council This will require further consideration and business planning. The level of ground support that is required to service a RPT of this nature isn’t clear and further negotiations are required to ensure that all measures can be supported. Current cost to operate and maintain the Onslow airport is $210,747 (2010/11 budget) Benefits to Onslow


99

Access to direct flights from Perth, of a frequency of at least two times a week, will significantly boost tourism opportunities (package development), business development (greater access to consultants, banks, valuations) and livability in Onslow. Direct fights to Perth will enable community members to fly to Perth (or fly family members into Onslow), in approximately 3 hours, where as previously this took at least 6 hours – halving the time taken and significantly decreasing the risk, by reducing the time on the road. Consultation Acting Chief Executive Officer Executive Manager Western Operations Stan Quinlivan CEO – Skippers Aviation Department of Transport – Aviation Department Aerodrome Management Services Statutory Environment Transport Coordination Act Policy Implications None anticipated Financial Implications Figures based on worst case scenarios and average uptake of RPT.

Description Income Expenditure 2010/11 Airport Budget

$210,747

Extra costs that may be incurred

$85,000 Full time Staff member $35,000 Increased maintenance costs

Total Proposed Expenditure

$330,747

Approximate fees collected based on 5000 passengers

($162,500)

Current aerodrome fees

($14,131)

Total Proposed Income

($176,631)

Net position for Council

$154,116

The net improvement in Council expenditure based on these figures is $56,631


100

Strategic Implications Shire’s Strategic Plan 2007-2011: “Strengthen and diversify opportunities and experiences for people living, visiting, working and learning in the Shire”. Voting Requirement Simple Majority Required Officers Recommendation That Council:

1. Approve the A/Chief Executive Officer to write to the Department of Transport requesting Onslow be a deregulated RPT route provided that the aerodrome is upgraded to sustain the service.

2. Approve in principle Skipper Aviations request to operate a RPT service to Onslow (on the proviso that the aerodrome is upgraded to sustain the service).

3. Amend the 2010/11 Budgeted Fees and Charges to include a RPT Head Tax of $32.50 per

Adult and $16.25 per Child less than 12 years. Author: Amanda O’Halloran

Signature:


Signature:


101

14.12.21 WESTERN OPERATIONS DECISION STATUS REPORT

# Council Meeting

Agenda


ENGINEERING 1 05/10 16.05.06 Draft Ashburton North

Community Investment Strategy

That Council support in principle the draft Ashburton North Community Infrastructure Strategy.

Ongoing Discussion with State Government agencies & resource companies.

2 04/10 14.04.06 Lot 944 First Street, Onslow Reserve 42626

That Council (a) call for expressions of interest from the Onslow community to establish an arts and culturally based use for the property 944 First Street, and (b) that Council list the appropriate budget funding for the upkeep and progressive restoration of the property 944 First Street

To be priority in the first quarter of 2011

3 03/09 15.03.01 Mosquito Management Plan

That Council 1. Formalise a Mosquito Control Program for the Shire of Ashburton 2. Approve the unbudgeted capital expenditure of $23,000 on Mosquito

Control Program assets

Ongoing Waiting for finalised document from Health Team.

COMMUNITY 1 11/08 14.11.18 Pannawonica Community

Plan That Council advise the Minister for State Development and Robe River Mining Company Pty Ltd, that

(a) The Shire views with concern the company’s public release of the Pannawonica Community Plan prior to the Council having an opportunity to formally consider the Shire initiated plan

(b) It does not support the Pannawonica Community plans prepared by the company for the following reasons:

a. The community infrastructure and services components of

the plan lack definition, are limited in scope and are largely uncosted

b. The community plan largely consists of elements which are not community infrastructure or services

To be priority in the first quarter of 2011


102

# Council Meeting

Agenda


c. The community plan is based on a workforce which appears to have a greater emphasis on Fly In – Fly Out operators based in Pannawonica than when the Mesa A project was submitted to the Minister for State Development for approval pursuant to the State Agreement.

CORPORATE 1 10/10 15.10.22 Leasing Office Space in

Perth That Council allocate $2,500 per month from unbudgeted municipal funds and secure a 12 month lease for office space in the Pilbara Ports office in Perth.

Waiting on Lease document from DPA – Rent to be more like $1500.00 a week

2 03/05 12.03.120 Robe River Memorandum of Understanding

That Council agrees to the Memorandum of Understanding between the Shire of Ashburton and Robe River containing the following commitments:

1. The Shire of Ashburton leasing: • The Library, Shire Office and Sentinel Chicken Coops; • The Dog Pound; • The Caravan Park and Ablutions Block

2. Robe River renovating the above facilities prior to the commencement of the leases.

3. The Shire of Ashburton donating the amount of $1,000 annually to each of the Occasional Child Care Centre and Neighbourhood Centre.

4. The Shire of Ashburton committing to funding the Community Liaison Officer position for twenty (20) hours per week and to actively pursuing alternative funding sources for an additional twenty (20) hours.

5. The Shire of Ashburton providing two free street sweeps per year with additional sweeps provided on a fee for service basis.

Ongoing

DEVELOPMENT 1 11/10 16.11.13 Onslow Aerodrome

Master Plan That Council:

1. Council endorses the DRAFT ONSLOW AERODROME MASTER PLAN, as a planning guideline for the expansion and development of the Onslow Aerodrome land.

2. Council agrees to the allocation of $100,000 towards the Onslow aerodrome upgrade and associated planning and consultant

Ongoing


103

# Council Meeting

Agenda


services.

2 12/08 13.12.408 Proposed Transfer of Emergency Services Building

That :- 1. Council agree to transfer the tenure of the Onslow Emergency Service

Building to FESA subject to:- i) FESA to become responsible for the outstanding loan on the facility

and any financial outlay required for the transfer thereof; and ii) A condition being placed on the Management Order over the

premises that they are to be used only to house the local Volunteer Emergency Services including the Marine Rescue Service.

2. The necessary procedures required to affect the transfer be implemented. 3. The present designation of Lot 971 in the Shire’s Town Planning Scheme

No.7 be amended to reflect the existing land use during the Planning Scheme review for Onslow.

4. The future need of the Onslow Emergency Services Building Management Committee and Instrument of Delegation DA503 be noted and in due course be discontinued.

Ongoing This item to be a priority in the first quarter of 2011



104

15.12.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

16.12.0 CONFIDENTIAL REPORTS Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by a Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following:

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government and

which relates to a matter to be discussed at the meeting;

(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting:

(e) a matter that if disclosed, would reveal:

(I) a trade secret; (II) information that has a commercial value to a person; or (III) information about the business, professional, commercial or financial affairs

of a person,

Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:

(I) Impair the effectiveness of any lawful method or procedure for preventing,

detecting, investigating or dealing with any contravention or possible contravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1981; and

(h) such other matters as may be prescribed.


105

16.12.14 CONFIDENTIAL ITEM – WITTENOOM ASBESTOS LITIGATION FILE REFERENCE: AS.WI.2 AUTHOR’S NAME AND POSITION:

Keith Pearson Senior Project Officer


Not Applicable

DATE REPORT WRITTEN: 26 November 2010 DISCLOSURE OF FINANCIAL INTEREST:

Not Applicable


Confidential Item 16.03.01 Ordinary Meeting of Council 17 March 2009 Confidential Item 16.05.08 Ordinary Meeting of Council 19 May 2009 Confidential Item 16.12.18 Ordinary Meeting of Council 15 December 2009 Confidential Item 16.02.01 Ordinary Meeting of Council 17 February 2010

Please refer to Confidential Item Attachment under separate cover.

17.12.0 NEXT MEETING The next Ordinary Meeting of Council will be held on 16 February 2011, at the Council Chambers, Community Recreation Centre, Tom Price commencing at 9.00 am.

18.12.0 CLOSURE OF MEETING

SHIRE OF ASHBURTON ORDINARY COUNCIL MEETING ...

Documents