Bourke Shire Council Agenda Monday, 25th March 2019 · Agenda Monday, 25th March 2019 Notice is hereby given that an Ordinary Meeting of Council will be held at the Council Chambers

Bourke Shire Council

Agenda

Monday, 25th March 2019

Notice is hereby given that an Ordinary Meeting of Council will be held

at the Council Chambers at Bourke Shire Council Offices at 29 Mitchell

Street, Bourke, commencing at 9.00am for the purpose of considering

the items included on the attached Agenda.

General Manager: Ross Earl

This is the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke NSW 2840 on

Monday, 25th March 2019 at 9.00am

This is page 2 of 150 of the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke

NSW 2840 on Monday, 25th March 2019 at 9.00am

Opening Prayer

Welcome/Acknowledgement of Country

Remembrance

Apologies

Declaration of Interest

(Forms included with Business Papers)

Mayoral Minute

Mayor Activity Report

Starring of Items

A number of items have been starred for discussion. The Mayor will receive requests to star

additional items to be discussed.

Recommendation:

That recommendations as detailed in the un-starred items in the Agenda for the Ordinary

Meeting of Council held on Monday, 25th March 2019 be adopted.

Confirmation of the Minutes

Recommendation:

That the minutes of the Ordinary Meeting of Council held on Monday, 18th February 2019 be

confirmed as a true and accurate record of that meeting.

Business Arising

Report No Report Page No Recommendation

0003 Business Arising 11 Notation

Engineering Services Department


0058/2019 Rainbar Bore, Wanaaring Road –

Emergency Works

20 Adoption

Environmental Services & Development Department


0059/2019 Bourke Aboriginal Heritage Study 23 Adoption

0060/2019 Modification of Development Consent

71-73 Anson Street, Bourke

24 Adoption





General Manager


0061/2019 Bourke Shire Council DRAFT Code of

Meeting Practice

54 Adoption

0063/2019 Restart NSW Funding Deed, under seal 96 Adoption

0064/2019 Naming of Bore (2B) 96 Discussion

0065/2019 Naming of Park at 28 Mitchell St, Bourke 97 Discussion

Corporate Services Department


0066/2019 Bank Reconciliation and Statement Balances 99 Adoption

0067/2019 Investment Report – 28th February 2019 101 Adoption

0068/2019 EOI – BOB Motel 103 Adoption

0069/2019 DRAFT Operations Plan 2019/20 – Under

Separate Cover

Separate

report

Adoption

Tourism & Events


Nil Reports for March 2019

Delegates and Councillors Reports



Committee Minutes



Policies



Précis of Correspondence


0070/2019 Request for Financial Assistance – CWA

Bush Bursary

106 Discussion

0071/2019 Request for Financial Assistance – Helping

Hand for North West NSW

106 Discussion





Activity Reports


0073/2019 Engineering 114 Adoption

0074/2019 Environmental 123 Adoption

0075/2019 General Manager 125 Adoption

0076/2019 Corporate Services 144 Adoption

0077/2019 Tourism 145 Adoption

Closed Session


0078/2019 Update Back O” Bourke Displays -

CONFIDENTIAL

149 Closed Session

0079/2019 Upgrade to Councils Telecommunication

System - CONFIDENTIAL

149 Closed Session

Time Event Organisation

10.00am Community Open Forum for members of the public to address Council

11.00am Monthly Update Inspector Andrew Hurst Central North Police

District

11.20 Presentation – Bourke Shire

Council Aboriginal Heritage Study

Dr Jodie Benton

OZ Ark

Environmental

Heritage

Management





Councillors Disclosure of A Non-Pecuniary Interest

PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993

(AS AMENDED)

To the General Manager I,

Declare a Conflict of Interest, being a NON-PECUNIARY Interest.

COUNCIL MEETINGS

Name of Meeting

Date of Meeting

Page Number Item Number

Subject

Reason for Interest

As a result of my non-pecuniary interest, my involvement in the meeting will be as follows:-

Option A – Make a declaration, stay in the Chamber and participate in the debate

and vote.

Option B – Make a declaration, stay in the Chamber and participate in the debate

but not vote.

Option C – Make a declaration, stay in the Chamber and participate in the debate

but leave the Chamber for the vote.

Option D – Make a declaration, stay in the Chamber and not participate in the

debate and vote.

Option E – Make a declaration, stay in the Chamber and not participate in the

debate and not vote.

Option F – Make a declaration, do not participate in the debate and leave the

Chamber upon making the declaration. Do not return until the matter is resolved.

Signature Date





Councillors Disclosure of a Pecuniary Interest

PURSUANT TO SECTION 451 OF THE NSW LOCAL GOVERNMENT ACT 1993

(AS AMENDED)

To the General Manager

I, ________________________________________________________________________________

Declare a Conflict of Interest, being a PECUNIARY Interest.

COUNCIL MEETINGS

Name of Meeting _______________________________________________________________

Date of Meeting _______________________________________________________________

Page Number ________________________ Item Number ____________________________

Subject ________________________________________________________________________

Reason for Interest ____________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

OTHER THAN COUNCIL MEETINGS

Reason for Interest _______________________________________________________________

_________________________________________________________________________________

_____________________________ ______________________________________

Signature Date





Calendar of Events

Meeting

Month/Year

Meeting

Date

Time Event Location

2019

March 25th 9.00am Council Meeting Council Chamber

April 19th - 21st Easter

25th ANZAC DAY

29th 9.00am Council Meeting Council Chamber

May 27th 9.00am Council Meeting Council Chamber

June 24th 9.00am Council Meeting Council Chamber

July 22nd 9.00am Council Meeting Council Chamber

August 26th 9.00am Council Meeting Council Chamber

September 23rd 9.00am Council Meeting Council Chamber

October 28th 9.00am Council Meeting Council Chamber

November 25th 9.00am Council Meeting Council Chamber

Councillor Information List

DATE INFORMATION SENT Author Web

Addres

s Link

Email

16/02/19 Internal Briefing RE: Water Flows / Supply Jody Swirepik

21/02/19 Confirmation Emergency Water Supply Funding Hon Niall Blair MLC

22/02/19 Media Release - Bourke Shire Receives

Emergency Water Supply funding

Ross Earl

22/02/19 Media Release – Wild Dog Funding Ross Earl

24/02/19 Meeting with Linda Scott – NSW Local Government Ross Earl

01/03/19 Response to request for Darling River Flow Hon Niall Blair MLC

06/03/19 Drought Affects at Louth Sydney Morning

Herald

06/03/19 Media Release – Cease to Flow

06/03/19 Media Release – North Bourke Water Supply Ross Earl

07/03/19 Media Release – Byrock Water Carting Ross Earl

08/03/19 Media Release – Bourke Water Supply and Grant for

Wanaaring Road

Ross Earl





Business Arising From February 2019 Meeting

KEY: Action still pending Action

GM General Manager MRS Manager Road Services

MCS Manager Corporate Services MES Manager Environmental Services

MTD Manager Tourism & Development MW Manager Works

206/2013 Review of Organisational Structure

Responsible Officer General Manager

File Number S6.41

DECISION ACTION TAKEN

That the position descriptions of all employees be updated to reflect current

duties performed and requirements of the organisation.

In progress

516/2016 Birthing Facilities at Bourke and Visit by Professor Sally Tracy


File Number H1.1


That Council decide what further representations may be required following the

receipt of any responses from its letters and considering any issues raised by

Professor Tracy

Still to be

finalised

64/2017 Unfenced and Unsealed Airstrips


File Number LD11.1 –A6.1


Council seek public comment regarding the need to maintain the airstrips at

Enngonia, Fords Bridge and Byrock and engage Tom Griffiths of Airport Plus to

prepare a report detailing the issues to be considered in deciding whether to

maintain the three (3) strips.

In progress

67/ 118/ 177/ 203/2015 Full Birthing Unit for Bourke Hospital


File Number H1.1


That further information in regards to midwife led birthing models be obtained. Ongoing





450/2017 Finalisation of Lease to Bourke and District Children’s Services

Responsible Officer General Manager/MCS

File Number A11.1.4


Council prepare a Plan of Management in respect of the Golf Course Precinct

and agree to the lease of the both the Old Golf Club Building and the New Pre-

School building for a period of five (5) years from 1st July 2016 to 30th June 2021

with the option for two (2) additional periods of five (5) years, subject to them

meeting the terms and conditions of the lease agreement. The intent to lease the

premises to BDCS be advertised in accordance with the provisions of the Local

Government Act 1993 and the terms and conditions of the lease be as

determined.

Plan of

Management

Adopted

152/2018 Changes to Native Vegetation Management


File Number D2.1-L1.12

DECISION ACTION

TAKEN

That the matter be referred to Local Government New South Wales to ascertain

the impact on rural Councils in NSW

Completed

182/2018 Disposal of Assets to Whiddon Group

Responsible Officer Manager of Corporate Services

File Number A11.1


Council transfer the land made up of Lot 1 DP 1145233, Lot 2 Section 11 DP

758144, Lot 3 Section 11 DP 758144, Lot 2 DP 227656 to The Frank Whiddon

Masonic Homes Group for $1.00 with the following conditions:-

1. Registration of a restriction on use/positive covenant which imposes a

requirement that the land is used only for the provision of aged care

facilities/services;

2. Execution of a deed between Council and The Frank Whiddon Masonic

Homes Group that imposes an obligation on The Frank Whiddon Masonic

Homes Group to re-transfer the land to Council in the event that The Frank

Whiddon Masonic Homes Group proposes to sell the land to a third party

(except with prior approval of Council); and

3. Registration of a caveat over the land to protect Council’s interests referred to

in the Deed referred to in 2. Above.

In progress





199/2018 Request for the Extension of the Louth Airstrip

Responsible Officer Manager of Works

File Number V1.5


Council explore options for funding for the extension of the Louth Airstrip and

start negotiations with the current land owner to purchase a parcel of land that

would allow for the proposed extension of the Louth Airstrip. Council continue to

monitor the Louth Airstrip and maintain the status quo.

Ongoing,

contact with

RFDS to

determine

requirements

321/2018 Renaming Senior Citizens Building to Bourke Community Centre

Responsible Officer General Manager/Manager Works

File Number A11.2.24

1. That a Plan of Management for the Bourke Community Centre be developed

which details the allowable uses of the building and the fee required to be paid

for the use and any bond that need to be lodged.

2. That the Plan of Management be submitted to Council on completion for their

endorsement

Ongoing

362/2018 Biodiversity Conservation Act 2016 - update

Responsible Officer Manager Environmental Services

File Number E6.1-E6.4-L8.1

1. Council undertake a review of the potential impact on the sale of land held for

industrial development including obtaining specialist advice as appropriate.

2. That on finalisation of that review a further report be brought back to Council

Presentation

made to

Council

Monument to Percy Hobson


File Number G4.28-W2.2.9

Council investigate the development of a mural on the water tower on Anson

Street, recognising the achievements of Percy Hobson, subject to the obtaining

of all necessary approvals and the availability of funding.

Aquatech quotation to be received by Council in relation to painting preparation

of tower. RMS has approved that artwork can be applied to water tower. DA

required.

Project

Developing and

funding source

being identified





394/2018 Western Local Health District (WLHD)

Responsible Officer Mayor

File Number H1.1


Council contact the WLHD further requesting the information that was not

received in our previous letters:-

1. Effects on mothers of giving birth away from Country

2. Results of any patient satisfactory survey

3. Location of Plant & Equipment previously used in Birthing Unit at Bourke

District Hospital

4. Details of the model of care in place at present

Letter written

395/2018 Council Owned Land to be transferred to Bourke Aboriginal Health

Service


File No A11.1.5


That Council request from the Bourke Aboriginal Health Service; a progress

report on the funding application they have submitted for the provision of a

Clinic and Administration Centre; a Music School; a Gymnasium and a Training

School for which they have requested transfer of ownership of Council owned

land.

Letter written

405/2018 Heritage Advisory Committee

Responsible Officer Manager Environmental Services

File No H2.1


1. Council endorse the formation of the Bourke Shire Council Heritage

Advisory Committee.

2. That Council appoint Councillor Thompson and Councillor Cole to sit on the

Bourke Shire Council Heritage Advisory Committee.

3. That Council refer the draft terms of reference to the first meeting of the

Heritage Advisory Committee for comment and ask that they refer any

suggested changes back to Council

In progress

427/2018 Proposed Change of Management of the PCYC


File No L1.17-Y1.7-LD-L11.14.3


The General Manager to prepare a detailed report in relation to the matter,

including the seeking of legal advice if necessary

Report to be

prepared





File No: T6.1- T6.2

Report: 107/2018 Removal of Distressed Trees

Responsible Officer: Peter Brown, Manager of Works

DECISION

ACTION TAKEN

Council remove the two (2) dead Queensland Fig trees in Mitchell Street

between Warraweena Street and Tarcoon Street and the four (4) dead

Jacaranda trees in Sturt Street.

Council consider it options in relation to the remaining eight (8) Queensland Fig

trees in Mitchell Street between Warraweena Street and Tarcoon Street on the

north side once a report is received from the Arborist

In progress

File No S6.1

Report: 387/2018 Incentives to Attract Staff - Potential Amortisation of HECCS Debt for

those Working in Rural and Remote Areas

Responsible Officer Ross Earl, General Manager


Council write to the Federal Member for Parkes, Mark Coulton, raising the

possibility of the Federal Government agreeing to a scheme whereby the

HECCS debt of persons electing to work in a rural and remote location are

reduced in accordance to the level of remoteness and length of stay and a

motion be developed along similar lines of the Ryde motion for presentation to

the Western Division Conference

Motion passed at

Western Division

of Councils

Conference

File No: W2.2.9 W2.2.12

Report: 101/2019 Bourke Future Water Supply Options

Responsible Officer: Peter Brown- Manager Works


Council take immediate steps to augment the Bourke Weir Pool with water from

the 19A weir Pool, provided it is practicable and economically viable.

Council lobby the current State Government and candidates for the seat of

Barwon in the upcoming state elections to commit to the construction of a

“regulator” as soon as possible at the site known as BU8 with is east of Bourke.

Council, take all steps to ensure that, where possible, that no stranding of water

occurs in the Bourke Weir Pool, bumping and/or extraction.

Council lobby all levels of Government to make a release of environmental water

to recharge the Bourke Weir

Council look to the establishment of another bore to supplement Walkden’s Bore

as a matter of urgency.

All in Progress





File No A11.2.21-P1.24

Report: 301/2019 Plan of Management for the Old Golf Club Precinct



Council adopt the Plan of Management for the Bourke Golf Club Precinct being

Western Lands Lease No. 9618

Completed

File No P4.1.4

Report: 302/2019 Adoption of New Code of Conduct for Local Government in

New South Wales



Council note the report in relation to the New Model Code of Conduct

Council rescind the existing Bourke Shire Council Model Code of Conduct

Policy. That Council adopt the new Code of Conduct for Councils in New South

Wales. The General Manager ensure that all Councillors and staff are aware of

the New Code of Conduct and in particular any changes

New Code of

Conduct

adopted

File No P4.1.4

Report: 3/2018 Workshop for the New Code of Meeting Practice



Council determine a date in early April to hold a “Model Code of Meeting

Workshop” for Councillors and Senior Staff early April 2019 to look at which of

the optional provisions it wishes to include the Code of Meeting Practice for

Bourke Shire Council prior to its adoption.

Completed

File No W2.2.9-W2.2.12

Report: 306/2019 Water Supply Update – Late Report



Council note the current critically low volumes of water in the Bourke Weir Pool.

Council note the current emergency water supply that can be called upon from

Walkden’s Bore. Council note action being expedited to ensure the availability of a

second bore to supplement the supply from Walkden’s Bore. Council endorse the

action being taken to secure funding to enable the full commissioning of the second

bore. Council endorse any action required to be undertaken to secure the necessary

licences that may be required for any additional bores that may be required. Council

delegate to the Mayor and the General Manager authority to approve expenditure and

approve works that may be required in their opinion to ensure the ongoing supply of

filtered water for the town of Bourke and North Bourke. Council not call tenders for the

work as they are deemed to fall under the provision of section 55 (3) (k) of the Local

Government Act works that are undertaken as a matter of urgency.

Ongoing





File No A3.3-P4.2

Report: 3088/2019 Preparation of 2019/2020 Operational Plan (Budget)



The 2019/2020 Operational Plan be prepared utilising the 2.7% General Rate

increase as determined by IPART. Any Councillors wishing to have an item

included in the 2019/2020 Draft Operational Plan for consideration, notify the

Manager of Corporate Services by 28th February 2018.

Completed

File No A11.2.21

Report: 310/2019 Lease of Old Golf Club and New Pre School Building to Bourke

and District Children’s Services



Council agrees to the lease of the Bourke Pre-School and The Old Bourke

Golf Club to Bourke and District Children’s Services for an initial period of five

(5) years with options for a further two (2) five (5) year periods. The lease

amount be as previously determined with the addition of an annual increase in

line with the Annual CPI increase applicable to Sydney each year.

Now able to

progress

File No P1.5.1-F1.2

Report: 312/2019 Davidson Oval Electricity Charges



Council adopted the new charges of $25.00 per hour for the use of floodlights

at Davidson Oval and $12.50 for the use of floodlights at Coolican Oval. Council

monitor both the usage and maintenance costs for the lights to ensure full cost

recovery is being achieved.

Completed

File No C12.1

Report: 0032/2018 Notice of Motion

Responsible Officer Ross Earl General Manager


That Council meetings are held on land of which Aboriginal peoples were the

custodians, Council henceforth commence each ordinary monthly meeting of

Council. An acknowledgement of Country has been developed for use at

Council meetings.

Completed





File No E2.1

Report: 0036/2019 Conduct of the September 2020 Local Government Election for

Bourke Shire Council



Council has until 1st January 2020 t to make a decision on the administration of

their elections and enter into any arrangements with the New South Wales

Electoral Commissioner.

Decision to be

made once

quotation

received

File No R11.1

Report: 0038/2019 April Meeting of the Board of Regional Development Australia



Council agree to host a small function to welcome the Board of Regional

Development Orana to Bourke on the 14th April 2019.

Invitations to be

sent

File No A6.1, A6.3

Report: 0039/2019 Re-Establishment of Air Service to Bourke



Tenders for an Air Service to Bourke and Western NSW developed Tenders being

assessed by Far

North West JOC

File No: C11.1

Report: 0040/2019 Late Report – Code of Meeting Practice

Responsible Officer: Ross Earl, General Manager


Workshop held and report to March Council meeting for adoption Report to

Council

File No: R2.5

Report: 0044/2019 Rates write-off Assessment number 01598-00000000-000

Responsible Officer: Leonie Brown, Manager Corporate Services


Rates Written Off Completed





File No: R2.5





File No: R2.5

Report: 0046/2019 Rates write-off assessment number 01653-07500000-000




File No: R2.5





File No: R2.5

Report: 0048/2019 Write-off interest Assessment number 01388-00000000-000

and 01614-20000000-000




File No R2.5-R2.15-P9.3-R2.22

Report: 1020/2017 Outstanding Rates, Water and Debtor Accounts Closed Session of

Council - CONFIDENTIAL

Author Leonie Brown, Manager of Corporate Services


Report Accepted Completed

Recommendation:

That the information in the Business Arising as presented to Council on Monday, 25th March

2019 be noted.





ENGINEERING SERVICES REPORT

Background:

In December 2018 Council applied for a licence to drill a bore near Rainbar Station, on the

Bourke Wanaaring Road, to enable the reconstruction for the sealing of the Wongareena

section of road under the Fixing Country roads program. The approval of the licence was

received on the 15th March 2019.

Council road crews recommenced sealing the Poison Point Section of the Wanaaring Road in

February 2019 and are expected to complete section two in early May 2019.

This leaves limited time to carry out a tender process as the amount of water supplied from the

bore is critical for the sealing of the Wanaaring Road to move forward. The added concern of

no-flow in the Paroo is another crucial concern that may impact on the completion of works on

Wongareena Plain, as a second bore may need to be drilled to provide sufficient water to

complete funded road works on the Wanaaring Road.

These works fall under the provisions of section

55(3) (i) a contract where, because of extenuating circumstances, remoteness of locality

or the unavailability of competitive or reliable tenderers, a Council decides by

resolution (which states the reasons for the decision) that a satisfactory result

would not be achieved by inviting tenders,

And

55(3) (k) works undertaken in case of an emergency.

Quotations will be sought from drillers and suppliers who have submitted quotations to Council

for similar works recently and these have provided indicative costs for comparative purposes.

As Council would appreciate in these dry times bore drillers in are demand and it is important to

gauge contractor availability, given the tight deadlines.

A tender process would take a minimum of six (6) weeks and during that timeframe there would

be significant changes to the availability of the successful tenderer.

The works are dependent on the availability of water and as such it is critical that the supply of

water be confirmed as a matter of urgency.

I am confident that based on the tenders received for previous bore construction that the

quotations from the drilling contractors known to Council will provide competitive pricing.

File No W2.1 R7.4.3

Report: 0058/2019 Rainbar Bore Wanaaring Road

Responsible Officer Mark Gordon Manager of Roads





Requirement to Tender

For works over $150,000 Council is required by section 55 of the Local Government Act to call

tenders.

However, section 55(3) provides the following clause for emergency works as follows;

3) This section does not apply to the following contracts:

(a) subject to the regulations, a contract for the purchase of goods, materials or services

specified by a person prescribed by the regulations made with another person so specified,

during a period so specified and at a rate not exceeding the rate so specified,

(b) a contract entered into by a Council with the Crown (whether in right of the

Commonwealth, New South Wales or any other State or a Territory), a Minister of the

Crown or a statutory body representing the Crown,

(c) a contract entered into by a Council with another Council,

(d) a contract for the purchase or sale by a Council of land,

(e) a contract for the leasing or licensing of land by the Council, other than the leasing or

licensing of community land for a term exceeding 5 years to a body that is not a non-profit

organisation (see section 46A),

(f) a contract for purchase or sale by a Council at public auction,

(g) a contract for the purchase of goods, materials or services specified by the NSW

Procurement Board or the Department of Administrative Services of the Commonwealth,

made with a person so specified, during a period so specified and at a rate not exceeding

the rate so specified,

(h) a contract for the employment of a person as an employee of the Council,

(i) a contract where, because of extenuating circumstances, remoteness of locality or the

unavailability of competitive or reliable tenderers, a Council decides by resolution (which

states the reasons for the decision) that a satisfactory result would not be achieved by

inviting tenders,

(j) contract for which, because of provisions made by or under another Act, a Council is

exempt from the requirement to invite a tender,

(k) a contract made in a case of emergency,

(l) a contract to enter into a public-private partnership,

(m) if a Council has entered into a public-private partnership--a contract entered into by

the Council for the purposes of carrying out a project under the public-private partnership





(but only to the extent that the contract is part of the project that has been assessed or

reviewed under Part 6 of Chapter 12),

(n) a contract involving an estimated expenditure or receipt of an amount of less than

$100,000 or such other amount as may be prescribed by the regulations,

(o) a contract that is an environmental upgrade agreement (within the meaning of Part 2A),

(p) a contract or arrangement between a Council and the Electoral Commissioner for the

Electoral Commissioner to administer the Council's elections, Council polls and

constitutional referendums.

Recommendation:

1. That Council note the current emergency water supply needed to complete the roadworks for

the Wongareena Plain section of Wanaaring Road.

2. That Council delegate to the Mayor and the General Manager authority to approve

expenditure and approve works that may be required in their opinion to ensure availability of

water for the sealing of works on Wongareena Plain.

3. That Council not call tenders for the work as they are deemed to fall under the provision of

section 55 (3) (k) of the Local Government Act works that are undertaken as a matter of

urgency.





Environmental services report

File No: H2.1.2

Report: 0059/2019 Bourke Aboriginal Heritage Study

Author: Carolyn Crain, Coordinator, Development & Regulatory Services

Responsible Officer: Dwayne Willoughby, Manager Environmental Services

Oral Presentation on Agenda for 11.20am by Dr Jodie Benton

Background

In 2017 Council was successful with obtaining funding of $40,000 from the Office of

Environmental Heritage to undertaken the completion of the Bourke Shire Council Aboriginal

Heritage Study (the study).

The study was partially completed in 2007 by Jillian Comber who was Council’s Heritage Advisor

at the time.

Report

Council appointed Dubbo firm OzArk to complete the study. Public consultation with the

Aboriginal community was undertaken in June 2018, with meeting being held in Bourke and

Enngonia. OzArk also consulted with individuals and Aboriginal organisations within the LGA to

produce the draft study.

Report Attached and presentation to be provided to Council at 11.20am by Dr Jodie Benton.

The document was placed on public exhibition from Thursday 14 February 2019 until Friday 15

March 2019, with nil submissions received.

A public meeting was also held on Tuesday 12 March 2019 for members of the public who

required further information on the draft study.

Financial Implications

Funding of $40,000 obtained from The Office of Environmental Heritage to complete the study.

Recommendation:

That Council adopt the DRAFT Bourke Shire Council Aboriginal Heritage Study.





File No: DA 2017/0020/02

Report: 0060/2019 Modification of Development Consent – 71-73 Anson Street Bourke


The Application

Council consent is sought to modify the approved development application for DA2017/0020 for

the site located at 71-73 Anson Street (Mitchell Highway), Bourke, corner of Glen Street, Bourke,

also known as Lot 100, DP1231307 (formerly Lots A & B, DP405260). The proposed modifications

include:-

Reduce the number of motel units from 25 units to 24 units

Enclose part of the western end of the rear verandah for use as a plant room

Provide able/disabled access point into the reception area

Create an Access WC and install a privacy screen wall

Entry point 3 to become the secondary (2nd) entry point with level access

Entry point two (2) to be converted into an exit only egress

Convert the Day Store area into a Luggage room

Remove step from the Main Entry point from Anson Street

Increase setback distance of Unit 17 from Glen Street

Relocate Unit 24 car parking space to rear of unit

Increase number of visitor spaces from 3 spaces to 4 spaces

Unit 25 car parking space reallocated to delivery space

Original delivery space now allocated to staff parking space use

Original number 1 staff car parking space to become an accessible space

A new shared zone and path entrance now proposed between staff car parking space 1 and

the accessible space, providing access to the new secondary (2nd) access point

Unit 8 to be changed from disabled accommodation to normal accommodation

Unit 10 to adjoin Unit 9



All car parking spaces allocated to Units 9 to 14 to adjoin respective units

Units 15 & 16 are now proposed to be accessible accommodation including provision of

ramp, with the car parking spaces to be provided between unit 16 and Anson street

boundary

A grease trap to be located within grassed area.

Applicant: Frank Takos

Owner: Sunchen Pty Ltd

Proposal: Reduce the number of units from 25 to 24, delivering accessibility

options to the establishment, relocate a number of units and their

associated parking spaces, repurposing internal rooms of the

establishment

Original description: Change of use of hotel to motel and restaurant including internal

refurbishment of the existing premises, the addition of free-standing,

prefabricated motel units, provision of swimming pool, shade sails,

on site car parking and other ancillary features, together with the





initial use of the restaurant to serve members of the general public

prior to the motel use becoming operational

Location: Lot 100 DP1231307, 71 – 73 Anson Street, Bourke, 2840 (formerly Lots

A & B, DP405260).

Zone: R1 – General Residential

No political gifts or donations have been disclosed.

This report has been prepared by Geolyse Pty Ltd on behalf of Bourke Shire Council.

Geolyse has assessed the proposal in accordance with relevant planning provisions and provide

a recommendation of approval.

The Proposal

The site is currently occupied by the former Oxford Hotel, currently not in use. Consent was

granted in 2018 for the change the use of the former hotel to use it as a motel including restaurant,

which would serve both motel and external patrons.

The applicant has now lodged a DA modification seeking to vary the current approval to provide

the following changes:

Reduce the number of motel units from 25 units to 24 units by deletion of Unit 25 that

would be located within the main building through conversion of these rooms into 2

meeting rooms and a break-out room,

Enclose part of the western end of the rear verandah to increase the size of the plant room

which utilization of this additional area for storage purposes,

Remove the step from the reception area entrance to create an able/disabled access point

into the reception area,

Create an Access WC from conversion of part of the Dart room and install a privacy screen

wall,

Currently proposed Entry point 3 to become the secondary (2nd) entry point with the step

to be removed,

Original entry point two (2) to be converted into an exit only egress,

Convert the Day Store area into a Luggage room,

Remove step from the Main Entry point from Anson Street,

Increase setback distance of Unit 17 from Glen Street,

Relocate Unit 24 car parking space from eastern side of unit to rear of unit,

Increase number of visitor spaces from 3 spaces to 4 spaces with same access point,

Unit 25 car parking space reallocated to delivery space,

Original delivery space now allocated to staff parking space use,

Original number 1 staff car parking space to become an accessible space,

A new shared zone and path entrance now proposed between staff car parking space 1 and

the accessible space which will provide access to the new secondary (2nd) access point,

Unit 8 to be changed from disabled accommodation to normal accommodation including

car parking space allocated to this unit,

Unit 10 to be relocated to adjoin Unit 9,



All car parking spaces allocated to Units 9 to 14 relocated,





Units 15 & 16 are now proposed to be provided as accessible accommodation including

provision of ramp, with the car parking spaces relocated to be provided between unit 16

and Anson street boundary, and

Provision of a grease trap within grassed area.

Application/ Consent History

Development consent was issued for development application DA 2017/0020 by the Council of

the Shire of Bourke on August 30, 2017. The application approved the:

‘Change of use of Hotel to Motel and Restaurant, internal refurbishment of existing

premises, the addition of free standing, prefabricated motel units, provision of swimming

pool, shade sails, on site car parking and other ancillary features, together with initial use of

the restaurant to serve members of the general public prior to the motel use becoming

operational’.

Works approved under DA 2017/0020

Removal of twenty-two (22) trees/shrubs/stumps as identified on architectural drawings

(Existing site plan); and

External works to the existing hotel as identified on the architectural drawings; and

Internal works to the existing hotel as identified that will involve:

(i) Minor reconfiguration to create a manager’s quarters and one (1) motel room (Room

25),

(ii) Modernizing the kitchen and dining area,

(iii) Creation of a reception area and reception desk with access from the drive through

area,

(iv) Creation of a day store area, dry goods store, reception office, reception desk and

store from the back of house area,

(v) Creation of a bathroom from a store area,

(vi) Creation of a staff room from cool room 1,

Installation of fourteen (14) prefabricated panel, on-site assembled freestanding

prefabricated buildings to provide twenty four (24) of the proposed twenty five (25) room

motel complex, where in the main, the motel rooms are paired together in each prefab

building to provide twenty four (24) motel rooms and use one of the prefab building’s as a

storage/garden shed and Room 25 to be provided within the existing Oxford Hotel building,

Provision of thirty two (32) car parking spaces, with three (3) spaces allocated to visitor, three

(3) spaces allocated to staff parking and one space specifically dedicated as a

loading/unloading space and provision of a turning-around bay at the end of the driveway,

Installation of two way driveway access provided directly from Glen Street with no vehicular

access provided from Anson Street/Mitchell Highway,

Provision of an in-ground swimming pool with associated swimming pool fence and shade

sails,





Use of proposed restaurant/dining room to include general public use (not for specific motel

patron use only),

Amalgamation of the two (2) lots into a single lot.

The Site

The site is located at 71 – 73 Anson Street (Mitchell Highway), at the north eastern corner of the

Anson Street intersection with Glen Street, Bourke and currently houses the former Oxford Hotel.

The site’s Anson Street (Mitchell Highway) frontage is approximately 67 metres and the frontage

to Glen Street is approximately 60 metres, with a total area of approximately 4,047 square metres.

To the rear is a gravel laneway linking between Glen and Wilson Streets. The adjacent property

to the east houses a commercial premises (funeral home) while residential properties are located

to the west. To the south is the railway line and land zoned for industrial purposes.

A service station was approved on land to the south-west (adjacent to the rail corridor) for 24-

hour usage in 2015 and the consent remains valid.

Since grant of the original consent the site has been consolidated to form one lot. The original

consent contained a condition seeking confirmation of registration of the consolidation prior to

issue of an occupation certificate for the motel. As consolidation is confirmed, this condition need

no longer be applied to the consent.

Locality Plan





Aerial View

Matters for Consideration

The relevant statutory instrument in this instance is the Environmental Planning and Assessment

Act 1979 (as amended) and the relevant sections of this instrument applicable to this application

is Section 4.55 of the EP&A Act 1979.

Section 4.55

(1) Modifications involving minor error, misdescription or miscalculation

A consent authority may, on application being made by the applicant or any other person

entitled to act on a consent granted by the consent authority and subject to and in

accordance with the regulations, modify a development consent granted by it to correct a

minor error, misdescription or miscalculation. Subsections (1A), (2), (3), (5) and (6) and Part

8 do not apply to such a modification.

Note. Section 380AA of the Mining Act 1992 provides that an application for modification of

development consent to mine for coal can only be made by or with the consent of the holder

of an authority under that Act in respect of coal and the land concerned.

(1A) Modifications involving minimal environmental impact



accordance with the regulations, modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which the consent was





originally granted and before that consent as originally granted was modified (if at all),

and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a Council that has made a

development control plan that requires the notification or advertising of applications for

modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within

any period prescribed by the regulations or provided by the development control plan,

as the case may be.

Subsections (1), (2) and (5) do not apply to such a modification.

(2) Other modifications



accordance with the regulations, modify the consent if:

(a) it is satisfied that the development to which the consent as modified relates is

substantially the same development as the development for which consent was

originally granted and before that consent as originally granted was modified (if at all),

and

(b) it has consulted with the relevant Minister, public authority or approval body (within the

meaning of Division 4.8) in respect of a condition imposed as a requirement of a

concurrence to the consent or in accordance with the general terms of an approval

proposed to be granted by the approval body and that Minister, authority or body has

not, within 21 days after being consulted, objected to the modification of that consent,

and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a Council that has made a

development control plan that requires the notification or advertising of applications for

modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within

the period prescribed by the regulations or provided by the development control plan,

as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

(3) In determining an application for modification of a consent under this section, the

consent authority must take into consideration such of the matters referred to in section

4.15 (1) as are of relevance to the development the subject of the application. The consent

authority must also take into consideration the reasons given by the consent authority for

the grant of the consent that is sought to be modified.

(4) The modification of a development consent in accordance with this section is taken not

to be the granting of development consent under this Part, but a reference in this or any

other Act to a development consent includes a reference to a development consent as so

modified.





(5) (Repealed)

(6) Deemed refusals

The regulations may make provision for or with respect to the following:

(a) the period after which a consent authority, that has not determined an application under

this section, is taken to have determined the application by refusing consent,

(b) the effect of any such deemed determination on the power of a consent authority to

determine any such application,

(c) the effect of a subsequent determination on the power of a consent authority on any

appeal sought under this Act.

(7) (Repealed)

(8) Modifications by the Court

The provisions of this section extend, subject to the regulations, to enable the Court to

modify a consent granted by it but, in the extension of those provisions, the functions

imposed on a consent authority under subsection (1A) (c) or subsection (2) (b) and (c) are

to be exercised by the relevant consent authority and not the Court.

The modification of approved Development Application DA 2017/0020 has been lodged by the

applicant pursuant to Section 4.55(2) on the basis that the applicant considers the proposed works

involve other than minor environmental impacts.

The reasons provided by the applicant to justify the modification are set out as follows:

i This application will result in a decrease in visual built form and massing visible to part of

Anson and Glen Street due to the proposed amalgamation of room 10 with 9, room 12

with 11 and room 14 with 13; and

ii A superior internal circulation for motel patrons will result from the proposed changes

that will provide a new shared zone and path entrance between staff car parking space 1

and the accessible space which will provide access to the new secondary (2nd) access

point; and

iii The increase the number of accessible units to be provided (increase from 1 to 2 rooms)

and the relocation of the position of these rooms on site will result in superior access

being provided to the main building that will provide restaurant and bar facilities; and

iv No increase in traffic generation from this Section 4.55 as the same amount of car

parking spaces (32 spaces) continues to be provided however in a more efficient layout

due to the changes of space allocation; and

v No increase in environmental outcomes generated above that approved under DA

2017/0020 that is sought to be amended/modified/changed.

In determining a modification, the consent authority must be satisfied as to a number of key ‘tests’.

Firstly and critically, the application must be substantially the same as the originally approved

development.

The following is noted in this regard:





The development use remains consistent with the approved use

The scale of the development is slightly reduced via the removal of one unit and the

consolidation of a number of other units. This provides for a reduced scale and improved

internal circulation;

Car parking provision is consistent with the approved arrangement

On balance it is considered that the development satisfies the substantially the same test.

A further test in respect of a modification are those matters relevant in relation to Section 4.15 of

the EP&A Act. These are addressed in the following section.

No concurrence was required in relation to the original application and none is now required in

relation to the modification.

Notification of the application has been completed in respect of Council’s requirements.

On the basis of the above, the requirements of clause 4.55(2) are considered to be adequately

satisfied.

Provision of Any Environmental Planning Instrument S4.15

Bourke Local Environmental Plan 2012

The subject land is zoned R1 – General Residential pursuant to the Bourke Local Environmental

Plan 2012 (LEP). The approved land uses (hotel or motel accommodation, and initially restaurant

or cafe) are unchanged in the proposed modification.

DA 2017/0020 proposed the removal of 22 trees to facilitate the development. No further tree

removals are proposed via the modification application.

Clause 6.1 of the LEP relates to earthworks. Minor earthworks are required in relation to the

provision of hard stand areas for the adjusted placement of the prefabricated motel units and the

provision of parking spaces and trafficable areas. These works are considered to be relatively

minor in the context of the proposal and can be adequately addressed through the imposition of

conditions of consent relating to erosion and sediment control. No change to approved

earthworks are proposed via this modification.

Clause 6.5 of the LEP relates to the provision of essential services. The SEE confirms that all

essential services are available to the site and therefore the requirements of clause 6.5 are

considered to be adequately addressed. No change to servicing is proposed via this modification.

State Environmental Planning Policies

State Environmental Planning Policy 55 – Remediation of Land

State Environmental Planning Policy No. 55 – Remediation of Land (SEPP55) provides a state wide

approach to remediation of contaminated land and aims to promote the remediation of

contaminated land for the purpose of reducing the risk of harm to human health or any other

aspect of the environment.





Contamination at the site has not changed since the previous development application was

approved, therefore the site is deemed uncontaminated and appropriate for use as a motel.

On the basis of the above, the tests set down at Clause 7 are considered to be satisfied and the

development is therefore acceptable in the context of SEPP55.

State Environmental Planning Policy (Infrastructure) 2007

The State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) aims to facilitate the effective

delivery of infrastructure through the state.

Clause 101 of the ISEPP states is applicable to the development on the basis that the property has

a frontages to a classified road (Anson Street is the Mitchell Highway). The objectives of Clause

101 are:

(a) to ensure that new development does not compromise the effective and ongoing

operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on

development adjacent to classified roads.

By reference to ISEPP clause 101(2) the consent authority must not grant development on land

that has a frontage to a classified road unless it is satisfied that:

(a) where practicable, vehicular access to the land is provided by a road other than the

classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely

affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to

the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is

appropriately located and designed, or includes measures, to ameliorate potential traffic noise

or vehicle emissions within the site of the development arising from the adjacent classified

road.

Access to the property would still be gained via the approved access/egress driveway from Glen

Street, which is not a classified road. There is still no access to Anson Street (Mitchell Highway)

proposed.

As all aspects of the development will remain contained within the development site, and the

development would not give rise to impacts that would adversely affect the operation of the

classified road.

The orientation and positioning of the motel units, along with the previously approved acoustic

screen and landscaping will remain adequate to shelter the site of noise impacts from traffic on

the Anson Street (Mitchell Highway), and the industrial land uses to the south. A condition of

consent has been imposed with the initial approval to ensure these features are maintained in

perpetuity.





The orientation and positioning of the motel units, the acoustic screen and landscaping will also

aid in the reduction of emissions reaching the motel units. Unit 16 is the most likely unit to be

impacted by emissions, however, the setback from the Anson Street kerb (8m), the acoustic screen

and landscaping will mitigate the emission pollution

The above analysis indicates that clause 101 of the ISEPP is satisfied.

The development does not constitute traffic generating development as outlined in clause 104

and schedule 3 of the ISEPP.

The land is also adjacent to a railway corridor to the south. Clause 85 of the ISEPP relates to

development adjacent to rail corridors and applies where the development:

(a) is likely to have an adverse effect on rail safety, or

(b) involves the placing of a metal finish on a structure and the rail corridor concerned is

used by electric trains, or

(c) involves the use of a crane in air space above any rail corridor, or

(d) is located within 5 metres of an exposed overhead electricity power line that is used for

the purpose of railways or rail infrastructure facilities.

Where the above triggers apply, notification to the rail authority is required.

Whilst it is not considered likely that the proposal would result in any of the above listed impacts

to the operations of the corridor, details of the application were provided to John Holland Rail as

the Rain Infrastructure Manager for the rail corridor on behalf of Transport for NSW. JHR

responded to advise no comments on the application.

Provisions of any Draft Environmental Planning Instrument that has been placed on exhibition

s4.15(1)(a)(ii)

Nil draft plans.

Provision of Any Development Control Plan s4.15(1)(a)(iii)

The Bourke Development Control Plan 2012 (DCP) applies to all land within the Bourke Local

Government Area. The aims of the DCP are:

Define development standards that deliver the outcomes desired by the community and

Council;

Provide clear and concise development guidelines for various forms of development;

Encourage innovation in design and development by not over‐specifying development

controls;

Provide certainty of development outcomes for developers and the community.

Chapter 2 of the DCP contain various general provisions that relate to this development and these

are discussed below.

Clause 2.3 - A Statement of Environmental Effects (SEE) has been supplied in respect of the

development modifications which addresses relevant issues associated with the development.





Clause 2.4 – Plans have been provided in connection with the development to provide adequate

information to enable assessment of the application.

Clause 2.5 – see commentary provided above in respect of SEPP55.

Clause 2.6 – the development application has been notified to affected adjacent land owners and

occupants, and an advertisement placed in the local paper and on the Council website. No

submissions were received.

Chapter 3 relates to natural hazards; the land is not understood to be flood or bush fire affected.

Chapters 4 and 6 provide commentary on development standards for various development types.

Section 4.8 deals with commercial and retail developments, which the subject development is

considered to constitute. The provisions of Section 4.8 are addressed in Table 1. Chapter 6 also

seeks to ensure, at clause 6.3, that the proposed development adequately addresses relevant

environmental controls.

All of these matters are addressed in the following table and in the 4.15 assessment below.

DCP Standard Assessment

Setbacks

No minimum street setback N/A

Side and rear in accordance with BCA This would be achieved.

Height

No height restriction N/A

Outdoor lighting

Demonstrate compliance with AS/NZS

11583.1 Pedestrian Area (Category P)

Lighting and AS4282 Control of

Obtrusive Effects of Outdoor Lighting.

Outdoor lighting will comply with AS/NZS 11583.1

Pedestrian Area (Category P) Lighting and AS4282

Control of Obtrusive Effects of Outdoor Lighting

as required and detail will be provided as part of

the CC documentation.

Outdoor Signage

A single business premises is permitted

to have:

one under awning sign,

one top hamper sign, and

one fascia sign,

that do not project above or

beyond that to which it is

attached. One of which may be

illuminated, but not flashing,

moving or floodlit.

Design and location of signage

must be shown on plans with DA.

Where there is potential for light

spill from signage to adjoining

No signage proposed via the application





properties, all illuminated signage

shall be fitted with a timer switch

to dim or turn off the light by 11pm

each night.

Signage must comply with SEPP

64 – Advertising and Signage

Schedule 1 Assessment Criteria.

Design

Building facades shall be articulated by

use of colour, arrangement of elements

or by varying materials.

Building elevations are dominated by the

existing/former Oxford Hotel building, which

would be reused with minimal external changes.

Proposed prefabricated motel units are setback

from the front boundary and provided with

landscaping to soften their appearance.

Large expansive blank walls not

permitted unless abutting a building on

an adjoining allotment.

As above

Plans must show the location of all

external infrastructure (including air

conditioning units, plant rooms,

ducting) and demonstrate how it will be

screened from view from a public place

or road.

Previously approved pool pump is well separated

from motel units and a condition would be

imposed requiring acoustic shielding. No other

plant details are provided.

Development on corner sites shall

incorporate splays, curves, building

entries and other architectural elements

to reinforce the corner as land mark

feature of the street.

As the existing building, which fronts both streets,

is retained, this is considered to be satisfied.

Post supported verandahs and balconies

Set back a minimum of 600 mm from

the back of the kerb.

None proposed

Must complement the style, materials

and character of the building being

altered.

None proposed

Public liability insurance to Council

requirements, and a Council license is

required for verandah or balcony

awning over the public footpath.

None proposed

Not to interfere with operation of or

access to utility infrastructure.

None proposed

Utilities and Services

Servicing strategy required to

demonstrate the availability and

feasibility of providing water, sewer and

stormwater services appropriate for the

scale and nature of development.

Essential services are available and would be

augmented as required at the full cost of the

application.





Applications must demonstrate

adequate provision for storage and

handling of solid wastes.

A detailed waste management plan has been

prepared. A screened bin storage area has been

provided on the site.

Trade Waste Application and facilities

are required where liquid wastes

(excluding domestic waste from a hand

wash basin, shower, bath or toilet) are

to be discharged to Council’s sewerage

system.

A trade waste application would be required as a

condition of consent.

Buildings and structures are to be

located clear of utility infrastructure.

This is achieved

For sewer mains, structures are to be

located a minimum of one metre or

the equivalent invert depth, whichever

is greater, from the centreline of the

main.

This is achieved

Traffic and Access

All vehicles must be able to enter and

exit the site in forward direction.

This is achieved

Design must demonstrate no conflict

between pedestrian, customer vehicles

and delivery vehicles.

Adequate room is provided within the site for

cars and pedestrians to move safely. A condition

of consent would be imposed restricting the

speed of vehicles within the site to not more than

10km/hour.

Wearing surfaces for access driveways,

parking areas, loading/unloading

facilities and associated vehicle

manoeuvring areas relative to the

design vehicle.

This is achieved

Unsealed vehicle movement areas are

not acceptable due to environmental

management impacts

No unsealed areas proposed

Loading bay(s) must be sited to avoid

use for other purposes such as

customer parking or materials storage

and be line marked and signposted.

A dedicated unloading space would be provided

on site for the nominated delivery vehicle, being

a small van.

Site access not permitted:

Close to traffic signals,

intersection or roundabouts

with inadequate sight distances;

Opposite other large

developments without a median

island;

Where there is heavy and

constant pedestrian movement

on the footpath;

Adequate separation to intersection

provided and adequate sight distances

provided

No other large development in the

locality

Area is residential in nature and does not

feature heavy or constant pedestrian

movement





Where right turning traffic

entering the site may obstruct

through traffic.

Vehicle movements in the area are

understood to be generally low and the

streets are wide, obstruction of through

traffic is not anticipated

Separate, signposted entrance and exit

driveways are required for

developments requiring more than 50

parking spaces or where development

generates a high turnover of traffic.

The development does not contains more than

50 car parking spaces and it is not considered

likely to generate a high turnover of traffic.

The number of access points from a

site to any one street frontage is

limited to 1 ingress and 1 egress.

This is achieved

Driveways must be provided in

accordance with AS 2890.1 Parking

Facilities

This would be achieved

Parking

Parking for commercial premises and

storage premises to be provided on

the following basis:

Motel – 1 space per

accommodation plus one space

per 2 employees;

Hotel - 1 space per hotel unit plus

1 space per 3.5m2 licensed public

floor area;

Restaurant – no specific

requirements listed in the

Development Control Plan. The

RTA Guide to Traffic Generating

Development 2002 requires

whichever is the greater of 15

spaces per 100m2 of GFA or a

space per 3 seats provided.

The site proposes 24 motel units and 6

employees (demands 27 spaces) – the site

proposes 33 parking spaces and therefore

complies with the motel requirements;

The site provides a restaurant floor area of

approximately 80 square metres and 30

seats. On this basis, the development

therefore generates the need for an

additional 12 car parking spaces although

only six additional are provided. However,

the applicant has provided an argument

that a reduction is justified on the basis that

the restaurant will primarily serve motel

patrons (once the motel is open) and that

at that time, the four visitor spaces will be

sufficient to accommodate for any

members of the general public wishing to

visit the restaurant. It is also noted that

there is adequate on street parking on Glen

Street to provide for any overflow. The

applicant also proposes to provide short

term parking on site for restaurant patrons

until the motel is open. On the basis of the

above, it is considered that the site is

adequately serviced for car parking.

A condition of consent will be issued to

ensure all allocated parking spaces have

ample access. It is noted via the

modification that the re-ordering of the

arrangement has resulted in a parking





space being provided within the north-

western corner of the site, adjacent to unit

9. This space is constrained for access due

to the positioning of an existing tree (which

is to be retained). A condition of consent is

proposed requiring this space either be

deleted or information provided to confirm

its useability (which may include a minor

reconfiguration of this space). The loss of

space (if this is the result) would not be

significant.

Brothels and Restricted Premises

Must be located at least 150m from any

of the following:

Existing dwelling;

Residential zone;

Place of worship;

Any place designated for and

utilised by children (e.g. child care

centre, community facility,

educational establishment,

entertainment facility, recreation

area/facility);

Any other sex services premises.

Not applicable

Landscaping

Landscaping or shade structures shall

be provided in outdoor car parking

areas where >10 spaces are required,

to provide shading and soften the

visual impact of large hard surfaces.

Landscaping is proposed as per the lodged

drawings. A detailed plan setting out appropriate

species types, detailed arrangements and

maintenance would be required as a condition of

consent.

Edging to be provided to retain mulch

and protect the landscaping from

damage from vehicles.

As above

Landscaping shall comprise only low

maintenance, drought and frost

tolerant species.

As above

Provisions prescribed by the Regulations s4.15(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

The Likely Impacts of the Development s4.15(1)(b)

Siting and Design

The site is located within a residential area and fronts a classified road (Mitchell Highway). The site

housed the Oxford Hotel and has now been approved for a change of use to a motel with

restaurant incorporated, providing for both motel and external patrons. Land to the south is





zoned and is largely in use for general industrial purposes including an existing service station,

approved but undeveloped service station and rural supplies facility. The highway and the

southerly operational and approved industrial land uses have the potential to result in noise

impacts to the proposed development.

The approved motel units will remain arranged on site either side of an access driveway.

Landscaping, fencing and an acoustic screen are all to remain the same as the previously

approved plans.

No additional demolitions or tree removals are proposed in this modification. One storage shed

and 22 trees would be removed as per the previously approved development application.

Siting and design is marginally approved by reference to the modification drawings through a

reduction in building bulk and scale.

Visual amenity

The main building remains largely unchanged, the repositioning of some pre-fabricated buildings

will reduce the apparent bulk of the built environment. External fencing, together with on-site

landscaping will remain as per the approved plans.

No additional removal of trees will ensure that the visual amenity will remain as per the approved

development application.

Access and traffic

A parking assessment is provided in the context of the DCP provisions. The DCP does not provide

standards for parking for restaurants however appropriate standards are provided within the RTA

Guide to Traffic Generating Development 2002 (the Guide).

The proposed modified parking is provided on the basis of one space per proposed motel unit

(24), a space per two employees (3 spaces for six employees), four visitor spaces, one accessible

parking space and a dedicated delivery parking space (33 spaces in total); this provides one

additional parking space to the previously approved parking plans.

Parking access to unit nine is hindered by the position of the allocated parking space and an

established tree. This bay should either be deleted or revised plans provided prior to construction

certificate demonstrating that the space is useable (this may require some minor reconfiguration

of this space). A condition of consent is provided in this regard.

Parking provisions for the use of the restaurant will remain the same as the approved plans:

During construction of the motel unit, 15 on site car parking spaces will be provided for use

restaurant patrons. It is accepted this is an appropriate arrangement in the short term to

ensure adequate parking is provided. Once the motel is operational, it is expected that a

larger proportion of restaurant guests would be motel guests.

The staging of development will remain as approved, the restaurant will open for operation

before completion of the motel units, with onsite parking provided for patrons.





The required 12 spaces (15 spaces required per 100m2 floor space, with 80m2 floor space

provided) will instead be substituted for six spaces as the key patronage of the restaurant

will be guests of the motel.

As stated in the approval of the previous development application (2017/0020), the Guide makes

the comment that parking may not be required at the maximum rate depending on the way the

site is used and the levels of patronage by non-motel guests. This again supports the reduction

in provided parking spaces for restaurant patrons.

In the final arrangement, the site provides 33 on-site spaces, which is five more than the required

minimum for the motel. These spaces could be utilized by patrons of restaurant. This leaves a

shortfall of one space. There is ample on-street parking capacity on Glen Street to make up this

shortfall. It is not expected that this would result in any unreasonable impacts to the local traffic

environment.

It is noted that the areas under the canopy of the two retained trees within the car parking area

(within the dripline) are proposed to be surrounding by hard stand, noting that the original plan

provided impervious areas under the majority of the drip line areas. As such, a condition of

consent is imposed requiring that the proposed surface in these areas must be provided as a

pervious surface (such as permeable paving or the like). Evidence of the proposed treatment is to

be provided to and approved by Council prior to issue of a construction certificate.

The two access points to the site on Glen Street shall remain the same as the approved plans, one

short term parking bay for check ins, and an access/egress point for motel guests.

Revised plans demonstrating adequate restaurant car parking plan with updated site layout will

be required as a condition of consent to be lodged prior to issue of a construction certificate.

Revised plans regarding access to the parking space allocated to unit nine are also required as a

condition of consent.

Heritage

There are no mapped heritage items on or in the vicinity of the property. The site is highly

disturbed and has been used as a pub for many years. The likelihood of any previously

undisturbed items of Aboriginal heritage being disturbed is considered to be low. A review of the

Office of Environment and Heritage Aboriginal Heritage Information Management System

confirms that there are no known Aboriginal heritage items located on or near the site.

Servicing

The site has existing service connections and these would be augmented to provide for the

additional service demands of the development.

Noise and Vibration

Approved acoustic screens will limit noise pollution to the site from both Anson Street (Mitchell

Highway) and the industrial land uses to the south.





No modifications are proposed via this application that would result in any impact to noise levels

of the site by comparison to the approved development. Existing conditions around noise

attenuation are retained.

Short term construction noise would occur however this would be of a limited duration and would

only occur during standard hours.

The Suitability of the Site s4.15(1)(c)

Physical Attributes and Hazards

The subject land is not noted to be affected by as not being flood prone nor bushfire prone land.

Development Contributions

No contributions are applicable and no voluntary planning agreement is proposed.

Any Submissions Made in Accordance with the Act s4.15(1)(d)

The development has been advertised on social media Council’s Facebook page and also

Council’s website on 10/01/19, as the Western Herald was on their annual holiday and not and via

notification on Council’s website, with submissions required by not later than the 1/2/2019. No

submissions were received.

Public Interests s4.15(1)(e)

The proposed development is unlikely to be of interest to the wider community due to the

localised nature of the impacts. More broadly, any opportunity to support local businesses should

be considered favourably, subject to the adequate consideration of relevant impacts.

Conclusion

The proposed modifications are substantially the same by reference to the originally approved

development consent DA 2017/0020 and satisfies the requirements of Section 4.55(2) of the EP&A

Act.

Recommendation:

That Council consider modifications to development consent DA 2017/0020 for the

Rearrangement of motel units and the associated carparks, The reallocation of a number of

carparks (delivery/staff/accessibility parking), Repurposing of two (2) units to accessible units,

Together with necessary internal alterations and additions at Lot 100 DP1231307, 71 – 73 Anson

Street Bourke, 2840 and that consent be granted subject to all conditions as listed in the

Approved Development Application.





1. DEVELOPMENT IN ACCORDANCE WITH PLANS

Objective

To ensure the development is carried out in accordance with the approved plans and

documentation.

Performance

The development shall be implemented in accordance with the approved plans (Ref No DA

2017/0020/02) and supporting documents set out in the following table, subject to the

conditions below, except where modified by any conditions of development consent.

Plan Title / Supporting

Document

Reference / Version Prepared By Dated

Plans CC-02

CC-03(C)

CC-04

CC-05(C)

CC-06

CC-07(C)

CC-08

CC-12(D)

CC-13

CC-14

CC-15

17-03-11(A)

Frank Takos &

Associates

Oct. 2017

Feb.2018

Oct. 2017

Feb. 2018

Oct. 2017

Feb. 2018

Oct. 2017

Nov.2018

Oct. 2017

Oct. 2017

Oct. 2017

June 2017

Statement of

Environmental Effects

11/2018 GM Planning Services November 2018

Additional Information Additional

Information Letter

GM Planning Services 12 June 2017

BASIX A280048 GAT & Associates 10 May 2017

Section 4.55(2) Report 4.55(2) GM Planning Services November 2018

NOTE: Any alterations to the approved development application plans must be clearly

identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE and must be not

inconsistent with the approved drawings.

The Principal Certifying Authority for the project may request an application for modification of

this consent or a new application in the event that changes to the approved plans are

subsequently made. An application to modify the development consent under s4.55 of the

Environmental Planning and Assessment Act, 1979, as amended and will be subject to a

separate fee.





2. COMPLIANCE WITH BUILDING CODE OF AUSTRALIA

Objective

The condition is prescribed under Clause 98 of the Environmental Planning and Assessment

Regulation 2000.

Performance

That the work must be carried out in accordance with the requirements of the National

Construction Code, in force at the time of construction certificate issue.

3. ERECTION OF SIGNS

Objective

The condition is prescribed under Clause 98A of the Environmental Planning and Assessment

Regulation 2000.

Performance

A sign must be erected in a prominent position on any site on which building work, is being

carried out:

(a) Showing the name, address and telephone number of the principal certifying authority

for the work, and

(b) Showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and

(c) Stating that unauthorised entry to the work site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work

is being carried out, but must be removed when the work has been completed.

4. ADVERTISING SIGNS

Objective

To ensure that any advertising sign complies with the requirements of Bourke Local

Environmental Plan 2012.

Performance

No approval for advertising signs is given by this consent and a separate application is to be

made and Council's approval obtained prior to the erection of any signs

CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE





5. CONSTRUCTION CERTIFICATE

Objective

To ensure compliance with the National Construction Code

Performance

A construction certificate application is to be submitted to, and issued by, Council or an

accredited certifier prior to any building works being carried out on site. Nothing in this consent

precludes the staging of construction via multiple construction certificates.

6. SECTION 68 LOCAL GOVERNMENT ACT 1993 APPROVALS

Objective

To ensure compliance with Local Government Act 1993

Performance

Prior to the issue of a Construction Certificate, an application under section 68 of the Local

Government Act 1993 shall be made to, and issued by, Bourke Shire Council, for the following

approvals:

Plumbing, drainage and stormwater drainage

7. APPOINTMENT OF PRINCIPAL CERTIFYING AUTHORITY

Objective

To ensure compliance with s6.6 of the Environmental Planning and Assessment Act 1979 as

amended.

Performance

No work shall commence in connection with this Development Consent until:

(a) A Construction certificate for the building work has been issued by:

(i) the consent authority; or

(ii) an accredited certifier; and

(b) the person having the benefit of the development consent has:

(i) appointed a principal certifying authority for the building work, and

(ii) notified the principal certifying authority that the person will carry out the building

work as an owner-builder, if that is the case, and

(b1) the principal certifying authority has, no later than 2 days before the building work

commences:

(i) notified the Council of his or her appointment, and

(ii) notified the person having the benefit of the development consent of any critical

stage inspections and other inspections that are to be carried out in respect of

the building work, and





(b2) the person having the benefit of the development consent, if not carrying out the work

as an owner builder, has:

(i) appointed a principal contractor for the building work who must be the holder

of a contractor licence if any residential building work is involved, and

(ii) notified the principal certifying authority of such appointment, and

(iii) unless that person is the principal contractor, notified the principal contractor of

any critical stage inspections and other inspections that are to be carried out in

respect of the building work, and

(c) the person having the person having the benefit of the development consent has given

at least 2 days’ notice to the Council of the person's intention to commence the erection

of the building.

8. ACCESS/EGRESS FOR PEOPLE WITH DISABILITIES

Objective

To ensure safe, equitable and dignified access and egress for people with disabilities.

Performance

Access for people with disabilities shall be provided in accordance with the requirements of the

Building Code of Australia, relevant Australian Standards and with regard to the Disability

Discrimination Act 1992. Prior to the issue of a Construction Certificate, plans are to be

forwarded to Council demonstrating compliance.

9. FACILITIES FOR PEOPLE WITH DISABILITIES

Objective

To provide accessible facilities for people with disabilities

Performance

Plans and details of the disabled toilet/s shall comply with the relevant Australian

Standards, the Building Code of Australia and with regard to the Disability Discrimination Act

1992. Prior to the issue of a Construction Certificate, plans are to be forwarded to Council

demonstrating compliance.

10. PARKING FACILITIES FOR PEOPLE WITH DISABILITIES

Objective

To provide accessible parking facilities for People with Disabilities.

Performance

Plans and details of the disabled parking shall comply with the relevant Australian

Standards, the Building Code of Australia and with regard to the Disability Discrimination Act

1992. Prior to the issue of a Construction Certificate, plans are to be forwarded to Council shall

demonstrating compliance.





11. TRADE WASTE

Objective

To ensure compliance with Council policies

Performance

Prior to the issue of a construction certificate in relation to the restaurant element of the

proposed development, a Liquid Trade Waste Application is to be submitted to Bourke Shire

Council. The application is to be in accordance with Bourke Shire Council’s applicable policies.

Engineering plans submitted as part of the application to show details of all proposed liquid

trade waste pre-treatment systems and their connection to sewer.

Where applicable, the application is to enter into a Liquid Trade Waste Agreement with Bourke

Shire Council in accordance with Council policy.

SWIMMING POOL

12. FENCING

Objective

To reduce the risk of young children accidentally drowning.

Performance

All pool fencing must comply with the requirements of the Swimming Pool Act 1992 and meet

the current relevant Australian Standard.

POOL SIGNAGE

Objective

To reduce the risk of young children accidentally drowning and provide information on

resuscitation techniques.

Performance

A notice containing the words “Young Children should be Supervised when using this Swimming

Pool” together with details of current resuscitation techniques must be displayed in a prominent

position in the immediate vicinity of the pool.

13. POOL WASTE WATER

Objective

To comply with the Building Code of Australia and control the disposal of waste water

Performance

Discharge and/or overflow pipe from the swimming pool and filtration unit is to be discharged

into the Council sewer.





The backwash discharge shall be connected to the town sewerage system, via an underground

PVC line to the overflow relief gully. At the gully, it is to rise up and drop into the gully, with a

maximum 50mm air gap (disconnector), to prevent the possibility of a surcharging sewer

entering the backwash line.

14. REGISTRATION OF SWIMMING POOL

Objective

To ensure compliance with Cl 30B of the Swimming Pools Act 1992

Performance

The owner of the swimming pool must ensure the pool is registered on the NSW Swimming

Pool Register. A copy of the registration certificate is to be forwarded to Council at the time of

application for an occupation certificate.

CONDITIONS TO BE SATISFIED PRIOR TO THE COMMENCEMENT OF WORK

15. NOTICE OF COMMENCMENT

Objective

Statutory requirement

Performance

No work shall commence until a notice of commencement (form will be attached with issue of a

Construction Certificate) giving Council:

(a) Not less than two (2) days’ notice of the date on which it is proposed to commence work

associated with this Development Consent;

(b) Details of the appointment of a Principal Certifying Authority (either Bourke Shire Council

or another Accredited Certifier)

(c) Details of the name, address and licence details of the Builder.

16. DEVELOPER TO ADVISE OF DAMAGE TO COUNCIL PROPERTY

Objective

To ensure the safety of the public

Performance

The developer must advise Council of any damage to property controlled by Council which

adjoins the site including kerbs, gutters, footpaths, walkways, reserves and the like, prior to

commencement of any work on the site (dilapidation report). Failure to identify existing

damage will result in all damage detected after completion of the building work being repaired

at the Developer’s expense.





The construction supervisor is responsible to ensure that all contractors, sub-contractors, and

delivery trucks use a designated access point to prevent damage to Council's property. Repairs

to damaged grass verges, concrete footpath, kerb and gutter are to be carried out by the

contractor/builder to Council's specification and supervision prior to occupation of the

development.

17a. PARKING

Objective

To ensure the safe use of the site and appropriate manoeuvring areas are provided.

Performance

The proposed parking space adjacent to Unit 9 is either to be deleted or a revised site plan

provided demonstrating the usability of this parking space, such as through provision of

Autotrack plans or similar. The adjacent tree (to the south) is to be protected. The plan is to be

supplied to and approved by Council prior to issue of the construction certificate.

17b. MANEUVERING AREA/DRIVEWAY

Objective

To ensure the protection of the retained trees

Performance

The hard stand area within the drip line of the two retained trees in the car parking area is to be

replaced with a hard wearing, porous surface (ie permeable paving) to allow water infiltration

into these areas and ensure the ongoing protection of the trees. The proposed surface

treatment including its method of installation is to be provided to and approved by Council

prior to issue of a construction certificate. The approved surface is to be installed and

maintained in perpetuity.

CONDITIONS TO BE SATISFIED DURING THE CONSTRUCTION PHASE

17. APPROVED PLANS

Objective

To ensure works occur in accordance with the approval.

Performance

A complete set of approved plans and specifications are to be on site while building work is in

progress.





18. UNEXPECTED FINDS PROTOCOL

Objective

To ensure that Aboriginal sites and artefacts are protected. Section 4.15 of the Environmental

Planning and Assessment Act 1979, as amended.

Performance

If any Aboriginal object is discovered and/or harmed in, on or under the land, the proponent

must not further harm the Aboriginal object, immediately cease all work at the particular

location, secure the area so as to avoid further harm to the Aboriginal object, notify the OEH as

soon as practicable on 131 555, providing any details of the Aboriginal object and its location,

and not recommence any work at the particular location unless authorised in writing by OEH.

19. EXCAVATIONS AND BACKFILLING

Objective

To ensure the safety of life and property

Performance

All excavations and backfilling associated with the erection or demolition of a building shall be

executed safely and in accordance with appropriate professional standards properly guarded

and protected to prevent them from being dangerous to life or property.

20. SOIL EROSION

Objective

To prevent soil erosion during the course of development.

Performance

An erosion and sediment control plan is to be prepared and provided to Council prior to the

carry out of earthworks at the site, including topsoil clearing and installation of the swimming

pool. Such erosion and sediment control plan should be prepared in accordance with the

requirements of the Blue Book, Landcom, 2004.

21. USE OF FOOTPATHS

Objective

To permit access over public places.

Performance

a) The storage of materials or the placement of sheds is not permitted on footpaths,

roadways or in reserves. Rubbish and building materials must be contained on the site.

b) No material, goods or machinery shall be stored, placed or otherwise permitted to stand

between the building line and the street alignment.





22. NOISE - CONSTRUCTION

Objective

To limit the impact of noise on adjoining properties during the construction period.

Performance

Building work may only be carried out on the site between the following hours:

7.00am and 7.00pm Monday to Friday

7.00am and 5.00pm Saturdays

8.00am and 5.00pm Sundays and Public Holidays

* This includes site works and delivery of materials. Work outside of the above hours may only

occur with the written authorization of Council’s General Manager.

23. WASTE CONTAINER

Objective

To limit waste affecting the environment during construction.

Performance

All building rubbish and debris, including that which can be windblown, shall be contained on

site in a suitable container for disposal at an approved Waste Landfill Depot. The container shall

be erected on the building site prior to work commencing and shall be maintained for the term

of the construction to the completion of the project.

24. ON SITE FACILITIES

Objective

To adequately provide for construction workers.

Performance

A suitable on-site toilet is to be provided on site and must remain throughout the project or

until an alternative facility meeting Council's requirements is available on-site. This may be via a

temporary toilet facility or through available access to existing facilities.

25. HOARDING

Objective

To ensure compliance with the requirements of the Roads Act 1993

Performance

Separate approval shall be obtained from Council (under the Roads Act) if it is proposed to

erect a hoarding upon Council's footpath.





26. DEMOLITION

Objective

To adequately protect the environment and amenity of the surrounding area, and the safety of

nearby residents.

Performance

Building demolition is to be carried out in accordance with Australian Standard 2601:2001 – The

Demolition of Structures and the requirements of the NSW WorkCover Authority.

27. ASBESTOS REMOVAL

Objective

To ensure removal is undertaken in a manner that limits impact on Public Health and the

Environment.

Performance

Removal of bonded asbestos sheeting greater than 10 square metres must be performed by a

licensed person accredited by NSW WorkCover and is to be undertaken in accordance with

Code of Practice for safe removal of Asbestos 2nd Edition (NOHSC:2002(2005)).

28. UTILITY INFRASTRUCTURE

Objective

To ensure that utility infrastructure is adequately protected.

Performance

All infrastructure installed on site is to be clear of existing below ground utility infrastructure. Any

adjustments to existing utility services that are made necessary by this development proceeding

are to be at the full cost of the developer.

29. MANEUVERING AREAS/DRIVEWAYS

Objective

To ensure that the site is controlled and dust creation minimised.

Performance

All driveways, wearing areas and maneuvering spaces are to be sealed with an appropriate hard

wearing treatment option in accordance with the requirements of Council’s Engineering

Department and must be provided in accordance with Australian Standard AS2890.0 Parking

Facilities.





CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF AN INTERIM OR FINAL OCCUPATION

CERTIFICATE

30. COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

To ensure the development proceeds in the manner as determined by Council.

Performance

All conditions of this consent are to be complied with to the standards specified prior to any

occupation. This condition does not limit the gaining of separate construction certificates and

the completion of the work via separate phases.

31. OCCUPATION CERTIFICATE

Objective

To ensure compliance with the Environmental Planning & Assessment Act 1979.

Performance

The development will require an Occupation Certificate PRIOR to use of the portion of the

development addressed by each construction certificate. This condition does not limit the

gaining of separate construction certificates and the completion of the work via separate

phases.

32. BASIX CERTIFICATE

Objective

To ensure the dwelling is constructed in the approved manner.

Performance

All the required commitments shown on the BASIX Certificate (Number A280048) and approved

plans are to be completed PRIOR to a Final Occupation Certificate being issued.

33. FIRE SAFETY CERTIFICATE

Objective

To ensure the safety of the building

Performance

A final Fire Safety Certificate shall be obtained in accordance with Part 9, Division 4 of the

Environmental Planning and Assessment (Amendment) Regulation 2000, prior to the issue of the

Interim or Final Occupation Certificate for the building.

A copy of the Fire Safety Certificate and Fire Safety Schedule shall be:

Forwarded to Bourke Shire Council;

Forwarded to the Commissioner of the New South Wales Fire Brigade; and

Prominently displayed in the building.





34. PARKING MANAGEMENT PLAN

Objective

To ensure the safe use of the site during the initial phase of the development

Performance

Prior to issue of an occupation certificate in relation to the restaurant element of the

development, the applicant is to supply a parking management plan which sets down the

means by which on-site parking would be managed during the motel construction to ensure the

safety of patrons of the restaurant. Such plan is to be approved by Council prior to the issue of

the occupation certificate and the applicant is to ensure compliance with the approved plan at

all times.

35. ACOUSTIC SHIELDING

Objective

To protect the amenity of future guests.

Performance

The acoustic shield referred to in the Statement of Environmental Effects located to the south of

approved motel unit 16 is to be installed prior to the issue of an occupation certificate. A

suitable acoustic shield shall also be installed to completely enclose the pool pump to limit noise

transfer to motel units. Both shields shall be maintained in perpetuity.

36. LANDSCAPING

Objective

To ensure that the site is appropriately landscaped and maintained.

Performance

Landscaping to be installed on site is to comprise low maintenance, drought and frost tolerant

species. Edging is to be provided to retain mulch and protect the landscaping from damage

from vehicles. Landscaping and edging is to be installed to the satisfaction of the certifying

authority prior to the issue of an occupation certificate relating to the motel component of the

development and maintained in perpetuity by the applicant or operator.

CONDITIONS TO BE SATISFIED DURING THE OPERATION AND USE OF THE DEVELOPMENT

37. USE NOT TO COMMENCE

Objective

To ensure that the use of the site is lawful

Performance

The approved use shall not commence until the proposed development has been completed in

accordance with this consent and issue of any other Council approvals which may be required.





38. HOURS OF OPERATION

Objective

To ensure that the amenity of the surrounding area is not compromised as a result of the

operation of the development.

Performance

The approved hours of operation in relation to the sale of food from the restaurant are

DAY SERVICE HOURS

Monday to Sunday

(including Public

Holidays)

Breakfast 7.00am-10.00am

Lunch 12.00pm – 2.00pm

Dinner 6.30pm – 11.00pm

Note: Any variation to these hours will require Council consent via the lodgement of an

application under Section 4.55 of the Environmental Planning and Assessment Act 1979.

39A. HOURS OF OPERATION

Objective

To ensure that the amenity of the surrounding area is not compromised as a result of the

operation of the development.

Performance

The approved hours of operation for the sale of alcohol from the premises are:

10am – 10pm, Monday – Sunday, including public holidays.

Note: Any variation to these hours will require Council consent via the lodgement of an

application under Section 4.55 of the Environmental Planning and Assessment

Act 1979.

39. NOISE – OPERATIONAL

Objective

To limit the impact of noise from nearby industrial land on residents of the approved motel.

Performance

Noise levels at the most affected point of the site within 30 metres of the proposed motel units

must satisfy the acceptable night time noise level as per Table 2.1 of the INP for the urban-

industrial interface, being 50 dbA.





40. LIQUOR LICENSING

Objective

To protect the amenity of the area.

Performance

The approved restaurant is not to offer alcohol for sale without first gaining a liquor license from

the NSW Department of Industry, Liquor and Gaming NSW.

41. VEHICLE SPEED LIMITS

Objective

To ensure the safety of patrons and the general public.

Performance

A sign is to be installed within the site limiting internal speed limits to not more than 10km/hour.

A give-way sign is to be erected at the property boundary and is to be clearly visible to traffic

departing the site on to Glen Street.

42. LIGHTING

Objective

To ensure that external lighting, if installed, is adequate and light spill to adjoining properties is

minimized.

Performance

Any lighting provided must be designed, installed and maintained to ensure compliance with

Australian Standard AS4282 Control of Obtrusive Effects of Outdoor Lighting.

43. ANNUAL FIRE SAFETY STATEMENT

Objective

To ensure compliance with fire safety requirements

Performance

Each year, the owner of a building to which an essential fire safety measure is applicable shall

cause the Council to be given an annual fire safety statement for the building. Such a fire safety

statement:

(a) shall deal with each essential fire safety measure in the building premises; and

(b) shall be given within twelve months after the last such statement was given, or it no such

statement was given, within twelve months after a final fire safety certificate was first issued

for the building.

As soon as practicable after a final fire safety certificate is issued, the owner of the building to

which it relates:-





(a) shall cause a copy of the certificate (together with a copy of the current fire safety

schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(b) shall cause a further copy of the certificate (together with a copy of the current fire safety

schedule) to be permanently displayed in the building.





GENERAL MANAGERS REPORT

Background:

As per requirements by NSW Office of Local Government a workshop was held on Monday 11th

March 2019 to review the Model Code of Meeting Practice 2018 as provided by the NSW Office

of Local Government.

Councillors in attendance at the workshop included; Cr Barry Hollman, Cr Robert Stutsel, Cr

Victor Bartley, Cr Lachlan Ford, Cr Cec Dorrington, Cr Sarah Barton.

Staff attendance at the workshop included; Dwayne Willoughby, Leonie Brown

Apologies were received and accepted by Cr Sally Davis and Mr Ross Earl (General Manager)

A Bourke Shire Council DRAFT Model Code of Meeting Practice 2019 was developed from the

workshop and is attached to this report.

The Draft Bourke Shire Council Model Code of Meeting Practice 2019 is required to be;

Placed on public display for a total of no less than 28 days (26th April 2019),

With the provision for Council to accept submissions relating to the Bourke Shire Council

DRAFT Model Code of Meeting Practice 2019 (10th May 2019)

Consideration of any submissions made (12th May – 19th May 2019)

And adoption before 16th June 2019 (27th May 2019)

Public availability of the code and advertising

During the period of public exhibition the Bourke Shire Council DRAFT Code of Meeting

Practice will be available;

In hard copy at Bourke Shire Chambers (29 Mitchell St Bourke) and Bourke Library (Mitchell

St, Bourke)

An in electronic copy on the Bourke Shire Council web page www.bourke.nsw.gov.au

Advertising of the Bourke Shire Council DRAFT Code of Meeting Practice 2019 will be

undertaken in the Western Herald, on Bourke Shire Councils webpage and via Facebook.


There are no significant financial implications for Council.

File No C 11.1, C 12, L 8.11, P 4.1

Report: 0061/2019 Bourke Shire Council DRAFT Code of Meeting Practice 2019


http://www.bourke.nsw.gov.au/





Recommendation:

1. That Council adopt the Bourke Shire Council DRAFT Code of Meeting

Practice 2019 as attached.

2. That Council place the Bourke Shire Council DRAFT Code of Meeting Practice 2019 on public

exhibition for 28 days, until the 26th April 2019 and call for public submissions relating to the

Bourke Shire Council DRAFT Code of Meeting Practice 2019 until the 10th May 2019.

3. That the public exhibition be advertised in the Western Herald, on Councils web page and

Facebook page.





MODEL CODE OF MEETING PRACTICE

BOURKE SHIRE COUNCIL

FOR LOCAL COUNCILS IN NSW

2019





Table of Contents

1 INTRODUCTION .............................................................................................................................. 58

2 MEETING PRINCIPLES .................................................................................................................... 58

3 BEFORE THE MEETING .................................................................................................................. 59

4 PUBLIC FORUMS ............................................................................................................................. 64

5 COMING TOGETHER ...................................................................................................................... 66

6 THE CHAIRPERSON ........................................................................................................................ 70

7 MODES OF ADDRESS ..................................................................................................................... 71

8 ORDER OF BUSINESS FOR ORDINARY COUNCIL MEETINGS ............................................ 72

9 CONSIDERATION OF BUSINESS AT COUNCIL MEETINGS .................................................. 72

10 RULES OF DEBATE .......................................................................................................................... 75

11 VOTING .............................................................................................................................................. 78

12 COMMITTEE OF THE WHOLE ..................................................................................................... 80

13 DEALING WITH ITEMS BY EXCEPTION ..................................................................................... 80

14 CLOSURE OF COUNCIL MEETINGS TO THE PUBLIC ............................................................. 81

15 KEEPING ORDER AT MEETINGS .................................................................................................. 85

16 CONFLICTS OF INTEREST ............................................................................................................. 89

17 DECISIONS OF THE COUNCIL ..................................................................................................... 89

18 TIME LIMITS ON COUNCIL MEETINGS ...................................................................................... 91

19 AFTER THE MEETING ..................................................................................................................... 92

20 COUNCIL COMMITTEES................................................................................................................ 93

21 IRREGULARITES ................................................................................................................................ 97

22 DEFINITIONS .................................................................................................................................... 97





1 INTRODUCTION

This Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) is

made under section 360 of the Local Government Act 1993 (the Act) and the Local Government

(General) Regulation 2005 (the Regulation).

This code applies to all meetings of Councils and committees of Councils of which all the members

are Councillors (committees of Council). Council committees whose members include persons

other than Councillors may adopt their own rules for meetings unless the Council determines

otherwise.

Councils must adopt a code of meeting practice that incorporates the mandatory provisions of

the Model Meeting Code.

A Council’s adopted code of meeting practice may also incorporate the non-mandatory

provisions of the Model Meeting Code and other supplementary provisions. However, a code of

meeting practice adopted by a Council must not contain provisions that are inconsistent with the

mandatory provisions of this Model Meeting Code.

A Council and a committee of the Council of which all the members are Councillors must conduct

its meetings in accordance with the code of meeting practice adopted by the Council.

The Model Meeting Code also applies to meetings of the boards of joint organisations and county

Councils.

In adopting the Model Meeting Code, joint organisations should adapt it to substitute the terms

“board” for “Council”, “chairperson” for “Mayor”, “voting representative” for “Councillor” and

“executive officer” for “General Manager”.

In adopting the Model Meeting Code, county Councils should adapt it to substitute the term

“chairperson” for “Mayor” and “member” for “Councillor”.

2 MEETING PRINCIPLES

2.1 Council and committee meetings should be:

Transparent: Decisions are made in a way that is open and accountable.

Informed: Decisions are made based on relevant, quality information.

Inclusive: Decisions respect the diverse needs and interests of the local community.

Principled: Decisions are informed by the principles prescribed under Chapter 3 of

the Act.

Trusted: The community has confidence that Councillors and staff act ethically and

make decisions in the interests of the whole community.





Respectful: Councillors, staff and meeting attendees treat each other with respect.

Effective: Meetings are well organised, effectively run and skilfully chaired.

Orderly: Councillors, staff and meeting attendees behave in a way that contributes

to the orderly conduct of the meeting.

3 BEFORE THE MEETING

Timing of ordinary Council meetings

3.1 Removed

Ordinary meetings of the Council will be held on the following occasions: [Council to specify the

frequency, time, date and place of its ordinary meetings]

Remove 3.1 as Councils sets the meeting time and dates

Current report details – need to take into account villages

Once Council has determined the meeting schedule an advertisement will be placed in the next

available issue of the Western Herald detailing the Meeting Dates for the Ordinary Meetings of

Council for the period October 2018 to December 2019 with their location being the Council

Chambers, 29 Mitchell Street Bourke, unless otherwise determined.

Should Council maintain the scheduled Meeting Day as the Fourth Monday of each month the

meeting schedule will be as follows;

3.2 The Council shall, by resolution, set the frequency, time, date and place of its ordinary

meetings.

Note: Councils must use either clause 3.1 or 3.2

Note: Under section 365 of the Act, Councils are required to meet at least ten (10) times

each year, each time in a different month unless the Minister for Local Government has

approved a reduction in the number of times that a Council is required to meet each

year under section 365A.

Note: Under section 396 of the Act, county Councils are required to meet at least four

(4) times each year.

Note: Under section 400T of the Act, boards of joint organisations are required to meet

at least four (4) times each year, each in a different quarter of the year.

Extraordinary meetings

3.3 If the Mayor receives a request in writing, signed by at least two (2) Councillors, the Mayor

must call an extraordinary meeting of the Council to be held as soon as practicable, but





in any event, no more than fourteen (14) days after receipt of the request. The Mayor can

be one of the two Councillors requesting the meeting.

Note: Clause 3.3 reflects section 366 of the Act.

Notice to the public of Council meetings

3.4 The Council must give notice to the public of the time, date and place of each of its

meetings, including extraordinary meetings and of each meeting of committees of the

Council.

Note: Clause 3.4 reflects section 9(1) of the Act.

3.5 For the purposes of clause 3.4, notice of a meeting of the Council and of a committee of

Council is to be published before the meeting takes place. The notice must be published

on the Council’s website, and in such other manner that the Council is satisfied is likely

to bring notice of the meeting to the attention of as many people as possible.

3.6 For the purposes of clause 3.4, notice of more than one (1) meeting may be given in the

same notice.

Notice to Councillors of ordinary Council meetings

3.7 The General Manager must send to each Councillor, at least three (3) days before each

meeting of the Council, a notice specifying the time, date and place at which the meeting

is to be held, and the business proposed to be considered at the meeting.


3.8 The notice and the agenda for, and the business papers relating to, the meeting may be

given to Councillors in electronic form, but only if all Councillors have facilities to access

the notice, agenda and business papers in that form.


Notice to Councillors of extraordinary meetings

3.9 Notice of less than three (3) days may be given to Councillors of an extraordinary meeting

of the Council in cases of emergency.


Giving notice of business to be considered at Council meetings

3.10 A Councillor may give notice of any business they wish to be considered by the Council

at its next ordinary meeting by way of a notice of motion. To be included on the agenda

of the meeting, the notice of motion must be in writing and must be submitted four (4)





full [Council to specify notice period required] business days before the meeting is to be

held.

3.11 A Councillor may, in writing to the General Manager, request the withdrawal of a notice

of motion submitted by them prior to its inclusion in the agenda and business paper for

the meeting at which it is to be considered.

3.12 If the General Manager considers that a notice of motion submitted by a Councillor for

consideration at an ordinary meeting of the Council has legal, strategic, financial or policy

implications which should be taken into consideration by the meeting, the General

Manager may prepare a report in relation to the notice of motion for inclusion with the

business papers for the meeting at which the notice of motion is to be considered by the

Council.

3.13 A notice of motion for the expenditure of funds on works and/or services other than

those already provided for in the Council’s current adopted operational plan must

identify the source of funding for the expenditure that is the subject of the notice of

motion. If the notice of motion does not identify a funding source, the General Manager

must either:

(a) prepare a report on the availability of funds for implementing the motion if adopted

for inclusion in the business papers for the meeting at which the notice of motion

is to be considered by the Council, or

(b) by written notice sent to all Councillors with the business papers for the meeting

for which the notice of motion has been submitted, defer consideration of the

matter by the Council to such a date specified in the notice, pending the

preparation of such a report.

Questions with notice

3.14 A Councillor may, by way of a notice submitted under clause 3.10, ask a question for

response by the General Manager about the performance or operations of the Council.

3.15 A Councillor is not permitted to ask a question with notice under clause 3.14 that

comprises a complaint against the General Manager or a member of staff of the Council,

or a question that implies wrongdoing by the General Manager or a member of staff of

the Council.

3.16 The General Manager or their nominee may respond to a question with notice submitted

under clause 3.14 by way of a report included in the business papers for the relevant

meeting of the Council or orally at the meeting.

Agenda and business papers for ordinary meetings

3.17 The General Manager must cause the agenda for a meeting of the Council or a

committee of the Council to be prepared as soon as practicable before the meeting.





3.18 The General Manager must ensure that the agenda for an ordinary meeting of the

Council states:

(a) all matters to be dealt with arising out of the proceedings of previous meetings of

the Council, and

(b) if the Mayor is the chairperson – any matter or topic that the chairperson proposes,

at the time when the agenda is prepared, to put to the meeting, and

(c) all matters, including matters that are the subject of staff reports and reports of

committees, to be considered at the meeting, and

(d) any business of which due notice has been given under clause 3.10.

3.19 Nothing in clause 3.18 limits the powers of the Mayor to put a Mayoral minute to a

meeting under clause 9.6.

3.20 The General Manager must not include in the agenda for a meeting of the Council any

business of which due notice has been given if, in the opinion of the General Manager,

the business is, or the implementation of the business would be, unlawful. The General

Manager must report, without giving details of the item of business, any such exclusion

to the next meeting of the Council.

3.21 Where the agenda includes the receipt of information or discussion of other matters that,

in the opinion of the General Manager, is likely to take place when the meeting is closed

to the public, the General Manager must ensure that the agenda of the meeting:

(a) identifies the relevant item of business and indicates that it is of such a nature

(without disclosing details of the information to be considered when the meeting

is closed to the public), and

(b) states the grounds under section 10A(2) of the Act relevant to the item of business.

Note: Clause 3.21 reflects section 9(2A)(a) of the Act.

3.22 The General Manager must ensure that the details of any item of business which, in the

opinion of the General Manager, is likely to be considered when the meeting is closed to

the public, are included in a business paper provided to Councillors for the meeting

concerned. Such details must not be included in the business papers made available to

the public, and must not be disclosed by a Councillor or by any other person to another

person who is not authorised to have that information.

Availability of the agenda and business papers to the public

3.23 Copies of the agenda and the associated business papers, such as correspondence and

reports for meetings of the Council and committees of Council, are to be published on

the Council’s website, and must be made available to the public for inspection, or for

taking away by any person free of charge at the offices of the Council, at the relevant

meeting and at such other venues determined by the Council.

Note: Clause 3.23 reflects section 9(2) and (4) of the Act.





3.24 Clause 3.23 does not apply to the business papers for items of business that the General

Manager has identified under clause 3.21 as being likely to be considered when the

meeting is closed to the public.

Note: Clause 3.24 reflects section 9(2A)(b) of the Act.

3.25 For the purposes of clause 3.23, copies of agendas and business papers must be

published on the Council’s website and made available to the public at a time that is as

close as possible to the time they are available to Councillors.


3.26 A copy of an agenda, or of an associated business paper made available under clause

3.23, may in addition be given or made available in electronic form.


Agenda and business papers for extraordinary meetings

3.27 The General Manager must ensure that the agenda for an extraordinary meeting of the

Council deals only with the matters stated in the notice of the meeting.

3.28 Despite clause 3.27, business may be considered at an extraordinary meeting of the

Council, even though due notice of the business has not been given, if:

(a) a motion is passed to have the business considered at the meeting, and

(b) the business to be considered is ruled by the chairperson to be of great urgency

on the grounds that it requires a decision by the Council before the next scheduled

ordinary meeting of the Council.

3.29 A motion moved under clause 3.28(a) can be moved without notice but only after the

business notified in the agenda for the extraordinary meeting has been dealt with.

3.30 Despite clauses 10.20–10.30, only the mover of a motion moved under clause 3.28(a) can

speak to the motion before it is put.

3.31 A motion of dissent cannot be moved against a ruling of the chairperson under clause

3.28(b) on whether a matter is of great urgency.

Pre-meeting briefing sessions

3.32 Prior to each ordinary meeting of the Council, the General Manager may arrange a pre-

meeting briefing session to brief Councillors on business to be considered at the meeting.

Pre-meeting briefing sessions may also be held for extraordinary meetings of the Council

and meetings of committees of the Council.

3.33 Pre-meeting briefing sessions are to be held in the absence of the public.





3.34 The General Manager or a member of staff nominated by the General Manager is to

preside at pre-meeting briefing sessions.

3.36 Councillors must not use pre-meeting briefing sessions to debate or make preliminary

decisions on items of business they are being briefed on, and any debate and decision-

making must be left to the formal Council or committee meeting at which the item of

business is to be considered.

3.37 Councillors (including the Mayor) must declare and manage any conflicts of interest they

may have in relation to any item of business that is the subject of a briefing at a pre-

meeting briefing session, in the same way that they are required to do so at a Council or

committee meeting. The Council is to maintain a written record of all conflict of interest

declarations made at pre-meeting briefing sessions and how the conflict of interest was

managed by the Councillor who made the declaration.

4 PUBLIC FORUMS

4.1 The Council may hold a public forum prior to each ordinary meeting of the Council for

the purpose of hearing oral submissions from members of the public on items of business

to be considered at the meeting. Public forums may also be held prior to extraordinary

Council meetings and meetings of committees of the Council.

4.2 Public forums are to be chaired by the Mayor or their nominee.

4.3 To speak at a public forum, a person must first make an application to the Council in the

approved form. Applications to speak at the public forum must be received by 4pm on

the Friday before the meeting [date and time to be specified by the Council] before the

date on which the public forum is to be held, and must identify the item of business on

the agenda of the Council meeting the person wishes to speak on, and whether they

wish to speak ‘for’ or ‘against’ the item.

4.4 A person may apply to speak on no more than two (2) [number to be specified by the

Council] items of business on the agenda of the Council meeting.

4.5 Legal representatives acting on behalf of others are not to be permitted to speak at a

public forum unless they identify their status as a legal representative when applying to

speak at the public forum.

4.6 The General Manager or their delegate may refuse an application to speak at a public

forum. The General Manager or their delegate must give reasons in writing for a decision

to refuse an application.

4.7 No more than three (3) [number to be specified by the Council] speakers are to be

permitted to speak ‘for’ or ‘against’ each item of business on the agenda for the Council

meeting.





4.8 If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item

of business, the General Manager or their delegate may request the speakers to nominate

from among themselves the persons who are to address the Council on the item of

business. If the speakers are not able to agree on whom to nominate to address the

Council, the General Manager or their delegate is to determine who will address the

Council at the public forum.

4.9 If more than the permitted number of speakers apply to speak ‘for’ or ‘against’ any item

of business, the General Manager or their delegate may, in consultation with the Mayor

or the Mayor’s nominated chairperson, increase the number of speakers permitted to

speak on an item of business, where they are satisfied that it is necessary to do so to

allow the Council to hear a fuller range of views on the relevant item of business.

4.10 Approved speakers at the public forum are to register with the Council any written, visual

or audio material to be presented in support of their address to the Council at the public

forum, and to identify any equipment needs no more than three (3) [number to be

specified by the Council] days before the public forum. The General Manager or their

delegate may refuse to allow such material to be presented.

4.11 The General Manager or their delegate is to determine the order of speakers at the public

forum.

4.12 Each speaker will be allowed five (5) [number to be specified by the Council] minutes to

address the Council. This time is to be strictly enforced by the chairperson.

4.13 Speakers at public forums must not digress from the item on the agenda of the Council

meeting they have applied to address the Council on. If a speaker digresses to irrelevant

matters, the chairperson is to direct the speaker not to do so. If a speaker fails to observe

a direction from the chairperson, the speaker will not be further heard.

4.14 A Councillor (including the chairperson) may, through the chairperson, ask questions of

a speaker following their address at a public forum. Questions put to a speaker must be

direct, succinct and without argument.

4.15 Speakers are under no obligation to answer a question put under clause 4.14. Answers

by the speaker, to each question are to be limited to five (5) [number to be specified by

the Council] minutes.

4.16 Speakers at public forums cannot ask questions of the Council, Councillors or Council

staff.

4.17 The General Manager or their nominee may, with the concurrence of the chairperson,

address the Council for up to five (5) [number to be specified by the Council] minutes in

response to an address to the Council at a public forum after the address and any

subsequent questions and answers have been finalised.





4.18 Where an address made at a public forum raises matters that require further

consideration by Council staff, the General Manager may recommend that the Council

defer consideration of the matter pending the preparation of a further report on the

matters.

4.19 When addressing the Council, speakers at public forums must comply with this code and

all other relevant Council codes, policies and procedures. Speakers must refrain from

engaging in disorderly conduct, publicly alleging breaches of the Council’s code of

conduct or making other potentially defamatory statements.

4.20 If the chairperson considers that a speaker at a public forum has engaged in conduct of

the type referred to in clause 4.19, the chairperson may request the person to refrain

from the inappropriate behaviour and to withdraw and unreservedly apologise for any

inappropriate comments. Where the speaker fails to comply with the chairperson’s

request, the chairperson may immediately require the person to stop speaking.

4.21 Clause 4.20 does not limit the ability of the chairperson to deal with disorderly conduct

by speakers at public forums in accordance with the provisions of Part 15 of this code.

4.22 Where a speaker engages in conduct of the type referred to in clause 4.19, the General

Manager or their delegate may refuse further applications from that person to speak at

public forums for such a period as the General Manager or their delegate considers

appropriate.

4.23 Councillors (including the Mayor) must declare and manage any conflicts of interest they

may have in relation to any item of business that is the subject of an address at a public

forum, in the same way that they are required to do so at a Council or committee

meeting. The Council is to maintain a written record of all conflict of interest declarations

made at public forums and how the conflict of interest was managed by the Councillor

who made the declaration.

Note: Public forums should not be held as part of a Council or committee meeting.

Council or committee meetings should be reserved for decision-making by the Council

or committee of Council. Where a public forum is held as part of a Council or committee

meeting, it must be conducted in accordance with the other requirements of this code

relating to the conduct of Council and committee meetings.

5 COMING TOGETHER

Attendance by Councillors at meetings

5.1 All Councillors must make reasonable efforts to attend meetings of the Council and of

committees of the Council of which they are members.





Note: A Councillor may not attend a meeting as a Councillor (other than the first meeting

of the Council after the Councillor is elected or a meeting at which the Councillor takes

an oath or makes an affirmation of office) until they have taken an oath or made an

affirmation of office in the form prescribed under section 233A of the Act.

5.2 A Councillor cannot participate in a meeting of the Council or of a committee of the

Council unless personally present at the meeting.

5.3 Removed (relevant for JO’s only)

The board of the joint organisation may, if it thinks fit, transact any of its business at a

meeting at which representatives (or some representatives) participate by telephone or

other electronic means, but only if any representative who speaks on a matter before the

meeting can be heard by the other representatives. For the purposes of a meeting held

in accordance with this clause, the chairperson and each other voting representative on

the board have the same voting rights as they have at an ordinary meeting of the board.

Note: Clause 5.3 reflects clause 397G of the Regulation. Joint organisations may adopt

clause 5.3 and omit clause 5.2. Councils must not adopt clause 5.3.

5.4 Where a Councillor is unable to attend one or more ordinary meetings of the Council,

the Councillor should request that the Council grant them a leave of absence from those

meetings. This clause does not prevent a Councillor from making an apology if they are

unable to attend a meeting. However the acceptance of such an apology does not

constitute the granting of a leave of absence for the purposes of this code and the Act.

5.5 A Councillor’s request for leave of absence from Council meetings should, if practicable,

identify (by date) the meetings from which the Councillor intends to be absent and the

grounds upon which the leave of absence is being sought.

5.6 The Council must act reasonably when considering whether to grant a Councillor’s

request for a leave of absence.

5.7 A Councillor’s civic office will become vacant if the Councillor is absent from three (3)

consecutive ordinary meetings of the Council without prior leave of the Council, or leave

granted by the Council at any of the meetings concerned, unless the holder is absent

because they have been suspended from office under the Act, or because the Council

has been suspended under the Act, or as a consequence of a compliance order under

section 438HA.

Note: Clause 5.7 reflects section 234(1)(d) of the Act.

5.8 A Councillor who intends to attend a meeting of the Council despite having been granted

a leave of absence should, if practicable, give the General Manager at least two (2) days’

notice of their intention to attend.





The quorum for a meeting

5.9 The quorum for a meeting of the Council is a majority of the Councillors of the Council

who hold office at that time and are not suspended from office.


5.10 Clause 5.9 does not apply if the quorum is required to be determined in accordance with

directions of the Minister in a performance improvement order issued in respect of the

Council.


5.11 A meeting of the Council must be adjourned if a quorum is not present:

(a) at the commencement of the meeting where the number of apologies received for

the meeting indicates that there will not be a quorum for the meeting, or

(b) within half an hour after the time designated for the holding of the meeting, or

(c) at any time during the meeting.

5.12 In either case, the meeting must be adjourned to a time, date and place fixed:

(a) by the chairperson, or

(b) in the chairperson’s absence, by the majority of the Councillors present, or

(c) failing that, by the General Manager.

5.13 The General Manager must record in the Council's minutes the circumstances relating to

the absence of a quorum (including the reasons for the absence of a quorum) at or

arising during a meeting of the Council, together with the names of the Councillors

present.

5.14 Where, prior to the commencement of a meeting, it becomes apparent that a quorum

may not be present at the meeting, or that the safety and welfare of Councillors, Council

staff and members of the public may be put at risk by attending the meeting because of

a natural disaster (such as, but not limited to flood or bushfire), the Mayor may, in

consultation with the General Manager and, as far as is practicable, with each Councillor,

cancel the meeting. Where a meeting is cancelled, notice of the cancellation must be

published on the Council’s website and in such other manner that the Council is satisfied

is likely to bring notice of the cancellation to the attention of as many people as possible.

5.15 Where a meeting is cancelled under clause 5.14, the business to be considered at the

meeting may instead be considered, where practicable, at the next ordinary meeting of

the Council or at an extraordinary meeting called under clause 3.3.





Entitlement of the public to attend Council meetings

5.16 Everyone is entitled to attend a meeting of the Council and committees of the Council.

The Council must ensure that all meetings of the Council and committees of the Council

are open to the public.


5.17 Clause 5.16 does not apply to parts of meetings that have been closed to the public under

section 10A of the Act.

5.18 A person (whether a Councillor or another person) is not entitled to be present at a

meeting of the Council or a committee of the Council if expelled from the meeting:

(a) by a resolution of the meeting, or

(b) by the person presiding at the meeting if the Council has, by resolution, authorised

the person presiding to exercise the power of expulsion.


Note: If adopted, clauses 15.14 and 15.15 confer a standing authorisation on all

chairpersons of meetings of the Council and committees of the Council to expel persons

from meetings. If adopted, clause 15.14 authorises chairpersons to expel any person,

including a Councillor, from a Council or committee meeting. Alternatively, if adopted,

clause 15.15 authorises chairpersons to expel persons other than Councillors from a

Council or committee meeting.

Webcasting of meetings

5.19 All meetings of the Council and committees of the Council are to be webcast on the

Council’s website.

Note: Councils will be required to webcast meetings from 14 December 2019. Councils

that do not currently webcast meetings should take steps to ensure that meetings are

webcast by 14 December 2019.

Note: Councils must include supplementary provisions in their adopted codes of meeting

practice that specify whether meetings are to be livestreamed or recordings of meetings

uploaded on the Council’s website at a later time. The supplementary provisions must

also specify whether the webcast is to comprise of an audio visual recording of the

meeting or an audio recording of the meeting.

Note: Joint organisations are not required to webcast meetings but may choose to do so

by adopting clauses 5.19–5.22. Joint organisations that choose not to webcast meetings

may omit clauses 5.19–5.22.





5.20 Clause 5.19 does not apply to parts of a meeting that have been closed to the public

under section 10A of the Act.

5.21 At the start of each meeting the chairperson is to make a statement informing those in

attendance that the meeting is being webcast and that those in attendance should refrain

from making any defamatory statements.

5.22 A recording of each meeting of the Council and committee of the Council is to be

retained on the Council’s website for 12 months [Council to specify the period of time the

recording is to be retained on the website]. Recordings of meetings may be disposed of

in accordance with the State Records Act 1998.

Attendance of the General Manager and other staff at meetings

5.23 The General Manager is entitled to attend, but not to vote at, a meeting of the Council

or a meeting of a committee of the Council of which all of the members are Councillors.


5.24 The General Manager is entitled to attend a meeting of any other committee of the

Council and may, if a member of the committee, exercise a vote.


5.25 The General Manager may be excluded from a meeting of the Council or a committee

while the Council or committee deals with a matter relating to the standard of

performance of the General Manager or the terms of employment of the General

Manager.


5.26 The attendance of other Council staff at a meeting, (other than as members of the public)

shall be with the approval of the General Manager.

6 THE CHAIRPERSON

The chairperson at meetings

6.1 The Mayor, or at the request of or in the absence of the Mayor, the deputy Mayor (if any)

presides at meetings of the Council.


6.2 If the Mayor and the deputy Mayor (if any) are absent, a Councillor elected to chair the

meeting by the Councillors present presides at a meeting of the Council.






Election of the chairperson in the absence of the Mayor and deputy Mayor

6.3 If no chairperson is present at a meeting of the Council at the time designated for the

holding of the meeting, the first business of the meeting must be the election of a

chairperson to preside at the meeting.

6.4 The election of a chairperson must be conducted:

(a) by the General Manager or, in their absence, an employee of the Council

designated by the General Manager to conduct the election, or

(b) by the person who called the meeting or a person acting on their behalf if neither

the General Manager nor a designated employee is present at the meeting, or if

there is no General Manager or designated employee.

6.5 If, at an election of a chairperson, two (2) or more candidates receive the same number

of votes and no other candidate receives a greater number of votes, the chairperson is

to be the candidate whose name is chosen by lot.

6.6 For the purposes of clause 6.5, the person conducting the election must:

(a) arrange for the names of the candidates who have equal numbers of votes to be

written on similar slips, and

(b) then fold the slips so as to prevent the names from being seen, mix the slips and

draw one of the slips at random.

6.7 The candidate whose name is on the drawn slip is the candidate who is to be the

chairperson.

6.8 Any election conducted under clause 6.3, and the outcome of the vote, are to be

recorded in the minutes of the meeting.

Chairperson to have precedence

6.9 When the chairperson rises or speaks during a meeting of the Council:

(a) any Councillor then speaking or seeking to speak must cease speaking and, if

standing, immediately resume their seat, and

(b) every Councillor present must be silent to enable the chairperson to be heard

without interruption.

7 MODES OF ADDRESS

7.1 If the chairperson is the Mayor, they are to be addressed as ‘Mr Mayor’ or ‘Madam

Mayor’.

7.2 Where the chairperson is not the Mayor, they are to be addressed as either ‘Mr

Chairperson’ or ‘Madam Chairperson’.





7.3 A Councillor is to be addressed as ‘Councillor [surname]’.

7.4 A Council officer is to be addressed by their official designation or as Mr/Ms [surname].

8 ORDER OF BUSINESS FOR ORDINARY COUNCIL MEETINGS

8.1 Removed

At a meeting of the Council, the general order of business is as fixed by resolution of the

Council.

8.2 The general order of business for an ordinary meeting of the Council shall be: [Councils

may adapt the following order of business to meet their needs]

01 Opening meeting

02 Acknowledgement of country

03 Apologies and applications for a leave of absence by Councillors

04 Confirmation of minutes

05 Disclosures of interests

06 Mayoral minute(s)

07 Reports of committees

08 Reports to Council

09 Notices of motions/Questions with notice

10 Confidential matters

11 Conclusion of the meeting

8.3 The order of business as fixed under clause [8.1/8.2] [delete whichever is not applicable]

may be altered for a particular meeting of the Council if a motion to that effect is passed

at that meeting. Such a motion can be moved without notice.

Note: If adopted, Part 13 allows Council to deal with items of business by exception.

8.4 Despite clauses 10.20–10.30, only the mover of a motion referred to in clause 8.3 may

speak to the motion before it is put.

9 CONSIDERATION OF BUSINESS AT COUNCIL MEETINGS

Business that can be dealt with at a Council meeting

9.1 The Council must not consider business at a meeting of the Council:

(a) unless a Councillor has given notice of the business, as required by clause 3.10, and

(b) unless notice of the business has been sent to the Councillors in accordance with

clause 3.7 in the case of an ordinary meeting or clause 3.9 in the case of an

extraordinary meeting called in an emergency.





9.2 Clause 9.1 does not apply to the consideration of business at a meeting, if the business:

(a) is already before, or directly relates to, a matter that is already before the Council,

or

(b) is the election of a chairperson to preside at the meeting, or

(c) subject to clause 9.9, is a matter or topic put to the meeting by way of a Mayoral

minute, or

(d) is a motion for the adoption of recommendations of a committee, including, but

not limited to, a committee of the Council.

9.3 Despite clause 9.1, business may be considered at a meeting of the Council even though

due notice of the business has not been given to the Councillors if:

(a) a motion is passed to have the business considered at the meeting, and

(b) the business to be considered is ruled by the chairperson to be of great urgency

on the grounds that it requires a decision by the Council before the next scheduled

ordinary meeting of the Council.

9.4 A motion moved under clause 9.3(a) can be moved without notice. Despite clauses 10.20–

10.30, only the mover of a motion referred to in clause 9.3(a) can speak to the motion

before it is put.

9.5 A motion of dissent cannot be moved against a ruling by the chairperson under clause

9.3(b).

Mayoral minutes

9.6 Subject to clause 9.9, if the Mayor is the chairperson at a meeting of the Council, the

Mayor may, by minute signed by the Mayor, put to the meeting without notice any matter

or topic that is within the jurisdiction of the Council, or of which the Council has official

knowledge.

9.7 A Mayoral minute, when put to a meeting, takes precedence over all business on the

Council's agenda for the meeting. The chairperson (but only if the chairperson is the

Mayor) may move the adoption of a Mayoral minute without the motion being seconded.

9.8 A recommendation made in a Mayoral minute put by the Mayor is, so far as it is adopted

by the Council, a resolution of the Council.

9.9 A Mayoral minute must not be used to put without notice matters that are routine and

not urgent, or matters for which proper notice should be given because of their

complexity. For the purpose of this clause, a matter will be urgent where it requires a

decision by the Council before the next scheduled ordinary meeting of the Council.

9.10 Where a Mayoral minute makes a recommendation which, if adopted, would require the

expenditure of funds on works and/or services other than those already provided for in

the Council’s current adopted operational plan, it must identify the source of funding for

the expenditure that is the subject of the recommendation. If the Mayoral minute does

not identify a funding source, the Council must defer consideration of the matter,





pending a report from the General Manager on the availability of funds for implementing

the recommendation if adopted.

Staff reports

9.11 A recommendation made in a staff report is, so far as it is adopted by the Council, a

resolution of the Council.

Reports of committees of Council

9.12 The recommendations of a committee of the Council are, so far as they are adopted by

the Council, resolutions of the Council.

9.13 If in a report of a committee of the Council distinct recommendations are made, the

Council may make separate decisions on each recommendation.

Questions

9.14 A question must not be asked at a meeting of the Council unless it concerns a matter on

the agenda of the meeting or notice has been given of the question in accordance with

clauses 3.10 and 3.14.

9.15 A Councillor may, through the chairperson, put a question to another Councillor about

a matter on the agenda.

9.16 A Councillor may, through the General Manager, put a question to a Council employee

about a matter on the agenda. Council employees are only obliged to answer a question

put to them through the General Manager at the direction of the General Manager.

9.17 A Councillor or Council employee to whom a question is put is entitled to be given

reasonable notice of the question and, in particular, sufficient notice to enable reference

to be made to other persons or to documents. Where a Councillor or Council employee

to whom a question is put is unable to respond to the question at the meeting at which

it is put, they may take it on notice and report the response to the next meeting of the

Council.

9.18 Councillors must put questions directly, succinctly, respectfully and without argument.

9.19 The chairperson must not permit discussion on any reply to, or refusal to reply to, a

question put to a Councillor or Council employee.





10 RULES OF DEBATE

Motions to be seconded

10.1 Unless otherwise specified in this code, a motion or an amendment cannot be debated

unless or until it has been seconded.

Notices of motion

10.2 A Councillor who has submitted a notice of motion under clause 3.10 is to move the

motion the subject of the notice of motion at the meeting at which it is to be considered.

10.3 If a Councillor who has submitted a notice of motion under clause 3.10 wishes to withdraw

it after the agenda and business paper for the meeting at which it is to be considered

have been sent to Councillors, the Councillor may request the withdrawal of the motion

when it is before the Council.

10.4 In the absence of a Councillor who has placed a notice of motion on the agenda for a

meeting of the Council:

(a) any other Councillor may, with the leave of the chairperson, move the motion at

the meeting, or

(b) the chairperson may defer consideration of the motion until the next meeting of

the Council.

Chairperson’s duties with respect to motions

10.5 It is the duty of the chairperson at a meeting of the Council to receive and put to the

meeting any lawful motion that is brought before the meeting.

10.6 The chairperson must rule out of order any motion or amendment to a motion that is

unlawful or the implementation of which would be unlawful.

10.7 Before ruling out of order a motion or an amendment to a motion under clause 10.6, the

chairperson is to give the mover an opportunity to clarify or amend the motion or

amendment.

10.8 Any motion, amendment or other matter that the chairperson has ruled out of order is

taken to have been lost.

Motions requiring the expenditure of funds

10.9 A motion or an amendment to a motion which if passed would require the expenditure

of funds on works and/or services other than those already provided for in the Council’s

current adopted operational plan must identify the source of funding for the expenditure

that is the subject of the motion. If the motion does not identify a funding source, the

Council must defer consideration of the matter, pending a report from the General

Manager on the availability of funds for implementing the motion if adopted.





Amendments to motions

10.10 An amendment to a motion must be moved and seconded before it can be debated.

10.11 An amendment to a motion must relate to the matter being dealt with in the original

motion before the Council and must not be a direct negative of the original motion. An

amendment to a motion which does not relate to the matter being dealt with in the

original motion, or which is a direct negative of the original motion, must be ruled out of

order by the chairperson.

10.12 The mover of an amendment is to be given the opportunity to explain any uncertainties

in the proposed amendment before a seconder is called for.

10.13 If an amendment has been lost, a further amendment can be moved to the motion to

which the lost amendment was moved, and so on, but no more than one (1) motion and

one (1) proposed amendment can be before Council at any one time.

10.14 While an amendment is being considered, debate must only occur in relation to the

amendment and not the original motion. Debate on the original motion is to be

suspended while the amendment to the original motion is being debated.

10.15 If the amendment is carried, it becomes the motion and is to be debated. If the

amendment is lost, debate is to resume on the original motion.

10.16 An amendment may become the motion without debate or a vote where it is accepted

by the Councillor who moved the original motion.

Foreshadowed motions

10.17 A Councillor may propose a foreshadowed motion in relation to the matter the subject

of the original motion before the Council, without a seconder during debate on the

original motion. The foreshadowed motion is only to be considered if the original motion

is lost or withdrawn and the foreshadowed motion is then moved and seconded. If the

original motion is carried, the foreshadowed motion lapses.

10.18 Where an amendment has been moved and seconded, a Councillor may, without a

seconder, foreshadow a further amendment that they propose to move after the first

amendment has been dealt with. There is no limit to the number of foreshadowed

amendments that may be put before the Council at any time. However, no discussion

can take place on foreshadowed amendments until the previous amendment has been

dealt with and the foreshadowed amendment has been moved and seconded.

10.19 Foreshadowed motions and foreshadowed amendments are to be considered in the

order in which they are proposed. However, foreshadowed motions cannot be

considered until all foreshadowed amendments have been dealt with.





Limitations on the number and duration of speeches

10.20 A Councillor who, during a debate at a meeting of the Council, moves an original motion,

has the right to speak on each amendment to the motion and a right of general reply to

all observations that are made during the debate in relation to the motion, and any

amendment to it at the conclusion of the debate before the motion (whether amended

or not) is finally put.

10.21 A Councillor, other than the mover of an original motion, has the right to speak once on

the motion and once on each amendment to it.

10.22 A Councillor must not, without the consent of the Council, speak more than once on a

motion or an amendment, or for longer than five (5) minutes at any one time.

10.23 Despite clause 10.22, the chairperson may permit a Councillor who claims to have been

misrepresented or misunderstood to speak more than once on a motion or an

amendment, and for longer than five (5) minutes on that motion or amendment to

enable the Councillor to make a statement limited to explaining the misrepresentation or

misunderstanding.

10.24 Despite clause 10.22, the Council may resolve to shorten the duration of speeches to

expedite the consideration of business at a meeting.

10.25 Despite clauses 10.20 and 10.21, a Councillor may move that a motion or an amendment

be now put:

(a) if the mover of the motion or amendment has spoken in favour of it and no

Councillor expresses an intention to speak against it, or

(b) if at least two (2) Councillors have spoken in favour of the motion or amendment

and at least two (2) Councillors have spoken against it.

10.26 The chairperson must immediately put to the vote, without debate, a motion moved

under clause 10.25. A seconder is not required for such a motion.

10.27 If a motion that the original motion or an amendment be now put is passed, the

chairperson must, without further debate, put the original motion or amendment to the

vote immediately after the mover of the original motion has exercised their right of reply

under clause 10.20.

10.28 If a motion that the original motion or an amendment be now put is lost, the chairperson

must allow the debate on the original motion or the amendment to be resumed.

10.29 All Councillors must be heard without interruption and all other Councillors must, unless

otherwise permitted under this code, remain silent while another Councillor is speaking.

10.30 Once the debate on a matter has concluded and a matter has been dealt with, the

chairperson must not allow further debate on the matter.





10.31 Removed

Participation by non-voting representatives in joint organisation board meetings

Non-voting representatives of joint organisation boards may speak on but must not

move, second or vote on any motion or an amendment to a motion.

Note: Under section 400T(1)(c) of the Act, non-voting representatives of joint

organisation boards may attend but are not entitled to vote at a meeting of the board.

Note: Joint organisations must adopt clause 10.31. Councils must not adopt clause 10.31.

11 VOTING

Voting entitlements of Councillors

11.1 Each Councillor is entitled to one (1) vote.


Note: Under section 400T(1) of the Act, voting representatives of joint organisation

boards are entitled to one (1) vote each at meetings of the board.

11.2 The person presiding at a meeting of the Council has, in the event of an equality of votes,

a second or casting vote.


11.3 Where the chairperson declines to exercise, or fails to exercise, their second or casting

vote, in the event of an equality of votes, the motion being voted upon is lost.

11.4 Removed

A motion at a meeting of the board of a joint organisation is taken to be lost in the event

of an equality of votes.

Note: Clause 11.4 reflects clause 397E of the Regulation. Joint organisations must adopt

clause 11.4 and omit clauses 11.2 and 11.3. Councils must not adopt clause 11.4.

Note: Under section 400U(4) of the Act, joint organisations may specify more stringent

voting requirements for decisions by the board such as a 75% majority or consensus

decision making. Where a joint organisation’s charter specifies more stringent voting

requirements, clause 11.4 must be adapted to reflect those requirements.





Voting at Council meetings

11.5 A Councillor who is present at a meeting of the Council but who fails to vote on a motion

put to the meeting is taken to have voted against the motion.

11.6 If a Councillor who has voted against a motion put at a Council meeting so requests, the

General Manager must ensure that the Councillor's dissenting vote is recorded in the

Council’s minutes.

11.7 The decision of the chairperson as to the result of a vote is final, unless the decision is

immediately challenged and not fewer than two (2) Councillors rise and call for a division.

11.8 When a division on a motion is called, the chairperson must ensure that the division takes

place immediately. The General Manager must ensure that the names of those who vote

for the motion and those who vote against it are recorded in the Council's minutes for

the meeting.

11.9 When a division on a motion is called, any Councillor who fails to vote will be recorded

as having voted against the motion in accordance with clause 11.5 of this code.

11.10 Voting at a meeting, including voting in an election at a meeting, is to be by open means

(such as on the voices, by show of hands or by a visible electronic voting system).

However, the Council may resolve that the voting in any election by Councillors for Mayor

or deputy Mayor is to be by secret ballot.

11.11 All voting at Council meetings, (including meetings that are closed to the public), must

be recorded in the minutes of meetings with the names of Councillors who voted for and

against each motion or amendment, (including the use of the casting vote), being

recorded.

Note: If clause 11.11 is adopted, clauses 11.6 – 11.9 and clause 11.13 may be omitted.

Voting on planning decisions

11.12 The General Manager must keep a register containing, for each planning decision made

at a meeting of the Council or a Council committee (including, but not limited to a

committee of the Council), the names of the Councillors who supported the decision and

the names of any Councillors who opposed (or are taken to have opposed) the decision.

11.13 For the purpose of maintaining the register, a division is taken to have been called

whenever a motion for a planning decision is put at a meeting of the Council or a Council

committee.

11.14 Each decision recorded in the register is to be described in the register or identified in a

manner that enables the description to be obtained from another publicly available

document.





11.15 Clauses 11.12–11.14 apply also to meetings that are closed to the public.

Note: Clauses 11.12–11.15 reflect section 375A of the Act.

Note: The requirements of clause 11.12 may be satisfied by maintaining a register of the

minutes of each planning decision.

12 COMMITTEE OF THE WHOLE

12.1 The Council may resolve itself into a committee to consider any matter before the

Council.


12.2 All the provisions of this code relating to meetings of the Council, so far as they are

applicable, extend to and govern the proceedings of the Council when in committee of

the whole, except the provisions limiting the number and duration of speeches.

Note: Clauses 10.20–10.30 limit the number and duration of speeches.

12.3 The General Manager or, in the absence of the General Manager, an employee of the

Council designated by the General Manager, is responsible for reporting to the Council

the proceedings of the committee of the whole. It is not necessary to report the

proceedings in full but any recommendations of the committee must be reported.

12.4 The Council must ensure that a report of the proceedings (including any

recommendations of the committee) is recorded in the Council's minutes. However, the

Council is not taken to have adopted the report until a motion for adoption has been

made and passed.

13 DEALING WITH ITEMS BY EXCEPTION

13.1 The Council or a committee of Council may, at any time, resolve to adopt multiple items

of business on the agenda together by way of a single resolution.

13.2 Before the Council or committee resolves to adopt multiple items of business on the

agenda together under clause 13.1, the chairperson must list the items of business to be

adopted and ask Councillors to identify any individual items of business listed by the

chairperson that they intend to vote against the recommendation made in the business

paper or that they wish to speak on.

13.3 The Council or committee must not resolve to adopt any item of business under clause

13.1 that a Councillor has identified as being one they intend to vote against the

recommendation made in the business paper or to speak on.

13.4 Where the consideration of multiple items of business together under clause 13.1 involves

a variation to the order of business for the meeting, the Council or committee must





resolve to alter the order of business in accordance with clause 8.3.

13.5 A motion to adopt multiple items of business together under clause 13.1 must identify

each of the items of business to be adopted and state that they are to be adopted as

recommended in the business paper.

13.6 Items of business adopted under clause 13.1 are to be taken to have been adopted

unanimously.

13.7 Councillors must ensure that they declare and manage any conflicts of interest they may

have in relation to items of business considered together under clause 13.1 in accordance

with the requirements of the Council’s code of conduct.

14 CLOSURE OF COUNCIL MEETINGS TO THE PUBLIC

Grounds on which meetings can be closed to the public

14.1 The Council or a committee of the Council may close to the public so much of its meeting

as comprises the discussion or the receipt of any of the following types of matters:

(a) personnel matters concerning particular individuals (other than Councillors),

(b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person

with whom the Council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the Council, or

(iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law,

(f) matters affecting the security of the Council, Councillors, Council staff or Council

property,

(g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the ground of legal professional privilege,

(h) information concerning the nature and location of a place or an item of Aboriginal

significance on community land,

(i) alleged contraventions of the Council’s code of conduct.

Note: Clause 14.1 reflects section 10A (1) and (2) of the Act.

14.2 The Council or a committee of the Council may also close to the public so much of its

meeting as comprises a motion to close another part of the meeting to the public.

Note: Clause 14.2 reflects section 10A (3) of the Act.

Matters to be considered when closing meetings to the public

14.3 A meeting is not to remain closed during the discussion of anything referred to in clause

14.1:

(a) except for so much of the discussion as is necessary to preserve the relevant





confidentiality, privilege or security, and

(b) if the matter concerned is a matter other than a personnel matter concerning

particular individuals, the personal hardship of a resident or ratepayer or a trade

secret – unless the Council or committee concerned is satisfied that discussion of

the matter in an open meeting would, on balance, be contrary to the public interest.

Note: Clause 14.3 reflects section 10B(1) of the Act.

14.4 A meeting is not to be closed during the receipt and consideration of information or

advice referred to in clause 14.1(g) unless the advice concerns legal matters that:

(a) are substantial issues relating to a matter in which the Council or committee is

involved, and

(b) are clearly identified in the advice, and

(c) are fully discussed in that advice.


14.5 If a meeting is closed during the discussion of a motion to close another part of the

meeting to the public (as referred to in clause 14.2), the consideration of the motion must

not include any consideration of the matter or information to be discussed in that other

part of the meeting other than consideration of whether the matter concerned is a matter

referred to in clause 14.1.


14.6 For the purpose of determining whether the discussion of a matter in an open meeting

would be contrary to the public interest, it is irrelevant that:

(a) a person may misinterpret or misunderstand the discussion, or

(b) the discussion of the matter may:

(i) cause embarrassment to the Council or committee concerned, or to

Councillors or to employees of the Council, or

(ii) cause a loss of confidence in the Council or committee.


14.7 In deciding whether part of a meeting is to be closed to the public, the Council or

committee concerned must consider any relevant guidelines issued by the Chief

Executive of the Office of Local Government.


Notice of likelihood of closure not required in urgent cases

14.8 Part of a meeting of the Council, or of a committee of the Council, may be closed to the

public while the Council or committee considers a matter that has not been identified in

the agenda for the meeting under clause 3.21 as a matter that is likely to be considered

when the meeting is closed, but only if:





(a) it becomes apparent during the discussion of a particular matter that the matter is

a matter referred to in clause 14.1, and

(b) the Council or committee, after considering any representations made under clause

14.9, resolves that further discussion of the matter:

(i) should not be deferred (because of the urgency of the matter), and

(ii) should take place in a part of the meeting that is closed to the public.

Note: Clause 14.8 reflects section 10C of the Act.

Representations by members of the public

14.9 The Council, or a committee of the Council, may allow members of the public to make

representations to or at a meeting, before any part of the meeting is closed to the public,

as to whether that part of the meeting should be closed.

Note: Clause 14.9 reflects section 10A(4) of the Act.

14.10 A representation under clause 14.9 is to be made after the motion to close the part of

the meeting is moved and seconded.

14.11 Where the matter has been identified in the agenda of the meeting under clause 3.21 as

a matter that is likely to be considered when the meeting is closed to the public, in order

to make representations under clause 14.9, members of the public must first make an

application to the Council in the approved form. Applications must be received by 9am

on meeting day [date and time to be specified by the Council] before the meeting at

which the matter is to be considered.

14.12 The General Manager (or their delegate) may refuse an application made under clause

14.11. The General Manager or their delegate must give reasons in writing for a decision

to refuse an application.

14.13 No more than three (3) [number to be specified by the Council] speakers are to be

permitted to make representations under clause 14.9.

14.14 If more than the permitted number of speakers apply to make representations under

clause 14.9, the General Manager or their delegate may request the speakers to nominate

from among themselves the persons who are to make representations to the Council. If

the speakers are not able to agree on whom to nominate to make representations under

clause 14.9, the General Manager or their delegate is to determine who will make

representations to the Council.

14.15 The General Manager (or their delegate) is to determine the order of speakers.

14.16 Where the Council or a committee of the Council proposes to close a meeting or part of

a meeting to the public in circumstances where the matter has not been identified in the

agenda for the meeting under clause 3.21 as a matter that is likely to be considered when

the meeting is closed to the public, the chairperson is to invite representations from the





public under clause 14.9 after the motion to close the part of the meeting is moved and

seconded. The chairperson is to permit no more than three (3) [number to be specified

by the Council] speakers to make representations in such order as determined by the

chairperson.

14.17 Each speaker will be allowed five (5) [number to be specified by the Council] minutes to

make representations, and this time limit is to be strictly enforced by the chairperson.

Speakers must confine their representations to whether the meeting should be closed to

the public. If a speaker digresses to irrelevant matters, the chairperson is to direct the

speaker not to do so. If a speaker fails to observe a direction from the chairperson, the

speaker will not be further heard.

Expulsion of non-Councillors from meetings closed to the public

14.18 If a meeting or part of a meeting of the Council or a committee of the Council is closed

to the public in accordance with section 10A of the Act and this code, any person who is

not a Councillor and who fails to leave the meeting when requested, may be expelled

from the meeting as provided by section 10(2)(a) or (b) of the Act.

14.19 If any such person, after being notified of a resolution or direction expelling them from

the meeting, fails to leave the place where the meeting is being held, a police officer, or

any person authorised for the purpose by the Council or person presiding, may, by using

only such force as is necessary, remove the first-mentioned person from that place and,

if necessary restrain that person from re-entering that place for the remainder of the

meeting.

Information to be disclosed in resolutions closing meetings to the public

14.20 The grounds on which part of a meeting is closed must be stated in the decision to close

that part of the meeting and must be recorded in the minutes of the meeting. The

grounds must specify the following:

(a) the relevant provision of section 10A(2) of the Act,

(b) the matter that is to be discussed during the closed part of the meeting,

(c) the reasons why the part of the meeting is being closed, including (if the matter

concerned is a matter other than a personnel matter concerning particular

individuals, the personal hardship of a resident or ratepayer or a trade secret) an

explanation of the way in which discussion of the matter in an open meeting would

be, on balance, contrary to the public interest.

Note: Clause 14.20 reflects section 10D of the Act.

Resolutions passed at closed meetings to be made public

14.21 If the Council passes a resolution during a meeting, or a part of a meeting, that is closed

to the public, the chairperson must make the resolution public as soon as practicable

after the meeting, or the relevant part of the meeting, has ended, and the resolution





must be recorded in the publicly available minutes of the meeting.

14.22 Resolutions passed during a meeting, or a part of a meeting, that is closed to the public

must be made public by the chairperson under clause 14.21 during a part of the meeting

that is webcast.

15 KEEPING ORDER AT MEETINGS

Points of order

15.1 A Councillor may draw the attention of the chairperson to an alleged breach of this code

by raising a point of order. A point of order does not require a seconder.

15.2 A point of order cannot be made with respect to adherence to the principles contained

in clause 2.1.

15.3 A point of order must be taken immediately it is raised. The chairperson must suspend

the business before the meeting and permit the Councillor raising the point of order to

state the provision of this code they believe has been breached. The chairperson must

then rule on the point of order – either by upholding it or by overruling it.

Questions of order

15.4 The chairperson, without the intervention of any other Councillor, may call any Councillor

to order whenever, in the opinion of the chairperson, it is necessary to do so.

15.5 A Councillor who claims that another Councillor has committed an act of disorder, or is

out of order, may call the attention of the chairperson to the matter.

15.6 The chairperson must rule on a question of order immediately after it is raised but, before

doing so, may invite the opinion of the Council.

15.7 The chairperson's ruling must be obeyed unless a motion dissenting from the ruling is

passed.

Motions of dissent

15.8 A Councillor can, without notice, move to dissent from a ruling of the chairperson on a

point of order or a question of order. If that happens, the chairperson must suspend the

business before the meeting until a decision is made on the motion of dissent.

15.9 If a motion of dissent is passed, the chairperson must proceed with the suspended

business as though the ruling dissented from had not been given. If, as a result of the

ruling, any motion or business has been rejected as out of order, the chairperson must

restore the motion or business to the agenda and proceed with it in due course.





15.10 Despite any other provision of this code, only the mover of a motion of dissent and the

chairperson can speak to the motion before it is put. The mover of the motion does not

have a right of general reply.

Acts of disorder

15.11 A Councillor commits an act of disorder if the Councillor, at a meeting of the Council or

a committee of the Council:

(a) contravenes the Act or any regulation in force under the Act or this code, or

(b) assaults or threatens to assault another Councillor or person present at the meeting,

or

(c) moves or attempts to move a motion or an amendment that has an unlawful

purpose or that deals with a matter that is outside the jurisdiction of the Council or

the committee, or addresses or attempts to address the Council or the committee

on such a motion, amendment or matter, or

(d) insults or makes personal reflections on or imputes improper motives to any other

Council official, or alleges a breach of the Council’s code of conduct, or

(e) says or does anything that is inconsistent with maintaining order at the meeting or

is likely to bring the Council or the committee into disrepute.

15.12 The chairperson may require a Councillor:

(a) to apologise without reservation for an act of disorder referred to in clauses 15.11(a)

or (b), or

(b) to withdraw a motion or an amendment referred to in clause 15.11(c) and, where

appropriate, to apologise without reservation, or

(c) to retract and apologise without reservation for an act of disorder referred to in

clauses 15.11(d) and (e).

How disorder at a meeting may be dealt with

15.13 If disorder occurs at a meeting of the Council, the chairperson may adjourn the meeting

for a period of not more than fifteen (15) minutes and leave the chair. The Council, on

reassembling, must, on a question put from the chairperson, decide without debate

whether the business is to be proceeded with or not. This clause applies to disorder

arising from the conduct of members of the public as well as disorder arising from the

conduct of Councillors.

Expulsion from meetings

15.14 Removed

All chairpersons of meetings of the Council and committees of the Council are authorised

under this code to expel any person, including any Councillor, from a Council or

committee meeting, for the purposes of section 10(2)(b) of the Act.

15.15 All chairpersons of meetings of the Council and committees of the Council are authorised

under this code to expel any person other than a Councillor, from a Council or committee





meeting, for the purposes of section 10(2)(b) of the Act. Councillors may only be expelled

by resolution of the Council or the committee of the Council.

Note: Councils may use either clause 15.14 or clause 15.15.

15.16 Clause [15.14/15.15] [delete whichever is not applicable], does not limit the ability of the

Council or a committee of the Council to resolve to expel a person, including a Councillor,

from a Council or committee meeting, under section 10(2)(a) of the Act.

15.17 A Councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a

meeting of the Council for having failed to comply with a requirement under clause 15.12.

The expulsion of a Councillor from the meeting for that reason does not prevent any

other action from being taken against the Councillor for the act of disorder concerned.

15.18 A member of the public may, as provided by section 10(2)(a) or (b) of the Act, be expelled

from a meeting of the Council for engaging in or having engaged in disorderly conduct

at the meeting.

15.19 Where a Councillor or a member of the public is expelled from a meeting, the expulsion

and the name of the person expelled, if known, are to be recorded in the minutes of the

meeting.

15.20 If a Councillor or a member of the public fails to leave the place where a meeting of the

Council is being held immediately after they have been expelled, a police officer, or any

person authorised for the purpose by the Council or person presiding, may, by using

only such force as is necessary, remove the Councillor or member of the public from that

place and, if necessary, restrain the Councillor or member of the public from re-entering

that place for the remainder of the meeting.

Use of mobile phones and the unauthorised recording of meetings

15.21 Councillors, Council staff and members of the public must ensure that mobile phones are

turned to silent during meetings of the Council and committees of the Council.

15.22 A person must not live stream or use an audio recorder, video camera, mobile phone or

any other device to make a recording of the proceedings of a meeting of the Council or

a committee of the Council without the prior authorisation of the Council or the

committee.

15.23 Any person who contravenes or attempts to contravene clause 15.22, may be expelled

from the meeting as provided for under section 10(2) of the Act.

15.24 If any such person, after being notified of a resolution or direction expelling them from

the meeting, fails to leave the place where the meeting is being held, a police officer, or

any person authorised for the purpose by the Council or person presiding, may, by using

only such force as is necessary, remove the first-mentioned person from that place and,

if necessary, restrain that person from re-entering that place for the remainder of the

meeting.









16 CONFLICTS OF INTEREST

16.1 All Councillors and, where applicable, all other persons, must declare and manage any

conflicts of interest they may have in matters being considered at meetings of the Council

and committees of the Council in accordance with the Council’s code of conduct. All

declarations of conflicts of interest and how the conflict of interest was managed by the

person who made the declaration must be recorded in the minutes of the meeting at

which the declaration was made.

17 DECISIONS OF THE COUNCIL

Council decisions

17.1 A decision supported by a majority of the votes at a meeting of the Council at which a

quorum is present is a decision of the Council.

Note: Clause 17.1 reflects section 371 of the Act in the case of Councils. and section

400T(8) in the case of joint organisations.

Note: Under section 400U(4) of the Act, joint organisations may specify more stringent

voting requirements for decisions by the board such as a 75% majority or consensus

decision making. Where a joint organisation’s charter specifies more stringent voting

requirements, clause 17.1 must be adapted to reflect those requirements.

17.2 Decisions made by the Council must be accurately recorded in the minutes of the

meeting at which the decision is made.

Rescinding or altering Council decisions

17.3 A resolution passed by the Council may not be altered or rescinded except by a motion

to that effect of which notice has been given under clause 3.10.


17.4 If a notice of motion to rescind a resolution is given at the meeting at which the resolution

is carried, the resolution must not be carried into effect until the motion of rescission has

been dealt with.


17.5 If a motion has been lost, a motion having the same effect must not be considered unless

notice of it has been duly given in accordance with clause 3.10.


17.6





A notice of motion to alter or rescind a resolution, and a notice of motion which has the same

effect as a motion which has been lost, must be signed by three (3) Councillors if less

than three (3) months has elapsed since the resolution was passed, or the motion was

lost.


17.7 If a motion to alter or rescind a resolution has been lost, or if a motion which has the

same effect as a previously lost motion is lost, no similar motion may be brought forward

within three (3) months of the meeting at which it was lost. This clause may not be evaded

by substituting a motion differently worded, but in principle the same.


17.8 The provisions of clauses 17.5–17.7 concerning lost motions do not apply to motions of

adjournment.


17.9 A notice of motion submitted in accordance with clause 17.6 may only be withdrawn

under clause 3.11 with the consent of all signatories to the notice of motion.

17.10 A notice of motion to alter or rescind a resolution relating to a development application

must be submitted to the General Manager no later than two (2) days [Council to specify

the period of time] after the meeting at which the resolution was adopted.

17.11 A motion to alter or rescind a resolution of the Council may be moved on the report of

a committee of the Council and any such report must be recorded in the minutes of the

meeting of the Council.


17.12 Subject to clause 17.7, in cases of urgency, a motion to alter or rescind a resolution of the

Council may be moved at the same meeting at which the resolution was adopted, where:

(a) a notice of motion signed by three Councillors is submitted to the chairperson, and

(b) a motion to have the motion considered at the meeting is passed, and

(c) the chairperson rules the business that is the subject of the motion is of great

urgency on the grounds that it requires a decision by the Council before the next

scheduled ordinary meeting of the Council.

17.13 A motion moved under clause 17.12(b) can be moved without notice. Despite clauses

10.20–10.30, only the mover of a motion referred to in clause 17.12(b) can speak to the

motion before it is put.


17.12(c).





Recommitting resolutions to correct an error

17.15 Despite the provisions of this Part, a Councillor may, with the leave of the chairperson,

move to recommit a resolution adopted at the same meeting:

(a) to correct any error, ambiguity or imprecision in the Council’s resolution, or

(b) to confirm the voting on the resolution.

17.16 In seeking the leave of the chairperson to move to recommit a resolution for the purposes

of clause 17.15(a), the Councillor is to propose alternative wording for the resolution.

17.17 The chairperson must not grant leave to recommit a resolution for the purposes of clause

17.15(a), unless they are satisfied that the proposed alternative wording of the resolution

would not alter the substance of the resolution previously adopted at the meeting.

17.18 A motion moved under clause 17.15 can be moved without notice. Despite clauses 10.20–

10.30, only the mover of a motion referred to in clause 17.15 can speak to the motion

before it is put.


17.15.

17.20 A motion moved under clause 17.15 with the leave of the chairperson cannot be voted

on unless or until it has been seconded.

18 TIME LIMITS ON COUNCIL MEETINGS

18.1 Meetings of the Council and committees of the Council are to conclude no later than

4pm Council to specify the time].

18.2 If the business of the meeting is unfinished at 4pm [Council to specify the time], the

Council or the committee may, by resolution, extend the time of the meeting.

18.3 If the business of the meeting is unfinished at 4pm [Council to specify the time], and the

Council does not resolve to extend the meeting, the chairperson must either:

(a) defer consideration of the remaining items of business on the agenda to the next

ordinary meeting of the Council, or

(b) adjourn the meeting to a time, date and place fixed by the chairperson.

18.4 Clause 18.3 does not limit the ability of the Council or a committee of the Council to

resolve to adjourn a meeting at any time. The resolution adjourning the meeting must fix

the time, date and place that the meeting is to be adjourned to.

18.5 Where a meeting is adjourned under clause 18.3 or 18.4, the General Manager must:

(a) individually notify each Councillor of the time, date and place at which the meeting





will reconvene, and

(b) publish the time, date and place at which the meeting will reconvene on the

Council’s website and in such other manner that the General Manager is satisfied

is likely to bring notice of the time, date and place of the reconvened meeting to

the attention of as many people as possible.

19 AFTER THE MEETING

Minutes of meetings

19.1 The Council is to keep full and accurate minutes of the proceedings of meetings of the

Council.


19.2 At a minimum, the General Manager must ensure that the following matters are recorded

in the Council’s minutes:

(a) details of each motion moved at a Council meeting and of any amendments moved

to it,

(b) the names of the mover and seconder of the motion or amendment,

(c) whether the motion or amendment was passed or lost, and

(d) such other matters specifically required under this code.

19.3 The minutes of a Council meeting must be confirmed at a subsequent meeting of the

Council.


19.4 Any debate on the confirmation of the minutes is to be confined to whether the minutes

are a full and accurate record of the meeting they relate to.

19.5 When the minutes have been confirmed, they are to be signed by the person presiding

at the subsequent meeting.


19.6 The confirmed minutes of a meeting may be amended to correct typographical or

administrative errors after they have been confirmed. Any amendment made under this

clause must not alter the substance of any decision made at the meeting.

19.7 The confirmed minutes of a Council meeting must be published on the Council’s website.

This clause does not prevent the Council from also publishing unconfirmed minutes of

its meetings on its website prior to their confirmation.





Access to correspondence and reports laid on the table at, or submitted to, a meeting

19.8 The Council and committees of the Council must, during or at the close of a meeting, or

during the business day following the meeting, give reasonable access to any person to

inspect correspondence and reports laid on the table at, or submitted to, the meeting.


19.9 Clause 19.8 does not apply if the correspondence or reports relate to a matter that was

received or discussed or laid on the table at, or submitted to, the meeting when the

meeting was closed to the public.


19.10 Clause 19.8 does not apply if the Council or the committee resolves at the meeting, when

open to the public, that the correspondence or reports are to be treated as confidential

because they relate to a matter specified in section 10A(2) of the Act.


19.11 Correspondence or reports to which clauses 19.9 and 19.10 apply are to be marked with

the relevant provision of section 10A(2) of the Act that applies to the correspondence or

report.

Implementation of decisions of the Council

19.12 The General Manager is to implement, without undue delay, lawful decisions of the

Council.

Note: Clause 19.12 reflects section 335(b) of the Act.

20 COUNCIL COMMITTEES

Application of this Part

20.1 This Part only applies to committees of the Council whose members are all Councillors.

Council committees whose members are all Councillors

20.2 The Council may, by resolution, establish such committees as it considers necessary.

20.3 A committee of the Council is to consist of the Mayor and such other Councillors as are

elected by the Councillors or appointed by the Council.

20.4 The quorum for a meeting of a committee of the Council is to be:

(a) such number of members as the Council decides, or

(b) if the Council has not decided a number – a majority of the members of the

committee.





Functions of committees

20.5 The Council must specify the functions of each of its committees when the committee is

established, but may from time to time amend those functions.

Notice of committee meetings

20.6 The General Manager must send to each Councillor, regardless of whether they are a

committee member, at least three (3) days before each meeting of the committee, a

notice specifying:

(a) the time, date and place of the meeting, and

(b) the business proposed to be considered at the meeting.

20.7 Notice of less than three (3) days may be given of a committee meeting called in an

emergency.

Attendance at committee meetings

20.8 A committee member (other than the Mayor) ceases to be a member of a committee if

the committee member:

(a) has been absent from three (3) consecutive meetings of the committee without

having given reasons acceptable to the committee for the member's absences, or

(b) has been absent from at least half of the meetings of the committee held during

the immediately preceding year without having given to the committee acceptable

reasons for the member's absences.

20.9 Clause 20.8 does not apply if all of the members of the Council are members of the

committee.

Non-members entitled to attend committee meetings

20.10 A Councillor who is not a member of a committee of the Council is entitled to attend,

and to speak at a meeting of the committee. However, the Councillor is not entitled:

(a) to give notice of business for inclusion in the agenda for the meeting, or

(b) to move or second a motion at the meeting, or

(c) to vote at the meeting.

Chairperson and deputy chairperson of Council committees

20.11 The chairperson of each committee of the Council must be:

(a) the Mayor, or

(b) if the Mayor does not wish to be the chairperson of a committee, a member of the

committee elected by the Council, or

(c) if the Council does not elect such a member, a member of the committee elected

by the committee.





20.12 The Council may elect a member of a committee of the Council as deputy chairperson

of the committee. If the Council does not elect a deputy chairperson of such a committee,

the committee may elect a deputy chairperson.

20.13 If neither the chairperson nor the deputy chairperson of a committee of the Council is

able or willing to preside at a meeting of the committee, the committee must elect a

member of the committee to be acting chairperson of the committee.

20.14 The chairperson is to preside at a meeting of a committee of the Council. If the

chairperson is unable or unwilling to preside, the deputy chairperson (if any) is to preside

at the meeting, but if neither the chairperson nor the deputy chairperson is able or willing

to preside, the acting chairperson is to preside at the meeting.

Procedure in committee meetings

20.15 Subject to any specific requirements of this code, each committee of the Council may

regulate its own procedure. The provisions of this code are to be taken to apply to all

committees of the Council unless the Council or the committee determines otherwise in

accordance with this clause.

20.16 Whenever the voting on a motion put to a meeting of the committee is equal, the

chairperson of the committee is to have a casting vote as well as an original vote unless

the Council or the committee determines otherwise in accordance with clause 20.15.

20.17 Removed

A motion at a committee of a joint organisation is taken to be lost in the event of an

equality of votes.

Note: Clause 20.17 reflects clause 397E of the Regulation. Joint organisations must adopt

clause 20.17 and omit clause 20.16. Councils must not adopt clause 20.17.

20.18 Voting at a Council committee meeting is to be by open means (such as on the voices,

by show of hands or by a visible electronic voting system).

Closure of committee meetings to the public

20.19 The provisions of the Act and Part 14 of this code apply to the closure of meetings of

committees of the Council to the public in the same way they apply to the closure of

meetings of the Council to the public.

20.20 If a committee of the Council passes a resolution, or makes a recommendation, during a

meeting, or a part of a meeting that is closed to the public, the chairperson must make

the resolution or recommendation public as soon as practicable after the meeting or part

of the meeting has ended, and report the resolution or recommendation to the next

meeting of the Council. The resolution or recommendation must also be recorded in the

publicly available minutes of the meeting.





20.21 Resolutions passed during a meeting, or a part of a meeting that is closed to the public

must be made public by the chairperson under clause 20.20 during a part of the meeting

that is webcast.

Disorder in committee meetings

20.22 The provisions of the Act and this code relating to the maintenance of order in Council

meetings apply to meetings of committees of the Council in the same way as they apply

to meetings of the Council.

Minutes of Council committee meetings

20.23 Each committee of the Council is to keep full and accurate minutes of the proceedings

of its meetings. At a minimum, a committee must ensure that the following matters are

recorded in the committee’s minutes:

(a) details of each motion moved at a meeting and of any amendments moved to it,

(b) the names of the mover and seconder of the motion or amendment,

(c) whether the motion or amendment was passed or lost, and

(d) such other matters specifically required under this code.

20.24 Removed

All voting at meetings of committees of the Council (including meetings that are closed

to the public), must be recorded in the minutes of meetings with the names of Councillors

who voted for and against each motion or amendment, (including the use of the casting

vote), being recorded.

20.25 The minutes of meetings of each committee of the Council must be confirmed at a

subsequent meeting of the committee.

20.26 Any debate on the confirmation of the minutes is to be confined to whether the minutes

are a full and accurate record of the meeting they relate to.

20.27 When the minutes have been confirmed, they are to be signed by the person presiding

at that subsequent meeting.

20.28 The confirmed minutes of a meeting may be amended to correct typographical or

administrative errors after they have been confirmed. Any amendment made under this

clause must not alter the substance of any decision made at the meeting.

20.29 The confirmed minutes of a meeting of a committee of the Council must be published

on the Council’s website. This clause does not prevent the Council from also publishing

unconfirmed minutes of meetings of committees of the Council on its website prior to

their confirmation.





21 IRREGULARITES

21.1 Proceedings at a meeting of a Council or a Council committee are not invalidated

because of:

(a) a vacancy in a civic office, or

(b) a failure to give notice of the meeting to any Councillor or committee member,

or

(c) any defect in the election or appointment of a Councillor or committee member,

or

(d) a failure of a Councillor or a committee member to declare a conflict of interest,

or to refrain from the consideration or discussion of, or vote on, the relevant

matter, at a Council or committee meeting in accordance with the Council’s code

of conduct, or

(e) a failure to comply with this code.


22 DEFINITIONS

the Act means the Local Government Act 1993

act of disorder means an act of disorder as defined in clause 15.11 of this code

amendment in relation to an original motion, means a motion moving an amendment to

that motion

audio

recorder

any device capable of recording speech

business day means any day except Saturday or Sunday or any other day the whole or part

of which is observed as a public holiday throughout New South Wales

chairperson in relation to a meeting of the Council – means the person presiding at the

meeting as provided by section 369 of the Act and clauses 6.1 and 6.2 of this

code, and

in relation to a meeting of a committee – means the person presiding at the

meeting as provided by clause 20.11 of this code

this code means the Council’s adopted code of meeting practice

committee of

the Council

means a committee established by the Council in accordance with clause 20.2

of this code (being a committee consisting only of Councillors) or the Council

when it has resolved itself into committee of the whole under clause 12.1

Council official has the same meaning it has in the Model Code of Conduct for Local Councils

in NSW

day means calendar day

division means a request by two Councillors under clause 11.7 of this code requiring

the recording of the names of the Councillors who voted both for and against

a motion

foreshadowed

amendment

means a proposed amendment foreshadowed by a Councillor under clause

10.18 of this code during debate on the first amendment

foreshadowed

motion

means a motion foreshadowed by a Councillor under clause 10.17 of this code

during debate on an original motion





open voting means voting on the voices or by a show of hands or by a visible electronic

voting system or similar means

planning

decision

means a decision made in the exercise of a function of a Council under the

Environmental Planning and Assessment Act 1979 including any decision

relating to a development application, an environmental planning instrument,

a development control plan or a development contribution plan under that

Act, but not including the making of an order under Division 9.3 of Part 9 of

that Act

performance

improvement

order

means an order issued under section 438A of the Act

quorum means the minimum number of Councillors or committee members necessary

to conduct a meeting

the Regulation means the Local Government (General) Regulation 2005

webcast a video or audio broadcast of a meeting transmitted across the internet either

concurrently with the meeting or at a later time

year means the period beginning 1 July and ending the following 30 June

File No: G4.79.8

Report: 0063/2019 Restart NSW Funding Deed – Under Seal

Responsible Officer: Ross Earl – General Manager

Background:

Bourke Shire Council applied for $4,660,000 of funding through the NSW Governments Restart

NSW Fund to reform, compact and seal a 20km section of Bourke-Milparinka Road (MR405) to

improve accessibility, safety and reduce maintenance costs.

As a result of the successful application, Bourke Shire Council are required to enter into a

funding agreement with the NSW Treasurer, as the Minister administering section 8(a) of the

Restart NSW Fund Act 2011 (the Act).

Current Situation:

To be able to accept the funding, Council is required to sign the attached funding agreement

with NSW Treasury under seal.


Council is required to manage and acquit $4,660,000 to reform, compact and seal a 20km

section of Bourke-Milparinka Road (MR405). Council’s contribution to this project is $400,000.

Recommendation:

1. That Council note the report.

2. That Council accept the offer of $4,660,000 though the Restart NSW Fund.

3. And that Council affix the Seal of Council to all relevant documentation of the funding

agreement with NSW Treasury to reform, compact and seal a 20km section of Bourke-

Milparinka Road (MR405) to improve accessibility, safety and reduce maintenance costs.





Background:

Bourke Shire Council has recently drilled a bore 5Km’s from the existing Walkdon’s Bore, this is

officially known as “Bore 2B” but has loosely been described internally as “Walkdon’s Bore 2”.

Time has come to officially name the bore to provide an official name and reduce confusion

amongst staff and residents.

Suggested names include;

Stoney Rise Bore

17 Mile Plain Bore


There are no significant financial implications for Council, however finalisation and adoption of a

name will provide guidance for future formal and community reference to the “Bore B2”) land

located at 28 Mitchell Street, Bourke.

Recommendation:

That Council determine and adopt a name for the bore officially known as “Bore 2B”.

Background:

Bourke Shire Council has recently acquired land at 28 Mitchell Street, Bourke (Lot 1, DP 1244271)

for the purpose of Public Recreation.

Funding has been approved to build a community amphitheatre on this land through the

Drought Communities Fund. In this funding application the area of land was loosely referred to

as “Royal Park”, however a formal name needs to be adopted for this parcel of land.

File No

Report: 0064/2019 Naming of Walkdon’s Bore Number 2 (2B)


File No P1.1

Report: 0065/2019 Naming of Park, 28 Mitchell St, Bourke (next to Port of Bourke

Hotel)




This is page 100 of 150 of the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street,

Bourke NSW 2840 on Monday, 25th March 2019 at 9.00am

Suggestions include;

Darling Park

Barka Park (“Barka” is Indigenous name for “Darling River”)

Royal Park

Port of Bourke Park


There are no significant financial implications for Council, however finalisation and adoption of a

name will provide guidance for future formal and community reference to the land located at

28 Mitchell Street, Bourke.

Recommendation:

That Council adopt a name for the parcel of land owned by Bourke Shire Council at 28 Mitchell

Street, Bourke (Lot 1, DP 1244271).





CORPORATE SERVICES REPORT

File No: F1.1

Report: 0066/2019 Bank Reconciliation & Statement of Bank Balances


Bank Reconciliation for the period ending 28th February 2019

Balances as per Bank Statement $1,424,968.37

Plus: Deposit not shown $15,410.18

Less: Unpresented Cheques $237,303.67

Balance as per Cash Book $1,203,074.88

Reconciled Ledger Accounts as at 28th February 2019

Fund or Account Current Balance Overdraft Statutory Limit

General $14,833,477.06 $200,000.00

Water $3,992,586.21

Sewer $1,996,575.61

Trust $92,524.01

Total Funds $20,915,162.89

Investments as at 28th February 2019

National Australia Bank $1,663,165.15 2.68 % 181 Days A1+




National Australia Bank $696,285.17 2.71 % 272 Days A1+





National Australia Bank $1,782,352.50 2.75% 365 Days A1+






National Australia Bank $2,328,935.74 Flex

Total Investments $19,712,088.01

In accordance with Clause 212 of the Local Government Act (General) Regulation 2005 is

certified that the above investments have been made under Sec 625 of the Local Government

Act and Council’s Investment Policy.





Reconciliation at 28th February 2019

Balance as per cash book $1,203,074.88

Investments $19,712,088.01

Total, equalling Reconciled Ledger $20,915,162.89

Statement of Bank Balances as at 28th February 2019

Balance Transaction Balance

31st January 2019 28th February 2019

General Fund $12,835,998.84 $1,997,478.22 $14,833,477.06

Water Fund $4,053,893.09 -$61,306.88 $3,992,586.21

Sewer Fund $1,923,962.09 $71,613.52 $1,996,575.61

Trust Fund $95,520.34 -$2,996.33 $92,524.01

Investments -$18,648,303.71 -$1,063,784.30 -$19,712,088.01

Totals $261,070.65 $942,004.23 $1,203,074.88

Balance of all Funds as at 31st January 2019 $261,070.65

Add Receipts for

(a) Rates $495,091.70

(b) Other Cash $4,278,320.56

Deduct payments for

(a) Payments $2,767,623.73

(b) New Investment $1,063,784.30

Balance as 28th February 2019 $1,203,074.88

Recommendation:

That the Certificate of Reconciliation of the Cash Book for all funds of the Council and the

Statement of Bank Balances as at 28th February 2019 be noted.

Leonie Brown

MANAGER OF CORPORATE SERVICES





Introduction

Under the Local Government Act 1993 and Local Government (General) Regulation 2005, the

Responsible Accounting Officer is required to report on Council’s Investment portfolio on a

monthly basis.

Background

The report is submitted monthly to Council.

Issues

Investments are in accordance with Division of Local Government Guidelines and

Council’s Investment Policy

Statutory obligations are being met

Councillors roles as resource allocators and policy directors are satisfied

Assessment

1. Legal Implications Including Directives and Guidelines

Local Government Act 1993

Local Government (General) Regulation 2005

The management of Council’s investments is delegated by the General Manager to the

Manager Corporate Services.

2. Financial Implications/Consideration

The 2018/19 Budget estimates the total investment revenue as $295,000 which represents an

estimated return of 2.3%. This revenue is split proportionally across General, Water and Sewer

Funds and changes on a monthly basis in accordance with cash flow requirements.

The market value of Council’s investments held as at 28th February 2019 is $19,712,088.01.

Investment income earned as at 28th February 2019 is $301,128.28

3. Policy Provisions – Council Policy and Procedure

Policy 1.8.10(v5) – Investment Policy adopted 22nd August 2016.

Ministerial Investment Order – 12th January 2011

4. Strategic Implications – Implications For Long Term Plans/Targets

Funds are invested in accordance with identified cash flow requirements

File No: F1.1

Report: 0067/2019 Investment Report as at 28th February 2019






Investment Portfolio

Council’s current Investment Portfolio as at the 28th February 2019 follows:-










National Australia Bank $1,782,352.50 2.75% 365 Days A1+






National Australia Bank $2,328,935.74 Flex

Total Investments $19,712,088.01

Term Deposits

Percentage of Total Portfolio 2.62%

Average Investment Yield 100%

Discussions/Comments

The Investment portfolio decreased by $1,063,784.30 during the period.

The investment portfolio is invested in term deposits with the National Australia Bank. The

investment portfolio is regularly reviewed in order to maximise investment performance and

minimise risk.

The Government Guarantee on Investments up to $1 million dollars has now expired and the

new cap of $250,000 has replaced the scheme.

Certification – Responsible Accounting Officer

I hereby certify that the investments listed in the attached report have been made in accordance

with Section 625 of the Local Government Act 1993, clause 212 of the Local Government

(General) Regulation 2005 and Council’s Investment Policy.

Recommendation:

1. That the report regarding Council’s Investment Portfolio as at 28th February 2019 be received

and noted.

2. That the Certificate of the Responsible Accounting Officer be noted and the report adopted.





File No: T4.3.6

Report: 68/2019 Development of the Motel site at the Back O’ Bourke Exhibition Centre


Background

The purpose of this report is to update Councillors in regards to the development potential of

the Motel Site at the Back O’ Bourke Exhibition Centre and to readvertise this offering.

In 2007 Lot 152 Mitchell Highway was gifted from the Back O’ Bourke Centre Limited to Bourke

Shire Council as part of the overall final development of the Back O’ Bourke Exhibition Centre.

In 2009 Bourke Shire Council successfully applied for this land to be considered as operational

land and offered for sale for the development of a Motel at the Back O’ Bourke Exhibition

Centre.

The available land is 1.826 Ha (4.5 ac) and includes land on both sides of the town levee with a

levee easement dividing the site. The land has previous development approval for a 30 room

motel which is now considered to be the very minimum that would be required.

While there has been previous discussions with up to eight (8) developers over the past fifteen

(15) years the development of the site has not proceeded. The development cost of a forty five

(45) room motel with caretaker accommodation and large entry is estimated to be between

$5M and $8M.

Current situation

In the first months of 2019 some renewed interest in the development of the Motel site has

been received. This interest is at initial discussion stage only and information has been provided

by staff to interested parties.

Given the renewed interest in the land it would be prudent to advertise this land for sale in a

formal way to again encourage expressions of interest to be formalised. It is expected that any

expression of interest that is received would include a request for a period of time where

negotiations could be held with exclusivity.

The site is listed as land available for purchase in Bourke Shire Council’s Operational Plan 2018-

2019 adopted on the 28th May 2018 and a sign on the site offering the land for sale was erected

in 2010.

The site would be listed for sale in the Western Herald, Western Magazine, social media and

through Motel brokers for a period of 21 days.


The cost of advertising this site for sale is minimal at this time and would be included in the

advertising budget for the Back O’ Bourke Exhibition Centre.





Recommendation:

1. That the Motel site at the Back O’ Bourke Exhibition Centre be advertised for sale

by Expressions of Interest for a period of 21 days as outlined in the report.

2. That a further confidential report outlining any Expressions of Interest be

brought back to Council should any interest be received.

File No: P4.1

Report: 0069/2019 Draft Operations Plan 2019/2020


Under Separate Cover





Delegates and Councillors Reports

Nil Reports

Committee Minutes

Nil Reports

Policies

Nil Reports





Precis of Correspondence

File No: D5.2-H1.1

Report: 0070/2019

2019 Bush Bursary – Country Women’s Association Scholarship

Program

Author: Chris Russell, Future Workforce Manager, NSW Rural Doctors Network

Inviting Council to participate in the Bush Bursary – CWA Scholarship Program for 2019.

To participate in the Scheme, Council would be required to do the following:-

Payment of $3,000 + GST for sponsored student

Nomination of Placement Coordinator from within Council or associated organisation

Organisation of placement for sponsored Bush Bursary student, including liaising with

local medical practitioners and community groups, accommodation and social aspects

for the two (2) week placement

Liaise with NSW RDN and sponsored Bush Bursary student regarding placement

arrangements.

Recommendation:

For Council’s consideration.

File No:

Report: 71/2019

Application for Financial Assistance – helping hand for North West NSW

Author: Luke Moon, President, helping Hand for North West NSW

Inviting Council to sponsor the “Helping hand for North West NSW” in arranging a world record

breaking “106 hours of continuous pool playing” to be hosted by the Port of Bourke Hotel

between the 1st May to the 6th May 2019.

The request if for the following:-

$20,000 cash contribution, however there is no indication on the application as to how the

$20,000 will be allocated (either to pay for the event or as a contribution to purchase

vouchers for farmers from local businesses.

Recommendation:

For Council’s consideration.

























Engineering Services Activity Report

File No: E7.1

Report: 0073/2019 Works Completed

Responsible Officer: Christopher Morrall - Roads Supervisor

The following information outlines works completed from the 7th February to 11th March 2019 inclusive.

1. NORTH SECTOR – Denis Tiffen, Team Leader

Location Work Carried Out

MR 405 Poison Point Section Sealing works Commenced

RLR 14 Avondale Road Top Grade Completed

RLR 16 River Road Top Grade Completed

RLR 22 Parkdale Road Top Grade Completed

RLR 41 Weir Road Top Grade Completed

RLR 44 Janina Road Top Grade Completed

RLR 15 Lakemere Road Partial Top Grade undertaken

MR 404 Hungerford Road Top Grade Commenced

2. SOUTHWEST SECTOR - John Reed, Team Leader


MR 405 Poison Point Section Sealing Works Commenced

3. TRANSPORT SECTOR - Jack Wielinga, Team Leader

MR 405 Poison Point Section Sealing Works Commenced

4 BITUMEN SECTOR - John Bartley, Team Leader


Bourke Township Patching undertaken

Regional roads Patching undertaken

State Highways Patching undertaken

Staff Training Nil





1. 5.PARKS & GARDENS – Terry Rankmore, Team Leader


General All parks & sporting grounds gardens, regular mowing & maintenance carried

out

Sporting grounds facilities cleaned & maintained

Public toilets cleaned & maintained

General graffiti removal carried out on Council facilities

Small Plant Maintenance & service carried out on all ground plant

Works Requests Actioned & ongoing

1 Tudor St General maintenance carried out

Wharf General maintenance carried out

Renshaw Complex Grounds, facilities cleaned & maintained

Prepare grounds for park run

Coolican Oval General maintenance carried out

Prepare grounds for junior rugby union training

Davidson Oval General maintenance

Prepare grounds for junior and senior cricket

Prepare grounds for senior rugby union training

Prepare grounds for the commencement of Barwon Darling Rugby League

Central Park Skate Park - regular mowing & maintenance carried out, graffiti removal

Prepare ground for Mobile Playgroup

BAHS Mums and Bubs Program

Community Fun Day

Prepare grounds for Rally “ When the river runs dry”

Villages Mow grounds, facilities cleaned & maintained

Airport Mowed airstrip

Staff Training Nil





2. 6.TOWN SERVICES – Troy Hayman, Team Leader


Work Requests Actioned & ongoing

Weekly sand footpaths

Weekly Town mowing

Monthly Requests Actioned

Cemetery Prepared graves: 5/02/2019,14/02/2019, 19/02/2019

Rest Areas Weekly rubbish removal & cleaning along road side

Mow & poison Sydney Road rest areas

Staff Training Dial before dig

General Spread crusher dust walk way expo and roll and spread mulch

Wharf men for repair work ongoing

Pruning lane trees

Remove rubbish

Replace 2x keep left signs in Oxley Street after been vandalized

Remove culverts from wharf area used for Christmas trees

Help with river pump with plumbers water works

Remove burnt car

Kill ants along Exhibition Centre walk way

Kill ants in Darling Street lane

Mulch Exhibition Centre

Remove trees from vacant block Darling Street

Get new steel lid made for new vogue corner not completed

Tidy up airport gardens

Relieving garbage truck

AMS pull out gutter for repair work

Crane bore Hungerford Road

Pick up trees for SES Mitchell Street

Pick up boxes from and move to depot Archives container

Whipper snip corner of laundry

Remove rubbish from Exhibition Centre

Davidson oval move side screens for new cricket nets

AMS pull out concrete

Pick up rubbish from Central Park tennis courts

Oil spill Tarcoon Street

Take donated water to Enngonia /Byrock

Check and grease levee bank pump stations

Prune trees lane way of Betta

Enngonia hall help builder

Sundry Debtors 4950-2650-1393 Plant

4950-2650-1394 Plant

4950-2650-1395 Plant

4950-2065-1398 Plant





7. WORKSHOP – Aaron Coyne, Tradesman Plant Mechanic

Plant

no Rego Description Work Carried Out

100 CM10EW 2017 Holden

Colorado

Changed oil filters, fuel filters, filled washer, checked

gearbox and diff

135 BD37AJ 2009 Volvo 9250hr service, loose fitting on motor tightened

137 DH91BK 2010 Volvo 12750hr service, parts ordered for lifting arm bushes and

caps worn out

139 BR53WH Caterpillar 950H Service, wear plate on bucket needed new bolts, wear

plates, teeth and pins

140 AK24LO Caterpillar 12H

Replaced o-ring in sensor, fixed hydraulic leak, replaced a-

frame ball and shims, o-ring rep[laced on oil pressure

sensor, new pivot ball and block fitted

150 BV55RE 2013 Caterpillar

12M

Found blade position sensor plug was unplugged,

plugged in cleared codes, new batteries were ordered

and fitted, 6000he service

178 CO73PY Isuzu NPS Broken brake line found, new end refitted, bleed brakes,

adjust brakes, fit new batteries and straighten bent bar

512 73235D Multi Tyre Roller 750hr service, tightened and checked fan belts

21 CQ29KZ Mazda CX5 Service

231 X22672 2011 Kohler KR33 5000 and 5250hr service

510 73228D Smooth Drum

Roller Service

54 CH29FQ 2016 Isuzu D-Max Replace battery

70 CM03EW Holden Colorado Service

92 CA52JC 2014 Western

Star

Rep[laced clutch and fork assembly, relaced rear

suspension bushes

112

Y73255 Fuel Trailer Fitted new jockey wheel

237 N77487 1988 Holmwood

Highgate

New wheel bearing, re-wire flashing light, new sight glass

fitted to hub cap, welded cracks in tank

238 TB84BR 2016 Moore Tri

Axle Tanker Made up jump leads for trailer

93 CE53WX 2015 Colorado Service, fit heavy duty switch and test, repair wiring on fuel

pump

55 CQ28KZ Mitsubishi Pajero Service

299 Komatsu Service

2 BR69LX Toyota Kluger Service

25 YII01D Mazda BT 50 Service, fitted battery

33 YII01E Mazda BT 50 Service

39 YCJ44H Mazda BT 50 Unblock air conditioning drain, fit new o-ring and fuel

filter





50 CL16AC Kenworth Service, new seat put in, new air conditioner compressor

ordered and fitted

156 70071C Ingersoll Rand Repair Hydraulic leak

235 Cummins

Generator Service

511 7329D Smooth Drum

Roller Service, mounted bracket, drum rollers adjusted

65 BG97LI John Deere New speakers fitted, Fixed flashing lights, seat and bonnet

132 CP22CH John Deere Service, removed hose and repaired

172 CL38AZ Isuzu 1500 FXY Fitted new ram, electrical fault found in system

32 BM39KN Isuzu NPR 400 Fitted Anderson plug

49 CL84LV Hino Tipper Service

505 XN17EH Kenworth Fit air coil and blower behind seat

506 XN65HG Kenworth Free up steer wheel adjustment, replace broken toolbox

handle, fit air coil and blower behind seat

57 CC20UJ Hino Service, repair air leaks

58 DYU31E Toyota Kluger Service

202 Sykes Pump Tighten on/off switch

310 BY01TB Caterpillar Replace flashing light with magnetic one

180 TD35QS Car Trailer Replace jockey wheel handle, replace broken copper linkin

winch motor

218 BR67WH 2012 Hino Fit light bar

Staff Training Nil





8. Water & Wastewater – Shane Hopley, Team Leader

Water Supply Planned Maintenance- February

35 Oxley Street Sewer Choke

52 darling Street Sewer Choke

24 Darling Street Sewer Choke

42 Hope Street Sewer Choke

3 Culgoa Street Sewer Choke

Davidson Oval Sewer Choke

100 Darling Street Sewer Choke

1 Warraweena Street Sewer Choke

1 Yanda Street Sewer Choke

22 Oxley Street Repair leaking filtered service

11 Hope Street Repair leaking filtered service

68 Mitchell Street Repair leaking filtered service

11 Darling Street Repair leaking filtered service

Belvedere Bore Pump test

34 Oxley Street Install new sewer boundary

North Bourke Repair leaking hydrant

Airport Repair leaking toilet

Cemetery Repair leaking 50mm poly line

Back O’ Bourke Cafe Repair leaking dishwasher

34 Oxley Street Repair leaking 40mm raw water service

18 Short Street Repair leaking 25mm raw water service

45 Tudor Street Cap off 25mm raw water service

Sale Yards Cap off raw water to sheep yards

59 Anson Street Dug 25mm raw water service and repair

Adams Street Dug 50mm raw water service and repair

61 Oxley Street Dug 100mm raw water main and repair

38 Green Street Dug 100mm raw water main and repair

4 Coomah Street Dug 150mm raw water main, repaired 25mm service

Warraweena Street Dug 150mm raw water main and repair main

21 Wortumertie Street Dug 225mm raw water main and repair main

19 Mitchell Street Dug 25mm filtered water service and repair

10 High Street Dug 25mm filtered water service and repair

69 Mertin Street Dug 100mm filtered water main and repair

74 Mitchell Street Dug 150mm filtered water main, repaired 20mm service

34 Oxley Street Dug 200mm filtered water main and repair main

59 Mertin Street Dug 225mm filtered water main and repair main

72 Mertin Street Dug 225mm filtered water main and repair main

North Bourke Pump Site Extend pump into river

Alice Edwards Village Routine Maintenance and monitoring as per ACP Management Plan

Clara Hart Village Routine Maintenance and monitoring as per ACP Management Plan









Abattoir’s total 11.567M daily Average 413.1KL Max 875KL Min 71KL





This is the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke NSW 2840 on Monday, 25th March 2019 at 9.00am

This is page 123 of 150 of the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke NSW 2840 on Monday, 25th March 2019 at 9.00am

Sewerage Treatment Plant EPA Licence Compliance

Record of Effluent Analysis

Pollutant Unit Of

Measure

Licence 100

Percentile

Concentration

Limit

Aug

2018

Test

Sept

2018

Test

Oct

2018

Test

Nov

2018

Test

Dec

2018

Test

Jan

2019

Test

Feb

2019

Test

Mar

2019

Test

Apr

2019

Test

May

2019

Test

Jun

2019

Test

Oil & Grease mg/L 10 <2 <2 3 3 3 5 <2

pH 6.5-8.5 7.77 8.21 8.28 8.29 8.72 8.46 9.44

Nitrogen (total) mg/L 15 9.7 6.9 4.7 5 3.5 8.9 10.5

Phosphorus

(total) mg/L 10 3.7 3.9 3.6 2.4 1.3 1.7 1.10

Total suspended

solids mg/L 20 41 17 16 16 21 62 150

Biochemical

oxygen demand mg/L 15 29 5 12 11 9 22 18

Council notes the provisions of clause L2.5 (a) and (b) of its licence conditions of a chlorophyll exemption due algal growth, which also exempts the

above exceedances.

Rainfall in Bourke for February 2019 was 0.4 mm

Hottest day for February 2019 was 42.7 degrees

Coldest day for February 2019 was 15.7 degrees

Recommendation:

That Council note the information in the Engineering Services Department Activity Reports as presented to Council on Monday, 25th March 2019.

1

ENVIRONMENTAL SERVICES ACTIVITY REPORT

Delegated

Authority or

Council

Consent Type

& Consent No.

Subject Land Nature of Development

Delegated DA 2019/0007 Lot 3, Section 14, DP

758781

15 Castlereagh Street,

North Bourke

Installation of transportable

dwelling with attached carport and

installation of OSSMs


758781


North Bourke

Installation of 2 x transportable

dwellings with attached carports

and installation of OSSMs


758781


North Bourke

Installation of transportable

dwelling with attached carport,

installation of OSSMs and

construction of residential shed

Total value of Approved works for February 2019 = $877,000

No. of Development Application Approvals for February 2019 = 3

No. of Complying Development Application Approvals for February 2019 = 0

File No: A11.1.1

Report: Building Services Report

Author: Paul Faulkner, Environmental Co-ordinator



Work Requests Actioned and ongoing

Risk Assessments Completed with every job

Training Nil

Office Monthly check and test Emergency Generator

Cemetery General maintenance – watering ,mowing and fill in holes trim and remove

trees and poisoning

Contractors Electrical works to buildings

Buildings Carry out programmed and non-routine maintenance to Council buildings

Grants Organise quotes for drought stimulus funding, Repairs to wharf

Commencement of Tennis Courts fence

Plant Replace A/C units - Caravans

File No: D3.2

Report: 0074/2019 Developments Approved Report

Author: Carolyn Crain, Coordinator Development & Regulatory Services


This is the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke NSW 2840 on Monday,

25th March 2019 at 9.00am

This is page 125 of 150 of the business paper for the Ordinary Meeting of Council to be held in the Council Chamber at 29 Mitchell Street, Bourke NSW

2840 on Monday, 25th March 2019 at 9.00am

Attended complaints in regards to dogs causing trouble to the general public

Ongoing patrols of the township enforcing the Companion Animal Act

Water sampling for the township, villages and Darling river

Patrols of Councils Reserve’s

File No: S10.2.1

Report: 0074/2019 Swimming Pool Report

Author: Mark Hollman, Pool Manager


Attendance for February 2019

Season Ticket Holders Non- Season Ticket Holders

Adults 623 Adults 359

Children (2+) 1052 Children (2+) 655

Children (<2) 196 Children (<2) 138

School Groups 341 Total for Month 3364

Recommendation:

That the information in the Environmental Services Activity Report as presented to Council on

Monday, 25th March 2019 be received and noted.

File No: A8.1

Report: 0074/2019 Animal Control/Environmental Issues Report


Bourke Shire Council Holding Facility Dogs Cats

Animals in Pound beginning of Month 7 0

Seized 8 8

Surrendered 1 0

Dumped 0 0

Total 16 8

Euthanised 6 7

Returned to Owner 0 0

Released from Pound 1 0

Re-housed 5 0

Died in Pound 0 0

Escaped from Pound 0 0

Animals Remaining at End of Month 4 1

Total 16 8

Stock Rested in Stock Yards 240





File No: G 2.1

Report: 075/2019 From the GM’S Desk

Author: Ross Earl, General Manager

I have received updated information in relation to the “cease to flow” period which was previously

reported as 196 days in 2006/2007 It would appear that the period was 200 days not 196.

Nonetheless it is a mark that we are still rapidly approaching.

As of Friday 22nd February 2019 the revised period of “cease to flow” is 189 days meaning that the

current record of 200 days will now be eclipsed on the 5th March 2019.

For those interested in history, I note that the Bourke Weir was originally built in 1897 and there is no

real comparative data available from then to 1941 when the modern weir was constructed. The records

being utilised don’t start until 1944.

There is photographic evidence that shows trenches were being dug in the river to continue supply

back in 1928, however, the “cease to flow” records and periods we are using are all post 1944 this is

still seventy five years which a long period of time.

As I have said previously this record period of “cease to flow” at Bourke would have well and truly

been exceeded had it not been for last year’s “Northern Connectivity Event” which provided an

environmental flow and allowed the river to flow to Wilcannia in April 2018.

The drought is certainly having an impact across the state and a number of towns are experiencing

the same issues as Bourke.

The river continues to drop at a rate of over a centimetre per day and as at Monday 25th February

the water level at Bourke was 2.12 metres and if predictions are accurate that will result in the level

of the river dropping to 2.00 metres on or around 4th March 2019 which will be the catalyst for the

introduction of level 5 water restrictions.

With the introduction of Level Five (5) water restrictions the most significant change is that all

outside watering is banned, except by the use of buckets, and the bleed off for evaporative air

conditioners is also banned. Council has relaxed the banning of bleed off provision and has asked

that residents reduce the bleed off where possible.

It is important to note that the water restrictions relate to both Raw and Filtered Water.The Minister

for Regional Water Hon Niall Blair MLC has provided Council with approval effective from the 1st

March through to 28th June 2019 to cart water to Byrock should the need arise. The Minister has also

provided up to $50,000 towards the cost of that carting.

Council had applied for funding earlier in the year however, the catchment providing the water for

Byrock storage received a good storm and the need for carting was negated for a few weeks.

The water supply at Byrock is again at a critically low level and carting will in all probability need to

be commenced by the end of this week.





Minister Blair’s advice is extremely timely and he has acted quickly to provide Council and the

community of Byrock with an assurance that the cost of carting of water will be funded

Work on the construction of the new bore is going to schedule with the contactors hoping to have

the bulk of the drilling work completed this week.

Work has commenced on the new pipeline required to link the new bore to Walkden’s Bore and all

the works are anticipated to be finalised before the end of the month.

Much hinges on the quality and quantity of water available being in accord with expectations.

As soon as information is on hand, Council will do its best to ensure that the community is kept

informed.

Council has received advice from the Minister for Regional Water, The Hon Niall Blair MLC that he

has approved funding of $1,280,700.00 for Bourke Shire Council to undertake the works required to

construct an additional bore to service Bourke during this time of extreme drought conditions.

The works were estimated to cost $1,423,000.00 and the $1,280,700.00 represents 90% of the

funding in accordance with funding of such emergency work. Council has previously received

$250,000.00 and this additional funding totals $1,055,700.00.

The works required are essential if a water supply is to be maintained for Bourke once the river

supply is no longer accessible. This is estimated to be in around five weeks. This could be longer or

shorter as Council has no previous experience in the river falling this low before and this is relatively

unchartered territory.

Minister Blair said he is aware of the unprecedented drought conditions.

“Unfortunately drought conditions look set to continue. The NSW Government is standing shoulder

to shoulder with Council to ensure that Bourke has a secure water supply until the drought breaks.”

“I am pleased with the proactive approach Council has taken towards water security, Council has

been working closely with my Department for months to prepare and plan for a worst case

scenario” said Niall.

The support of the staff from DPI Water has been excellent and they have provided guidance in

developing a strategy to ensure a water supply is able to be maintained. Work on the new bore has

commenced, the funding will ensure further development and implementation of the strategy and

connection of the new bore to existing infrastructure.





There is still considerable work to be undertaken and Council is also working closely with licencing

bodies to ensure that all requirements for the new bore are met and again had a great deal of

cooperation and assistance from officers from within these regulatory authorities all of whom sensed

the urgency of the situation.

Through the coordination efforts of Western Local Lands Services, the Shires of Bourke, Brewarrina,

Wentworth, Cobar, Central Darling and Broken Hill area have combined to lodge a submission to

seek funding from the Communities Combating Pest and Weed Impacts during Drought Program

which has been made available to Councils by the Australian Government.

The decision to apply for funding follows a meeting of the stakeholders in Wild Dog Management in

Western New South Wales including Pest Animal Control Groups, Western Landcare, National Parks

and Wildlife Service, and Western Local Land Services.

The proposal calls for a coordinated, integrated program including Baiting, Trapping Monitoring and

Capacity Building across 16 Pest Animal Control Groups, and 6 Western Division Shires.

Bourke Shire Council was happy to assume the role as lead Council for the project and is very

conscious of the impact that wild dogs have on stock, and in particular young stock.

Many farmers are struggling with the drought and can ill-afford further stock losses.

A collective approach on a Regional Scale is essential if the problem of wild dog control is to be

addressed and all Councils urge both the State and Federal Government to adequately resource the

Wild Dog Control programs going forward.

Council representatives are continuing to liaise with the Commonwealth Environmental Water Holders

Office regarding the possibility of an environmental flow being made available in the Barwon Darling

System.

Council has been advised that representatives from Commonwealth, New South Wales and Queensland

government water agencies met recently to discuss the benefits of a flow and to work through the potential

risks and risk mitigation measures.

The issue is complex and I understand the work on the assessment of the risks has commenced and

will continue over the next week.

One of the issues facing the Environmental Water Holders Office is the limited amount of water they

have available.

A quick review of the dam levels in the north of the state will provide an indication to how dire the

situation is across the state.





Bourke Shire Council Draft Bourke Aboriginal Heritage Study has been prepared and is on public

exhibition from Thursday 14th February 2019 until Thursday 14th March 2019.

The Draft Bourke Aboriginal Heritage Study can be inspected at the Council Office, 29 Mitchell

Street and Bourke Library, Mitchell Street, Bourke during normal office hours. Alternatively a copy of

the study can be inspected on the Bourke Shire Council website at www.bourke.nsw.gov.au .

Council invites submissions on the Draft Bourke Aboriginal Heritage Study and submissions can be

made to the Council at any time during the above period of public exhibition.

The closing date for receipt of submissions will be 4.00pm, Thursday 14th March 2019.

Council will hold a community meeting, at its offices, on Tuesday 12th March 2019 at 12pm for

anyone wishing to discuss the draft study.

Part of the Drought funding provided under the Federal Governments Drought Communities Fund

was used to engage well known poet comedian Murray Hartin to undertake a series of

performances across the villages within the Shire.

My understanding is that there have been good crowds at all venues and those who have attended

have really enjoyed the show.

Council is currently negotiating with other artists to visit Bourke and our village areas as part of the

Drought Communities Program.

Cost Shifting has been an issue for Local Government and in her latest weekly newsletter to Councils

Local Government New South Wales LGNSW President, Linda Scott, details the following

LGNSW have for a number of years focused on cost shifting which effectively moves costs from the

responsibility of the State and Federal Governments to Local Government.

Cost shifting is one of the most significant problems faced by Councils in NSW. Along with rate

capping, cost shifting undermines the financial sustainability of the Local Government sector by forcing

Councils to assume responsibility for more infrastructure and services, without sufficient corresponding

revenue.

For the past decade, LGNSW has monitored the cost of this practice to ratepayers. Despite

recognition of its adverse impacts, cost shifting by the State and Federal Governments onto Councils

is now at its highest recorded level in NSW.

LGNSW’s latest survey puts cost shifting onto NSW Councils in the 2015/16 financial year at $820

million. This is a $150 million increase on 2013/14, and takes the accumulated total cost shifting

burden on Councils to an estimated $6.2 billion since the survey began 10 years ago.

LGNSW research shows another concerning trend: not only does cost shifting continue to grow; it is

growing at an accelerated rate.

http://www.bourke.nsw.gov.au/





The per annum cost shift has more than doubled in a single decade. LGNSW data shows this trend

is being driven largely by state government policies, particularly the waste levy. The Federal

Government is responsible for just 2% of the cost shifting burden borne by Councils each year.

The collective cost to Councils from the ’cost shifting burden now exceeds the estimated annual

infrastructure renewal gap of $500 million per annum (which is the gap between what Councils need

to spend on their existing infrastructure and what they can actually afford). Cost shifting is

increasingly impeding local government’s ability to deliver services and maintain infrastructure for

communities.

Earlier this month the Mayor Councillor Barry Hollman and Councillor Victor Bartley attended a

Councillors Professional Development Training Day hosted at Brewarrina by Brewarrina Shire Council

and facilitated by Graeme Fleming.

There was strong representation by both Walgett and Brewarrina Shire Councillors and Staff. The

limitation of numbers prevented additional Councillors and staff from attending. The

Professional Development day touched on a wide range of issues, both Bourke attendees were very

positive in their assessment of the day.

There is an increased emphasis on Councillor training and each General Manager is now required to

report on the training undertaken by the Council members.

The New Code of Conduct which impacts on both Councillors and Staff was discussed and

Councillors at the Professional Development Day were made aware of the provisions of the new

code and the ramifications for non-compliance.

Negotiations are underway to run a Professional Development Day in Bourke and I will be having

discussions with facilitators over the next couple of weeks.

There is always going to be changes in Local Government and included in the recent changes is the

need for Councils to adopt a new Code of Meeting Practice. The Code adopted by Councils cannot

vary from the model code but there is provision for Councils to adopt some optional provisions,

Bourke Shire Council will be holding a workshop on the 11th March to review the model code and

discuss the need for the adoption of some of the optional provisions.

From discussions at that workshop a report will be prepared for the March Meeting when a decision

on the proposed new Code will be made. The code will then be advertised for public comment and

a period of 42 days allowed for the lodgement of submissions

The new fencing around the tennis court in Central Park looks fantastic, this is the first of a series of

works planned for Central Park with work on the Tennis Club House also to be undertaken.





A shade sail will be the erected over the Skate Park, new toilets are to be installed and a half- court

basketball facility to be constructed.

Quote of the week!

“Good friends are like stars, you don’t always see them but you know they are there.”

7th March 2019

The Western Division Conference went extremely well with all attendees seemingly very pleased with

all aspects of the conference.

I would like to thank all members of Council staff who gave freely of their time to ensure the

conference went smoothly and also to the members of the community who assisted in the provision

of services and facilities.

The Conference attracted an excellent array of speakers who covered a range of topics which are

very important to Local Government. I would like to the express the appreciation of all attendees for

the time that they invested into both preparing their presentations and in travelling to Bourke.

As you would expect there was an emphasis on water supply and the impacts of drought

throughout the conference.

Sponsorship is a big part of running conferences and Bourke Shire Council was able to attract excellent

sponsorship, I am hopeful that all sponsors were happy with the outcome from their point of view. I

note a couple of sponsors have already secured a spot at the 2020 conference to be held in Broken

Hill.

The newly renovated Back O’ Bourke Conference Centre proved to be an excellent location for the

Conference Dinner and the setting looked great thanks to a lot of hard work.

Catering over the period of Conference also brought very positive comments and it was good to be

able to show case Bourke and demonstrate that Bourke is equal to the best, when it comes to

putting on a conference.

As of Friday 1st March 2019 the period of “cease to flow” for the Darling River at Bourke was 196 days

meaning that the current record of 200 days will be surpassed on Wednesday 6th March 2019.

It is important to note the record we are talking about is only for the post 1944 period when

accurate records are available. Equally important is the fact that this period would have been

substantially greater, had it not been for the Environmental Flow dubbed “the Northern Connectivity

Event” in April last year which provided a flow for over two months.





The new bore which has been constructed some five kilometres west of Walkden’s Bore has proved

to be successful with a flow rate exceeding one (1) megalitre per day being achieved Work is now

underway to have this piped to Walkden’s Bore then into the Bourke Water Treatment Plant for

reticulation through the town filtered water system.

Works required entails the construction of a pipeline, modification of the pump and the installation

of a Generator to supply the power to the site pending permanent connection to the electricity

supply.

The Generator will also give assurance of supply during any unforeseen power outages

The new bore combined with the production from Walkden’s Bore will bring the total amount of

water that will be available will be approximately two (2) megalitres per day which will meet the

filtered water requirements for residential and commercial usage.

There will be no need for Council to restrict the use of filtered water for internal use. The restriction

on the use of filtered water is the same as raw water.

Council has commissioned the construction of another Bore, which will be drilled on the Bourke side

of Walkden’s Bore with the additional bore been part of the drought proofing strategy being

developed by Council in conjunction with the Department of Primary Industries Office of Water (DPI

Water)

The additional bore will both provide additional security and at the same time spread the pumping

over a greater area of the aquifer.

Council has been a very strong advocate in relation to the issues facing the Barwon Darling River

System starting in mid- December last year including representations to the Minister for Regional

Water Hon Niall Blair and Jody Swirepik the Commonwealth Environmental Water Holder (CEWH), in

an attempt to ascertain the possibility of securing an environmental water flow along the Barwon

Darling system.

Bourke Shire Council made further representation to the CEWH in January and in conjunction with

the Murray Darling Association was responsible for the coordination of a meeting in Sydney with the

Minister’s Office which involved all agencies. This meeting discussed the administration of water

along the Barwon Darling System and tried to identify both long term and short term solutions to

the problems currently being experienced.

Council staff have also been actively working on the construction and commissioning of the new

bore which has involved funding applications, site identification liaison with various government

departments and the obtaining of all the required licences and approvals.

On behalf of Council I would like to publicly acknowledge the assistance that Council has received

from all agencies who have displayed a great deal of understanding of the situation that is unfolding

in Bourke and the need to expedite the processing of documentation.





The river continues to drop at an approximate rate of over a centimetre per day and as at Monday

4th March 2019 the water level at Bourke was 2.05 metres. It is now estimated to drop 2.00 metres

on or around 7th March 2019 which will be the catalyst for the introduction of level 5 water

restrictions.

With the introduction of level five (5) water restrictions the most significant change is that all outside

watering is banned, except by the use of buckets, and the bleed off for evaporative air conditioners

is also banned. Council has relaxed the banning of bleed off provision and have asked that residents

reduce the bleed off where possible.

The restrictions that are contained within the Drought Management Policy in relation to use of

filtered water were largely developed prior to the construction of Walkden’s Bore. With the

construction of the additional bore restrictions such as the control of bleed of from evaporative air

conditioners will be relaxed slightly.

It is important to note that the water restrictions relate to both Raw and Filtered Water.

Bourke Shire Council has taken delivery of eight (8) Automated External Defibrillators (AEDs) to be

placed throughout the Shire.

An AED is a small portable device designed to deliver a controlled electric shock to a person

experiencing cardiac arrest.

Councils were successful in obtaining funding of $14,850 from the New South Wales Office of Sport

Local Defibrillator program which was supplemented by Council.

Part of the cost of the units includes training, unit storage cabinets and signage.

It is hoped that the installation of the units can commence shortly and it is important to get a

coordinated approach to the training, this will be delivered at the various locations by St Johns

Ambulance qualified instructors, where the AED’s are to be situated. A Defibrillation Awareness E-

learning course will also be made available to people who would like to know more and learn how

to operate the AED in an emergency. It is most important that community members are confident in

using the AED unit – there is no point having the device if no-one knows how to operate it.

Information supplied by the NSW Office of Sport, indicates that in NSW up to 7,000 people will

experience an out-of-hospital cardiac arrest (OHCA) this year.

About a quarter of these incidents will occur outside the home and publicly available defibrillation

will assist in improving the prospects of survival. The information says that the first eight (8) minutes

after a person has a cardiac arrest are the most critical and early access to CPR and defibrillation can

increase the likelihood of survival by up to 75%.

The units are to be located in each of the villages within the shire.





Council is very aware that the villages do not have 24 hour medical services and are between 50 to

200 kilometres from an Ambulance service. The installation of defibrillators in these rural and remote

communities will provide access to immediate defibrillation.

In Bourke the units will be located at the PCYC and the Swimming Pool/ Davidson Oval whilst an

additional unit will be available for events across the shire.

The proposed listing of all locations is as follows.

Byrock Wanaaring

Enngonia Bourke Swimming Pool

Fords Bridge Bourke PCYC/Davidson Oval

Louth Bourke Shire (available for events)

The initiative of the New South Wales Office of Sport was to be applauded and the Bourke Shire

Council was pleased to be able combine with them in providing the AEDs across the Shire.

I was in Mudgee over the weekend and took the opportunity to attend the Charity Shield Rugby

League football match between St George and South Sydney with my two (2) daughters Jaimie and

Gillian and despite the result it was a great night. Mid-Western Council did a tremendous job in the

promotion and organisation of the event and in preparing the facilities. The Glen Willow Complex is

a credit to Mid-Western Council and no doubt there will be many high quality matches in various

codes hosted in the future.

While in Mudgee I took the time to visit the Mudgee Show and noticed that Local Enngonia identity

and renowned steel sculpture Tony Mallon had some success as an exhibitor in the craft section.

Well done Tony!

I note that the Bourke Show has been cancelled for 2019 due to a number of reasons all of which

combined made the staging of the Annual Show difficult.

It is an indicator on just how much of a grip the drought conditions have on our community and

drought conditions impact not only economically but socially as well.

At the Western Division Conference Bourke Shire Council put forward thirteen (13) of the 16 motions

and each of the motions submitted by Bourke were carried. Amongst the motions from Bourke was

the following:-

From Bourke –Environmental Flow in the Barwon Darling System

That the Western Division Shires as a collective support the call for an Environmental Flow to be

provided into the Barwon Darling system and that the flow be made available as soon as possible give

the dire state of the river and the impact on the communities and the environment both within and

along the river system





Note by Council

The dire state of the Darling River is well documented and needs no further explanation.

Council understands the complexity and risks involved in coordinating a flow as requested including

the limited amount of water available and the risk of involving the potential to cause environmental

damage to the native fish. A release of water from storage could lead to further fish deaths and negate

the benefits of a flow.

Council is of the view that the environmental damaged caused by lack of water along the system will

outweigh these risks. Council understands the need to fully evaluate the risk however, “time is our

enemy” and we asked that this assessment be undertaken as a matter of urgency and that the flow be

made available within a similar degree of urgency.

It would appear that the provision of an environmental flow in the Barwon Darling is still under

consideration although nothing has been determined.

If a flow is to eventuate it will take a great deal of coordination and there is a need to mitigate any

risks associated with such a flow and to this end a scientific analysis of these risks is being

undertaken.

It has been highlighted that any flow that might be made available is unlikely to be released prior to

the end of March given the weather conditions. It has also been highlighted that a flow on such a

dry river bed would require much more water to achieve the same outcome that resulted from the

2018 “Northern Connectivity Event” and that there is only very limited water in the storages with the

inflows dramatically reduced.

Water carting will commence this week to Byrock with the groundwater supply at Byrock is almost

exhausted.

The water carted will of course have to be sourced from the bore supply once the river supply is

exhausted making the commissioning of the new bore even more important.

The residents of Byrock have unfortunately had a lot of experience in managing to survive on carted

water and the restrictions that go with that situation.

The compliance with water restrictions at Byrock has been commendable in previous periods where

water has been carted and Council looks forward to a similar level of cooperation.

The next Ordinary Meeting of Council will be held on the 25th March 2019 commencing at 9.00 am

in the Council Chambers, 29 Mitchell Street Bourke.





Bourke Shire Councillors will hold a workshop on Monday 11th March to determine which of the

optional provisions of the New Code of Meeting Practice it wishes to adopt.

The Draft provided by the Office of Local Government contains mandatory provisions which are

required to be adopted plus other parts which Councils have the discretion to adopt or leave out of

their individual Code of Meeting Practice.

The Code of Meeting Practice determines the meeting procedure for the Council Meetings of the

Council and the Meetings of all Committees of Council whose membership is made up solely of

Councillors.

Quote of the week!

Share your smile with the world. It's a symbol of friendship and peace. Christie Brinkley

14th March 2019

Contractors are currently finalising the installation of a pipeline from the newly constructed bore

back to Walkden’s Bore and the upgrading the pumping facilities at Walkden’s Bore. This will enable

the water to be transferred into the Bourke Water Treatment Plant and then reticulated around town

when the ability to pump from the river ceases which is expected to be within the next 60 days.

Work has also commenced on a third Bore which is part of the overall drought proofing strategy

designed in association with DPI – Water. It is designed to spread the extraction of water from the

aquifer over a larger area.

Council is confident that the works undertaken to date will provide sufficient water for the domestic

and commercial needs of the town.

As part of the access to the bore water Council has had to secure licence entitlements to extract

water from the aquifer to supplement the existing licence held for Walkden’s Bore.

The works involved will ensue there will be an ongoing availability of water to residents. It has taken

considerable resources and time and has involved a team effort from Council staff working closely

with a number of Government agencies who have been extremely helpful and have gone out of

their way to provide assistance.

To maximise the benefit of the water in the river system and to ensure that there is sufficient water

to enable the pumps servicing the town to operate effectively, a pump has been installed in the river

bed to pump water upstream. While there is still water in the river and weir pool it is spread over a

large area and the use of the pump will allow greater water access.





Work is progressing well on the repairs to the Bourke Wharf which had shown signs of significant

deterioration and has involved a little more work than first anticipated. The Bourke Wharf area is one

of the primary tourist spots with town and the work being undertaken was vital to protect this asset

which of course is also a reminder on the days when Bourke was a very large inland river port.

In what may be his last visit to Bourke as Member for Barwon Kevin Humphries MP was in Bourke

last Tuesday an made a couple of very significant announcements.

The first was the provision of $7.5 million for the construction of a new police station in Bourke and

the second was the announcement of a further $4.6 million dollars for a continuation of the

reconstruction and sealing works on the Wanaaring Road.

The road funding will allow for the sealing of approximately another 20 kilometres of the road and

will involve the section from Barakete to Goonery.

This latest funding brings the total funding to almost $16 million dollars available to date for the

Road and has been very much appreciate change to the travelling public of that area. If the work

progresses as hoped, it may mean that there will be a sealed road the whole way between Bourke

and Wanaaring which will have significant benefits socially and economically not to mentioned the

untapped tourism potential.

The Darling River at Bourke stopped flowing over the weir on 17th August 2018 and as of Monday

11th had ceased flowing for 206 days well in excess of the pervious longest period recorded since

1944 from when accurate records are available for the current weir structure. The previous record

was 200 days.

This is a seventy five (75) year period which gives a good indication of the severity of drought

conditions

With no rain in sight and still no flow in the river this unwanted record period of “cease to flow”

unfortunately is likely to continue to grow.

It is important to note the record we are talking about is only for the post 1944 period when

accurate records are available. Equally important is the fact that this period would have be

substantially greater had it not been for the Environmental Flow dubbed “the Northern Connectivity

Event in April last year which provide a flow of over two months.

Plans are underway for the Bourke Easter Weekend Celebrations with the format similar to that as in

previous years with the now Annual Back O’ Bourke Picnic Race Club meeting again being held on

Sunday 21st April 2019.





Other activities planned are a Colour Run on Good Friday, a parade and wool bale rolling on

Saturday Morning and on old Boys Rugby Match of the Saturday afternoon and a Sunrise Pancake

Breakfast and Church Service on the Sunday morning.

A new innovation for this year will be a Blues and Blue Grass Mini Festival on the afternoon of Good

Friday with a number of Bands already indicating their attendance and former local artist Tonchi

McIntosh will be back in Bourke for the day to perform.

The Blues Festival will be a family friendly event and will form part of the Drought Community

Extension Program and will available free of charge.

It is planned to be held at the Back O’ Bourke Exhibition Centre

In addition to t the planned activities there are a number of reunions planned for the weekend

which should ensure good crowds are in attendance for all events.

The draft program will be distributed this week and I encourage everybody to get involved and be

part of the Easter festivities.

There was some suggestion that perhaps in light of the drought condition that the Easter activities

may not be held. The organisers feel that with the seasonal conditional that we are currently

experiencing it is important that the event is held to provide an outlet from the impact of the

drought and additionally demonstrate the ongoing resilience of the people in the west of the state

despite the adversity and hardship being faced.

The new bores will mean that that there will be water available for all domestic and commercial

needs and arrangements have been made for bore water to be truck in to assist in the staging of

some of the events.

There has been a lot of discussion regarding the need for a long term solution in relation to the

water supply issues in the far west of the state.

Bourke Shire Council has acknowledged the increased demands place of the finite water supply

however, equally acknowledges the economic and social benefits that could flow from an increased

level of flow in the river system.

Bourke Shire Council experienced the benefits that were derived from the horticultural industry in

and around Bourke before it was devastated by the millennium drought.

To this end Council feels that with the apparent dry periods expected to be part of life it may be

advantageous to resurrect some of the larger schemed proposed over the past few years. This

includes a recommendation from the Western Division meeting;





That the State Government adopt a bipartisan approach looking at opportunities for ensuring the

long term supply of Water in Western New South Wales. These opportunities should not exclude

ambitious projects of the scale of the Snowy Mountain Scheme which has reaped considerable benefit

for the State

Note from Council.

Ideas such as the diversion of water from the eastern seaboard have been discussed as deemed

impractical. With improvements in technology and construction techniques it is not unreasonable to

look at revisit these options for water security.

The recent drought coupled with predictions of increasingly dry weather with the phenomena of global

warming makes this a very important issue.

The increase in productivity in the Murrumbidgee Irrigation Area based on the provision of a secure

water supply is evidence of the economic benefit of such schemes.

The lands are fertile and productive in the west of the state and there is a need for the addition of

water. The availability of water would lead to increased productivity of the communities; generate

employment, leading to population growth and sustainable communities.

Water carting will commence this week to Byrock with the groundwater supply there almost

exhausted.

The water to be carted is for domestic purposes only and the use should be restricted to internal use

and care should be taken to ensure that there are no leaking pipes that may adversely impact on

the amount of water available for use.

In periods where water has needed to be carted previously the residents of Byrock have been

diligent in ensuring that they have been frugal with their use of available water supply. They were all

very conscious of the amount able to be carted and Council is anticipating a similar level of

cooperation from the residents.

Carting will continue until there is sufficient water in the storage to allow pumping to recommence

from that source.

The next Ordinary Meeting of Council will be held on the 25th March 2019 commencing at 9.00 am

in the Council Chambers 29 Mitchell Street Bourke .

A public Forum is conducted each meeting at 10.00am to allow members of the public to raise

issues with Council.





Councillors, Partners and Senior Staff attended a small function at the Bridge Inn last Tuesday Night

to acknowledge the service provided by the retiring Member for Barwon, Kevin Humphries MP.

Former Mayor Andrew Lewis also attended having worked closely with Kevin over his eight years at

the helm.

Despite having a huge electorate and the biggest in the State Kevin always made the effort to visit

all parts of his electorate himself and at Bourke we were fortunate he made time to speak to

Council regarding any issues we might have had at the time.

Mayor of Bourke Shire Councillor Barry Hollman in presenting Kevin with a gift acknowledged the

support that Kevin had provided Bourke Shire during his tenure as Member for Barwon and wished

both Kevin and Lindy all the best for life post politics and trust it is happy and healthy.

Council will continue to try and maintain the major sporting and recreational facilities in town whilst

there is still some water available in the river. Watering will continue on Davidson and Coolican

Ovals, the Bourke Swimming Pool Central Park and the Bourke Bowling Club Greens each of which

form a big part of providing much needed social amenity for the town.

Bourke Shire Council Corporate Services Committee will be meeting today, Wednesday 13th March

2019 to review the first draft of the 2019/2020 Operational Plan (budget) which is once again a

relatively tight budget. Council has had a significant boost to its ability to undertake a number of

smaller projects through finding such as the Drought Communities Extension Project and The

Stronger Country Communities funding. The work on the Wanaaring Road, as one of Councils larger

projects will continue to keep the road construction crew busy for at least the next twelve months.

Once the review of the budget has taken place by the committee any amendments suggested or

required will be made and a further draft will be presented to Council at its meeting scheduled for

the 25th March 2019. It will again be considered and amended if required then approved for public

exhibition in accordance with the requirement of the Local Government Act 1993.

The Bourke War Memorial Swimming Pool is open until the 31st March 2019 when it will then close

for the season.

Work has commenced on the concept plans for the new complex and work is planned to

commence on the construction of the new pool in March 2020 and it is hoped that it will be ready

for use for the 2020/2021 season.

It is proposed to undertake the construction works during the winter months to minimise the impact

on pool users.





Council has received numerous positive comments regarding the new playground and toilet facilities

located at the North Bourke Oval and there has been a good utilisation of the facilities by both

locals and visitors.

Much of the funding received by Council over the past twelve months from various sources has

been utilise to consolidate and improve our existing asset.

Council has been very successful in its application for grant funding over the past few years and this

has resulted in an ongoing improvement of its asset base. Whilst Council has source the bulk of the

grants there have been others which have been obtained by community groups.

Council s conscious of its ability to be able to maintain assets once established and to this end looks

at “whole of lifecycle costs” when determining priorities as it needs to ensure that it has the ability to

maintain any new assets going forward.

A photographic Exhibition entitled the - Art4Ag Photography Exhibition is currently in Bourke.

It is a body of work developed to celebrate our farmers and National Ag Day.

Featuring images from 18 farmers and locals across the Far West region, each exploring their

interpretation of Australian agriculture and its farmers.

The exhibition explores the theme of #growforgood within the industry.

The display is free of charge at the Bourke Shire Council Chambers from the 4th- 28th March 2019

during normal office hours when the Council chambers is not in use.

This is a project involving Outback Arts, Bourke Arts Council and Bourke Shire Council

Quote of the week!

We must accept finite disappointment, but never lose infinite hope. Martin Luther King, Jr.

21st March 2019

Contractors are currently finalising the installation of a pipeline from the newly constructed bore

back to Walkden’s Bore and upgrading the pumping facilities at Walkden’s Bore. This will enable the

water to be transferred directly into the Bourke Water Treatment Plant and then reticulated around

the Bourke and North Bourke townships when the ability to pump from the river ceases. This is

expected to be within the next 60 days.





Council is confident that the works undertaken to date will provide sufficient water for the domestic

and commercial needs of the Bourke and North Bourke townships.

As part of the bore water access strategy, Council has secured licence entitlements to extract water

from the aquifer to supplement the existing licence of 100ML.

The work involved to ensue ongoing water availability has taken considerable resources and time. It

has involved a team effort from Council staff, working closely with a number of Government

agencies who have been extremely helpful and have gone above and beyond to provide assistance.

Council’s Corporate Planning Committee meeting to be held on Thursday 14th March 2019 was

postponed until Monday 18th March 2019 due to not having a quorum on Thursday. The committee

met to review the Draft Operational Plan (Budget) for 2019/2020 and with the minor amendments

made at that meeting the Committee have recommended that the Draft Operational Plan go to

Council so that it can be approved for advertising.

The Draft Operational Plan is required, under the provisions of the Local Government Act to be

advertised for a period of at least twenty eight (28) days during such period members of the public

are able to make submissions. Any submission received by Council during the consultation period

and must be considered by Council prior to the formal adoption of the Operational Plan.

There is a considerable amount of work that goes into the preparation of the Operational Plan each

year and as far as possible, the suggestions that have come from the recent round of Community

Consultation meetings are included in the budgetary decision making process. Councils Community

Strategic Plan (CSP) provides the foundation of the budget document.

Council has a number of very comprehensive and well developed plans in relation to its operations

and as far as possible the budget process incorporates the consideration of the Long Term Financial

Plan and Asset Management Plan.

Council staff, assisted by visiting consultant Brian Tickle, have been busy over the past month

preparing the budget for 2019/2020. Councils’ rate increase in the General Fund has been capped at

2.7% and there has been a freeze on the level of the Financial Assistance Grant, limiting Councils

available 2019/20 income. The task to balance the budget is always difficult given the increases in

wages and in most instances, goods and services exceed the 2.7% allowable rate increase.

Management is constantly looking for efficiencies to ensure that Council and the community get the

best value for money.

The “Welcome to Bourke Night”, held on Wednesday 13th March, at the Port of Bourke Hotel was

well supported, with around 70 people in attendance. It was also good to see a number of

representatives from Bourke sporting and community organisations, welcoming new residents to

town.





The function was hosted by Bourke Shire Council in conjunction with Bourke Rotary Club.

Representatives of both organisations were on hand to welcome newcomers to town, with each new

resident receiving an information pack.

Bourke’s Senior Citizens Week will be held from Sunday 31st March 2019 to the 7th April 2019. The

first function is Sunday Lunch, on Sunday 31st March from 12.30pm, at Renshaw pavilion. There are

activities on each day over the week with the exception of the Saturday. Contact Letiticia Tiffen on

0438 566 118 for more information and to confirm you intention to attend activities.

Every year Senior Citizens appear to enjoy the week of partying and participating in arranged

activities. Activities this year will keep our seniors busy, with a number of different community groups

contributing to the organization of events and activities. Many thanks to all who have offered their

assistance.

The RSPCA is holding a Dog and Cat program on the 2nd and 3rd April, in Bourke. The program

allows Bourke residents who have a health or pension card to take their dogs or cats for a free

health check. The program will also allow eligible people to have their pets de-sexed, microchipped

and vaccinated.

The RSPCA will also be available to provide information about general pet health care. You will be

able to surrender sick or unwanted dogs or cats, as part of the program. The Program will be held at

the grounds of the Old Gundabooka CDEP yard, Anson Street, Bourke, on the Tuesday the 2nd April

and at Full Gospel Church, Tarcoon St, Bourke, on Wednesday 3rdApril, starting from 9am each day.

Bourke Shire Council would like to advise that the Bourke War Memorial Pool Complex will close for

the 2018/19 swimming season at 8pm on Sunday 31st March 2019.

The successful application for funding to upgrade the big pool (announced late last year) will mean

that plans will now commence on pool refurbishment. During the closure period, all technical plans

will be completed. The pool will again re-open as normal for the 2019/2020 summer period.

Actual physical works will commence in April 2020 and the upgrade will be completed over the 2020

winter, during the pools normal closure. All works are expected to be completed in time for the

2020/21 swim season, weather permitting.

With the pool over sixty years old, it is time to look at the upgrading of the facility as funding allows.

The pool is a valuable community asset and given the extremely hot conditions experienced in

Bourke is regarded as an essential facility within our town.





Council was successful in receiving funding of $145.889.00 for Alice Edwards Village, through the

2018/2019 NSW Safer Roads Aboriginal Safety Program, to construct 803 metres of footpath and a

new bus shelter. Works commenced on 4th March 2019, and the project is expected to be completed

in early April. Works are being carried out by local contractors.

The Bourke to Wanaaring road is progressing forward smoothly with a further 6.4 km of seal

completed on Wednesday 13th March on Section 2, Poison Point Plain. Council staff are hoping to

complete the further 7km of this section of road by mid May 2019 being 18.56 km in total.

As the journey to and from Wanaaring gets smoother please remember to give the road works

crews plenty of room when you are passing through.

MR 404 Bourke to Hungerford has received a light grading as staff move to establish themselves for

the sealing of 2.5km of road near Kia-Ora and Naree Stations. The funding to undertake this sealing

works was received through an application for drought relief for roads.

The residents of Hungerford and those utilising the Hungerford Road will be pleased to hear that

Council will undertake the sealing of this section of road which has been identified as one of the

inferior sections of that road.

Main Street improvement work continues with another productive week enjoyed by the crew. They

have completed the install of a sitting rail at the court house corner. Followed by paving continuing

with the river theme and sandstone placements in the same area. Works will now progress to the

middle of the block, this will include a large garden bed and raised crossing.

Bourke’s “Park Run” is a free, 5km, timed run, held weekly, each Saturday at 8am, at the Renshaw

facility. The park run is open to everyone, it is safe and easy to take part in. I encourage people

within the community of every ability to take part. You are welcome to walk, run, jog or push a pram

around the course. The parkrun is a dog friendly event, but your dog must be on a short leash.

The parkrun is a great place to meet new people in our community. Every parkrun relies on

volunteers and volunteering is a great way to meet new friends.

You can register on line at www.parkrun.com.au/register/

Come along, get healthy and enjoy a family friendly, fun event each Saturday. For more information

on the Bourke parkrun visit www.parkrun.com.au/bourkeracecourse/

Quote of the Week!

“Water is the driving force of all nature”, Leonardo da Vinci.

Ross Earl

General Manager

http://www.parkrun.com.au/register/

http://www.parkrun.com.au/bourkeracecourse/





CORPORATE SERVICES ACTIVITY REPORT

File No: L4.1

Report: 76/2019 Library Report

Author: Jodi Hatch, Library Manager

Responsible Officer: Leonie Brown, Manager of Corporate Services

The following items for the 2018/2019 period are presented for your information

Item February 2018 Item February 2019

Audio Visual 282 Audio Visual 157

Adult Fiction 257 Adult Fiction 196

Non-Fiction 129 Non-Fiction 47

Junior Fiction 216 Junior Fiction 207

Magazines 72 Magazines 53

eBook/Audio 42 eBooks/eAudio 60

Interlibrary Loans 0 Interlibrary Loans 1

Total 998 Total 721

Other statistical information

February 2018 February 2019

New Members 6 New Members 16

Internet/Word Processing 105 Internet/Word Processing 82

Wireless Tickets 37 Wireless Tickets 17

Number of Visitors 1207 Number of Visitors 1054

Scans 14 Scans 29

Information Requests 75 Information Requests 68

Technical Assistance 29 Technical Assistance 49

Faxes 7 Faxes/Laminating 11

Children’s Craft and Story Time this month was combined with the Summer Reading Club party

and prize giving. We had 12 children attend.

We have purchased five (5) iPads with the grant funding we received through the Be Connected

Program. These will be used in training sessions with older people, and will also be used in

programs for older children and teenagers to learn computer programming.

Jodi Hatch

Library Manager

Recommendation

That Council note the information in the Corporate Services Activity Report as presented to Council

on Monday, 25th March 2019.





File No: T4.3

Report: 0076/2019 March 2019 Activity update

Responsible Officer: Fran Carter, Manager Tourism and Events

Executive Summary

The Bourke Shire Councils Tourism and Events Manager’s Activity Report provides Council with an

updated status report for the month of January, relating to its tourism teams activities through visual

data including graphs and statistic to allow for the measurement of the team progress and

performance.

It comprises of an overview of the operations, major activities and achievements of Councils Tourism

section and will provide a platform to allow for the detailed monitoring of critical data for future

analysis.

Highlights February

Function Centre

Back O’ Bourke Exhibition Centre’s new Function Centre has been completed after a refurbishment

to redesign the old Café to a Function Centre. The centre is a versatile venue and can adapt to just

about any function including; weddings, parties, conferences, coach groups, fundraising events,

community functions, live performances and mini expos.

The Function Centre comes with free WIFI, white board, audio visual and data projection equipment

along with crockery, cutlery, tables and chairs along with full use of a commercial kitchen.

The large outside deck and a number of picturesque natural settings around the Back O’ Bourke

Exhibition/ Function Centre are also a bonus to consumers wanting to book.





Back O’ Bourke Easter Festival - 19th, 20th, 21st April

Among the highlights of the 2019 program are:

Back O’ Bourke Races - Always a crowd favourite and a drawcard for Bourke. The Easter Sunday

race day includes a five (5) race program with the feature race being the Harry Hart Memorial

Cup.

Blues and Bluegrass Festival – The Blues & Blue Grass Music Festival will kick off at 12.00pm and is

suitable for all ages. Musicians include Tonchi McIntosh, Beloved Abe, Wanita Queen of

Honkytonk, Gleny Rae Virus, Archer, Frank Povah and Andrew Hull and the Yabby Traps. Families

are encouraged to bring a picnic lunch or alternately there will be a bar and BBQ

PCYC Colour Run- Having established itself as a festival favourite. Commencing at 10.00am on

Good Friday

Grand Parade –One of the biggest community events on the Festival calendar. Parade starts at

9.00am

Easter Egg Hunt –The Back O’ Bourke Exhibition Centre garden will be home to hundreds of

hidden chocolate eggs on Easter Sunday commencing at 8.00am. Families are encouraged to join

the Giant Easter Egg Hunt and fill their baskets with as much goodies as possible. There will be a

grand prize for the lucky individual who finds the hidden ‘Golden Egg’.

Easter Bunny’s – In keeping up with the theme of the program - Back O’ Bourke Easter Festival,

Easter Bunny will make his presence felt over the three (3) days entertaining or amusing crowds.

As a gesture of goodwill he may be seen at business houses, events, hospital etc. handing out a

few surprises.

Markets - Featuring loads of free entertainment for people of all ages and market stalls offering

local art and craft, produce, plants, food and refreshments.









Back O’ Bourke Exhibition & Information Centre:

We were able to attract local historian Paul Rowe back to Bourke for 4 days of training with staff at

the Back O’ Bourke Exhibition & Information Centre. Paul’s evaluations have been a great insight

with progressing into the future.

Destination Promotion:

The Kidman Way have booked a feature article in the MAY edition of The Wanderer magazine. This

will be a 4 to 6 page touring route feature. A great bonus of the May issue is that it will be available

at the Sydney Caravan Trade Show at Rosehill (30 April - 5 May).

Back O’ Bourke Exhibition Figures:

Fran Carter

Manager of Tourism & Events

Recommendation:

That Council note the information in the Tourism and Events Manager’s Activity Report as presented

to Council on 25th March, 2019.

2011 2012 2013 2014 2015 2016 2017 2018 2019

January 448 560 325 326 302 348 386 782

February 157 397 271 373 391 220 282 862

March 810 570 1500 1051 1342 1612 1245 1142

April 2507 2144 3103 3146 3849 3118 3114 3362

May 2656 2891 3758 3988 4602 4073 3983 3698

June 2952 3216 4492 4275 5437 5199 4754 4440

July 4362 4643 5173 6241 6002 5941 5982 6091

August 4187 4162 4410 4793 5078 4951 5051 4375

September 4295 5074 4275 4764 4489 4532 4246 3240

October 2674 3067 2383 2486 2370 2475 2463 2360

November 1012 930 789 671 610 1031 876 645

December 386 347 207 242 272 281 255 353

Total 25841 27649 31044 32253 34750 33906 32537 30374





CLOSED SESSION OF COUNCIL – CONFIDENTIAL

File No T4.1

Report: 0077/2019 Update Back ‘O’ Bourke Displays - CONFIDENTIAL


The subject report is proposed to be held in Closed Session under Section 10A (2) (c) of the Local

Government Act, 1993 commercial information of a confidential nature that would if disclosed,

confer a commercial advantage on a person with whom the Council is conducting (or proposes to

conduct) business.

Recommendation:




conduct) business.

File No T2.1

Report: 0078/2019 Upgrade to Councils Telecommunication System - CONFIDENTIAL





conduct) business.

Recommendation:




conduct) business.

Report provided under separate cover

Documents

Bourke Shire Council Agenda Monday, 25th March 2019 · Agenda Monday, 25th March 2019 Notice is hereby given that an Ordinary Meeting of Council will be held at the Council Chambers