NOTICE OF MEETING AND AGENDA KING ISLAND COUNCIL

NOTICE OF MEETING AND AGENDA

Ordinary Meeting of the King Island Council

Tuesday 10 September 2013

commencing at 4:30pm

Council Chambers, 10 George Street, Currie. Mark Goode

GENERAL MANAGER

KING ISLAND COUNCIL

Agenda of Ordinary Council Meeting – 10 September 2013 Page 2 of 50

CONTENTS Qualified Advice ..................................................................................................................................................... 3 Attendance & Apologies ........................................................................................................................................ 4 Presentations ........................................................................................................................................................... 5 Public Question Time ............................................................................................................................................ 5 Declaration Of Interests ........................................................................................................................................ 6 Questions On Notice ............................................................................................................................................. 7 Questions Without Notice .................................................................................................................................... 7 Notices Of Motion ................................................................................................................................................. 7 Confirmation Of Minutes ...................................................................................................................................... 8 Mayor’s Communication ....................................................................................................................................... 9 Works and Services ............................................................................................................................................... 10

Item 1. Works Report ............................................................................................................................ 10 Corporate Services ................................................................................................................................................ 14

Item 1. Financial Report ....................................................................................................................... 14 Item 2. Youth Program ......................................................................................................................... 24

General Manager’s Report ................................................................................................................................... 26 Item 1. Information ............................................................................................................................... 26 Item 2. General Manager’s Diary ......................................................................................................... 30 Item 3. Draft Interim Planning Scheme ............................................................................................. 31

Councillor & Delegate Reports ......................................................................................................................... 48 Item 1. 5th Australian Landfill & Transfer Station Conference ...................................................... 48

Closed Council ...................................................................................................................................................... 50


QUALIFIED ADVICE

Section 65 of the Local Government Act 1993 refers:

‘A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.

A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless the general manager certifies in writing that such advice was obtained and taken into account in providing general advice to the council or council committee.’

I therefore certify that with respect to all advice, information or recommendations provided to the Council in or with this agenda that the advice, information or recommendation is given by a person who has the qualification or experience necessary to give such advice. Furthermore, that where any advice is directly given by a person who does not have the required qualifications or experience that person has obtained and taken into account (in that persons general advice) the advice of an appropriately qualified or experienced person.

Mark Goode GENERAL MANAGER


ATTENDANCE & APOLOGIES

Councillor attendance

Councillor apologies

Staff attendance

Staff apologies

Media attendance

Public attendance

Other attendance


PRESENTATIONS

Nil

PUBLIC QUESTION TIME

1. Members of the public may ask questions of the Council at every Council meeting where public can attend.

2. Question time will be for a maximum of 15 minutes.

3. A member of the public gallery will not be permitted to ask more than 2 questions of Councillors and Officers.

4. Members of the public wishing to ask a question are to stand, state their name, state the agenda item to which their question relates, direct their question to the Chairman and if called upon by the Chairman submit a written copy of their questions to the Chairman.

5. If the question is not able to be dealt with at the meeting at which it is asked a written reply will be sent within fourteen (14) days to the person who asked the question.

6. There is to be no debate on the question or the answer to it.

7. A member of the public wishing to ask a question is entitled to request the assistance of a Council Officer in drafting the question.


DECLARATION OF INTERESTS

Section 48 of the Local Government Act 1993 states that:

A Councillor must not participate at any meeting of a:

• Council

• Council committee,

• Special committee, authority etc

In respect of which the councilor has an interest, or is aware or should be aware that a close associate has an interest:

Participate means – discuss or vote

A Councilor must declare any interest in a matter before discussion commences, and must leave the room in which meeting is being held.

In accordance with Part 2 Regulation 8 (7) of the Local Government (Meeting Procedures) Regulations 2005, the Chairman of a meeting is to request Councillors to indicate whether they have, or are likely to have, a pecuniary interest in any item on the agenda.

Councillors are requested to advise of any interest they may have in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the Council has resolved to deal with, in accordance with Part 2 Regulation 8 (6) of the Local Government (Meeting Procedures). Specifically:

• Declaration of any pecuniary interest of a Councillor or close associate.

• Declaration of any conflict of interest.

• Declaration of interest in respect of any body or organisation with which the council has had major financial dealings during the current financial year.


QUESTIONS ON NOTICE

Nil

QUESTIONS WITHOUT NOTICE

NOTICES OF MOTION

Nil


CONFIRMATION OF MINUTES

Please refer to your previously issued ‘Unconfirmed Minutes’ for:

Minutes of the Ordinary Council Meeting held on 20 August 2013.

Recommendation: That the Minutes of the Ordinary Council Meeting held on 20 August 2013 be confirmed as a correct record of proceedings.


MAYOR’S COMMUNICATION

Reporting Mayor - Greg Barratt

14 August With the General Manager met with King Island Scheelite representatives.

15 August Attended a Shipping Group meeting.

16 August With the General Manager and Cr Vernon Philbey conducted interviews for the Development Coordinator position.

20 August Attended the monthly meeting.

22 August With Cr Haneveer attended a Cradle Coast Authority Meeting.

31 August Attended the centennial celebration of the Foundation of the Catholic Church on King Island.

3 September With the General Manager attended a meeting in Burnie between the ‘Cradle Coast Authority Board’, Mayors and General Managers.

Recommendation: That the Mayor’s Communication be received.


WORKS AND SERVICES ITEM 1. WORKS REPORT

Reporting Manager of Works – Arthur Johnstone

WORKS COMPLETED – AUGUST 2013

COUNCIL • Drainage on South Road. • Graded Barnes, Charles, Skipworth, Bold Head and Old Grassy Roads. • Culverts Fraser and Millwood Roads. • Guide posts Browns. • Airport Maintenance

Storm damage over the month has occurred which most is recoverable through DIER. DEPARTMENT INFRASTRUCTURE, ENERGY & RESOURCES (DIER)

• Ongoing Works • Shouldering Link 42, 23 • Guide Post Inspection and rubbish removal

CRADLE MOUNTAIN WATER

• Ongoing Works PRIVATE WORKS

• Gravel Supplies • Small Plant Hire

MAJOR BRIDGE WORKS Work on the new concrete bridge over the Ettrick River on South Road is progressing well. Council expects to complete this project by the end in September 2013. REFUSE DISPOSAL SITE – PARENNA Compaction of putrescibles waste at the Charles Street Waste Management Facility commenced 1st July 2007. The first bale was positioned in the prepared cell, at Parenna, on 25 July 2007. The average weight of a bale of putrescibles waste is 560kg, with a volume of approximately 0.75 cubic metres. Recently completed filling Stage 2 at Parenna Landfill. Design lifespan of Stages 1 & 2 was 148 weeks. Actual lifespan of Stages 1 & 2 is 195 weeks.

July 2011 to June 2012 1032 bales 774 M3 July 2012 to June 2013 1258 bales 943.5 M3 July 2013 to June 2014 0 0


This report is provided for Council’s information

Recommendation: That the Works Report be received.


YTD Actuals YTD Budgets YTD VarianceAdopted Annual Budget

Airport Capital WorksResheet Runway 17/35 0 0 0 150,000Airport Terminal Upgrade 135 0 -135 500,000Total Airport Capital Works 135 0 -135 650,000

Engineering Capital WorksRoads and Bridges Program 68,752 63,000 -5,752 1,143,000Bitumen Facility 0 0 0 40,000Plant Replacement Program 34,205 36,000 1,795 590,000Coastal Access Program 19,115 16,000 -3,115 42,000Total Engineering Capital Works 122,072 115,000 -7,072 1,815,000

Sports Grounds & Reserves CapitalCurrie Library Park - Play Equipment 0 0 0 60,000Total Sports Grounds & Reserves 0 0 0 60,000

Community FacilitiesTown Hall Internal 0 0 0 80,000Town Hall External 0 0 0 100,000Town Hall Sound Equipment 0 0 0 30,000Total Community Facilities 0 0 0 210,000

Waste ManagementParenna Pump/Shed 6,042 0 -6,042 0Charles Street Waste Compliance 0 0 0 70,000Total Waste Management 6,042 0 -6,042 70,000

Total 128,249 115,000 -13,249 2,805,000

Capital Works Program

For Period August 2013


YTD Actuals

YTD Budgets

YTD Variance

Adopted Annual Budget

Resheeting ProgramCape Wickham Rd 0 0 0 150,000Browns Rd 0 0 0 100,000Millwood Rd 0 0 0 180,000Millers Rd 0 0 0 90,000South Rd 0 0 0 80,000Mount Stanley Rd 6,179 0 -6,179 0Total Resheeting Program 6,179 0 -6,179 600,000

Bridge ProgramEttrick Bridge 61,517 62,000 483 343,000Bridge Program 1,056 1,000 -56 100,000Total Bridge Program 62,573 63,000 427 443,000

Stormwater ProgramKerb and Drainage in Currie 0 0 0 100,000Total Stormwater Program 0 0 0 100,000

Total 68,752 63,000 -5,752 1,143,000

Road and Bridges Capital Works Program


YTD Actuals

YTD Budgets

YTD VarianceAdopted Annual Budget

Plant PurchasesSmall Plant 780 1,000 -220 20,000Skip Bins Loader 0 0 0 20,000Grader 0 0 0 450,000Toyota Hilux Ute 0 0 0 45,000Mower 33,425 35,000 -1,575 35,000Upgrade Computer on Bitumen Truck 0 0 0 20,000Total Plant Purchases 34,205 36,000 -1,795 590,000

Plant Replacement Program



CORPORATE SERVICES ITEM 1. FINANCIAL REPORT

Reporting Manager of Corporate Services – Zoe Behrendt

The financial reports for the month of August 2013 are presented for the information of Members.

1. FINANCIAL STATEMENTS Income and Expenditure are on track for the month of August 2013. Detailed capital reports are now found in the Works section of the agenda.

2. CASH AT BANK & INVESTMENTS The cash balance is positive with no expected cashflow issues for September. The healthy bank balance has allowed Council to invest in short-term term deposits (3 months) to maximise interested earnings.

3. SUNDRY DEBTORS There are no major sundry debts of concern at the end of August. Council is actively pursuing overdue invoices through Council’s debt collectors.

Recommendation: That the Financial Report for August 2013 be received.


YTD Actuals YTD Budgets YTD VarianceAdopted

Annual Budget

Revenue from operating activitiesStatutory Charges 22,519 12,678 9,841 76,100User Charges 50,815 54,814 -3,999 334,000General Grants 204,864 227,266 -22,401 1,304,000Interest 3,219 25,156 -21,937 151,000Reimbursements 54,621 186,375 -131,754 1,116,340Other Revenues 21,861 42,472 -20,611 184,900Rates & Special charges 1,878,322 1,891,998 -13,676 1,917,000Total Revenues 2,236,221 2,440,759 -204,538 5,083,340

Expenses from operating activitiesEmployee Costs -265,720 -324,559 58,839 -2,004,675Contracts -160,897 -135,552 -25,345 -854,874Materials -139,645 -164,253 24,608 -974,000Other Expenses -199,732 -187,670 -12,062 -682,490Finance Costs -9,240 -9,240 0 -52,465Depreciation -175,334 -235,902 60,568 -1,415,987Total Expenses -950,569 -1,057,176 106,608 -5,984,491

Gross Operating Surplus/(Deficit) 1,285,652 1,383,582 -97,930 -901,151Add back Depreciation 175,334 235,902 -60,568 1,415,987Adjust Prepayment of Financial Assistance Grant 0 0 0 734,584Net Operating Surplus/(Deficit) 1,460,986 1,619,484 -158,498 1,249,420

Capital IncomeCapital Grants 0 0 0 225,000Proceeds from Sales 0 0 0 145,000Total Capital Expenditure 0 0 0 370,000

Capital ExpenditureInfrastructure Assets - Renewal, Upgrade and New -94,044 -79,000 -15,044 -2,215,000Plant & Equipment -34,205 -36,000 1,795 -590,000Total Capital Expenditure -128,249 -115,000 -13,249 -2,805,000

FinancingLoans drawn down 0 0 0 350,000Loan Repayments -24,188 -24,188 0 -185,126Net Financing -24,188 -24,188 0 164,874

Reserve FundingTransfers from Reserves to fund operating expenditure 0 0 0 125,000Transfers from Reserves - carry over from previous year (including unexpended grants) 0 0 0 423,000Transfer from reserves to fund capital expenditure 0 0 0 872,000Transfer interest earned to Reserves -108,275Transfers to Reserves as per Council resolutions 0 0 0 -229,000Net Reserve Funding 0 0 0 1,082,725

Cash Surplus/ (Deficit) 1,308,549 1,480,296 -171,747 62,019

Budget Funding Summary



Resource Group YTD Actuals YTD Budgets YTD VarianceAdopted

Annual Budget

IncomeReimbursements 274 0 274 0Other Revenues 0 0 0 0Total Income 274 0 274 0

ExpensesContracts 0 0 0 0Materials 0 0 0 0Other Expenses -24,131 -22,442 -1,689 -134,700Total Expenses -24,131 -22,442 -1,689 -134,700

Grand Total -23,856 -22,442 -1,414 -134,700

GovernanceOperating Statement


-30,000

-25,000

-20,000

-15,000

-10,000

-5,000

0

5,000

Reimbursem

ents

Other Revenues

Contracts

Materials

Other Expenses

YTD Income & Expenditure

Actual

Budget



Annual Budget

IncomeStatutory Charges 3,556 1,666 1,890 10,000General Grants 91,422 91,422 0 330,000Interest 2,346 25,156 -22,810 151,000Reimbursements 444 690 -246 4,140Other Revenues 11,331 26,890 -15,559 161,400Rates 1,549,469 1,554,998 -5,529 1,580,000Total Income 1,658,580 1,700,822 -42,242 2,236,540

ExpensesInternal 41,314 41,308 6 247,946Employee Costs -82,243 -103,626 21,383 -622,000Contracts -13,561 -14,960 1,399 -99,600Materials -6,855 -6,436 -419 -30,625Other Expenses -44,896 -48,132 3,236 -220,600Finance Costs -9,240 -9,240 0 -52,465Depreciation -2,040 -2,872 832 -17,240Total Expenses -117,521 -143,958 26,437 -794,584

Grand Total 1,541,058 1,556,863 -15,805 1,441,956

Corporate ServicesOperating Statement


-200,0000

200,000400,000600,000800,000

1,000,0001,200,0001,400,0001,600,0001,800,000

Statutory Charges

General Grants

Interest

Reimbursem

ents

Other Revenues

Rates

Internal

Employee Costs

Contracts

Materials

Other Expenses

Finance Costs

Depreciation


Actual

Budget



Annual Budget

IncomeStatutory Charges 18,963 11,012 7,951 66,100User Charges 1,750 2,500 -750 15,000Other Revenues 0 584 -584 3,500Rates 91,977 92,000 -23 92,000Total Income 112,689 106,096 6,593 176,600

ExpensesInternal -12,336 -12,336 0 -74,043Employee Costs -5,524 -13,010 7,486 -78,100Contracts -4,946 -20,074 15,128 -120,500Materials -4,431 -2,184 -2,247 -13,100 Other Expenses -2,064 -20,126 18,062 -113,300Depreciation -380 0 -380 0Total Expenses -29,682 -67,730 38,049 -399,043

Grand Total 83,008 38,366 44,642 -222,443

Development and Environmental ServicesOperating Statement


-40,000

-20,000

0

20,000

40,000

60,000

80,000

100,000Statutory Charges

User Charges

Other Revenues

Rates

Internal

Employee Costs

Contracts

Materials

Other Expenses

Depreciation


Actual

Budget



Annual Budget

IncomeUser Charges 3,531 3,998 -467 24,000General Grants 75,798 99,360 -23,562 755,000Interest 874 0 874 0Reimbursements 73 334 -261 2,000Other Revenues 3,974 0 3,974 0Rates 236,876 245,000 -8,124 245,000Total Income 321,124 348,692 -27,568 1,026,000

Expenses

Internal 832 2,540 -1,708 15,240Employee Costs -133,970 -132,864 -1,106 -797,500Contracts -43,745 -52,170 8,425 -325,150Materials -92,723 -90,582 -2,141 -532,725Other Expenses -63,755 -26,510 -37,245 -99,600Depreciation -157,674 -163,442 5,768 -981,057Total Expenses -491,035 -463,028 -28,007 -2,720,792

Grand Total -169,911 -114,336 55,575 -1,694,792

EngineeringOperating Statement


-200,000

-150,000

-100,000

-50,000

0

50,000

100,000

150,000

200,000

250,000

300,000

User Charges

General Grants

Interest

Reimbursem

ents

Other Revenues

Rates

Internal

Employee Costs

Contracts

Materials

Other Expenses


Actual

Budget



Annual Budget

IncomeUser Charges 45,523 48,316 -2,793 295,000Reimbursements 52,919 184,435 -131,516 1,104,700Other Revenues 164 14,000 -13,836 14,000Total Income 98,606 246,751 -148,145 1,413,700

ExpensesInternal -19,262 -19,262 0 -115,604Employee Costs -37,676 -62,662 24,986 -424,625Contracts -61,606 -13,912 -47,694 -99,300Materials -33,963 -59,211 25,248 -362,475 Other Expenses -48,853 -51,372 2,519 -64,250Depreciation -14,910 -69,164 54,254 -415,146Total Expenses -216,270 -275,583 59,313 -1,481,400

Grand Total -117,665 -28,832 -88,833 -67,700

Commercial UndertakingsOperating Statement


-100,000

-50,000

0

50,000

100,000

150,000

200,000User Charges

Reimbursem

ents

Internal

Employee Costs

Contracts

Materials

Other Expenses

Depreciation


Actual

Budget



Annual Budget

Income General Grants 37,645 36,484 1,161 219,000 Reimbursements 910 916 -6 5,500 Other Revenues 6,393 998 5,395 6,000Total Income 44,948 38,398 6,550 230,500

ExpensesInternal -4,570 -3,632 -938 -21,789Employee Costs -12,286 -21,015 8,729 -134,200Contracts -37,039 -34,436 -2,603 -210,324Materials -1,672 -5,840 4,168 -35,075 Other Expenses -16,032 -19,088 3,056 -50,040Depreciation -330 -424 94 -2,544Total Expenses -71,930 -84,435 12,505 -453,972

Grand Total -26,982 -46,037 19,055 -223,472

Community ServicesOperating Statement


-50,000

-40,000

-30,000

-20,000

-10,000

0

10,000

20,000

30,000

40,000

50,000General Grants

Reimbursem

ents

Other Revenues

Internal

Employee Costs

Contracts

Materials

Other Expenses

Depreciation


Actual

Budget


$

576,103.31

(134,732.84)

1,015.86

0.00

442,386.33

300.00

Investments $

Business Cash Res A/c-Employee Ent 145863(GL8202) 970,093.78

Term Deposit - MPHC 141416 (GL 8206) 187,261.31 Term Deposit - Pat Dolman Bursary145580 (GL8207) 20,913.81 Term Deposit- Capital Management Res153038(GL8204) 2,681,280.50 Term Deposit- Strickland Bursary152895 (GL8208) 10,511.80 Term Deposit- 155439-Guarantee 13,000.00 Term Deposit- 159050/168432- Guarantee 97,630.00 Term Deposit- 165696 Short Term Investment 700,000.00 Total Investments 4,680,691.20

Total Cash & Investments 5,123,377.53

Less: Unpresented Cheques & EFT Payments

Add: Outstanding Deposits

Less: Items to be Receipted

Cash At Bank Balance Per General Ledger

Floats & Petty Cash

KING ISLAND COUNCILCash At Bank & Investments

as at 31 August 2013

Cash At Bank

Cash At Bank Balance Per Statement

00.10.20.30.40.50.60.70.80.9

1

1

Bala

nce

Cash at Bank (including investments)

0

1000000

2000000

3000000

4000000

5000000

6000000

1 2 3 4 5 6 7 8 9 10 11 12

Bala

nce

Cash at Bank (including investments)

2010/2011 2011/2012 2012/2013 2013/2014


CategoryCurrentBalance

30Days

60Days

90Days

90+Days

TotalBalance

Airport Debtor 25,562 21,597 11,929 7,921 967 67,976Staff Debtors 80 0 197 0 0 277Sundry Debtor 52,229 40,487 115 0 46,353 139,184Waste Management 268 265 2 17 284 836Total Sundry Debtors 78,138 62,349 12,243 7,938 47,604 208,273

Sundry DebtorsAs at 31 August 2013

30%

6%4%

23%

38%

Sundry Debtor Balances as at 31 August 2013

30 Days

60 Days

90 Days

90+ Days

Current Balance


ITEM 2. YOUTH PROGRAM

Reporting Manager of Corporate Services – Zoe Behrendt

GENERAL Youth Centre participation numbers have been up in August. This due to less footie / netball training as the season is drawing to an end and being open more days.

Activities involving interpersonal communication, overcoming adversity, as well as the standard Friday night movie and snack have been the major tenets of August.

PROGRAMS/ACTIVITIES

The following activities were undertaken in August 2013:

• Healthy cooking night – Potato Feast • Healthy cooking night – Chow Mein • Healthy cooking night – Chicken Curry • Healthy cooking night – Fresh Spring Rolls • Healthy cooking night – Spaghetti • Drawing for $30 gift voucher • Played card games – Rummy and Uno • Roasted Giant American Marshmallows • Board Games, Wii, Table Tennis, Billiards, Air Hockey • Movie nights

Rural Alive and Well (RAW) has a Rural Outreach Worker, Darren Thurlow who may be of greater assistance to the young people of King Island. Darren has a background of working with troubled youths and even lived on the streets for 2 years as a young person himself. In the future we hope to have Darren be a regular visitor and make himself available for the young people to reach out to if they need or to let them know what options are available to them.

UPCOMING PROGRAMS/ACTIVITIES

The following activities are planned:

• Adventure to Grassy can be rescheduled as the weather seems to be clearing up. • Ranger Shelly has offered to give the kids a lesson on fairy penguins when we go penguin

watching. • Become more active in the Community Garden. • Physical activities: flash mob, nature walks, beach trekking, flag footie, gym, etc. • Actively trying to make the Youth Centre a compliment to the school curriculum.

ATTENDANCE & OPENING HOURS AT YOUTH CENTRE

The Youth Centre was open most weekdays averaging 11.83 kids a day.

Attendance for August were as follows:


August Attendance 1 3 2 29 5 6 6 6 7 8 8 9 9 18 12 9 13 6 14 7 15 13 16 14 17 9 19 8 20 9 21 3 22 8 23 24 24 17 26 20 27 14 28 15 29 8 30 21

Recommendation:

That the Community Development Activities Report be received and noted.


GENERAL MANAGER’S REPORT ITEM 1. INFORMATION

Reporting General Manager – Mark Goode

1. GIFTS AND DONATIONS

Nil

2. 132/337 CERTIFICATES (CERTIFICATES OF COUNCIL’S POWER)

Month 2011/2012 2012/2013 2013/2014 132 337 132 337 132 337

July 15 5 10 5 8 7 August 7 5 11 4 9 4 September 2 2 3 1 October 5 3 9 7 November 11 8 7 3 December 11 7 7 4 January 5 5 4 4 February 9 5 14 4 March 14 10 6 3 April 26 7 10 11 May 18 12 4 2 June 3 10 8 4 Total 126 79 93 52 8 7

3. BUILDING PERMITS

The following building permit applications approved for August under Delegated Authority.

Application No. Owner/Location Description Zone

BP 01/1314

Aefia P/L ( J & L Brewster) 538 Mt Stanley Road Lymwood

Dwelling alteration Rural

BP 02/1314

Bungaree Properties P/L (G Barnes) Lot 3 North Yellow Rock Road Yambacoona

Dwelling alteration Rural (Coastal Protection Overlay)

BP 03/1314 W Carey Lot 16 Skyline Drive Naracoopa

New dwelling Low Density Residential A

BP 04/1314 W Williams 4 Beach Road Currie

Dwelling addition Closed Residential


4. CEMETERIES – DEATHS/INTERMENT

2011/2012 2012/2013 2013/2014 Deaths 9 17 1 Interment 12 19 1

5. ANIMAL CONTROL

2011/2012 2012/2013 2013/2014 No. $ No. $ No. $

Dogs Registered 481 8,257 478 9,850.25 371 10,497.50 Dogs Impounded 0 0 0 Dogs Euthanized 0 0 0 Dogs Claimed 0 0 0

6. BUILDING APPROVALS

2011/2012 2012/2013 2013/2014 No. Value $ No. Value $ No. Value $

July 2 40,000 3 413,860 1 30,000 August 4 5,057,417 0 0.00 4 280,000 September 1 95,000 1 15,000 October 5 652,800 6 115,000 November 2 125,000 8 339,180 December 1 200,000 0 0 January 3 375,000 1 35,000 February 2 158,000 1 450,000 March 0 0 2 120,000 April 4 100,000 1 130,000 May 4 220,000 3 85,000 June 5 71,500 2 75,000 Total 34 7,094,717 28 1,778,040 5 310,000 Monthly Averages 2.833 591,226 2.33 148,170 2.5 62,000


6. DEVELOPMENT APPROVALS

2011/2012 2012/2013 2013/2014 No. Value $ No. Value $ No. Value $

July 2 920,000 0 0 2 700,000 August 0 Nil 1 15,000.00 0 0 September 4 Unknown 1 20,000.00 October 2 Unknown 2 21,211,280 November 0 Nil 0 0 December 1 Unknown 0 0 January 0 NIL 1 450,000 February 0 NIL 0 0 March 0 NIL 1 180,000 April 1 Unknown 0 0 May 3 18,000 1 45,000 June 1 175,000 3 40,035,000

Total 14 1,113,000 (min) 10 61,956,280 2 700,000

8. SUBDIVISION & ADHESIONS

2012/2013 2013/2014

No. S43A included No. S43A

included July 0 No 1 No August 1 No 0 No September 1 No October 1 No November 2 No December 1 Yes January 0 No February 1 No March 1 No April 0 No May 0 No June 1 No Total 8


9. FOOD PREMISES INSPECTIONS

2012/2013 2013/2014

Month No. Premises Inspected

No. Premises Inspected

July 0 0 August 0 0 September 4 October 0 November 0 December 0 January 0 February 0 March 0 April 8 May 0 June 0 Total 12

10. PERSONNEL – (August)

APPOINTMENTS 30 August 2013 Charles Arnold CEASED EMPLOYMENT 9 August 2013 Reginald Ollington – Grader driver 23 August 2013 Anita Blazely – Accounting/Payroll Officer

11. IMMUNISATIONS

There were 4 immunisations for the month of August.

12. COMPLAINTS REGISTER – (OUTSTANDING)

DEPARTMENT AUGUST COMPLETED YEAR TO DATE

Works 3 1 Corporate 0

Health/Building 0

This report is provided for Council’s information.

Recommendation: That the Information report be received.


ITEM 2. GENERAL MANAGER’S DIARY


AUGUST 2013

7 Attended a Cradle Coast Authority training session on the Booking Button for tourism operators

9 Attended the Cradle Coast Authority Industry Ideas discussion panel 13 Attended the monthly Council workshop 15 Attended the Shipping Group meeting 16 Conducted Development Service Coordinator interviews 17 Met with Flinders Island tourism representatives 20 Attended the monthly meeting of Council 21 Attended the farewell afternoon tea for Anita Blazely – Payroll Officer Attended the Chamber of Commerce meeting

23 Met with representatives of the Small Abattoir Group Met with a member of the Light Harness Association in regard to the proposed Stable

Users Agreement 26 Together with Vernon Phiilbey, met stakeholders of the stables in regard to the proposed

Stable Users Agreement 27 Met with Eve Woolmore – Natural Resource Management Group to discuss weed ideas

Recommendation: That the General Manager’s Diary be received.

Page 31 of 50

ITEM 3. DRAFT INTERIM PLANNING SCHEME


Correspondence has been received from Mr Patrick Earle, Director Land & Environmental Services of Burnie City Council outlining a draft motion for the resolution required by each Council to make the modifications detailed in the Minister’s direction and to finalise the draft interim planning scheme. Correspondence from Cr Charles Arnold the Chair of the Cradle Coast Region Planning Iniative Steering Committee has also been received (Attachment 2).

Statement of Advice to the Minister for Planning

Introduction

The Minister for Planning has requested and the Cradle Coast Regional Planning Initiative Steering Committee has agreed that the Steering Committee is to provide to the Minister a statement regarding compliance by the draft interim planning scheme for each of the municipal districts of the Cradle Coast Region with the requirements of section 20, 21, and 30E of Land Use Planning and Approvals Act 1993 with respect to the directions specified in the Minister’s Notices issued under S30D(6) to each planning authority. The relevant draft interim planning schemes are –

a) Draft Burnie Interim Planning Scheme 2013 b) Draft Central Coast Interim Planning Scheme 2013 c) Draft Circular Head Interim Planning Scheme 2013 d) Draft Devonport Interim Planning Scheme 2013 e) Draft Kentish Interim Planning Scheme 2013 f) Draft King Island Interim Planning Scheme 2013 g) Draft Latrobe Planning Scheme 2013 h) Draft Waratah Wynyard Interim Planning Scheme 2013 i) Draft West Coast Interim Planning Scheme 2013

Statement of Compliance

The Steering Committee has reviewed each of the draft interim planning schemes and is satisfied (with the following exceptions) that the final draft interim planning scheme for each of the municipal districts has met the requirements of the Act by making the amendments indicated in both Part A and Part B of the Minister’s s30D(6) Notice of 7th August 2013.

The Steering Committee is satisfied that the modifications to the content of the ordinance in each draft interim planning scheme make the amendments required by the Minister’s Notice in terms of both regional common and local provisions without change to any other provision.

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The Steering Committee is satisfied that the modifications to the planning scheme maps for each draft planning scheme make the amendments required by the Minister’s Notice in terms of the purpose for which land is zoned, and in the general framework and presentation of the maps without change to any other provision.

The Steering Committee advises that it is satisfied that each of the draft interim planning schemes meet the requirements for declaration as an interim planning scheme in accordance with section 30F of the Act.

Attachment 1 to 9 inclusive set out in detail the Steering Committee’s assessment for compliance to the requirements of section 20, 21, and 30E of Land Use Planning and Approvals Act 1993 with respect to the directions specified in the Minister’s Notices issued under S30D(6) to each planning authority.

Recommendation: That in accordance with section 30D(7) Land Use Planning and Approvals Act 1993 the Council modify the draft King Island Interim Planning Scheme 2013 in accordance with the directions specified in the s30D(6) Notice issued by the Minister for Planning on 7 August 2013 and provide to the Minister the final draft King Island Interim Planning Scheme 2013 with a request that the scheme be declared.

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Attachment 1 Draft Burnie Interim Planning Scheme 2013 Response on s30D(6) Notice Part A Reference Matter Requirement Response 1. Rural

Resources zone

Provisions are required to ensure sensitive use development on or in the vicinity of agricultural and other primary industry land is consistent with the State Policy for Protection of Agricultural land and does not –

a) permanently convert the purpose for which the land is used so that it is lost to primary industry use; and

b) unreasonably or unnecessarily interfere or constraint the use of rural resource land by an existing or potential primary industry use, including agriculture

The likely impact of sensitive use development on the availability and use of agricultural and other primary industry land can be managed by requiring the location of sensitive use development must be physically separated from the resource land. Include setback requirements for sensitive use development

Clause 26.4.3 is inserted in the Cradle Coast Region template planning scheme and carried into the Burnie Interim Planning Scheme 2013 to provide a requirement that adequate setback or separation be provided for sensitive use development from land with potential for primary industry use, including agricultural land, to mitigate likelihood for constraint and interference by sensitive use on sustainable use of the natural resource by a primary industry purpose. The acceptable solution requires new sensitive use development must be located not less than – (i) 200m from any agricultural land;

(ii) 200m from aquaculture or controlled environment agriculture;

(iii) 500m from extractive industry or intensive animal husbandry;

(iv) 100m from land under a reserve management plan;

(v) 100m from land designated for production forestry;

(vi) 50m from a boundary of the land to a Class 1 or Class 2 road or to a railway line; and

(vii) clear of any restriction imposed by a utility; and

(viii) not be on land within a proclaimed irrigation district under Part 9 Water Management Act 1999 or land that may benef

application of broad-scale irrigation development The performance criteria assessment test requires new sensitive use development must minimise - (i) permanent loss of land for existing and potential primary industry use; (ii) likely constraint or interference to existing and potential primary industry use on the site and on adjacent land; (iii) permanent loss of land within a proclaimed irrigation district under Part 9 Water Management Act 1999 or land that may

irrigation development; and (iv) adverse effect on the operability and safety of a major road, a railway or a utility

http://schemes.planning.tas.gov.au/pages/document/EditRight.aspx?hid=20179&t=26.4.3%20Location%20of%20new%20sensitive%20use%20development





























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1. Rural Resources zone

Provisions are required to ensure sensitive use development on or in the vicinity of agricultural and other primary industry land is consistent with the State Policy for Protection of Agricultural land and does not –

c) permanently convert the purpose for which the land is used so that it is lost to primary industry use; and

d) unreasonably or unnecessarily interfere or constraint the use of rural resource land by an existing or potential primary industry use, including agriculture

The likely impact of sensitive use development on the availability and use of agricultural and other primary industry land can be managed by requiring the location of sensitive use development must be physically separated from the resource land.

Include setback requirements for sensitive use development

Clause 26.4.3 is inserted in the Cradle Coast Region template planning scheme and carried into the Burnie Interim Planning Scheme 2013 to provide a requirement that adequate setback or separation be provided for sensitive use development from land with potential for primary industry use, including agricultural land, to mitigate likelihood for constraint and interference by sensitive use on sustainable use of the natural resource by a primary industry purpose.

The acceptable solution requires new sensitive use development must be located not less than –

(i) 200m from any agricultural land;

(ii) 200m from aquaculture or controlled environment agriculture;

(iii) 500m from extractive industry or intensive animal husbandry;

(iv) 100m from land under a reserve management plan;

(v) 100m from land designated for production forestry;

(vi) 50m from a boundary of the land to a Class 1 or Class 2 road or to a railway line; and

(vii) clear of any restriction imposed by a utility; and

(viii) not be on land within a proclaimed irrigation district under Part 9 Water Management Act 1999 or land that may benef

application of broad-scale irrigation development

The performance criteria assessment test requires new sensitive use development must minimise -

(i) permanent loss of land for existing and potential primary industry use;

(ii) likely constraint or interference to existing and potential primary industry use on the site and on adjacent land;

(iii) permanent loss of land within a proclaimed irrigation district under Part 9 Water Management Act 1999 or land that may irrigation development; and

(iv) adverse effect on the operability and safety of a major road, a railway or a utility






























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2. Application of Codes

Exemption provisions must be be consistent with the permit pathways and operational outcomes required by Planning Directive No 1 and described in Planning Advisory Note 13.

Amend drafting construction of Codes to clarify operation of exemption provisions

Modification made in the Cradle Coast Region template planning scheme and carried into the Burnie Interim Planning Scheme 2013 to –

E2 – Airport Impact Code

E3 – Clearing and Conversion of Vegetation Code

E4 – Change in Ground Level Code

E6 – Hazard management Code

E10 – Water and Waterways Code

Effect of modification is to –

a) clarify in clause E2.2, E3.2, E4.2, E6.2 and E10.2 the use or development to which the Code applies so as to provide improved certainty for whether a permit is required;

b) specify in clause E2.4, E3.4, E4.4, E6.4 and E10.4 the use or development exempt from operation of the Code; and

c) revise clause E2.5, E3.5, E4.5, E6.5 and E10.5 and clause E2.6.2, E2.6.3, E3..6.1, E3.6.2, E3.6.3, E4.6.1, E6.6.1, E6.6.2, E10.6.1 and E10.6.2 by deleting those elements of the Acceptable Solution criteria now contained in Exemption provisions

3. Hazard Management Code

Code provisions must be capable of certainty by reference to documents forming part of the planning scheme.

It is not appropriate to reference documents maintained outside the planning scheme.

Provide reference to and include applicable hazard maps to ensure clarity in drafting and operational effect

a) Modification made to Clause E6.2 in the Cradle Coast Region template planning scheme and carried into the Burnie Interim Planning Scheme 2013 to establish application of the Code is determined by reference to a planning scheme map for each of landslide hazard, coastal inundation hazard, and coastal erosion and recession hazard areas; and

b) Include in the planning scheme a series of maps to indicate acceptable and unacceptable level of risk for each of landslide hazard, coastal inundation hazard, and coastal erosion and recession hazard

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4. Subdivision There is a particular statutory relationship relevant for establishing permit pathways for subdivision development between the provisions in Local Government (Building and Miscellaneous Provisions) Act 1993 and the operation of a planning scheme.

The provisions in LG(BMP)A are interpreted to prevail against the provisions in a planning scheme.

LG(BMP)A in s84 requires a plan of subdivision must be refused if it fails to achieve prescribed outcomes, and in s85 creates a discretion for whether a permit application for a plan of subdivision may be granted.

The provisions of LG(BMP)A deny ability for a planning scheme to provide a permitted pathway for a plan of subdivision.

Revise provisions for subdivision

Modifications made in the Cradle Coast Region template planning scheme and carried into the Burnie Interim Planning Scheme 2013 to –

a) Insert clause 9.4 through a Planning Purpose Notice to indicate that a permit is required for a plan of subdivision and that such permit is always discretionary unless – i. for a boundary adjustment in accordance with Clause 9.2; or

ii. the plan of subdivision must be refused under s84 LG(BMP)A

b) delete E8 - Subdivision Code to remove from the scheme –

i. indication that a plan of subdivision is development for which a permitted permit pathway applies; and

ii. matters for which consideration is required under LG(BMP)A

c) include in the Development Standard “Suitability of a site or lot for use or development “ in each zone used within the planning scheme a provision to establish the minimum qualities of a lot as an alternative to defaulting to the standard contained in S109 LG(BMP)A; and

d) insert into the Development Standards for each zone a new provision for “Subdivision” to require as a performance criteria that each new lot on a plan of subdivision must be for a purpose permitted in the zone

5. Temporary Use Code

Code is contrary to the permit pathways established within the mandatory provisions in Clause 8 of the template to PD1.

Delete the Temporary Use Code

Code deleted in the Cradle Coast Region template planning scheme and does not now appearin the Burnie Interim Planning Scheme 2013

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6. Zoning of Reserves dedicated by Regulation or Legislation

Ensure Environmental Management zone is to apply for any land in a statutory reserve created under State or Commonwealth regulation or legislation

Review and revise application of Environmental management zone

Burnie Interim Planning Scheme 2013 maps reviewed and all current statutory reserves indicated on the LIST maps are included within Environmental Management zone

7. Zoning of Roads Include major roads and railways in Utilities zone Burnie Interim Planning Scheme 2013 zoning maps modified to include within the

Utilities zone –

a) all Category 1 and Category 2 roads under the Tasmanian Road Hierarchy in accordance with casement data provided by Department of Infrastructure, Energy and Resources; and

b) TasRail railways

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Part B

1. Zone translation Conversion from business to residential purposes in absence of contamination audit of land at 24 Joyce Street to assess likely impact of current use as a service station site on future residential use.

Cannot satisfy NEPM outcome for sensitive use of a potentially contaminated site – notwithstanding scale of site is consistent with objective to embed local service and support activity as use conforming to purpose of a suburban residential area.

Assign land at 24 Joyce Street for local business purposes

Burnie Interim Planning Scheme 2013 zoning map modified to indicated land at 24 Joyce Street (PID 614186 ) as assigned to Local Business zone

2. Zone translation Part of Les Clark reserve (CT 13555/1 south of internal road)

a) Conversion from recreation/open spaces purposes to residential use is not a translation to most corresponding PD1 zone;

b) absence of a strategic analysis in accordance with intentions of Burnie Open Space Plan to establish whether the land is surplus to open space/recreation needs and consistent with objectives and outcomes for CCR LUS

Assign for recreation/open space purposes

Burnie Interim Planning Scheme 2013 zoning map modified to indicate land at Les Clark reserve south of internal road is assigned to Open Space zone

3. Zone translation Conversion of land in various locations from primary industry purposes for rural or environmental residential use –

a) is not a translation to most corresponding PD1 zone; b) is not supported by adequate strategic analysis to establish

consistency with objectives and outcomes for CCR LUS for -

Burnie Interim Planning Scheme2013 zoning map modified to indicate the identified lands are each assigned to the Rural Resource zone.

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i. need for additional zoned land supply for rural living or environmental living purposes to meet predicted demand;

ii. land capability for residential use; and

iii. likely impact on State and regional objectives to protect and retain rural resource land for sustainable primary industry use, including by agriculture, forestry and extraction of minerals and construction materials

Applies for –

i. land generally bounded by Poimena Road, Mooreville south of Poimena Road to the junction with Ridgley Highway, and Ridgley north some 1.7km on Ridgley Highway;

ii. Romaine – land southeast of Old Surrey Road and Emu bay Rial east to the Emu River and south to the current rural living zone, and comprising CT 247073/1, CT 1992221/1, CT 31799/3, CT 31799/6, CT 101011/1, CT 199559/1, CT 12319/1 AND CT 129136/1, but excluding CT 102618/3 (Rhododendron Gardens);

iii. Stowport – west of Stowport Road to Fernglade

Conservation Reserve and alignment of Fernglade Road and south of Burnie Dogs Home to West Maydena Road excluding 48 West Maydena road (CT 150064/1 and CT 30016/4);

iv. Stowport – 48 West Maydena Road (CT 150064/1 and CT

30016/4) and CT 83372/1, CT 25857/1, CT 150064/10 Fernglade Road;

v. Round Hill – bushland west of Stowport Road and

bounded by established industrial estate in north and Fernglade Conservation Reserve in the west; and

vi. East Cam – Laird Road/Mawson Road in CT 15958/1, CT

14777/1 and CT 145210/1

Assign identified lands for primary industry purposes

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4. Zone translation Conversion from primary industry/open space purposes to low density residential use for land off Massey Greene Drive (CT 134067/1) South Burnie –

a) is not a translation to the most corresponding PD1 zone;

b) is not supported by detailed strategic analysis to demonstrate need for additional vacant suburban residential against current vacant zoned suburban residential land stock.

Assign for open space purposes to reflect low level environmental values and cessation of plantation forestry use

Burnie Interim Planning Scheme 2013 zone map modified to indicate land is assigned to Open Space zone

5. Zone translation Conversion from industrial and forestry purposes to suburban residential use for land immediately south of Singlines estate (CT 52558/1, CT 112547/1, CT 28368/1 and part CT 28062/1) off Mount Street and Old Surrey Road, Romaine –

a) is not a translation to the most corresponding PD1 zone; b) is supported by strategic analysis (Burnie Industrial Land

Strategy, Burnie Settlement and Investment Strategy) for conversion of industrial zone land to an alternate purpose;

c) is not supported by detailed strategic analysis to demonstrate

need for additional vacant zoned suburban residential against current vacant zoned suburban residential land stock.

Assign to Rural Resource zone

Burnie Interim Planning Scheme 2013 zone map modified to indicate land is assigned to Rural Resource zone

6. Zone translation Conversion of strategic purpose for land off West Moorevill Road north along Cooee Creek from primary industry, industrial and open space purposes to suburban and low density residential and open space use –

Burnie Interim Planning Scheme 2013 zone map modified to indicate –

a) land off West Mooreville Road and straddling Cooee Creek (CT 110685/1, CT 160408/1 and CT 155668/35 is assigned to the Rural Resource zone;

b) land north of West Mooreville Road and south of Brickport Road is assigned to the Open Space zone and the General Residential zone in accordance with the zone boundaries for the corresponding Open Space and Residential ‘A’ zones under the BPS 1989;

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a) is not a translation to the most corresponding PD1 zone;

b) is not supported by adequate strategic analysis to establish consistency with objectives and outcomes for CCR LUS for -

i. need for additional zoned land supply for suburban or

rural living purposes to meet predicted demand against current vacant zoned suburban residential land stock;

ii. land capability for residential use; and iii. likely impact on State and regional objectives to

protect and retain rural resource land for sustainable primary industry use, including by agriculture, forestry and extraction of minerals and construction materials

c) is supported by strategic analysis (Burnie Industrial Land Strategy, Burnie Settlement and Investment Strategy) for conversion of industrial zone land off west Mooreville Road to an alternate purpose;

Delete intention to convert land for suburban residential purposes and assign zones in general accordance to purposes existing under BPS 198; with exception of land zoned industrial which is to be zoned for an alternate purpose.

c) land at 62 and 64 West Mooreville Road, is assigned to the Open Space zone;

d) land off West Mooreville Road in CT 48161/3 is assigned to the Rural Resource zone

7. Ordinance Provisions

Heritage Code

The heritage Code is a mandatory provision and must apply for any building for which there is local protection under the current planning scheme.

Insert all buildings and places included on Schedule B BPS 1989 unless otherwise on the Tasmanian Heritage Register under the Historic Cultural Heritage Act 1995

The Burnie Interim Planning Scheme 2013 ordinance is modified to include in the Table to Code E5 – Local Heritage the buildings and places shown on Schedule B BPS 1989 that are not now on the Tasmanian Heritage Register.

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8. Ordinance provisions

The Burnie Interim Planning Scheme 2013 ordinance must be in accordance with the format and structure prescribed by PD1.

Revise content to –

a) contain only operational provisions and necessary instructions; and

b) insert applicable local provisions

Burnie Interim Planning Scheme 2013 ordinance is modified to be –

a) in accordance with revisions made to the approved version of the Cradle Coast Region template planning scheme. Approved regional provisions are contained in Content Management System and locked against editing. CMS automatically inserts approved State and regional provisions into local ordinance to ensure consistency between schemes for State and regional content

b) to insert local provisions CMS enables ready identification of local provisions against State and regional content

c) remove extraneous footnotes containing drafting instructions

9. Planning Scheme Maps

Burnie Interim Planning Scheme 2013 maps must be operationally accurate and provide all necessary information for practical use.

Revise planning scheme maps to –

a) precisely indicate features other than cadastre that define zone boundaries;

b) include fully detailed legends to establish map data source and production information;

c) indicate boundary of planning scheme area in accordance with definition

in LUPAA

d) adjust to align at western edge with municipal boundaries between Burnie and waratah Wynyard municipal districts

e) correct error with assigning land to Commercial zone rather than

General Residential zone for land off Edwardes Street, South Burnie.

Burnie Interim Planning Scheme 2013 maps modified to –

a) include notations to clearly establish each zone boundary that is not aligned to cadastre;

b) include a legend on each map sheet in accordance with the format and content common to hardcopy planning scheme maps for the interim planning scheme of each municipal area;

c) establish the boundaries of the planning scheme area by indicating –

i. the municipal boundary; and

ii. low water mark

d) zone only the land within the municipal boundary of the Burnie City area; and

e) delete application of the Commercial zone and instead assign the land off Edwardes Street,

South Burnie to the General Residential zone

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10. Consequential changes and drafting

The Minister’s directions require that consequential amendments be made within the text of the Burnie Interim Planning Scheme 2013 ordinance and on the planning scheme maps to ensure the document is operationally sound. It is also necessary to conduct final editing to clarify expression and to correct minor errors and omissions, provided such changes do not alter meaning or change purpose.

a) Revise draft ordinance provisions to –

i. make changes consequential to Minister’s s30D(6) direction; ii. clarify interpretation without implication for purpose or meaning; iii. remove any inconsistency with State legislation, policy or directions; iv. correct anomalies, errors, and omissions

b) revise presentation of maps to –

i. make consequential changes to accommodate amendments required

in Minister’s Notice; and

ii. correct errors and omissions

The Burnie Interim Planning Scheme 2013 ordinance is modified to –

i. make the changes described in Part A 1,2,3,4 and 5, and in Part B 7 and 8 above in accordance with the directions in the Minister’s Notice;

ii. incorporate editorial changes made to improve interpretation of –

a. the approved version of the Cradle Coast Region template planning scheme as contained in the Content Management Scheme; and

b. local provisions specific to the draft Burnie Interim Planning Scheme 2013;

iii. achieve consistency to State legislation, policy and direction by –

a. including the changes described in Part A 1,2,3,4 and 5, and in Part B 7 and 8 above in accordance with the directions in the Minister’s Notice; and

b. issue of a planning Purpose Notice by the Minister to ensure the provisions that ought over-ride a mandatory provision are able to operate as intended

iv. correct errors and omissions within the text of –

a. the approved version of the Cradle Coast Region template planning scheme as contained in the Content Management Scheme; and

b. local provisions specific to the draft Burnie Interim Planning Scheme 2013;

The Burnie Interim Planning Scheme 2013 maps are revised to –

i. make the changes described in Part A 1,2,3,4,and 5, and Part B 7 and 8 above in accordance with the directions in the Minister’s Notice; and

ii. correct errors and omissions in the content and presentation of the maps

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Attachment 2.

Dear Mayor

Draft Interim Planning Schemes

You will recently have received correspondence from the Minister for Planning advising the outcome of an assessment of your draft interim planning scheme and requesting a number of modifications before the scheme can be declared.

1. Response to the Minister’s Notice The Regional Planning Initiative Steering Committee encourages your Council to resolve to make the changes requested by the Minister and to submit a final draft interim planning scheme in accordance with the requirements detailed in the S30D(6) Notice.

Such a decision does not endorse the Minister’s position. It is simply an administrative action required to enable the Minister to declare an interim planning scheme without need to compel the modifications requested.

I can appreciate your Council may be disappointed that many of the changes initially anticipated as being delivered through introduction of an interim planning scheme may not have been allowed.

An interim planning scheme is very particular form of planning instrument in law and practice –

a) It is now understood the statutory purpose of an interim planning scheme is to deliver consistency between the planning schemes of adjacent municipal districts. An interim planning scheme is to translate a current planning scheme into a replacement planning scheme that has the format and structure required by the mandatory State template and that is likely to further the objectives and outcomes contained in the regional land use strategy.

The limitation on an interim planning scheme to renovate and make significant local strategic change through rezoning was not clarified until preparation of Cradle Coast draft interim planning schemes was well advanced. The Minister’s Notice indicates an interim planning scheme is not to make changes in the purpose for which land is zoned unless required by the Cradle Coast Regional Land Use Strategy and supported by sound local strategic evidence.

b) The Minister has indicated that the process for translation must be without loss or betterment to the interests and expectations provided to individual landowners and communities with respect to the purpose for which land may be used under the current planning scheme. A change in zone to promote an improved outcome for one group of landowners is perceived to carry risk for possible degradation in outcome for another group of landowners. The principles of procedural fairness require that all interested parties have opportunity to consider and comment on any change before it is given effect.

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The process for implementation of an interim planning scheme does not allow formal opportunity to consider change through the notification mechanism in advance of declaration. For this reason the interim planning scheme process does not enable change that is not consequential on consistent translation of zones into the mandatory format for new planning schemes or that is reasonably required for compliance to statutory outcomes, including the regional land use strategy.

c) The process for declaration of an interim planning scheme is unique in that it confers on the Minister a power to legislate and make an interim planning scheme.

In essence, an interim planning scheme is the document that represents the Minister’s opinion for what is required to best translate the current planning scheme into an instrument that is consistent in purpose and format with other planning schemes for the Region.

The process allows that each planning authority may introduce a draft replacement planning scheme for consideration by the Minister. However, it is the Minister alone who must decide on whether the draft interim planning scheme complies with the applicable statutory requirements. Although the Minister has requested certain matters be changed in each of the draft interim planning schemes, the Minister has the power to compel such change by instructing the Tasmanian Planning Commission to make the required modifications. It is known the Minister has exercised the power to force modification in respect of a draft interim planning scheme for a municipal district in the Northern Region. A planning authority may advise the Minister if a matter contained in the s30D(6) Notice is incorrect in fact or law; or if it has completed detailed strategic investigation since submitting the draft interim scheme in December 2012 to support a position contrary to that indicated in the Notice. However, the declaration process does not invite representation, negotiation, or independent hearing and assessment. It is not open for a planning authority to contest or debate interpretation of policy or the merits of a proposal for zoning change outside the statutory parameters applying for an interim planning scheme.

d) Once declared, a notification period must commence to enable the community opportunity to consider and comment on the interim planning scheme.

It is possible for a planning authority to make representations on its interim planning scheme. The process for assessment, hearing, and determination of representations at conclusion of the notification period allows possibility for change in the final planning scheme of a kind that are not constrained by the translation requirements applying for a draft interim planning scheme. The Steering Committee encourages that the matters not allowed by the Minister’s assessment be rigorously addressed through the representation process.

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I appreciate the suggested approach may be counterintuitive to elected members who seek to best support the interests of their municipalities by delivering planning schemes that reflect the aspiration of landowners and advance use and development. However, the preparation of a planning scheme is a statutory undertaking in which there is an obligation to deliver outcomes that are consistent with the objectives and processes required under the State land use planning system. As individual councils we do not have the autonomy or independence to pursue planning schemes that may be at odds with the broader intentions of the land use system. The decision on what may or may not be included in a planning scheme is always external to the planning authority. In this instant it is the Minister who can determine the final content of an interim planning scheme. For these reasons I encourage each Council to accept the Minister’s requirements without contest and finalise preparation of the draft interim planning scheme in order that they may be declared.

2. Notification of interim planning schemes Declaration will enable the interim planning scheme to be implemented; and the required notification period for community consideration and comment to commence.

The regional planning project has to date evidenced a high level of cooperation and coordination. It is the view of the Steering Committee that this approach should be maintained through a concurrent notification period for all interim planning schemes.

The Steering Committee consider that it is possible to commence and complete the statutory 2-month notification period before the end of 2013.

The program requires notification commence not later than 19th October 2013.

I am aware there a number of tasks to complete before notification can commence, and that deadlines are very tight. I am assured that it is possible to complete this significant phase of the project. However, if delays are experienced, the opportunity for implementation and notification must be deferred until next year in order to avoid overlap with the Christmas/ New Year period.

To achieve this deadline it is necessary that each Council resolve to submit the final draft interim planning scheme, and provide the necessary documents to the Minister before the end of September 2013.

The Steering Committee consider the notification and subsequent hearing process provides the best means by which each Council may address the issues for which the Minister requires modification. I support this position and suggest each Council be prepared to make fully evidenced submissions to support the changes that were not agreed by the Minister during the notification period.

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3. Role of the Steering Committee

The administrative process prescribed under the planning legislation for declaration of an interim planning scheme by the Minister is not particularly detailed.

The Minister has indicated a desire that he be provided with a statement of comfort confirming that each final draft interim planning scheme is in accordance with all application requirements, including those detailed in the s30D(6) Notice.

The Minister has requested that the Steering Committee undertake this administrative task rather than the Tasmanian Planning Commission.

The invitation evidences a level of confidence and trust in the Region’s capacity to deliver compliant outcomes, and instils an element of self-management for the processes associated with finalising draft interim planning schemes.

The Steering Committee has agreed.

The task is to review each of the final draft interim planning schemes to establish whether the modifications requested by the Minister have been made, and that each scheme is not otherwise different to the draft as submitted in December 2012.

The Steering Committee is not required to adjudicate if there is a difference between the position requested by the Minister and the views and opinions of a planning authority.

In the event a planning authority determines not to make one or more of the changes requested by the Minister, the Steering Committee will simply advise the Minister of the fact and indicate to the Minister that he is required to determine whether to instruct that the Tasmanian Planning Commission make the changes before the scheme is declared.

The planning scheme reform program has endured over an extended timeframe during which the Region has been more that diligent and effective in undertaking and completing the tasks assigned. It is testament to the perseverance of the Region that notwithstanding delays and changing positions of other parties, it has stuck to the commitments it gave under the Memorandum of Understanding with the Minister.

I am conscious of the apparent urgency associated with now getting the draft interim schemes declared and notified. The Steering Committee sees an opportunity to complete the tasks required under the Memorandum and deliver replacement planning schemes without further delay.

I therefore urge Council to resolve to make the modifications indicated in the Minister’s Notice and submit a final draft interim planning scheme.

Yours faithfully

Charles Arnold CHAIR – CRADLE COAST REGION PLANNING INITIATIVE STEERING COMMITTEE

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COUNCILLOR & DELEGATE REPORTS ITEM 1. 5TH AUSTRALIAN LANDFILL & TRANSFER STATION CONFERENCE Reporting Councillor Sally Haneveer Project & Environmental Officer – Debbi Delaney

ATTENDEES FROM KING ISLAND COUNCIL Debbi Delaney (Staff) and Sally Haneveer (Councillor)

REPORT FROM COUNCILLOR HANEVEER I must say that it was an honour to be asked to attend this Conference and I came away from the event with a greater understanding of landfill and waste management. I was fortunate to attend this conference with Debbi Delaney who was both professional and knowledgeable and I feel that we are very fortunate to have her as an employee.

I agree with Debbi when she says that “Waste Management is a significant industry within Australia and the world”, until I went to this conference, I had no idea of just how much this statement is true and what a regulated industry it is. As we move into the future, I feel that this will be even more so and it is only a matter of time before little rural areas like King Island will have to fully comply.

The first workshop we attended was regarding Landfill Gas. Although this workshop wasn’t relevant to King Island, I found it very informative. The main context focused on issues and opportunities associated with landfill gas and carbon management.

The next workshop I attended was called Planning for and around essential infrastructure and in this, one of the speakers, Stuart Dever, stressed the need for good landfill planning. He said that site selection for landfill/transfer station is critical and great consideration needs to be made in relation to geological and topographic issues. These points are critical in controlling the capacity and life span of the site. He reported that regular monitoring and having a ‘live document’ updating the status of the site was good governance and essential. At another workshop leachate was discussed, and this is known to be a global issue regarding old landfill sites.

Waste recovery was stressed, in various talks throughout the day and it was stressed to reduce, reuse and recycle! Waste should be treated as a resource and the modern concept is to take it to the Transfer Station, process it through a material recovery system and thus reuse, cutting down on landfill and extending your landfill’s life.

As stressed in Debbi’s report, the look of the transfer station is very important. If pride is placed in this facility, this pride will be reciprocated through the community. If you don’t care how your tip looks, no one else will either!

One issue I brought away from this conference was the need for waste planning, complying with regulations and working out the best practice to operate waste management facilities. Look for economic advantages in recycling waste, encourage communication and education with the public re waste management and work on future landfill plans. It was stressed to avoid ‘band-aid solutions’ start planning early for future waste management and engage the community.

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REPORT FROM DEBBI DELANEY:

WHAT STOOD OUT FROM THE CONFERENCE • Waste management is a significant industry within Australia and the world. • Landfill and waste management is a heavily regulated industry. • Diversion of waste from landfill is a priority globally. • Cost of waste diversion per tonne is usually cheaper than the cost of land filling per tonne. • Waste management practices are rapidly changing and developing. • The level of regulation and reporting for greenhouse / carbon accounting for landfills is enormous. • Management of tyres is an issue for many regional Councils. • There does not appear to be any solution for tyre management outside of metropolitan areas.

WHAT WAS CONCERNING • Increasing regulation and the cost of regulation. The requirements are the same, regardless of size of

the operation (except for carbon accounting - at this stage). WHAT WAS ENCOURAGING • The specifications of Parenna landfill are to a high standard for a small rural landfill. KEY INSIGHTS / LESSONS / IMPLICATIONS / MESSAGES • Practices we currently use at the Charles St landfill were described as ‘the past’ within the waste

industry. Charles St landfill and waste collection services do not meet basic waste management standards within Australia today.

• We do not want to trigger greenhouse reporting for King Island landfills. • In regional areas the cost of recycling was break even or a small profit. • Cost of infrastructure changes and staff resourcing to achieve change is significant. • In areas with public access, the more professional a site looks (e.g. quality of signage, curb &

channelling etc) the more respectful people behave and the more likely they are to for example self-sort waste.

WHAT THESE RESULTS MEAN IN TERMS OF FUTURE KING ISLAND WASTE PLANNING AND COULD BE APPLIED • At least in the first instance; re-use and the diversion of waste from landfill should be the first

priority within the King Island Council waste management strategy, as opposed to mainstream recycling of plastics etc. Some examples may be:

- Tip shop / recycling market. - Mulching of green waste and clean timber. - Crushing of concrete and glass.

• We are likely to see increasing pressure around the regulation and siting of Charles St inert landfill. Future planning should take this into consideration.

Recommendation: That the 5th Australian Landfill & Transfer Station Conference report be received.

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CLOSED COUNCIL


The General Manager has authority to direct certain matters to the Closed Council section of the Agenda. Council is required to move that the matters listed, be dealt with in ‘Closed Council’, and the resolution should specify the grounds on which the meeting is closed to the public. The following items are included in the Closed Council Agenda for the reason that the matters to be discussed are considered to relate to personal and/or staff issues, information that is commercial in confidence and/or matters relating to actual or possible litigation involving the Council or staff of the Council.

• Application for Leave of Absence

• Minutes of the Ordinary Meeting of council (Closed Council) 20 August 2013

• Accounts Paid

• Tender – Airport Terminal Upgrade

• Grassy Rock Crusher

• Deregistration of Cradle Mountain Water

Recommendation: That Council move into Closed Council to deal with confidential matters.

Documents

NOTICE OF MEETING AND AGENDA KING ISLAND COUNCIL