table of contents light regional council tuesday, 25 august 2015

TABLE OF CONTENTS for the meeting of

LIGHT REGIONAL COUNCIL

TUESDAY, 25 AUGUST 2015 Recommendations from Committee Meetings

IC9.5.1/2015 Strategic Infrastructure Funding Opportunities .................................................. 7

IC9.5.2/2015 Orchard Bridge - Bridge Renewal Program Funding Application ....................... 7

EDP9.3.1/2015 Kapunda Retirement Village ............................................................................ 8

EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works ............................... 8

AUD9.2.1/2015 Audit Committee Working Program for 2015/2016 Financial Year ................. 10

AUD9.2.2/2015 Council Members Allowances and Benefits Policy ........................................ 14

AUD9.2.3/2015 Treasury Management Performance Review 2014/2015 ............................... 20

AUD9.2.5/2015 Rate Hardship Policy, draft for consideration. ................................................ 21

AUD9.2.6/2016 Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers. ................................................................................... 28

AUD9.4.1/2015 Infrastructure & Asset Management Plan – Draft Inputs and Assumptions ............................................................................................................. 34

AUD9.4.2/2015 Gawler Water Reuse Scheme Project – Assessment of Financial Benefit 34

Reports for Information:

11.1 Parking Infringements................................................................................................ 35

11.2 Youth Forum – Refugee Welcome Zones .................................................................. 41

11.3 Finding My Place - Youth Life Skills Program ............................................................ 42

11.4 Resource Area Management and Planning Project (RAMP) ...................................... 44

11.5 Hewett Shared Use Path - Update............................................................................. 45

11.6 Roseworthy Township Expansion Development Plan Amendment (DPA) – August 2015 Update ................................................................................................. 46

11.7 Rural Buffers and Interface Management .................................................................. 47

11.8 Nominations sought for Local Government Association Mutual Liability Scheme Board .......................................................................................................... 48

Reports for Decision:

12.2.1 2014/2015 Financial Year Commitments Listing ........................................................ 50

12.5.1 Execution – Capital Road Works Funding Deeds ...................................................... 54

13.2.1 Christmas Closure 2015 ............................................................................................ 58

13.4.1 Nuriootpa West (Industry BVR Zone) Development Plan Amendment – Summary of Consultation and Proposed Amendments ............................................. 60

13.4.2 Local Nuisance and Litter Control Bill, 2015 .............................................................. 66

EDP12.1/2015 Kapunda Main Street – Urban Design Framework .......................................... 74

VISION Respecting the Past, Creating our Future.

ASPIRATION

Supporting community life through the provision of services, creating a healthy balance of urban and rural whilst fostering health, recreation,

learning, investment, jobs & transport opportunities.

AGENDA PAPERS

for the meeting of


in the COUNCIL CHAMBER

93 Main Street, Kapunda

TUESDAY, 25 AUGUST 2015 at 5:00pm

Principal Office: 93 Main Street Branch Office: 12 Hanson Street Kapunda 5373 Freeling 5372

Telephone: 8525 3200 Facsimile: 8566 3262

Mayor and Councillors, Notice is hereby given pursuant to the provisions of Section 83 (3) of the Local Government Act, 1999, that the next Ordinary Meeting of Council will be held in the Council Chamber, 93 Main Street, Kapunda on Tuesday, 25 August 2015 at 5:00pm A copy of the Agenda for the above meeting is supplied as prescribed by Section 83 (3) of the said Act. .................................................... Brian Carr CHIEF EXECUTIVE OFFICER

NOTICE OF MEETING

AGENDA MONTHLY COUNCIL MEETING HELD ON TUESDAY, 25 AUGUST 2015,

IN THE COUNCIL CHAMBER, 93 MAIN STREET, KAPUNDA, COMMENCING AT 5:00PM

1. PRESENT

2. OPENING

3. APOLOGIES AND LEAVE OF ABSENCE

Cr Keith Ellis Mudla Wirra Ward 4. MINUTES 4.1 Confirmation of Council Minutes

5. COMMUNICATIONS 5.1 Mayor’s Communications 5.2 Elected Members’ Reports 5.3 Schedule of Meetings Attended 5.4 Delegate / Representative Reports 5.5 Requested Documents/Correspondence to be Tabled

6. PETITIONS

7. DEPUTATIONS AND PRESENTATIONS 7.1 Deputations (Including Public Forum) 7.2 Youth Forum 7.3 Presentations

8. ADJOURNED BUSINESS

9. BUSINESS ARISING

10. MINUTES - COMMITTEE MEETINGS 10.1 Infrastructure Committee 10.2 Strategy Committee 10.3 Economic Development Panel 10.4 Audit Committee 10.5 Other

11. REPORTS FOR INFORMATION

12. STATUTORY REPORTS FOR DECISION 12.1 Chief Executive Officer 12.2 General Manager, Business & Governance 12.3 General Manager, Economic Development 12.4 General Manager, Strategy & Development 12.5 General Manager, Infrastructure & Environment

13. POLICY REPORTS FOR DECISION 13.1 Chief Executive Officer 13.2 General Manager, Business & Governance 13.3 General Manager, Economic Development 13.4 General Manager, Strategy & Development 13.5 General Manager, Infrastructure & Environment

14. PROCEDURAL MATTERS 14.1 Questions Without Notice 14.2 Questions On Notice 14.3 Notice Of Motion 14.4 Motions Without Notice

15. CONFIDENTIAL ITEMS

16. NEXT MEETING The next ordinary meeting of Light Regional Council will be held on Tuesday, 22 September 2015, commencing at 5:00pm in the Council Chamber, 93 Main Street, Kapunda.

17. CLOSURE

Council Agenda – Tuesday, 25 August 2015 2015/1

4. MINUTES 4.1 CONFIRMATION OF COUNCIL MINUTES 4.1.1 Minutes of the meeting of Council held Tuesday, 28 July 2015. 4.1.2 Confidential minutes of the meeting of Council held Tuesday, 28 July 2015. Recommendation • That the minutes and confidential minutes of the meeting of Council held Tuesday, 28 July

2015 be confirmed as a true and correct record of that meeting. 5. COMMUNICATIONS 5.1 MAYOR’S COMMUNICATIONS

5.2 ELECTED MEMBERS’ REPORTS Elected members are reminded to submit their list of meetings and activities to the Minute taker should they wish to have these recorded in the minutes. 5.3 SCHEDULE OF MEETINGS ATTENDED 5.4 DELEGATE / REPRESENTATIVE REPORTS 5.5 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED 5.5.1 Ann Rowett – Condition of road St Kilda Drive

Hansborough. Appendix: 5.5A - A Rowett & B Hancock correspondence 6. PETITIONS 7. DEPUTATIONS AND PRESENTATIONS 7.1 DEPUTATIONS (Including Public Forums)

7.1.1 Sandy Lucas – Kapunda Residents request for Foodland Buffer Zone

Appendix: 7.1A - Deputation Request Mrs Sandy Lucas of Kapunda has been invited to attend the meeting to make a ten (10) minute presentation to Council and to receive questions from elected members Deputation Protocol • A deputation may be made by a person or group who wish to appear personally before a Council or Council

committee meeting in order to address the Council or committee. • The written request must be received at the principal office of the Council five (5) clear days prior to the day on

which the meeting where the deputation is sought to be presented is scheduled. This will ensure that Council officers can liaise with the relevant Presiding Member, and make arrangements to list the deputation as an item on the agenda, prior to the agenda being distributed.

• A person appearing as a deputation must be present in the gallery and must stand when the Mayor reads their name.

• The person will be allowed to speak on an issue for a maximum of ten (10) minutes. The Presiding Member may allow for additional time.


7.2 YOUTH FORUM 7.2.1 Lily Armstrong – Creating a Community that welcomes

Refugees Appendix: 7.2A - Youth Forum Request Ms Lily Armstrong of Greenock has been invited to attend the meeting to make a 4 minute presentation to Council in relation to creating a community that welcomes refugees and to receive questions from elected members.

Youth Forum Protocol • Participants in the youth forum shall register in writing for the right to do so with Council’s Chief Executive Officer

at least five (5) clear days prior to the Council meeting. • Youth submitting questions or statements must be present in the gallery and must stand when the Mayor reads

their name. The person will read their statement or question (which may include a short statement in support thereof).

• Each presentation shall be limited in total to four (4) minutes in order that Council can receive a maximum of 5 representations per youth forum.

7.3 PRESENTATIONS 7.3.1 Horse SA Ms Julie Fiedler representing Horse SA has been invited to attend the meeting to make a ten (10) minute presentation to Council and to receive questions from elected members 8. ADJOURNED BUSINESS 9. BUSINESS ARISING

Arising from Meeting of Tuesday, 25 September 2012

10.5 General Manager, Infrastructure & Environment

10.5.1 Reclassification of Gomersal Road

242

Local Roads Advisory Committee (LRAC) has agreed to the road exchange and is now seeking Ministerial agreement.

Ongoing

Arising from Meeting of Tuesday 22 October 2013

13 Confidential – Ongoing/Completed/Agenda (only record either one of these as status)

13.4 Recovery of Long Term Rate Debt – Owners Deceased

(also refer Item 13.1 of 28 January 2014 meeting)

325 Application pursuant to Section 185 of the Local Government Act 1999 submitted to the Minister for Sustainability, Environment and Conservation for the properties to be vested in Council and in turn transferred to the adjoining landowners as per the respective agreements. Departmental advice (17/6/2015) suggests that a Recommendation for Approval is progressing through the Department’s management structure. Project signoff was not achieved by 30 June 2015. Further contact with a department officer on 23 July 2015 indicates that the matter is still being progressed through the Department’s management structure prior to submission to the Minister.

Ongoing


Arising from Meeting of Tuesday 28 January 2014

10.3 General Manager, Strategy & Development

10.3.1 Kara Resource Pty Ltd – Mining Lease Application – Review of Final Version – Lot 2 Nain Road, Greenock

4 No further update at this time to the report provided within June 2015 Council Agenda.

Ongoing

10.2 General Manager, Business & Governance

10.2.3 Road Closure & Disposal – Public Road 1636 – Extension of Gill Road Morn Hill

8 Will proceed when Cemetery land transferred to adjoining landowners following the consent of the Minister for Sustainability, Environment & Conservation pursuant to Section 185 of the Local Government Act 1999. (Refer to Item 13.4 of 22/10/2013)

Ongoing


13.1 Recovery of Long Term Rate Debt – Owners Deceased

(also refer Item 13.4 of 22 October 2014 meeting)

13 Application pursuant to Section 185 of the Local Government Act 1999 submitted to the Minister for Sustainability, Environment and Conservation for the properties to be vested in Council and in turn transferred to the adjoining landowners as per the respective agreements. Refer to Item 13.4 of 22/10/2013.

Ongoing

Arising from Meeting of Tuesday 27 May 2014

10.1 Chief Executive Officer

10.1.3 Kapunda Lifestyle Retirement Village Concept – Oldham Street, Kapunda

102 Agenda

12.5 Motions without Notice

7.2.1 Seppeltsfield – Growth in Accommodation needs

95 Land Division application being presented to Council’s Development Assessment Panel for decision at next meeting on 2 September 2015.

Ongoing

Arising from Meeting of Tuesday 22 July 2014


14.1 Recovery of Long Term Rate Debt – Road Plan 2869/A – H Wheare

312 Application pursuant to Section 185 of the Local Government Act 1999 submitted to the Minister for Sustainability, Environment and Conservation for the property to be vested in Council and in turn transferred to the adjoining landowners as per the respective agreements. Refer to Item 13.4 of 22/10/2013.

Ongoing

Arising from Meeting of Tuesday 28 October 2014

13.3.2 Council’s Development Assessment Powers Further Eroded by Government - Notice of Motion from Cr Deane Rohrlach

371 Light to table this with the incoming LGA President in November 2015 in an attempt to gain traction on the matter.

Ongoing


Arising from Meeting of Tuesday 25 November 2014


11.1.3 Allowances and Benefits Payable to Council Members

382 Agenda

11.3 General Manager, Economic Development

11.3.1 Old Adelaide Road, Kapunda

384 Ongoing

Arising from Meeting of Tuesday 9 December 2014


EDP12.1/2014 Old Adelaide Road, Kapunda – CR Lindner

Nominees Pty Ltd (Commercial in Confidence)

410 Ongoing

Arising from Meeting of Tuesday 27 January 2015

11.5 General Manager, Infrastructure & Environment

11.5.2 Park Range Estate – Creation of Allotments.

41 Lots 3,4 & 5 have all been sold. Lots 1 & 2 remain on the market. Staff will prepare for community consultation for the remaining works in the reserve.

Ongoing

Arising from Meeting of Tuesday 24 February 2015


11.2.2 Rate Review Methodology Fixed Rate Method

74 Ratepayer survey issued, 233 survey responses were received of which 120 responses were applicable to the Single Farm Enterprise criteria of the Local Government Act 1999. The survey has indicated that of the 535 rateable assessments meeting the Act criteria, 415 would be exempted from a proposed Fixed Charge. The data will now be updated to Council’s rates models to gauge the effect of any future proposal. A further report will be presented to Council in due course.

Ongoing


11.4.1 Pines Reserve – Update of Activities and Plans for Overnight Group Camping Facilities

74 Further investigation of policy considerations underway as per Council resolution.

Ongoing

Arising from Meeting of Tuesday 24 March 2015


11.2.4 Occupation of land – Corner of Mildred and Nash Streets Kapunda

112 Instructions issued to Norman Waterhouse Lawyers.

Ongoing 11.2.5 Compulsory Acquisition of Land – Marrabel

Road Hamilton 112 Instructions issued to Norman Waterhouse

Lawyers. Ongoing



11.4.1 Deed of Agreement for Acceptance of Financial Contribution in Lieu of Car Parking Provisions – Ciborex Pty Ltd

114 Council resolved to enter into Deed with Ciborex P/L at its March Council Meeting and is awaiting documentation from the applicant.

Ongoing


EDP12.1/2015 Kapunda Main Street – Urban Design Framework

118 Ongoing

Arising from Meeting of Tuesday 26 May 2015

14.4 MOTIONS WITHOUT NOTICE

14.4.2 Zerk Road condition 192 Ongoing

Arising from Meeting of Tuesday 23 June 2015

13. POLICY REPORTS FOR DECISION


13.4.1 Garage Sale Trail Initiative

205 As mentioned at the July Council meeting, community feedback has not been supportive of participating in this initiative.

Completed

14. PROCEDURAL MATTERS

14.3 NOTICE OF MOTION

14.3.1 Development of an Indoor Recreation Facility at the Freeling Recreation Park – Notice of Motion by Cr Robert Kerin

207 Ongoing


15.2 Kapunda Main Street – Urban Design Framework

208 Ongoing

Arising from Meeting of Tuesday 28 July 2015

12. STATUTORY REPORTS FOR DECISION


12.2.1 Council Delegations – Annual Review

226 Completed

12.2.2 Internal Review of Council Decisions – Procedure Review

231 Completed

12.2.3 Central Local Government Region of South Australia, Notice of AGM and Future Directions Update

240 Completed

12.2.4 Council Member Training and Development – Policy Review

237 Completed

12.3 General Manager, Economic Development

12.3.1 Five Shillings Estate – Advancement of Stage 1B Civil Works

241 Agenda



12.4.1 Kapunda Rail Trail – Railway Corridor Ground Licence

241 DPTI Terms and Conditions for issuing of Licence have been formally accepted as per Council’s resolution and relevant documentation returned to the DPTI.

Completed 12.4.3 By-Law Review 2015 240 The endorsed draft By-laws have been placed

on public exhibition as per Council’s resolution. Submissions are due by COB on 2 September 2015.

Ongoing

13. STATUTORY REPORTS FOR DECISION


13.1.1 Shandong China

242 Correspondence distributed to appropriate organisations and persons mentioned in the resolution. CEO to follow up with RDA Barossa and other stakeholders.

Ongoing


13.2.1 Restoration of Indexation for Financial Assistance Grants

243 Completed


13.4.1 Gawler Water Reuse Scheme Project 243 Assessment of financial benefit reported to Audit Committee Meeting on 18 August 2015. Management workshop to develop draft Project-specific treasury management policy scheduled for 4 September 2015.

Completed

14.3 Notice Of Motion

14.3.1 Kapunda Main Street – Light Pole Banner Initiative – Notice of Motion by Cr Deane Rohrlach

244 Report to be presented to the September Council meeting

Ongoing

14.4 Motions Without Notice

14.4.1 Parking on Road Verges Agenda

15. Confidential Items


15.1 Kapunda Main Street – Urban Design Framework

245 Ongoing

AUD12.1/2015 Tenders for provision of External Audit Services

246 Item to be released at next Review of Confidential items.

Completed


10. MINUTES – COMMITTEE MEETINGS Before considering the Recommendations of the Committees, the Mayor may request the Chair of each Committee to provide clarifying comments on the Recommendations up for consideration.

Elected Members may choose to adopt the proposed Recommendations as presented (by consensus), or discuss each matter individually by withdrawing an item from the table prior to any consensus consideration.

A consensus consideration means that a number of individual recommendations will be considered together, as one unit, by the Council (en bloc). 10.1 INFRASTRUCTURE COMMITTEE Recommendation 1 That the Agenda, reports and minutes of the meeting of the Light Regional Council Infrastructure Committee held Wednesday, 5 August 2015 be received. (Items for withdrawal / discussion / consensus)

Recommendation 2 That the reports and recommendations of the meeting of the Light Regional Council Infrastructure Committee held Wednesday 5 August 2015, numbered 1 to 2 as listed below, be adopted. 1. IC9.5.1/2015 Strategic Infrastructure Funding Opportunities

Folder ID: 54119 Author: Richard Dodson, General Manager Infrastructure and Environment Recommendation That the Council: 1. Acknowledge the various funding sources available for infrastructure projects;

and 2. Adopt these funding philosophies when considering future strategic infrastructure

projects.

2. IC9.5.2/2015 Orchard Bridge - Bridge Renewal Program Funding Application

Folder ID: 54119 Author: Richard Dodson, General Manager Infrastructure and Environment Recommendation That the Council: 1. Support the allocation of up to $250,000 from the 2015/2016 budget as a matching

contribution to a Bridge Renewal Funding application for the replacement of Orchard Bridge with a suitable new bridge; and

2. If the funding application is successful, pursuant to Sections 38 and 44 of the Local Government Act 1999, authorise the Mayor and Chief Executive Officer to sign and affix Council’s common seal to legal documentation required to facilitate the provision of funding.


10.2 STRATEGY COMMITTEE NIL REPORTS 10.3 ECONOMIC DEVELOPMENT PANEL Recommendation 1 That the Agenda, reports and minutes of the meeting of the Light Regional Economic Development Panel held Thursday, 20 August 2015 be received.

(Items for withdrawal / discussion / consensus)

Recommendation 2 That the reports and recommendations of the meeting of the Light Regional Council Economic Development Panel held Thursday, 20 August 2015 numbered 1 to 2, as listed below, be adopted.

1 EDP9.3.1/2015 Kapunda Retirement Village

Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Recommendation That in relation to EDP9.3.1/2015 Kapunda Retirement Village, Council resolves:

1. That the Chief Executive Officer (who may delegate to the General Manager, Economic Development) to undertake a Tender Process in accordance with Council’s Policies and Procedures inviting the three candidates who had previously lodged an Expression Of Interest, to build, sell and manage the proposed 15 Unit retirement development on the Oldham Street site (previous Kapunda Bowling Club now in the ownership of Council).

2. That a preferred tenderer be selected by management for the purpose of:

• obtaining accurate and fixed costs for the ‘build’ component; and • finalising negotiations on management fees, capital contributions, the

production of required documentation and verification of ability to meet the rules and requirements under the Retirement Villages Act

3. That a further report be submitted to Council on this matter before any

contractual arrangements are entered into.

2 EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works

Author: John Shane, Consultant Report Presenter: James Miller, General Manager, Economic Development Recommendation That in relation to EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works:-

1. Council acknowledges the importance of stimulating Kapunda residential growth to support the economic base of the Kapunda Township and surrounds.

2. Council recognises that it is in the public interest for the development of 5 Shillings Estate of 330 Allotments to be progressed.


3. Council supports the amended 20 allotment land division proposal as previously endorsed at its ordinary meeting of August 2012.

4. Council acknowledges the potential benefits that a 35 allotment proposal would bring to stimulating residential growth in Kapunda as outlined in the Economic Development Panel report, however is concerned at the impact on Council’s overall financial position in the context of recent substantial loan borrowings having been undertaken for various projects. To that end, Council reserves it position in relation to this initiative until such time as a further report is presented back which thoroughly examines the financial implications on the organisation, with particular attention on the following:-

• What impact will this initiative have on the 2015/16 annual budget and four year financial plan;

• What is the extent of un-budgeted expenditure (loan borrowings) already pledged via resolution;

• Implications on the net financial liabilities ratio; • Likelihood into take up rates of the 35 allotments over a six year period.

5. Council authorise the Chief Executive Officer to extend the operative life of the approval subject to his determination that documentation containing all of Councils requirements have been prepared and signed to his satisfaction.

Recommendation 3 That Item EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting of the Light Regional Economic Development Panel held Thursday, 20 August 2015 be considered by the Council under the confidential session of this Agenda.


10.4 AUDIT COMMITTEE Recommendation 1 That the Agenda, reports and minutes of the meeting of the Light Regional Council Audit Committee held Tuesday, 18 August 2015 be received.

(Items for withdrawal / discussion / consensus)

Recommendation 2 That the reports and recommendations of the meeting of the Light Regional Council Audit Committee held Tuesday, 18 August 2015 numbered 1 to 7, as listed below, be adopted.

1 AUD9.2.1/2015 Audit Committee Working Program for 2015/2016 Financial Year

Report Presenter: Richard Michael, General Manager, Business & Governance Recommendation That the Light Regional Council Audit Committee having received the report provided in relation to the Audit Committee Working Program recommends to Council; 1. That Council acknowledges the proposed 2015/2016 year work program for the Audit

Committee detailed as follows;

Light Regional Council – Audit Committee Working Program (July 2015 to June 2016)

(Proposed at 18 August 2015 meeting)

Program Topic

Sub-Program Priority (in

numerical order)

Projected End Date

Project Status (to be updated during the 2015/2016 financial

year)

Initial Work Program Commentary

Annual Business Plan and Annual Budget

1. Review Budget and Annual Business Plan for the 2015/2016 financial year and provide commentary and or recommendation to Council

Priority 2

June 2016

Updates to be inserted at scheduled program review.

Implement timetable for preparation and adoption of 2016/2017 Annual Business Plan and Budget. Target date for adoption Tuesday, 28 June 2015. Budget Framework documentation to include; • Review 2015/2016

process for refinement, build on process enhancement.

• Elected Member workshop participation and formal review at critical points;

• Consideration of timing of and public consultation method;

• Review workforce plan, budget bid process, multi-year commitments, IAMP, other internal business unit plans, current year Council resolution impacts.

• Review financial sustainability indicators and review 4 year and Long Term Financial Plan.

• Review public consultation strategy and documentation issued for enhancement.

• Review EM/CEO/GM financial reporting strategies;


• Review CEO’s Strategic Finance Committee strategy for currency, track and refine as appropriate.

2. Review delivery

of quarterly budget reconsiderations and other financial reporting matters.

Priority 3 Qtr. 1 November 2015, Qtr. 2 February, 2016, Qtr. 3 April 2016, Qtr. 4 - as part of EOY work


The presentation of financial data to Council should be reviewed for its appropriateness and timeliness in line with legislative requirement. First review will be dependent upon the finalisation of 2014/2015 Annual Financial Statements.

3. Preparation of Annual Financial Statements

Priority 1 November 2015


Consideration of completed and audited Annual Financial Statement for the 2014/2015 financial year prior to consideration by Council.

4. Review General Rates Methodology

Priority 1 June 2016 Updates to be inserted at scheduled program review.

Carry over from 2014/2015 financial year. Review general rate methodology and equity in line with Rating Panel discussion of June 2014 and ‘Single Farm Enterprise’ survey undertaken in early 2015.

Strategic Planning

1. Review Long Term Financial Plan

Priority 2 June 2016


To coincide with development of the 2016/2017 Annual Business Plan and Budget. Objective is to maintain operating deficit reduction to balanced Income Statement at 2018.

2. Review Target Financial Indicators


As above. Amended financial sustainability targets to be set with revised Long Term Financial Plan.

3. Review Infrastructure & Asset Management Plan (IAMP)

Priority 2

March 2016


Carry over project from 2014/2015 financial year. Project occurring as part of strategic document review to coincide with development of the 2015/2016 Annual Business Plan and Budget. Re-modelling of IAMP (in particular infrastructure data) to fine tune depreciation and capital renewal programs to continue.

4. Development Land & Buildings IAMP Chapter

Priority 1 March 2016


Carry over project from 2014/2015 financial year. Finalise preparation of Land & Buildings IAMP Chapter for presentation to Audit Committee and Council.

5. Oversee IAMP Internal Working Committee


Carry over project from 2014/2015 financial year. Provide policy discussion for matters relating to systems


improvement, asset recognition and depreciation. Review IAMP Maturity Assessment program progression plan.

Policy, Procedure and Internal Financial Controls

1. Review operations of Treasury Management Policy.

Priority 1 December 2015


Treasury Management Policy and annual operations to be reviewed in line with completion of 2014/2015 Annual Financial Statements.

2. Prepare appropriate policy documents having reference to the Local Government Authority’s Financial Sustainability and Business Excellence programs.


Policy documents are subject to continuous review. Complete policy review as per adopted process. In particular review the following policies and associated guidelines; • Hardship • Sale & Disposal of

Assets • Asset Management

and Capitalisation • Rate Rebate • Debtor Management • Procurement

(procedural development through Barossa Region Procurement Group collaboration)

• Corporate Purchasing Card

• Motor Vehicle Management

• Council Members Training & Development

• Audit Committee • Public Consultation • Fraud & Corruption

Prevention • Internal Control • Order Making • Local Government

Land By-Law • Separate Rate • Treasury Management

(Project Specific) • Others (as required)

3. Review of Internal Financial Controls

Priority 1 December 2015 (Interim Update) March 2016 (Interim Update) June 2016


Deloitte’s Electronic Control Assessment & Management System commenced. Implementation of program, compliancy requirement from 2015/2016 financial year. Continual review of operational processes to meet separation of duty and control functions, and to meet auditor requirements.

4. Rates Debt Priority 2 June 2016 Updates to be inserted at scheduled program review.

Carry over project from 2014/2015 financial year. Awaiting Ministerial sign-off for process undertaken in accordance with Section 185 of the Local Government Act 1999. Review program of events to


progress actions associated with Local Government Act section 184 (sale for non-payment of rates) and section 185 (land acquisition and disposal by Ministerial approval) procedures commenced by Council resolution. • Review potential

property sales under section 184 process.

• Obtain Ministerial approval to proceed with section 185 process and transfer those 18 properties in accordance with agreed negotiations.

• Progress actions on remaining anomalous properties

• Review 2014/2015 EOY debtor listing to ascertain need for further collection activity.

Audit Committee Operational Review

1. Review Audit Committee Annual Performance

Priority 4

November 2015


Annual review to include consideration of the Committee’s Terms of Reference and Policy Statement. The Committee resolved at its February 2012 meeting to carry out its annual review at the conclusion of each financial year’s operations. It is customary for the Independent Chairman to make a presentation to the Council on the Committee’s operations.

2. Consider Council’s Independent Auditor report in regard to the specifications for and outcomes of the Audit program.

Priority 1 December 2015 (final 2014/2015 audit) June 2016 (interim 2015/2016 audit)


Twice annually, following the Interim and Annual Audit programs undertaken by Council’s external Auditor, present Auditor reports to the Committee for consideration and action (if required). Invitation will be extended to the Auditor to speak to the Committee following the Annual Audit program at the time of preparing the Annual Financial Statement.

3.Review Council’s obligations under Section 130A of LG Act 1999 (i.e. the conduct of an efficiency and economy audits)

Priority 2

November 2015


Considered as part of the Committee’s review of annual operations.

4. Review status of Audit Committee’s July 2015 to June 2016 Working Program

Priority 3 November 2015 February 2016 June 2016


The intent of this Sub Program was to have regular reviews of the program to ensure that the adopted working program is progressed.


2 AUD9.2.2/2015 Council Members Allowances and Benefits Policy Folder ID: 24013 Report Presenter: Richard Michael, General Manager, Business & Governance

Recommendation That the Light Regional Council Audit Committee recommends to Council that it adopts the following Council Members Allowances and Benefits Policy; inclusive of the highlighted adjustments:

Council Members Allowances and Benefits Policy Reference Number: Section 6 No. 23 Responsible Department: Business & Governance Related Policy/Procedure: 2.2 Elected Members Code of Conduct,

6.1 Council Members Training & Development Policy, 6.10 Caretaker Policy, 6.19 Elected Members Electronic Communication and Equipment Procedure. Register of Allowances and Benefits

Date of Adoption: 25 August 2015 Minute Reference: Update upon resolution Version Number: Original Applicable Legislation: Sections 76 to 79, Local Government Act 1999

Local Government (Members Allowances and Benefits) Regulations 2010

Next Review Date: 1 November 2016 Review Frequency: Aligned with general Council Elections and each

second year thereafter.

1. Introduction

Light Regional Council will ensure that the payment of Council Members’ allowances, the reimbursement of expenses and the provision of benefits by the Council is accountable and transparent and in accordance with the Local Government Act 1999 (“the LG Act”) and the Local Government (Members Allowances and Benefits) Regulations 2010 (“the Regulations”).

2. Policy Scope

The policy applies to all elected Council Members, including the principal member (the Mayor) and encompasses the benefits which might be provided to Council Members by the Light Regional Council in enabling the council members to undertake their representative duties. Any additional benefits received by Council Members from individuals or organisations outside of the Council will be managed and recorded in accordance with the mandatory Code of Conduct for Council Members published from time to time by the State Government, the LG Act and its Regulations. This Policy shall be read in conjunction with Council’s policy number 6.1 Council Members Training & Development Policy in terms of payments and reimbursements of expenses incurred for professional development opportunities.

3. Definitions

“benefit” is something that is helpful to or favourable for Council Members in the course of, or related to the performance of, the Council Member’s role, functions or duties. The details of such benefits, whether they are paid or payable for, or, provided to the Council Member by the Council, must be recorded in the Register of Allowances and Benefits.

“council members” means a person or persons duly elected or appointed as a councillor for the


Light Regional Council area and includes the Mayor and Deputy Mayor. “eligible journey” means a journey (in either direction) between the principal place of residence,

or a place of work, of a member of the council, and the place of a prescribed meeting. “prescribed meeting” in relation to a member of a council, means a meeting of the council or

council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity which is directly or closely related to the performance or discharge of the roles or duties of the member.

4. Responsibilities

4.1 All Council Members have an obligation to abide by this Policy. This obligation extends to the requirements of codes, policies and procedures prepared by the State, the local government sector generally, and Council; and further extends to the provision and keeping of records and the appropriate use of Council owned equipment and resources.

4.2 Council’s Chief Executive Officer or other council officer as delegated, has the duty to:

4.2.1. maintain the Register of Allowances and Benefits as required by the LG Act and Regulations;

4.2.2. initiate a Consumer Price Index (‘CPI’) review of allowances paid to Council

Members (to be adjusted on the first, second and third anniversaries of the relevant periodic elections to reflect changes in the CPI under the scheme prescribed by the Regulations); and

4.2.3. ensure that a copy of this Policy is provided to all Council Members and that copies of this Policy are available for inspection by the public at the principal office of the Council.

4.2.4. implement and monitor expense reimbursement procedures in accordance with the

LG Act, the Regulations, this Policy and any associated procedure.

5. Policy Statement

5.1 Council Members should not be out-of-pocket as a result of performing and discharging their Council functions and duties.

5.2 Council Members are entitled to be provided with a range of necessary facilities and support and to be reimbursed for expenses in performing or discharging their official functions and duties.

5.3 Any reimbursements claimed by Council Members must be for expenses actually and necessarily incurred in performing and discharging their official Council functions and duties.

6. Allowances

6.1 Council Member allowances are determined by the Remuneration Tribunal on a 4 yearly basis before the designated day in relation to each set of periodic elections held under the Local Government (Elections) Act 1999.

6.2 An allowance determined by the Remuneration Tribunal will take effect from the first

ordinary meeting of the Council held after the conclusion of the relevant periodic election. Allowances are adjusted annually, refer to clause 4.2.2.

6.3 Council has resolved to pay the allowance quarterly in advance in the months of

November, February, May and August each year. Where a council member discontinues service or becomes a member of council as consequence of a supplementary council election, an adjustment to the allowance paid or payable is made at the time.

6.4 An additional allowance is also payable for Council Members who are presiding members

of other committees (excluding the deputy mayor). A sitting fee might also be payable where mandated through the terms of reference of a council related committee, working


party or authority. 6.5 A Council member may decline to accept payment of an allowance (section 76(12) of the

LG Act) or sitting fee. 6.6 Pursuant to the determination made by the Remuneration Tribunal (which may be

amended by the Tribunal from time to time), Council Members (excluding Principal Members) of non-metropolitan Councils are eligible for payment for a travel time. Refer to the gazetted Remuneration Tribunal Determination and Criteria.

If eligible, this payment is made to a Council Member in addition to any entitlement to reimbursement of expenses incurred.

7. Mandatory Reimbursements per Section 77(1)(a)of the Act

7.1 Council Members are entitled to receive reimbursement for travelling expenses actually and necessarily incurred by the Council Member for travel within the Council area and associated with attendance at a “prescribed meeting” (section 77(1)(a) of the LG Act).

7.2 Reimbursement for travel expenses is restricted to eligible journeys provided the journey is

by the shortest or most practicable route and to that part of the journey within the Council area. Any travelling outside the Council area in order to attend Council or Council committee meetings is not reimbursable under section 77(1)(a) of the LG Act. For reimbursement for travel outside the Council area refer to “Prescribed and Approved Reimbursements” below at Clause 8.

7.3 Where a Council Member travels by private motor vehicle, the rate of reimbursement is at a rate equal to the appropriate rate per kilometre (determined according to the engine capacity of the vehicle) prescribed for the purposes of calculating deductions for car expenses under section 28.25 of the Commonwealth’s Income Tax Assessment Act 1997.

7.4 Council Members may aggregate claims for reimbursement of expenses that relate to

journeys that do not exceed 20 kilometres and then claim them for reimbursement on a quarterly basis in arrears. (See clause 8).

7.6 Council Members are entitled to reimbursement for child and or dependent care expenses actually or necessarily incurred by the Council Member as a consequence of the Council Member’s attendance at a prescribed meeting. Child and or dependent care is not reimbursed if the care is provided by a person who ordinarily resides with the Council Member.

8. Council Approved Reimbursements per Section 77(1)(b)of the Act.

8.1 Section 77(1)(b) of the LG Act provides that the Council may approve the reimbursement of additional expenses as set out in the Regulations incurred by Council Members, either on a case-by-case basis or under a policy adopted by Council. This Policy sets out the types of approved expenses that may be reimbursed. These are:

8.1.1 an expense incurred in the use of a telephone, facsimile or other telecommunications device, or in the use of a form of electronic communication, on the business of the Council where the devices are not supplied by Council;

8.1.2 travelling expenses incurred by the Council Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 77(1)(a) of the LG Act);

8.1.3 travelling expenses incurred by the Member in undertaking an eligible journey to the extent that those expenses are attributable to travel outside the area of the Council;

8.1.4 expenses for the care of a child of the Member, or a dependent of the Member requiring full-time care incurred by the Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for


which the member is reimbursed under section 77(1)(a) of the LG Act); and

8.1.5 expenses incurred by the Member as a consequence of the Member’s attendance at a conference, seminar, training course or other similar activity which is directly or closely related to the performance or discharge of the roles and duties of a Council Member (other than for which the member is reimbursed under section 77(1)(a) of the LG Act).

For the purposes of this Policy, and pursuant to section 77(1)(b) of the LG Act, the Council approves the reimbursement of additional expenses of Council Members as described below. 8.2 Travel

Pursuant to section 77(1)(b) of the LG Act the Council delegates to the Chief Executive Officer (who may sub-delegate to an appropriate council officer) the power to review and approve the reimbursement of the cost of travel to a function or activity on the business of the Council or closely related thereto; and in undertaking an eligible journey to the extent those expenses are attributable to travel outside the area of the Council. Conditions attached to this clause include;

8.2.1 travel both within and outside the Council area must be incurred by the Council Member as a consequence of attendance at a function or activity on the business of Council. A ‘function or activity on the business of the Council’ includes official Council functions including Mayoral/Chairperson receptions, opening ceremonies, dinners, citizenship ceremonies and official visits etc.; inspection of sites within the Council area which relate to Council or Committee agenda items; meetings of community groups and organizations as an authorised Council representative.

8.2.2 reimbursement is restricted to the shortest or most practicable route. 8.2.3 where a Council Member travels by private motor vehicle, the rate of reimbursement

is as stated in Clause 7.3. 8.2.4 car parking fees will be reimbursed (where they are a consequence of a Council

Member attending a function or activity on the business of the Council). 8.2.5 travel by taxi, bus, airplane or other means of public transport will be reimbursed on

the basis of being expenses where they are incurred as a consequence of the Member’s attendance at a function or activity on the business of the Council however such travel must still be by the shortest or most practicable route.

8.2.6 There shall be no travel time payment unless authorized by the determination made

by the Remuneration Tribunal. Refer to Clause 6.6.

8.3 Care and Other Expenses Pursuant to section 77(1)(b) of the LG Act the Council delegates to the Chief Executive Officer (who may sub-delegate to an appropriate council officer) the power to review and approve the reimbursement of: 8.3.1 Expenses incurred for the care of a child of a Council Member or a dependent of the

Council Member requiring full time care as a consequence of the Council Member’s attendance at a function or activity on the business of Council (other than expenses for which the Member is reimbursed under section 77 (1)(a) of the LG Act).

8.3.2 Expenses incurred by the Council Member as a consequence of the Council Member’s attendance at a conference, seminar, training course or other similar activity that is directly or closely related to the performance or discharge of the roles or duties of the Council Member (other than expenses for which the Member is reimbursed under section 77(1)(a) of the LG Act).

Expenses will only be reimbursed for attendance at conferences, seminars, etc which have been approved by Council, annual budgetary appropriations or under delegation/policy, e.g. under Council’s “Council Member Training and Development


Policy”.

Where attendance at the conference, seminar etc is approved the following types of expenses can be reimbursed at actual cost: airfares (economy class), registration fees, accommodation, meals, taxi fares, car parking and incidentals. Where possible, the Council’s administration will coordinate travel arrangements and accommodation stays to maximise business rate opportunities. Council’s administration will co-ordinate the most cost effective and convenient domestic or international airfares by economy class with additional travel arrangements and accommodation expenditures also being co-ordinated in a cost effective and convenient manner to maximise the availability of discounted tariff opportunities.

8.3.3 Expenses incurred in the use of a telephone, internet, facsimile or other communication device on the business of the Council, e.g. Internet connection costs, computer software, applications for iPad, printer cartridge, contribution towards mobile telephone account, where these have not already been provided by the Council.

8.4 Facilities and Support In addition to allowances and the reimbursement of expenses, the LG Act provides that the Council can provide facilities and forms of support for use by its Council Members to assist them to perform or discharge their official functions and duties (section 78). Pursuant to section 78 of the LG Act, Council has considered and is satisfied that the following facilities and support are necessary or expedient for all Council Members to assist them in performing or discharging their official functions and duties; personal or laptop computers, iPad, printer, stationery items, use of Council meeting rooms, and where appropriate, the provision of Executive clerical support. The provision of these facilities and support are made available to all Council Members (including the Principal Member) under the LG Act on the following basis:

8.4.1 they are necessary or expedient for the Council member to perform or discharge his/her official functions or duties;

8.4.2 the facilities remain the Council’s property regardless of whether they are used off site or not; and

8.4.3 they are not to be used for a private purpose or any other purpose unrelated to

official Council functions and duties, unless such usage has been specifically pre-approved by the Council and the Council Member has agreed to reimburse the Council for any additional cost or expenses associated with that usage.

In addition, although not required by the LG Act, the Council has determined that the provision of the above facilities and support are made available to Council Members on the following terms:

8.4.4 each Council Member is solely responsible for those facilities released into their care and/or control for the duration of their term in office;

8.4.5 all facilities must be returned to the Council at the end of each term in office, upon the office of a Member of a Council becoming vacant, or earlier at the request of the Chief Executive Officer;

8.4.6 if the facilities provided to the Council Member are damaged or lost the Council Member must lodge a written report with the Council officer responsible for this Policy (whose name is detailed at the end of this Policy).

Council Elections The use of Council facilities, support and/or services by Council Members for campaign or election purposes is not permitted under any circumstances. Also refer to Council’s Caretaker Policy. Media and Legal Services Support Subject to the approval of and parameters set by the Mayor (the Deputy Mayor in the


Mayor’s absence) and the Chief Executive Officer, a Council Member may be provided with media and communications support. This may be further extended to take into account the provision of legal advice as discussed in section 78A of the LG Act, subject to conditions and limitations determined on a case by case event. Insurance As required by Section 80 of the LG Act, Council will take out an insurance policy(s) insuring every member of the council, and a spouse, domestic partner or another person who may be accompanying a member of the council, against risks associated with the performance or discharge of official functions or duties by members.

8.5 Other Reimbursements Any additional reimbursements and facilities and support not detailed in this Policy will require the specific approval of Council prior to any reimbursements being paid, benefits being received and facilities and/or support being provided.

9. Claims for Reimbursement

Council Members are required to provide details of kilometres travelled and/or evidence of expenses incurred to support all reimbursements claimed. Claim procedures are separately documented outside of this policy document, but shall include a reminder notification to the Council Member at a suitable date for operational purposes each quarter, in order that expenditure claims are managed expeditiously in budgetary terms. The Council has resolved that the reimbursement of expenses under clauses 7 and 8 above and those requiring Council approval by policy, will be paid in arrears on a quarterly basis in the months as described in clause 6.3 above unless as otherwise agreed having regard to the level of expenditure incurred (for example, expenses incurred for the November to January period will be reimbursed in the month of February each year, and so on). The production of relevant receipts or other evidence of expenditure must be presented where reimbursement is claimed. All documentation received will be managed in accordance with Council’s records management practices. Council will as part of its annual budgetary processes make an estimate of Council members’ reimbursable expenses. No limiting value or daily maximum value is set by this policy; rather the value is determined by what might be considered ‘reasonable’ given the circumstances of the situation.

10. Register of Allowances and Benefits

The Register of Allowances and Benefits is available for inspection by members of the public, free of charge, at the Council’s principal office located at 93 Main Street, Kapunda during ordinary business hours. Copies or extracts of the Register are available for purchase upon payment of a fixed fee as stated within Council’s Schedule of Fees and Charges.

11. Review and Evaluation

This Policy, in its entirety, will be reviewed as soon as is possible following the conclusion of the general election of Council. Council will also undertake a mid-term review of the policy in line with the review of its Committee structures and membership. The review of the Council Members allowances is undertaken on a 4 yearly cycle by the Remuneration Tribunal by the prescribed date prior to the general council elections occurring. Council member expenditure reimbursement claims may be audited for accuracy and accountability purposes from time to time but at least annually in line with Council’s external audit program.

12. Policy History Date Version Author Detail Reference


23 June 2015 Draft RM Modified LGA Model Policy for LRC use. Distributed for comment on 17 July 2015 to GMG and others.

Nil

11 August 2015 Draft RM Draft presented to Audit Committee for consideration

Draft presented to committee; incorporates amendments to clauses 8.2, 8.3 and 9 concerning claims for expenses. Further amendment made to clause 4 adding obligations and to clause 8.4 adding insurance commentary.

18 August 2015 Draft RM Audit Committee Approval Adjustments to Clauses 2, 8.3.2 & 9

3 AUD9.2.3/2015 Treasury Management Performance Review 2014/2015 Report Presenter: Rajith Udugampola, Finance Manager Recommendation That Council notes that the Light Regional Council Audit Committee noted the report provided in regard to treasury management performance for the 2014/2015 Financial Year.


4 AUD9.2.5/2015 Rate Hardship Policy, draft for consideration. Report Presenter: Richard Michael, General Manager, Business & Governance

Recommendation That the Light Regional Council Audit Committee, having received the draft Rates Hardship Policy (excluding Water Policy Requirements), requested some minor refinements be circulated to the Audit Committee for approval in relation to Clause 4.2 to specify which charges can be waived by staff and which needs to be presented to Council. The procedural nature of Clause 4.2 shall remain inoperative until the consensus of the Committee is achieved. And further, The Light Regional Council Audit Committee recommends to Council that Council adopts the Draft Rates Hardship Policy (excluding Water Policy requirements), subject to the refinement of operation of Clause 4.2, as follows:

Rates Hardship Policy (excluding Water Policy requirements) Reference Number: Section 1 No. 8 Responsible Department: Business and Governance Related Policy/Procedure: 1.6 Rate Rebate Policy,

1.7 Debtor Management Policy 1.10 Hardship Policy for Residential Customers of Minor & Intermediate Water Retailers

Date of Adoption: 25 August 2015 Current Review Date: Minute Reference: Version Number: Original Applicable Legislation: Sections 143, 181, 182 and 182A, Local

Government Act 1999 Next Review Date: July 2017 Review Frequency: Biennially

Background

Under the Local Government Act, 1999 Council may waive a whole or part of any rate or charge or interest if a person is suffering financial hardship. The Act goes on to say Council may defer, in whole or part, any payment due to the grounds of hardship.

The difference between a waiver and a deferral is that a deferral suspends payment for a period of time whereas a waiver permanently exempts payment of the fee or charge.

Applications for waiver and deferral will be individually assessed against the criteria stated in this policy. This policy defines the process for considering application for deferment or waiver of rates and charges.

The Council’s Business and Governance Department has the responsibility to maintain and manage the rating system. The policy is also relevant to elected Council Members and the Senior Management Team.

General Principles

Council seeks to undertake its affairs in a way that contributes to open, transparent and informed decision-making. Council seeks to ensure advice and decisions made are done so in a consistent manner, taking into account that applications made under this policy will vary on a case by case basis.

Definitions for the purposes of this Policy

A “deferment” of payment can be provided in whole or in part and be for a specified period and subject to any conditions determined by Council. When rates are deferred, payment is not required until the Council sends the person a notice requiring payment.


A “waiver” removes the liability to pay and may be offered to include the whole or part of any interest or where applicable part of rates and charges as set down in clause 4.2 of this policy.

The “interest” referred to in clause 4.1 shall be calculated in accordance with clause 4.5 of this Policy and with reference to the applicable sections of the Local Government Act 1999

The “Prescribed Percentage” is the percentage rate advised by Local Government Finance Authority each financial year.

Policy Statement

Council will ensure ratepayers are given the option to apply for Financial Hardship and provide various options to pay their rates in a timely and satisfactory matter.

4.1 Remission and Postponement of Rates, Charges and Interest (Section 182 of the Local Government Act 1999)

Ratepayers may have rates and charges, or part thereof, postponed although rates and charges will continue to be levied subject to compliance with the following conditions:

(a) The ratepayer must be experiencing undue and unavoidable hardship.

(b) An application in writing must be submitted to Council’s General Manager, Business and Governance (GMBG) by the ratepayer or the ratepayer’s representative providing evidence from an approved financial counsellor or other accredited source (such as a practicing accountant or bank manager) of such circumstances referred to in (a) above. The GMBG, under delegated authority from the Council and Council’s Chief Executive Officer (CEO), will provide a recommendation to the Rates Officer based on these details supplied.

Where the value of the proposed remission or postponement exceeds the limits of delegated authority provided under the Act or as stated within this policy to council officers, a report to be considered under the confidential provisions of the Act shall be prepared for the Council’s consideration.

(c) The postponement can be for a fixed period or ongoing basis until the property is disposed

of or sold.

(d) In accordance with provisions of Section 182A of the Local Government Act 1999, persons who hold a current Seniors Card may apply to postpone any amount in excess of $500 ($125 per quarter) less any concession entitlement for their principal place of residence. Interest will accrue at the prescribed rate on postponed balances, with the accrued debt being payable on the disposal or sale of the property.

4.2 Waiving Rates and Charges

With reference to clause 4.1(b) above, any application for the waiver of rates or charges will be addressed to the GMBG and considered under delegated authority. Where the value of the waiver exceeds the limits of delegated authority imposed by the Council to council officers, a report shall be presented to Council for consideration in confidence. Such reports will be prepared by the Rates Officer on a needs basis following receipt of a recommendation from the GMBG.

In any event the GMBG, setting aside delegated authority provisions, may report applications made under this clause directly to the Council to be considered in a confidential session of the Council.

Any waiver is a one off waiver in response to circumstances presented at the time.

4.3 Waiving Interest/Fine

Interest/fine waivers fall under three categories which are:

• Administrative waivers; • Waiver on compassionate grounds; and • Financial hardship waiver.


4.3.1 Waiver for Administrative Reason/Error – Ratepayers may have interest/fine waived in the event of an administrative issue, error or omissions which caused or significantly contributed to the failure to pay rates in a timely manner.

4.3.2 Waiver on Compassionate Grounds – Ratepayers may have interest/fine waived where they have demonstrated compassionate grounds for a payment of rates being past due.

4.3.3 Financial Hardship – Ratepayers may have interest/fine or part thereof, waived subject

to compliance with the following conditions:

(a) The ratepayer must be experiencing undue financial hardship i.e. be in necessitous circumstances. Eligible ratepayers can apply for Senior Postponement as per 4.1 (d).

(b) The ratepayer must enter into an agreement with Council on a payment schedule and maintain such agreement.

4.4 Authority to Waive Interest and/or Fines under 4.3.3

The authority to waive Interest and/or Fines is provided through sections 181 and 182 of the Local Government Act 1999, officer delegations made by Council to the CEO (who may sub-delegate) and through the implementation of Council’s Debtor Management Policy.

4.5 Calculation of Fines and Interest

Fines and Interest will be charged on overdue rates and charges in accordance with Section 181, 182 and 182A of the Local Government Act 1999.

Section 181 of the Act states that where an instalment of rates is not paid on or before its due data, it will be regarded as being in arrears. A fine of 2% will be applied to the amount in arrears. At the expiration of each month thereafter, should the arrears remain unpaid interest will be added on the amount outstanding (including any previous outstanding amounts accrued) at the prescribed percentage. This will not apply where a postponement of the payment of rates is occurring.

For the purposes of Section 181 the prescribed rate is calculated by dividing The Cash Advance Debenture Rate (for the financial year) plus 3%, by 12.

Section 182 of the Act states that where a Council grants a postponement of rates, it may be done on condition that the ratepayer pay interest on the amount postponed. Interest will be added at a rate fixed by the Council, but not exceeding the Cash Advance Debenture Rate.

Section 182A of the Act states the where a postponement of rates (for Seniors) is granted, interest will accrue on the amount affected by the postponement at the prescribed rate per month (compounded on a monthly basis) until the amount is paid.

For the purposes of Section 182A the prescribed rate is calculated by dividing the Cash Advance Debenture Rate (for the financial year) plus 1%, by 12.

The prescribed rates for this clause may be amended from time to time by legislative amendment.

4.6 Confidentiality

Any information provided will be treated as strictly confidential. Information provided to the General Manager, Business and Governance will be securely retained within Council’s Records. The ratepayer providing such information may access the information provided and review Council’s records in relation to the application process.

4.7 Alignment to Water Resources Act Hardship Provisions

Division 5 of the Water Industry Act 2012 (WIA) sets out the Act’s provisions in regard to ‘Customer Hardship Policies’. Section 37 of the Act states that a Water industry entity must adopt a customer hardship policy and that it must comply with that policy.

The WIA will only apply where Council is deemed to be a water services provider as determined under that Act. Where water services are not provided the WIA will not apply.


As the Council holds a licence under the WIA as a Minor and Intermediate Water Retailer in relation to its Community Waste Water Management Scheme. This policy is restricted to discussing hardship as it applies to general and other rates and charges only. Should an application for hardship be received from a ratepayer whose property falls within the Scheme catchment, the treatment of that application will be done so in accordance with Council’s adopted Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers as formulated by the Essential Services Commission of South Australia (ESCOSA) and as amended from time to time.1

4.8 Alternative Payment Arrangements

In lieu of making an application to Council under the Rates Hardship provisions of the Local Government Act 1999, ratepayers are encouraged to enter into a separate payment arrangement with Council, which is to agree to make rates payments outside of the normal four quarterly instalments if such a proposal will better suit their individual financial circumstances.

Council is willing to negotiate with individual ratepayers to construct mutually benefit payment arrangements (within reason) where rates debt is reduced over time in accordance with the ratepayer’s ability to pay. An example might be where the ratepayer makes monthly or fortnightly rates payments over time to reduce the outstanding council rates debt.

Note that under normal circumstances fines and interest will be raised against the rates if remaining outstanding at the due date for payment thereof in accordance with section 181 of the Local Government Act 1999.

A ratepayer who may be interested in making an arrangement under this clause of the policy should contact Council’s Rates Officer in the first instance or telephone 08 8525 3200 or by email to ‘[email protected]’.

4.9 Application Form

Applications for rate relief can be made using Council’s “Application for Rate Relief Due To Hardship or Extenuating Circumstances” form and accompanied by the appropriate supporting documentation. Application forms can be downloaded from Council’s website ‘www.light.sa.gov.au’ or can be obtained by contacting Council’s Rates Officer on telephone 08 8525 3200.

4.10 Review of Decisions

Should a ratepayer (applicant) be dissatisfied with the outcome of an application lodged under this policy, the applicant is entitled to have the decision reviewed in accordance with section 270 ‘Procedures for review of decisions and requests for services’ of the Local Government Act 1999. The process is managed in accordance with Council’s Policy Number 6.13 ‘Internal Review of Council Decision Procedure’ which can be found on Council’s website ‘www.light.sa.gov.au’ or by obtaining a hard copy of the policy from the Council free of charge.

Availability of Policy

This Policy will be available for inspection at Council’s principal office during ordinary business hours and on the Council’s website www.light.sa.gov.au. Copies will also be provided to interested members of the community upon request, and upon payment of a fee in accordance with Council’s Schedule of Fees and Charges.

History

Adopted by resolution at the ordinary meeting of Council held Tuesday, 2015 at Item ### Page ###.

1 Clauses 4.5 and 4.7 should be read in the context of the policy relationship with ESCOSA’s Water Retail Code for Minor & Intermediate Retailers (WRC-MIR/01), dated July 2013 and with the Ministerial Hardship Policy for Residential Customers of Minor and Intermediate Retailers Policy

http://www.light.sa.gov.au/


APPLICATION FOR RATE RELIEF DUE TO HARDSHIP OR EXTENUATING CIRCUMSTANCES

Complete this form only if you are applying for a rate relief under section 182 of the Local Government Act 1999.

he information that you provide on and with this application is required to assist Council to assess your application r rate relief. Please note that the penalty for providing false or misleading information on this form is an offence

nder the Local Government Act 1999.

ssistance with completing this form? you require assistance to complete the application form, or want more information about rate relief, please contact ouncil’s Rates Officer on telephone 08 8525 3200.

odging your application? nce the application form is completed, either:

Post to: Light Regional Council PO Box 72 KAPUNDA SA 5373

Deliver in person to: Council office 93 Main Street KAPUNDA or, Council office 12 Hanson Street, FREELING

Fax to: 08 8566 3262

Email to: [email protected]

uestions and Information Section

1. General Information Please list the Assessment Number, valuation number and address of the property or properties for which you are applying for rate relief.

Assessment Number (4 digits)

Valuation Number (10 digits)

Property Address

2. Applicant’s Details

Name:

Residential Address:

Postal Address:

Daytime Phone Number:

Email: 3. Is the property for which you are applying for rate relief (listed in Question 1) your principal place of

residence? [ ] Yes (If so, what is the Assessment Number …………………..) [ ] No

4. Tick that which applies to you: [ ] I am the owner of the property listed at Question 1. [ ] I am the spouse of the owner of the property listed at Question 1. [ ] None of the above.


5. What is your employment status?

[ ] Full Time. [ ] Permanent Part Time. [ ] Casual. [ ] Self Employed.

What is your profession?

[ ] Unemployed. [ ] Retired.

6. Do you hold or have you applied for a State Government Concession? [ ] Yes [ ] No

7. How long have you owned the property listed at Question 1? [ ] Over 10 years. [ ] Over 3 years but less than 10 years. [ ] Less than 3 years.

8. How many dependents do you have? [ ] Spouse [ ] Children Number of Child dependents [ ]

9. Please complete the following fortnightly household income and expenditure statement.

Expenses (fortnightly) Income (fortnightly)

Mortgage or Loan Payments $ Salary or Wages $ Food Shopping $ Pensions or Annuity

Payments $

Petrol $ Other Government Payments $ Gas and Electricity $ Rental Income $ Water $ All Other Income $ Council Rates $ Entertainment $ All Other Expenditure $

Total Fortnightly Expenses $

Total Fortnightly Income

$

Net Fortnightly Income / Expenses (*Income less Expenses) $

Has the above financial information been verified as correct by a financial counsellor, bank manager, practising accountant or another person? [ ] Yes (If so, what is the person’s name and position?

Name: …………………………………………….. Position: ………………………………………….. Contact detail:…………………………………….

[ ] No 10. Please outline the reasons for your application. Attach a separate piece of paper if required.


Hardship or Extenuating Circumstances Declaration The following arrangements apply to the postponement or remission of rates under Hardship or Extenuating Circumstances. Council may decide in granting approval or postponement of rates (by advising in writing at the commencement of postponement) to charge interest on the postponed amount. The interest rate which will apply is the cash advance rate in line with section 182(2) of the Local Government Act 1999. The interest will be applied to the total amount postponed on a monthly basis, compounded until the amount is paid. Any postponed rates debt (including all charges and interest) is payable at the time of disposal or sale of the property, or when the postponement period is complete (whichever occurs first). However the ratepayer has the discretion to pay all or part of the debt at any time before this. If the application is approved, and a postponed rates debt applies to the property, the ratepayer must inform the Council in writing following the sale of the property. Ratepayer Declaration I understand the above arrangements apply to the postponement or remission of rates under hardship or extenuating circumstances. I declare that the information I have provided in this application is true and correct to the best of my knowledge. I am prepared to attend an interview to discuss this application further if required.

Applicant’s Name

Applicant’s Signature

Date


5 AUD9.2.6/2016 Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers.

Report Presenter: Richard Michael, General Manager, Business & Governance

Recommendation That the Light Regional Council Audit Committee recommend to Council that Council adopts the Draft Hardship Policy for Residential Customers of Minor and Intermediate Retailer as follows:

Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers (for application to CWMS Customers) Reference Number: Section 1 No. 10 Responsible Department: Business and Governance Related Policy/Procedure: 1.6 Rate Rebate Policy,

1.7 Debtor Management Policy 1.8 Rates Hardship Policy (excluding Water Policy requirements)

Date of Adoption: 25 August 2015 Current Review Date: Minute Reference: Version Number: Original Applicable Legislation: Section 37, Water Industry Act 2012

Sections 182, 182A and 270, Local Government Act 1999

Next Review Date: July 2017 Review Frequency: Biennially

1. Purpose

Light Regional Council is committed to assisting residential customers of its Community Wastewater Management Scheme (water and sewerage services), who are experiencing financial hardship, to manage their payments in a manner that best suits the customer, and ensuring they remain connected to a retail service.

The purpose of this policy is to identify residential customers who are experiencing payment difficulties due to hardship, and assist those customers to better manage their bills on an ongoing basis.

This policy sets out:

• processes to identify residential customers experiencing payment difficulties due to hardship, including identification by us, self-identification by a residential customer, identification by an accredited financial counsellor, or welfare agency, and

• an outline of a range of processes or programs that we will use, or apply, to assist our customers who have been identified as experiencing payment difficulties.

2. Background

This policy is based on the customer hardship policy for minor and intermediate retailers, made by the Minister for Communities and Social Inclusion, pursuant to section 37 of the Water Industry Act 2012, under a delegation by the Minister for Water and the River Murray, without modification.

3. Definitions and interpretation

In this policy:


in South Australia, accredited financial counsellor means a person who holds a Diploma of Community Services (Financial Counselling), and who has worked at least 12 months as a financial counsellor under the supervision of the South Australian Financial Counsellors Association

connection means an agreed point of supply at which a customer receives a retail service from a supplier

consumer means a person supplied with retail services as a consumer or user of those services (as defined in the Water Industry Act 2012) (Note: you may be a consumer by virtue of being a council ratepayer)

customer means a person who owns land in relation to which a retail service is provided and includes:

• where the context requires, a person seeking the provision of a retail service, and

• in prescribed circumstances, a person supplied with retail services as a consumer or user of those services (without limiting the application of this definition to owners of land), and

• a person of a class declared by the regulations to be customers (as defined in the Water Industry Act 2012) (Note: you may be a customer by virtue of being a council ratepayer)

customer hardship policy means this policy for minor and intermediate retailers, that has been adopted by Light Regional Council, in accordance with section 37 of the Water Industry Act 2012

financial counsellor means accredited financial counsellor

financial hardship means a circumstance of experiencing a lack of financial means, that may be either ongoing or temporary, but does not include circumstances where a person chooses not to meet a liability for an unpaid debt

hardship means financial hardship

hardship customer means a residential customer who has been identified under, accepted into, or is eligible for assistance under our hardship program

hardship program means an agreement between us and a hardship customer for payment of outstanding sums due for retail services

intermediate retailer means a retailer that provides retail services to more than 500 but less than 50000 connections

minor retailer means a retailer that provides retail services to less than 500 connections

our, us, we means Light Regional Council

policy means this customer hardship policy

regulations means regulations under the Water Industry Act 2012

residential customer means a customer or consumer who is supplied with retail services for use at residential premises (as defined in the Water Industry Act 2012) (Note: you may be a residential customer by virtue of being a council ratepayer)

retail service means a service constituted by:

• the sale and supply of water to a person for use (and not for resale other than in prescribed circumstances (if any)) where the water is to be conveyed by a reticulated system, or

• the sale and supply of sewerage services for the removal of sewage (including but not limited to community wastewater management systems) (even if the service is not actually used) but does not include any service, or any service of a class, excluded from the ambit of this definition by the regulations (as defined in the Water Industry Act 2012).

retailer means the holder of a licence issued by the Essential Services Commission of South Australia under the Water Industry Act 2012

sewage includes any form of waste that may be appropriately removed or dealt with through the use of a sewerage service (as defined in the Water Industry Act 2012)


sewerage service means:

• a service constituted by the collection, storage, treatment or conveyance of sewage through the use of a reticulated system, or

• any other service, or any service of a class, brought within the ambit of this definition by the regulations (as defined in the Water Industry Act 2012) (Note: sewerage service includes but not limited to community wastewater management systems)

water includes rainwater, stormwater, desalinated water, recycled water and water that may include any material or impurities, but does not include sewage (as defined in the Water Industry Act 2012)

water service means:

• a service constituted by the collection, storage, production, treatment, conveyance, reticulation or supply of water, or

• any other service, or any service of a class, brought within the ambit of this definition by the regulations (as defined in the Water Industry Act 2012).

4. Identifying residential customers experiencing financial hardship

4.1 A residential customer experiencing financial hardship is someone who is identified by themselves, by us, by an accredited financial counsellor, or by a welfare agency as having the intention, but not the financial capacity, to make required payments in accordance with our payment terms.

4.2 There are two types of financial hardship: ongoing and temporary. Depending on the type of hardship being experienced, hardship customers will have different needs and will require different solutions.

4.3 Residential customers who are identified as experiencing ongoing hardship are generally those on low or fixed incomes. These customers may require ongoing assistance.

4.4 Residential customers who may be identified as experiencing temporary hardship are those who have experienced a short-term change in circumstances, such as serious illness, disability or death in the family, loss or change in income, separation, divorce or other family crisis, a loss arising from an accident, or some other temporary financial difficulty. These customers generally require flexibility and temporary assistance, such as an extension of time to pay or an alternative payment arrangement.

4.5 The extent of hardship will be determined by either our assessment process or by an external body, such as an accredited financial counsellor.

4.6 Where we assess a residential customer’s eligibility for hardship assistance, we will consider indicators including (but not limited to) whether:

• the customer is on a Centrelink income and holds a Pensioner Concession Card or holds a Centrelink Low Income Health Care Card.

• the customer is eligible for a South Australian Government concession

• the customer has been referred by an accredited financial counsellor or welfare agency

• the customer advises they have previously applied for emergency relief (irrespective of whether or not their application was successful)

• the customer’s payment history indicates that they have had difficulty meeting their retail services bills in the past

• the customer, through self assessment, has identified their position regarding their ability to pay.

5. Assisting residential customers who are experiencing financial hardship

5.1 We will inform a residential customer of this customer hardship policy where it appears


to us that non-payment of a bill for retail services is due to the customer experiencing payment difficulties due to hardship, or we are proposing to install a flow restriction device.

5.2 Where a residential customer has been identified as experiencing financial hardship, we will offer the customer, as soon as is reasonably practicable, flexible and frequent payment options that have regard to the hardship customer’s usage, capacity to pay and current financial situation. These options will include the following:

• an interest and fee free payment plan (refer to Clause 7 ‘Payment Plans),

• Centrelink’s Centrepay service (only where available), or

• other arrangement, under which the customer is given more time to pay a bill or to pay in arrears (including any disconnection or restriction charges),

recognising that some residential customers have a short-term financial hardship issue that may be resolved in the near to medium-term, where others may require a different type of assistance for ongoing financial issues.

5.3 We will not charge a residential customer a reconnection charge where that customer is experiencing financial hardship and should have been identified as eligible for this customer hardship policy, so long as the customer agrees to participate in our hardship program, upon reconnection.

5.4 We will engage in discussion with the hardship customer to determine a realistic payment option in line with the customer’s capacity to pay.

5.5 We will work with a hardship customer’s financial counsellor to determine the payment arrangement and instalment amount that best suits the customer and their individual circumstances.

5.6 Where a hardship customer’s circumstances change, we will work with the customer, and their financial counsellor, to re-negotiate their payment arrangement.

5.7 We will not require a hardship customer to provide a security deposit.

5.8 We will not restrict a hardship customer’s retail services if:

• the customer has agreed to a payment arrangement and continues to adhere to the terms of that arrangement, or

• we have failed to comply with the requirements of this customer hardship policy, or

• the customer’s retail service is a community wastewater management system or other sewerage service.

5.9 We will also offer the hardship customer:

• where appropriate, information about the right to have a bill redirected to a third person, as long as that third person consents in writing to that redirection,

• information about, and referral to, Commonwealth and South Australian Government concessions, rebates, grants and assistance programs,

• information about, and referral to, accredited financial and other relevant counselling and support services, particularly where a customer is experiencing ongoing financial hardship.

5.10 Where a hardship customer requests information or a redirection of their bills, we will provide that information or redirection free of charge.

5.11 We will provide information to the hardship customer on how to reduce usage and improve water efficiency, which may include referral to relevant government water efficiency programs. This will be provided at no charge to the customer.

5.12 We will explain to the hardship customer how and when the customer will be returned to regular billing cycles (and collection), after they have successfully completed the hardship program.

5.13 We will also explain to the hardship customer that they will be removed from our hardship program, and be returned to our standard collection cycles, including debt recovery, should they cease to make payments according to the agreed payment


arrangement or fail to contact us for a period of greater than 90 days.

5.14 We will not take any action to remove a customer from our hardship program until we have sent the customer a written notice, allowing them 10 working days from the date of the notice to contact us to re-negotiate their re-entry into the program.

6. Retail services provided by Councils

6.1 Council rates are made up of retail services (as defined in this policy) and non-retail services, for example refuse collection.

6.2 If you are a residential customer in receipt of a retail service provided by a council and you are experiencing financial hardship, then only the retail service element of the council rates will be subject to the terms of this hardship policy. All or any other sums that are due to the council for non-retail services may be dealt with under the council’s existing hardship policies. The council may exercise its discretion to apply this hardship policy to other sums due.

7. Payment plans

7.1 Our payment plan for a hardship customer will be established having regard to:

• the customer’s capacity to pay and current financial situation

• any arrears owing by the customer, and

• the customer’s expected usage needs over the following 12 month period.

7.2 The payment plan will also include an offer for the hardship customer to pay for their retail services in advance or in arrears by instalment payments at a frequency agreed with the customer (e.g. weekly, fortnightly, monthly or as otherwise agreed with the customer).

7.3 Where a payment plan is offered to a hardship customer, we will inform the customer in writing, within 10 business days of an agreement being reached, of:

• the duration of the plan

• the amount of each instalment payable under the plan, the frequency of instalments and the date by which each instalment must be paid

• if the customer is in arrears – the number of instalments to pay the arrears, and

• if the customer is to pay in advance – the basis on which instalments are calculated.

7.4 We will waive any fees for late payment of a bill for a hardship customer.

7.5 Where a hardship customer is seeking assistance in accordance with this policy, but has failed to fulfil their obligations under an existing hardship arrangement, we will require them to sign up for direct debit deductions or Centrepay (where available).

8. Debt recovery

8.1 We will suspend debt recovery processes while negotiating a suitable payment arrangement with a hardship customer.

8.2 We will not engage in legal action or commence proceedings for the recovery of a debt relating to a retail service for a hardship customer if:


• we have failed to comply with the requirements of this customer hardship policy.

9. Rights of residential customers experiencing financial hardship

9.1 Every residential customer experiencing financial hardship has the right to:

• Be treated respectfully on a case-by-case basis, and have their circumstances kept confidential.


• Receive information about alternative payment arrangements, this customer hardship policy, and government concessions, rebates, grants and assistance programs.

• Negotiate an amount they can afford to pay on a payment plan or other payment arrangement.

• Consider various payment methods, and receive written confirmation of the agreed payment arrangement within 10 business days.

• Renegotiate their payment arrangement if there is a change in their circumstances.

• Receive information about free and independent, accredited financial counselling services.

• Receive a language interpreter service at no cost to the customer.

• Be shielded from legal action and additional debt recovery costs, whilst they continue to make payments according to an agreed payment arrangement.

• Not have retail services restricted or disconnected as long as they have agreed to a payment arrangement and continue to make payments according to an agreed plan.

10. General provisions

10.1 We will ensure residential customers have equitable access to this customer hardship policy, and that this policy is applied consistently.

10.2 We will ensure appropriate training of staff dealing with residential customers in hardship to enable them to treat customers with respect and without making value judgements. Training will also assist staff in the early identification of hardship customers, with establishing payment plans based on a hardship customer’s capacity to pay, and include processes for referral to an accredited financial counsellor or welfare agency for assistance.

10.3 This customer hardship policy is available on our website: ‘www.light.sa.gov.au’.

10.4 We will also make a copy of this policy available to a customer, upon request, and at no charge to the customer, as soon as practicable following a request to do so.

10.5 This customer hardship policy does not limit or prevent us from waiving any fee, charge or amount of arrears for the provision of retail services to customers who are experiencing financial hardship.

11. Confidentiality

Any information disclosed by a customer is confidential and will not be used for any purpose other than the assessment of an application for assistance.

12. Complaints handling

12.1 Details of our customer complaints and dispute resolution process are available at our website: ‘www.light.sa.gov.au’. We will also make a copy of this process available to a residential customer, upon request, and at no charge to the customer.

12.2 A residential customer experiencing hardship has a right to have any complaint heard and addressed by us, and in the event that their complaint cannot be resolved, the right to escalate their complaint to the external dispute resolution body approved by the Essential Services Commission of South Australia.

13. Alignment to Local Government Act Hardship Provisions

Section 182 sets out the Local Government Act’s provisions in regard to ‘Hardship Policies’. Council’s policy number 1.8 ‘Hardship Policy for General Rates and Other Charges’ provides commentary on handling hardship applications made under that Act. This policy and the authority contained herein should be read in conjunction with the aforementioned policy.

14. Application Form


Applications for rate relief can be made using Council’s “Application for Rate Relief Due To Hardship or Extenuating Circumstances” form attached to Council Policy number 1.8 ‘Hardship Policy for General Rates and Other Charges’ and should be accompanied by the appropriate supporting documentation. Application forms can be downloaded from Council’s website ‘www.light.sa.gov.au’ or can be obtained by contacting Council’s Rates Officer on telephone 08 8525 3200.

15. Review of Decisions


16. Availability of Policy

This Policy will be available for inspection at Council’s principal office during ordinary business hours and on the Council’s website www.light.sa.gov.au. Copies will also be provided to interested members of the community upon request free of charge.

History

Adopted by resolution at the ordinary meeting of Council held Tuesday, 2015 at Item ### Page ###. 6 AUD9.4.1/2015 Infrastructure & Asset Management Plan – Draft Inputs and

Assumptions Report Presenter: Kieren Chappell, Manager Engineering & Assets Recommendation That Council notes that the Audit Committee; 1. received the report and commended staff for their work undertaken to achieve the report this

far, and its request that staff review the Long Term Financial Plan information presented in Figure 1 on page 2015/60 of its Agenda report, and

2. recommended an abridged version outlining inputs and assumptions proposed for inclusion in the Infrastructure & Asset Management Plan (IAMP) be presented to Council.

Further, that the Audit Committee recommends to Council that Council: 1. Instruct the Chief Executive Officer to continue the preparation of the IAMP in accordance with

the inputs and assumptions proposed; 2. Instruct the Chief Executive Officer to investigate the reallocation of 2015/16 budget to engage a

professional graphic designer to prepare a pamphlet/brochure style executive summary of the IAMP, incorporating infographics unique to Light Regional Council, to improve the communication of key strategic planning information to the community and encourage broader feedback on the Plan.

7 AUD9.4.2/2015 Gawler Water Reuse Scheme Project – Assessment of Financial Benefit

Folder ID: 22475 Report Presenter: Kieren Chappell, Manager Engineering & Assets Recommendation That Council note that the Audit Committee received the Gawler Water Reuse Scheme report assessing the Project financial benefit; and that it may provide separate comment to Council’s Management to inform a future workshop on the development of a position statement regarding the management of the operating surplus from Council’s operations, and in particular from project specific funding opportunities (eg. Gawler Water Reuse Scheme).



10.5 OTHER NIL 11. REPORTS FOR INFORMATION

Item No. and Subject

11.1 Parking Infringements Appendix: 11.1A Example Parking Infringement Warning

Author: Lisa Sapio – Manager – Development Services

Report Presenter: Lisa Sapio – Manager – Development Services

At its meeting held on 28 July 2015 Council resolved as follows:

Moved Cr Mitchell Seconded Cr Keith Ellis That a report for information on parking infringements be tabled at the Tuesday, 25 August 2015 meeting of Council.

CARRIED

Accordingly, this report is provided, which includes (under the headings that follow):

• Statistics on the number of parking and road traffic expiations that have been issued in the past 4 financial years;

• The role of Council’s General Inspector in enforcement of the Australian Road Rules (ARRs) and in particular parking offences;

• Further information with respect to the Section of the ARRs that is invoked with respect to parking matters.

KEY STATISTICS

Complaints relating to parking nuisance recorded since 2012

Much of Council’s enforcement action with respect to parking matters is in response to community complaints. A review of Council’s electronic records revealed the following parking-related complaints lodged with Council over the past few financial years:

Year Total 2012/2013 35 2013/2014 44 2014/2015 29

These have been drawn from Council’s data base and it has been determined that approximately 10 to 20 other complaints have been received per annum which have not been officially recorded as the Council officer may have dealt with the situation whilst attending to others matters when out on business.

Road Traffic Act and Road Rules Act Expiations issued since 2011

Year Type of offence Number of expiations issued

2011/2012 Stopping in a no stopping zone 9 Obstructing a driveway 1 Stopping on a path 69

Total Issued 79

(this figure aligns with the numerous complaints received by Council staff

from residents of Hewett) 2012/2013 Stopping in a no stopping zone &

stopping in a permit zone 9

Stopping on a path 23 Total Issued 32


2013/2014 Fail to parallel park 2 Stopping on a path 6 Total Issued 8 2014/2015 Stopping on a path 20 Stopping longer than indicated where

sign applies 1

Fail to parallel park 1 Stopping in a No Parking Zone 2 Total Issued 24

It is noted that the expiations issued in 2012/2013, 2013/2014 and 2014/2015 have been less than the complaints that were received and considerably so in 2013/2014.

ROLE OF THE GENERAL INSPECTOR

Education Programme

Council’s General Inspector (both past and present staff) has received complaints with respect to parking violations with the most common being those whereby vehicles, trailers and boats are parked across a footpath/verge. Parking across footpaths often cause concern for parents, carers, the elderly and pedestrians generally when they are forced to leave the safe haven of the footpath and walk on the vehicle carriageway with small children, strollers and the like in order to manoeuvre around vehicles obstructing footpath areas.

In 2011/2012 Council staff received numerous complaints (primarily from residents at Hewett) with respect to unlawful parking citing concerns for pedestrian safety. In response to this staff undertook a letterbox-drop of all residents in Hewett and advised the local Councillors of the initiative. The letter generally advised that parking over and across footpath areas was unlawful, unsafe and the source of complaints to the Council. The letter sought to educate land owners and ask that care be taken when parking vehicles to ensure that pedestrian movements were not obstructed. The community generally responded well and after the letters were sent random inspections were undertaken around Hewett in an attempt to ensure that parking was lawful. A few instances of unlawful parking occur from time to time in Hewett, but not to the extent that occurred before the letterbox drop.

Complaints over the last 12 to 18 months indicate that parking concerns are not isolated to Hewett. Complaints have also been received from staff of Roseworthy Primary and Xavier College at Gawler Belt and from residents in the townships of Kapunda and Freeling.

In response to the complaints received from the community, staff again sought to undertake a wider education and information programme and embarked on a larger mail out during July and August to the following townships:

• Freeling (782 letters were sent); • Greenock (386 letters were sent); • Kapunda (1268 letters were sent); • Roseworthy (318 letters were sent); and • Hewett (977 letters were sent).

The letters sent were prepared to inform residents that complaints were being received by Council staff and asking all to be mindful of how they may be parking. The letter explained that parking on the Council verges and footpath areas has the potential to force pedestrians to use the road way, creating unnecessary risks to pedestrian safety. The letter also advised that the Council has a responsibility to ensure that all land vested in Council’s care does not become a hazard to the public which includes the parking of vehicles on footpaths and verges. The letter explained that a moratorium was being offered during July/August (depending on when the mail out occurred in the affected location) where warnings would be issued with respect to any illegal parking identified. The letter also went on to say that any illegal parking after the moratorium may result in an expiation being issued.

The letter included some example images of both illegal and compliant car parking. As the examples used featured areas with ‘rollover’ kerbing, some 30 residents took the opportunity to call Council staff and ask for clarification or seek further information. In the main, the majority of residents sought to confirm where they could and could not park in streets not featuring kerbing, guttering or a defined footpath.


Enforcement of Parking and Stopping Controls

Legislative Background

Pursuant to Section 208(1) of the Local Government Act 1999 (the LG Act), Council is the owner of the public roads within its area. Further, the Council is the relevant ‘road authority’ in respect of these roads under the Road Traffic Act 1961 (RT Act). Both the LG Act and the RT Act confer extensive powers, functions and responsibilities/ duties on the Council in respect of roads. This extends to monitoring and enforcing compliance with Part 12 of the Australia Road Rules (ARRs).

Council’s General Inspector is authorised pursuant to section 260 of the LG Act to enforce the provisions of Part 12 of the ARRs which contains restrictions on stopping and parking.

The enforcement of the ARRs is an essential function of an authorised person and integral responsibility of the Council for the following reasons:

• the ARRs are law containing the uniform road rules that apply throughout Australia. They ensure the safe flow of traffic and pedestrian movement on roads and footpath areas and upholding of appropriate conduct on roads and road-related areas;

• the ARRs establish a number of traffic offences for contravention of the rules contained therein. This includes contravention of the stopping and parking controls under Part 12.

The most common traffic offences involve parking such as exceeding parking time limits, parking too close to intersections, parking in a clearway, stopping in a bike lane or permit zone or no stopping area. Other common parking offences relating to Part 12 of the ARRs include;

• Verge, Footpath (ARR 197)

• Obstructing an entrance (ARR198)

• No Stopping Anytime (ARR167)

• Yellow Edge Line (ARR169)

• Exceeding time limit (ARR205)

• Heavy/Long vehicle (ARR200)

• Failing to Park Parallel (ARR208)

Some parking controls under the ARRs are not contingent upon parking control signs being installed on a road or the existence of road markings. For instance, the offences for parking on a footpath/verge area or across a driveway (refer rules 197 and 198(2) of the ARRs respectively) are examples of these.

The clear policy intent behind such controls is:

• to ensure the safety of users of footpaths;

• to preserve the amenity of road-related areas;

• to prevent damage to Council infrastructure and third-party property; and

• to ensure sufficient and safe access to land adjacent to roads (including in an emergency).

The effectiveness of the controls in achieving the abovementioned objectives relies on the enforcement of them on a consistent basis both within the Council’s area and more broadly across the State. As the road authority for its area it is incumbent upon the Council to ensure the proper enforcement of any contraventions of these controls by road users. It is therefore noted in this context that any failure to discharge these responsibilities properly, particularly following a complaint or after observing an illegal act, could expose the Council to scrutiny of its procedures and/or its capacity as the relevant road authority (such as via the ICAC, the Ombudsman and possibly Ministerial review under the LG Act). Staff are particularly conscious of such matters, including potential scenarios of a pedestrian being injured (or worse) in a collision on a road in circumstances where the relevant footpath has been obstructed by a parked vehicle for instance.


Further, staff caution that any ‘selective’ enforcement of the parking controls under the ARRs (such as with respect to a particular street or place) could create an unfavourable precedent given the reasonable and appropriate broader community expectations of similar enforcement practices across the State.

Taking the above into account, the consistent enforcement of stopping and parking controls is a necessary function of the Council and is in the interests of both its and the broader community.

Enforcement Processes

Staff are mindful that enforcement of a parking or stopping offence must be made on a case-by-case basis having regard to the circumstances in question. It is necessary for the Authorised Officer to exercise discretion to ensure any enforcement action is both reasonable and proportionate. The following considerations are relevant in relation to enforcing parking and stopping offences:

• A parking or stopping breach is a strict ‘liability’ offence (i.e. the intention of the offender in committing the offence is not a relevant consideration). This means that where an Authorised Officer observes a vehicle parked in contravention of such controls, sufficient grounds exist to issue an Expiation Notice for the relevant offence;

• The discretion and responsibility to enforce parking and stopping offences is conferred upon an Authorised Officer under the RT Act. These responsibilities are such that Council cannot direct that they be discharged in a particular way (or alternatively not discharged), as to do this could unreasonably fetter an officer’s statutory discretion, would be contrary to principles of administrative law and beyond the power of the Council (i.e. ultra vires);

• If a person objects to an Expiation Notice issued for an offence under the ARRs, the notice may only be withdrawn if it satisfies section 16 of the Expiation of Offences Act 1996 (the EO Act) or if the offence is ‘trifling’ as defined under section 4(2) of the Act. The EO Act places the onus on the alleged offender to notify the Council of the reasons why he/she considers the offence is ‘trifling’ or to otherwise demonstrate that there are grounds to withdraw the notice;

• The Courts have held that an offence that is a ‘normal or typical’ example of its type will not be ‘trifling’. Accordingly a typical breach of a parking control in the absence of any extenuating circumstances (i.e. such as parking longer than permitted in a time-restricted parking area or parking across a driveway) cannot reasonably be deemed a technical, trivial or petty instance of the breach of the control for the purposes of the definition of trifling under section 4(2)(c) of the EO Act.

On occasion it may be claimed that parking notices are issued improperly such as where the relevant parking restriction signs were not clearly visible or there was a mistake on the Expiation Notice. When a vehicle is cited for illegal parking Council Officers will take photographic evidence of the offence. Photos of the allegedly illegally parked vehicle assist Council staff in exercising their duties under the RT Act. These photos are often used to settle any disputes.

Council staff, via delegation from the General Management Group, established a ‘Statutory Review Panel’ (SRP) in 2011 for the purpose of acting as the “relevant authority” in respect to all requests for reviewing of decisions pertaining to Regulatory Service matters. The establishment of this Panel and the process in general is not required by law, but rather has been created (by a number of Councils) to allow those persons who have been issued with an expiation to seek to have the relevant matters reviewed. A request for the consideration of the matter by the SRP must be placed in writing by the aggrieved person. The issues generally considered by the SRP include reviews pertaining to;

• issuing of fire notices;

• by-law breaches;

• parking breaches;

• dog and cat control;

• litter control,

• review of expiation notices; and

• Other issues under the Local Government Act.

The Statutory Review Panel is comprised of staff including a Presiding Member and three (3) additional members and meets on an ‘as needs’ basis. The staff member involved with the issuing of the expiation is not involved in any discussion or deliberation of the matter and is only called upon as


required to answer any questions. The meeting procedure allows an aggrieved person to request an opportunity to make a deputation prior to the Panel deliberating on the matter.

As mentioned this process is not mandatory and is not required to be established by law, however, since its operation the Panel has elected on at least two occasions to allow the person issued with the expiation to be excused from being given the expiation or notice issued based on extenuating circumstances. For example there may be compelling humanitarian or safety reasons for the conduct that allegedly constituted the offence or the person may not reasonably have averted committing the offence.

Alternatively, should a person who has been issued an expiation elect to challenge or be prosecuted then the person has the ability to bypass the relevant authority (the Council in this instance) and apply to the Court to have the matter considered.

Staff Initiatives

Council staff are aware of the variations between some of the streets within the Townships in the district and that ‘a one size fits all’ approach is very difficult to administer fairly and reasonably for all. This arises as not all streets within Council have formed kerb and guttering or a formal footpath. It is acknowledged and recognised by staff that the following scenarios exist within the Council area:

• Streets with kerbed and guttered roads with adequate width and a paved or formal footpath (these include those in the suburb of Hewett and streets such as Montefiore Street in Kapunda and the Freeling Residential Estate).

• Streets with kerb and guttering that are narrow with wide footpaths of 3 or more metres. In some instances when two cars are parked on opposite sides of the road the space between them is narrow and does not allow for two-way simultaneous movements past each other. In this instance, Council staff have taken a pragmatic approach and allow two wheels of a vehicle to partly encroach onto the footpath area provided that reasonable room is left for pedestrians to walk along the balance of the footpath.

• Other scenarios include roads without kerbing where the road is either unsealed or has a sealed strip down the centre and the ‘edge’ between the gutter channel and unmade footpath is unformed. In this instance staff apply discretion and again a pragmatic approach that allows the vehicle to straddle the gutter, providing space is left for pedestrians to use the footpath safely.

The approach undertaken by staff has been developed to be fair and reasonable and discretion is applied on a case-by-case basis such that those that are actually expiated are assessed as having seriously breached the Australian Road Rules. More recently, this has been augmented with a proactive and educational approach in which ‘Warning Notices’ have been created which are attached to vehicles so as to inform and warn vehicle owners of breaches and wrong doing. Where the breach is not a serious threat to safety as such, then these warning notices will be issued to deter unlawful acts, however where the breach is a threat to safety (such as parking over a yellow line or parking in a ‘no stopping’ area) then expiations will continue to be issued in-line with the spirit of the legislation without warning. Staff will expiate those who intentionally ignore warnings or commit reoccurring breaches. A copy of the Warning Notice forms Appendix 11.1A.

Some photos have been included within this report to illustrate the instances where expiations have been issued. The photos illustrate the type of safety issues that are created.


CONCLUSION

The number of ARRs offence expiations issued by staff since 2011 amount to 143 expiations in total. This figure illustrates that staff are committed to undertaking more of an educational stance with the community rather than that of a hard-line regulatory role. The safety of all members of the community is paramount and complaints raised have been, and will continue to be, taken seriously and appropriately acted upon.

The decision to enforce a parking or stopping offence is made on a case-by-case basis having regard to the circumstances in question. It is necessary for the decision maker charged with enforcing the offence to exercise discretion to ensure enforcement action is reasonable and proportionate.

For completeness, it is also noted that in the interests of continuous improvement, recent interest in this area of operations has led to management commencing a review parking policy and practice; including the processes used to inform the public, with a view to identifying any other opportunities for improvements. Advice and any recommendations on this will be provided to the CEO in due course.


11.2 Youth Forum – Refugee Welcome Zones Appendix: 11.2A Email request from Lily Armstrong

11.2B Refugee Council of Australia Information Sheet

Author: Lorinda Bayley, Community Development Officer

Report Presenter: Lorinda Bayley, Community Development Officer

This report is provided to inform the Elected Body about ‘Refugee Welcome Zones’ in relation to the presentation during Youth Forum. Light Regional Council is committed to providing an opportunity for members of the public to ask questions at ordinary meetings of Council or at Committee meetings. Young people are dedicated specific time to ask questions or raise issues of concern during Youth Forum. Greenock resident Lily Armstrong is currently completing her Year 12 studies at Nuriootpa High School, and has been conducting research into asylum seekers in Australia. Lily has enquired about Light Regional Council becoming a Refugee Welcome Zone, as nine other South Australian Councils have resolved to implement including Town of Gawler and City of Murray Bridge. A Refugee Welcome Zone is a Local Government Area which has made a commitment in spirit to welcoming refugees into the community, upholding the human rights of refugees, demonstrating compassion for refugees and enhancing cultural and religious diversity in the community. There are a number of actions Council can take to welcome refugees into the community, such as developing Local Government policy relating to refugees and asylum seekers, holding community events to encourage families from different backgrounds to meet, hold a multicultural film festival, or conduct multicultural activities at local libraries. The process for becoming a Refugee Welcome Zone is very straightforward, and is carried out through the Refugee Council of Australia (RCA). It simply involves Council signing the Refugee Welcome Zone Declaration (refer information sheet from RCA); this may be a public event. Lily Armstrong has sought an opportunity to provide a presentation to Council on the objectives and benefits of this initiative.


11.3 Finding My Place - Youth Life Skills Program Authors: Lorinda Bayley, Community Development Officer and Pepper Mickan, Manager Library Services

Report Presenter: Lorinda Bayley, Community Development Officer

This report is provided to inform the Elected Body about the ‘Finding My Place’ Youth Program. The ‘Finding My Place’ program was developed in 2003 in Western Australia through a partnership between the WA Department of Education and Training and the city of Belmont, and has been successfully implemented in other states. The program has been designed for secondary school students at a high risk of leaving school prematurely, who can benefit from an alternative learning experience. The ‘Finding My Place’ program is hosted by a public library and aims to connect young people with library resources to ensure they have access to learning opportunities after their formal education. Through a series of motivational and informative workshops, students develop a greater sense of what they want in life after their schooling ends. Workshops by guest presenters provide guidance, motivation and ‘outside of the box’ career options so that students are then better equipped for life outside of school. In October 2013 a successful Innovative Community Action Networks (ICAN) Community Partnership Funding application was submitted by the Barossa Council, including Light Regional Council as a program partner. The proposal was to implement the low-cost Finding My Place program in conjunction with Nuriootpa High School and Kapunda High School. Due to staff changeover at both Councils the implementation of the program was delayed until 2015. The program has been delivered to Nuriootpa High School students during Term Two this year, and the remaining grant funding of $5000 will be used for Light Regional Council to deliver the program to selected Year 9 students at Kapunda High School during Weeks 2-8 in Term 4 this year. The program will run for one day per week over seven weeks, culminating in a graduation celebration for up to twelve students. Workshop contents include:

Session title Activities include Outcomes

Who Am I? Develop personal profile in visual format Self-awareness and reflection

Hunger Games Food preparation, recipes, budget Food safety & hygiene

Mates 4 Mates Basic first aid skills, care for self & others Making healthy or informed choices

X-factor Exploring interests & abilities Career plans, training & employment support

How long is forever Dealing with conflict, bullying Communication skills

Connecting with Community

DIY skills, volunteering options Developing practical skills

Back to the Future Vision of future self – decision making Planning & goal setting

A steering committee has been established consisting of representatives from Light Regional Council (Library Services Manager and Community Development Officer), Kapunda High School (Flexible pathways Coordinator and Year 9 Coordinator), and the DECD (Department of Education and Child Development) Regional ICAN Manager. Preliminary discussions have been held with Paolo Tucci, (Marketing Manager for Saskia Beer) after Saskia expressed interest in supporting the food preparation component of the program. The Finding My Place program aligns with the following commitments within the Barossa, Light and Lower Northern Region Public Health and Wellbeing Plan:


Priority Area 2. Community and Cultural Wellbeing

Supporting capacity for health

2.1 Support current programs for youth education and employment in the region

2.2 Promote lifelong learning opportunities through Council libraries

Promoting Community Strengths

3.1 Encourage community participation across all ages and abilities

3.2 Promote social interaction and wellbeing though activities, events and places

Elected members will be invited to support the graduation ceremony, tentatively scheduled for early December 2015.


11.4 Resource Area Management and Planning Project (RAMP) Appendix: 11.4A RAMP Project Information Sheet

11.4B Identification of Strategic Mineral Resource Areas in SA – Report (July 2015)

Author: Andrew Chown, Principal Project Planner

Report Presenter: Andrew Chown, Principal Project Planner

Council officers have received correspondence from the Resources and Energy Group of the Department of State Development (DSD) referring Council to the Resource Area Management and Planning (RAMP) Project. This joint project between the DSD and Department of Planning, Transport and Infrastructure (DPTI) commenced in 2013 and sought to develop a series of recommendations aimed at mitigating potential interface issues where sensitive land uses (i.e. houses) and quarries/mines are located in close proximity.

The RAMP Project The RAMP project was undertaken as a policy exercise and focused on investigating issues which may arise around interface conflict between sensitive land uses (e.g. houses) and mining activities. The report specifically encouraged the protection of extractive industry activities which are used within the construction industry (i.e. sandstone, sand, limestone, calcrete etc.) from inappropriate development. This mandate is recognised as providing a policy approach to manage and maintain access to high quality, long-life construction materials within proximity of Greater Adelaide. The RAMP project recognises that there are competing interests and very little interaction between the Development Act 1993 and the Mining Act 1971. The recommendations contained within the report are conscious of the current state planning review (Planning Reform) process and the need for greater integration with the planning system. An information sheet on the RAMP Project is included as Appendix 11.4A.

Strategic Resource Areas (SRAs) The first key action arising from the RAMP Project was the development of a document which identified Strategic Resources Areas (SRAs) within the Greater Adelaide Region and near major regional centres. This document, titled ‘Identification of strategic mineral resource areas in South Australia – Greater Adelaide region and major regional centres (July 2015)’ is now complete and is included as Appendix 11.4B.

This report outlines the economic importance of ensuring ongoing access to long-life valuable construction materials and the need to minimise potential land use conflicts which may arise between incompatible land uses. The report also recognises the importance of identifying resources which are important for the State’s economic future and the potential for greater integration across State strategic documents, noting examples such as the identification of SRAs in documents such as the 30 Year Plan for Greater Adelaide. This identification will ensure that a whole of Government approach is taken, and future urban encroachment does not lead to the loss of opportunity to extract the necessary resources.

The identification of SRAs is based on two (2) key issues: 1. the potential for urban encroachment or interface issues between resource operations and the

urban area; and 2. an evaluation of the importance of the resources to the state’s economy.

In terms of the above criteria, Light Regional Council has four (4) strategic extractive quarries which are of significance to the state, namely: 1. Kapunda Quarry 2. Light River Quarry, Kapunda 3. Nain Quarry 4. Rowland Flat Extractive Industry Zone

The report acts as the basis for future amendments to State documents and is likely to be considered as part of the State Government’s review of The 30 Year Plan for Greater Adelaide (currently underway). Finally, the report notes that two (2) new GIS mapping layers have been prepared for the South Australian Resources Information Geoserver (mapping system). These layers identify both the SRAs and mineral resource potential in the Greater Adelaide region.


11.5 Hewett Shared Use Path - Update File: 24447



Works to upgrade and extend the Hewett shared use walking and cycling path are progressing well. As reported previously to the Elected Body, the project involves both the upgrade of the existing path which runs from Honour Court in the south to Whistler Grove in the north and its extension from Whistler Grove to Kestrel Road to provide a loop track of some 5.2 kilometres in length. Council’s civil contractor (Downer EDI Works Pty Ltd) has now completed all preparatory works of the base material and is awaiting successive days of ‘fine’ weather to allow adequate time for the path to dry out and provide an opportunity for crews to undertake the bitumen seal. The project has included a considerable amount of earthworks in order to obtain an appropriate sub-base for the sealed component. An active gym comprising three (3) items of equipment is due to be installed in early-mid September, whilst solar lighting and seating will be installed late this year at strategic locations to complete the project. Further updates to the Elected Body will be provided as works continue to progress. The photographs below show the progress to-date:

Active Gym Site (Rosella Circuit)

Riverview Drive

Schmidt Road (path extension)

Schmidt Road (path upgrade and extension)

Wills Way


11.6 Roseworthy Township Expansion Development Plan Amendment (DPA) – August 2015 Update

File: 22231



This report provides a monthly update on the progress of the Roseworthy Township Expansion Development Plan Amendment (DPA), including actions occurring since the July 2015 meeting. Development Plan Amendment Council officers sought advice from Department of Planning, Transport and Infrastructure (DPTI) staff in mid-August 2015 as to the progress of the DPA, and were advised that it has been progressed, however confirmation of the exact timing of Ministerial consideration is still unavailable. Infrastructure Negotiations Preliminary works on the infrastructure negotiations process continue to progress internally with calculations on the anticipated costs of each infrastructure component (regional roads, regional stormwater, social infrastructure and wastewater treatment) being prepared. Once complete, Council officers will use this information to commence the formal infrastructure negotiations process between Council, State Government and stakeholders.


11.7 Rural Buffers and Interface Management File: 53738


Report Presenter: Craig Doyle, General Manager – Strategy & Development

The matter of rural buffers and interface management between different primary industries (i.e. between viticulture and agriculture) continues to be a matter which is gaining traction at both a Local and State Government level, having been identified as a potential issue within the Light Regional Council district. This topic is particularly pertinent when considering the State’s position on promoting South Australia (and in particular, the Barossa Region) as a provider of ‘clean and green’ commodities to both local and international markets, as well as the diversity of local tourism areas. In this space, PIRSA has convened a number of informal meetings/workshops with both local and state government representatives and peak industry representative bodies to discuss the matter of buffers and interface management (as a response to real and perceived land use conflict). Parties represented on the working party include: • Light Regional Council; • Barossa Council; • Department of Primary Industries and Regions SA (PIRSA) – both Biosecurity SA and Strategy

and Engagement; • Primary Producers SA; • Grain Producers SA; • Department of Planning, Transport and Infrastructure (DPTI); and • Environment Protection Authority (EPA). The initial workshops sought to bring together the various parties to exchange information and identify key gaps and research questions, with a focus on working towards actions and potential policy settings that will help reduce the impact of buffer conflict and management (i.e. spray drift) between primary production systems. It is important to note that the group is not actively considering retrospective measures or the potential for any compensation; rather the focus is on the matter at hand and future management options. More recently, the group has been working to understand the extent and significance of primary production conflict. In addition to anecdotal evidence, activities have taken the form of reviewing recorded data, consultation with local government and relevant industry bodies more broadly; seeking information and (more recently) inviting presentations from consulting agronomists and gathering information on insurance claims lodged for spray drift related issues. This work is continuing, with the group due to meet again later this month (and at a later date/s) to progress the development of appropriate recommendations for further actions in this area, and to work towards preparing materials and recommending further actions to address the identified issue. It is clear that the matter of primary production interface conflict is complex with a wide range of technical variables. There is no simple solution. The group recognises that the matter is not capable of being addressed solely through the planning system, rather a more holistic approach is likely to be needed which takes into account the varying interests and responsibilities of government, industry and individual operators. Council officers will continue to participate in the informal workshops and provide timely updates to the Elected Body as the project continues to advance.


11.8 Nominations sought for Local Government Association Mutual Liability Scheme Board

Author: Richard Michael, General Manager Business & Governance

Report Presenter: Richard Michael, General Manager Business & Governance

The elected members are advised that a circular has been received from the Local Government Association of South Australia calling for nominations for Board membership to the Local Government Association Mutual Liability Scheme Board (Circular 32.8).

Nominations are sought for two Local Government Members to the LGA Mutual Liability Scheme Board for three year term commencing in November 2015. Nominations must be forwarded to the LGA by close of business on Friday 2 October 2015. The Scheme is a self-managed discretionary fund, providing unlimited civil liability cover to Members. Membership is restricted to eligible bodies as defined. The Scheme is owned by the LGA and is operated as a business unit of the LGA and incorporates scheme administration, risk management and claims management. The terms of Mr Shaun Kennedy (City of Playford) and Mr John Ross (formally of Tatiara District Council) are due to expire in October 2015. Mr Kennedy is eligible for re-nomination. Mr Ross has advised that he will not be seeking re-nomination. According to the Scheme rules, a Member of the LGA Mutual Liability Scheme Board may appoint a Proxy Member who may attend meetings in the absence of the Board Member (Section 6.4 of the Scheme Rules). Further information and duties of the Scheme Board is available from http://www.lgrs.com.au/aboutmls. Sitting fees are not payable to Board Members. The LGA Mutual Liability Scheme Board meets quarterly on a Thursday morning for up to 2 hours. The meetings will be held in December 2015, March, June, September and December 2016 with an Annual Planning Day forum to be held in mid-February 2016. All Board Members must attend. Those persons interested in lodging a nomination for appointment to the LGA Mutual Liability Scheme Board must do so in the appropriate format by the close of business on Friday 2 October 2015, and must address the selection criteria. For further information regarding the selection criteria and required format for lodging the application, please contact Council’s General Manager, Business & Governance, Mr Richard Michael.

Recommendation That the reports on delegated authority and information items be received and the contents therein be noted by Council.


12. STATUTORY REPORTS FOR DECISION Statutory Reports for Decision encompass items that form a compliance or accountability function which is necessarily tied to the legislative guidelines under which Council operates. Recommendation 1 That the Agenda and reports presented under Item 12. – Statutory Reports for Decision of this ordinary meeting of the Light Regional Council held Tuesday, 25 August 2015 be received. (Items for withdrawal / discussion / consensus)

Recommendation 2 That the reports of the meeting of the Light Regional Council held Tuesday, 25 August 2015 and the associated recommendations as set out below under Item 12. Statutory Reports for Decision be adopted.

Item No: Report Heading (Index of Statutory Reports for Decision)

Page Withdraw

12.2.1 2014/2015 Financial Year Commitments Listing ................................. 50

12.5.1 Execution – Capital Road Works Funding Deeds ............................... 54

12.1 CHIEF EXECUTIVE OFFICER NIL REPORTS


12.2 GENERAL MANAGER, BUSINESS & GOVERNANCE

12.2.1 2014/2015 Financial Year Commitments Listing

Author: Rajith Udugampola, Finance Manager Report Presenter: Rajith Udugampola, Finance Manager Executive Summary Report highlights A schedule of commitments is presented to the Council for adoption in accordance with the Council’s Financial Year End Commitments Policy. The schedule shows project works not yet completed in the 2014/2015 Financial Year and therefore proposed to be carried forward to the 2015/2016 Financial Year. As shown in the Table 1 and 2, Operating Project commitments of $104,400 and Capital Project Commitments of $1,144,859 will be carried forward to 2015/2016 Financial Year. The commitments schedule includes funding commitments made by way of official purchase order, contractual or other expenditure obligations which remain substantially, partially or wholly uncompleted (i.e. not commenced) as at 30 June 2015 in relation to the 2014/2015 Operating and Capital Works Program. 2014/2015 unspent budget allocations with regard to ‘recurrent services’ are lost in a budgetary sense and are incorporated into the annual surplus or deficit on operations for 2014/2015 Financial Year. However, operating project expenses carried forward will have a negative effect on 2015/2016 operating results. In addition, unspent capital projects commitments carried forward to 2015/2016 Financial Year will have a negative impact on the forecast Operating Deficit of the Council for 2015/2016 Financial Year by way of increased interest expense on borrowings carried forward to 2015/2016 Financial Year. If the Council resolve to adopt the proposed recommendations, the items listed in the schedule of commitments will be formally recognised at the 2015/2016 First Budget Update to be undertaken in September 2015 and report to the Council following the adoption of the 2014/2015 Annual Financial Statements. The majority of the projects listed have commenced, therefore, only the remaining balance as at 30 June 2015 will be carried forward. Council is asked to consider the items listed and confirm that the programs not yet completed are to be carried forward into the 2015/2016 Budget. It should be noted that the Operating Project commitments to be carried forward to 2015/2016 will be offset with a $120,000 grant funding for operating projects. Capital Project commitments will be funded through proceeds from Fiddlewood Drive Land Development ($566,999), State Government Grant ($147,826) and borrowings. Budget Impact Will there be an impact to the Budget? YES Budget Impact Amount: $ 1,144,859 (Capital Project Expenditures) $ 104,400 (Operating Project Expenditure $ 120,000 (Grants income for Operating Projects) $ 566,999 (Proceeds from Sale of Assets) $ 147,826 (Grants income for Capital Projects) Is this included in the current year budget? NO (will be considered with the 1st Budget Review)


Recommendation That Council resolve to adopt the listing of financial commitments arising out of the 2014/2015 Financial Year operations and acknowledges that funds will formally be committed to those projects. Reasons for the decision The list of commitments represents those programs and projects commenced but not finalised, or not yet commenced in the 2014/2015 Financial Year that ought to be carried forward to the 2015/2016 Financial Year.


Detailed Report Purpose The purpose of this report is to provide the Council with a schedule of programs and projects which Council staff considers ought to be carried forward to the 2015/2016 Financial Year. Background The Financial Year End Commitments Policy was adopted by Council in 2007 and was reviewed and subsequently amended on 26 August 2014. The policy states at clause 4.1 that;

‘Council’s Management and Administration shall prepare a preliminary schedule of proposed programs and projects for which a commitment of funding is being sought from the current financial year’s operations going forward, for review by Council at its July ordinary or special meeting in each year. The schedule shall be developed having due regard for clause 3.0 of this Policy.

Council staff shall finalise the schedule of commitments of funding and present it to an ordinary or special meeting of Council prior to Council considering its Annual Financial Statements for the previous financial year’s operations.’

Discussion/Analysis In each financial year there will be programs, initiatives and projects that have been budgeted for in the current financial year, which due to various reasons have not commenced, or have commenced but are not completed. The following data is presented in accordance with Council’s policy and provides the Council with a schedule of the programs budgeted for in 2014/2015 Financial Year which in the view of Council staff should be carried forward to the 2015/2016 Financial Year. Table 1: Operating Project Commitments to be carried forward to 2015/2016 Financial Year Project Name Amount - $ Development Plan Amendments (Barossa Protection DPA ($30,000), Stormwater Management ($25,000) 55,000 Orchard Road Bridge - Concept Design 25,540 Township Futures Project – Kapunda ($5,000) and Freeling ($5,000) 10,000 Township Stormwater Management Plans 9,643 Kapunda Rail Trail 4,217 Total Carried Forwards 104,400 Table 2: Capital Commitments to be carried forward to 2014/2015 Financial Year

Project Name Amount - $

Hewett Shared Use Path Project 332,806 Kapunda Mine site Upgrade Works 320,601 Fiddlewood Drive Land Development 156,161 Hewett Recreational Precinct Stage 1 - Children's Playspace 116,346 Gomersal Road Bridge Repairs 50,000 Kapunda Library - Refurbishment works 47,276 Kapunda Library - Lift Upgrade 30,398 Installation of Solar Panel at the Depot 27,000


Installation of Fire Hydrants at Kapunda Tourist & Leisure Park 20,000 Freeling Offices Cabinet Relocation 20,000 Hill Street public amenities upgrade (Works completed end of July 2015)) 11,808 Freeling Institute Repairs 7,348 Upgrade and migration to Conquest III 2,145 Kapunda Cemetery Extension - Deposit for Land Purchase 1,500 Animal Enclosure Upgrade at Dutton Park 1,470

Total Carried Forwards 1,144,859 Conclusion The report is provided for information and discussion. References Legislation Section 137, Local Government Act 1999 Council Policies Policy No. 1.12, Financial Year End Commitments Policy Strategic Plan LRC Strategic Plan 2013 to 2017


12.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT NIL REPORTS 12.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT NIL REPORTS 12.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT

12.5.1 Execution – Capital Road Works Funding Deeds

Folder ID: 52817 Author: Richard Dodson, General Manager Infrastructure & Environment Report Presenter: Richard Dodson, General Manager Infrastructure & Environment Executive Summary Report highlights • Successful funding application - Heavy Vehicle Safety and Productivity Programme – Hancock

Road and Kidman Road freight routes • Successful funding application - Bridge Renewal Programme – Gomersal Road Bridge upgrade • Successful funding application - Black Spot Program – Stelzer Road upgrade • Successful funding application - MAC Road Safety – Gomersal Road upgrade • Successful funding application - Special Local Roads Funding – Seppeltsfield Road, Stelzer Road

and Samuel Road roundabout upgrade. Budget Impact Estimated Cost: $1,191,666 Future ongoing operating costs: Included in draft IAMP &

annual maintenance programs

Is this budgeted? Yes

Sufficient Funds? YES

Recommendation That Council, pursuant to sections 38 and 44 of the Local Government Act 1999, authorise the Mayor and Chief Executive Officer to sign and affix Council’s common seal to the following legal documentation: 1. Funding Deed under the Heavy Vehicle Safety and Productivity Programme

(Round Four) (Upgrade Hancock Road and Kidman Road, Kapunda); 2. Funding Deed under the Bridges Renewal Programme (Round One) (Upgrade

of Gomersal Road bridge, Tanunda); 3. Funding Deed under 2015-2016 Commonwealth Infrastructure Investment

Black Spot Program (Stelzer Road, from Seppeltsfield Road to Langmeil Road); and

4. Funding Deed under the 2015-2016 MAC Road Safety Fund (MAC LG 215/9) (Gomersal Road, Shea-oak Log).


5. Funding Deed and/or any other legal documentation required to facilitate the provision of the Special Local Roads Program funding for the Seppeltsfield Road, Stelzer Road and Samuel Road roundabout upgrade.

Reasons for the decision To facilitate the provision of the grant funding.


Detailed Report Purpose To advise Elected Members of the need for the Mayor and Chief Executive Officer to sign and affix Council’s common seal to the Heavy Vehicle Safety and Productivity Programme, Bridges Renewal Programme, 2015-2016 Commonwealth Infrastructure Investment Black Spot Program, 2015-2016 MAC Road Safety Fund and Special Local Roads Program funding deeds. Background Transport Infrastructure is a key part of Council’s asset base and a key component of those businesses that rely on an efficient and safe transport network to carry out their daily operations. Many of Councils road assets are nearing the end of their useful life and may no longer serve the need of those who use them on a regular basis. These key networks are expensive to upgrade and require additional construction effort to cope with the freight demand that is placed on them. The Infrastructure and Environment Department has lodged a number of applications over the past 6 months in an effort to gain funding to upgrade these road networks. Council has been extremely successful and the grant funding gained will provide significant stimulus into Council’s capital works program. History Item 5.1.1 Strategic Road Infrastructure Funding page 2015/80 Special Council Meeting on Tuesday 11 March 2015 Item IC9.5.1/2015 2015-2019 4 Year Capital Program page 2015/86 Council Minutes Tuesday 24 March 2015 Discussion/Analysis Heavy Vehicle Safety Productivity Programme

Council was successful in gaining $475,000 funding for the upgrade of the Hancock Road and Kidman Road freight routes. The work will include the widening of Hancock Road and the sealing of Kidman Road Kapunda to an 8.6m seal width to allow for Higher Mass Limits – B-Doubles. Council has committed to providing $475,000 in matching funding in the 2015-2016 financial year (Item 5.1.1/2015 Strategic Road Infrastructure Funding page 2015/80 Special Council Meeting on Tuesday 11 March 2015).

Bridge Renewal Programme

Council was successful in gaining $50,000 funding for the upgrade of the Gomersal Road Bridge. The work will include structural remediation of the bridge. Council has committed to providing $50,000 matching funding in its 2015-2016 Capital Works Program (Item IC9.5.1/2015 2015-2019 4 Year Capital Program page 2015/86 Council Minutes Tuesday 24 March 2015).

2015-2016 Commonwealth Infrastructure Investment Black Spot Program

Council was successful in gaining $440,250 in funding for the upgrade of Stelzer Road, from Seppeltsfield Road to Langmeil Road. The work will include the sealing of targeted sections of Stelzer Road, the installation of speed and hazard signage, tree and vegetation trimming the upgrade of road shoulders and line marking. Council is not required to contribute any funds to the project.

2015-2016 MAC Road Safety Fund

Council was successful in gaining $270,000 funding for the upgrade of Gomersal Road, between Gerald Roberts Road and Fromm Road. The work will include shoulder sealing and the installation of audio tactile line marking. Council is not required to contribute any funds to the project.


Special Local Roads Program

Council was successful in gaining $1.33m funding for the construction of a roundabout at the Seppeltsfield Road, Stelzer Road and Samuel Road intersection. Council has committed to providing $666,666 funding towards the project (Item 5.1.1/2015 Strategic Road Infrastructure Funding page 2015/80 Special Council Meeting on Tuesday 11 March 2015).

Common Seal

To secure the Heavy Vehicle Safety Productivity Programme, Bridge Renewal Programme, 2015-2016 Commonwealth Infrastructure Investment Black Spot Program, and 2015-2016 MAC Road Safety Fund funding, Council was required to execute the funding deeds as a matter of urgency, by way of common seal. At that time Council had not yet passed a resolution authorising the use of the Common Seal for this purpose.

Given that Council was aware of the funding applications submitted for these projects, and had committed to providing appropriate funding (where applicable), the General Manager of Infrastructure and Environment sought approval from the Mayor and the Chief Executive Officer to sign and affix Council’s common sealed prior to a resolution of Council being passed. Council expects to receive legal documentation to facilitate the provision of the Special Local Roads Program funding within the coming weeks and anticipates that this documentation will also require execution by way of common seal.

Conclusion Council’s common seal is required facilitate the provision of the successful grant funding. References Legislation Local Government Act 1999 Council Policies Strategic Plan 13. POLICY REPORTS FOR DECISION Policy Reports for Decision encompass items which define matters of Council strategy, operational policy, monitoring and supervision. 13.1 CHIEF EXECUTIVE OFFICER NIL REPORTS



13.2.1 Christmas Closure 2015

Author: June Austin, HR & Governance Manager Report Presenter: June Austin, HR & Governance Manager

Executive Summary Report highlights To provide Council the opportunity to consider the closure of Council’s Freeling and Kapunda offices during the Christmas / New Year period. Budget Impact Will there be an impact to the Budget? NO Budget Impact Amount: Is this included in the current year budget? YES

Recommendation 1. That Council offices close at 12 noon on Thursday, 24 December 2015, and reopen at

9:00am on Monday, 4 January 2016.

2. That staff access annual leave and / or rostered days off on those days that are not public holidays during the office closure period.

3. That Council advertises the closure through its newsletter and in public notices, providing emergency after hours telephone numbers.

Reasons for the decision Formalisation of the Christmas closure.


Detailed Report Background Council has traditionally closed its Freeling and Kapunda offices for Christmas at 12 noon on the last business day prior to Christmas and reopens the offices at 9:00am on the first business day after the New Year’s Day public holiday. Discussion/Analysis The Chief Executive Officer advises that staff access leave entitlements on those days that are not public holidays during the Christmas / New Year period and it is recommended that Council give its approval to the office closure at 12 noon on Thursday, 24 December 2015. Council will then reopen the offices at 9:00am on the first business day after the New Year’s Day public holiday meaning it will be Monday, 4 January 2016.


13.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT NIL REPORTS 13.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT

13.4.1 Nuriootpa West (Industry BVR Zone) Development Plan Amendment – Summary of Consultation and Proposed Amendments

Folder ID: 23969 Appendix: 13.4A Nuriootpa West (Industry BVR Zone) DPA 13.4B Summary of Consultation and Proposed Amendments

Report 13.4C Updated Amendment Document (with track changes) 13.4D Summary and Response to Agency Submissions Author: Andrew Chown, Principal Project Planner Report Presenter: Andrew Chown, Principal Project Planner Executive Summary Report highlights • This report is provided to advise Council of:

o The outcomes of public and agency consultation with respect to the Nuriootpa West (Industry BVR Zone) Development Plan Amendment (DPA);

o Proposed amendments made to the DPA as a consequence of consultation responses and subsequent investigations; and

• To seek endorsement of the Elected Body of the DPA to allow its submission to the Minister for

Planning, the Hon. John Rau for approval. • The above matters are described in further detail in the ‘Summary of Consultation and Proposed

Amendments’ (SCPA) Report and its attachments, which are included as Appendix 13.4B. The SCPA is a key document in the DPA process and necessary for submission to the Minister for Planning in support for the approval of the DPA.

• The DPA was subject to an eight (8) week statutory consultation process with both Government

agencies and the community, commencing on 11 March 2015 and concluding on 13 May 2015. During this time a total of fourteen (14) submissions were received, of which one (1) submission noted a desire to address the Council at a Public Hearing (held 21 May 2015). A Summary of Submissions was presented to the Elected Body (via the Strategy Committee) at its July 2015 meeting (Item STR 9.4.2/2015).

• An analysis of the submissions resulted in appropriate minor amendments to the final

documentation and Amendment Document. Details of the updates is included in the SCPA (refer Appendix 13.4B), whilst an updated Amendment Document (with ‘track changes’) is included as Appendix 13.4C.

• It is important to note that the general intent of the policies has not been changed; rather the updates and amendments reflect a refinement in policy expression and provide additional direction on key matters.

• Discussion is provided in this report under the following headings, based upon the content and

attachments of the SCPA (refer to Appendix 13.4B):


• Public and Agency Submissions • Review of Submissions and Public Meeting • Additional Matters and Investigations • Additional Consultations • Summary of Recommended Changes to the Amendment following Consultation

• Following consultation and the consideration of the comments raised in the public and agency

submissions (including follow-up discussions and additional review), Council staff consider that the DPA (as amended) is now in a final form suitable for submission to the Minister for Planning for approval and therefore Council endorsement of the DPA is recommended.

Budget Impact Estimated Cost: $Nil Future ongoing operating costs: $Nil Is this budgeted? N/A

Recommendation That Council:

1. Authorises the Chief Executive Officer to sign the Certificate 4B as required by the Development Act 1993 on the basis that Council determines the Nuriootpa West (Industry BVR Zone) Development Plan Amendment to be an amendment to the Light Regional Council Development Plan which is in an appropriate form and is suitable for approval and; a) that the Council has complied with the requirements of Section 25 of the Development

Act 1993 , b) in relation to any alteration to the amendments or amendments recommended by the

Council in its report under Section 25(13)(a) of the Development Act, that the amendment or amendments (as altered)- (i) accord with the Planning Strategy, on the basis that each relevant provision of

the Planning strategy that relates to the amendment or amendments has been specifically identified and addressed, including by an assessment of the impacts of each policy reflected in the amendment or amendments against the Planning Strategy, and on the basis that any policy which does not fully or in part accord with the Planning Strategy has been specifically identified and an explanation setting out the reason or reasons for the departure from the Planning Strategy has been included in the report of the Council, and,

(ii) accord with the other parts of the Development Plan (being those parts not affected by the amendments or amendments), and,

(iii) complement the policies in the Development Plan for adjoining areas, and, (iv) satisfy the other matters (if any) prescribed under Section 25(14)(b)(ii) of the

Development Act 1993. 2. Delegates to the Chief Executive Officer, who may delegate to the General Manager -

Strategy & Development and Principal Project Planner, the authority to submit the Nuriootpa West (Industry BVR Zone) Development Plan Amendment and supporting materials to the Minister for Planning for approval, and further delegates authority to the officers listed above to make any further minor alterations/ amendments as may be required by the Minister in order to obtain final authorisation.

Reasons for the decision To finalise the Nuriootpa West (Industry BVR Zone) Development Plan Amendment and seek Ministerial approval of the document.


Detailed Report Purpose To advise Council of:

• The outcomes of public and agency consultation with respect to the Nuriootpa West (Industry BVR Zone) Development Plan Amendment (DPA);

• Amendments made to the DPA as a consequence of consultation responses and subsequent investigations; and

To seek endorsement of the Elected Body of the DPA to allow its submission to the Minister for Planning, the Hon. John Rau for approval.

Background The Nuriootpa West (Industry BVR Zone) Development Plan Amendment (DPA) was identified as a priority project within Council’s Strategic Directions Report, originally endorsed by the Elected Body in December 2012. Since this time, Council officers have worked to prepare the necessary documentation and undertake both informal and formal public consultation to ensure that the DPA is reflective of community aspirations for the affected area to the west of Nuriootpa. At its meeting held 24 February 2015, the Elected Body resolved to: 1. Endorse the Nuriootpa West (Industry BVR Zone) Development Plan Amendment (DPA) as being

appropriate to proceed to public and agency exhibition.

2. Authorise the Chief Executive Officer to sign the Schedule 4a Certificate in accordance with the requirements of the Development Act 1993.

3. Release the Nuriootpa West (Industry BVR Zone) Development Plan Amendment for concurrent agency and public consultation.

4. Make the DPA available for the statutory two-month timeframe at the following locations: • An electronic copy of the DPA will be available on Council’s website at all times during the

consultation period • Hard copies of the DPA will be available at:

• Kapunda Principal Office – 93 Main Street, Kapunda • Freeling Branch Office – 12 Hanson Street, Freeling • Freeling Library – 7 Hanson Street, Freeling • Greenock Library – Kapunda Road, Greenock • Kapunda Library – 53 Main Street, Kapunda

5. Further, that Council delegates to the Chief Executive Officer, who may delegate to the General

Manager - Strategy & Development and the Principal Project Planner: a. Authority to make any minor amendments to the Development Plan Amendment document (non-

policy related) in order to finalise the draft for exhibition. b. Authority to investigate and utilise various methods of consultation (in addition to the statutory

requirements). c. The ability to set the appropriate dates of the exhibition period including the date and location of

the Public Hearing to be held at the conclusion of the exhibition period (if required). Statutory consultation with both the community and Government agencies was undertaken in accordance with legislative requirements between 11 March 2015 and 13 May 2015. Notices were published in the ‘The Advertiser’ and ‘Government Gazette’ on 12 March 2015 and local newspapers ‘The Bunyip’, ‘The Herald’ and ‘The Leader’ on 11 March 2015.


The DPA documents were also on display at Council’s offices and libraries whilst also being made available on the Council’s website. A public information session was held at the Kapunda council Chambers on 15 April 2015. A copy of the DPA (as placed on consultation) was forwarded to the Department of Planning, Transport & Infrastructure (DPTI) on 11 March 2015. During the consultation process a total of nine (9) Public submissions and five (5) Agency submissions were received which raised various issues with respect to the proposed DPA. One (1) public submission requested to be heard by the Council, and a Public Hearing was held on 21 May 2015. A ‘Summary of Submissions’ was considered by the Strategy Committee and a recommendation made to the Elected Body at the respective meetings held in July 2015. Following this, Council staff have been working to settle on appropriate amendments which address the matters raised in the submissions. These matters are described in further detail in the ‘Summary of Consultation and Proposed Amendments’ (SCPA) Report and its attachments which is included as Appendix 13.4B to this report. The SCPA is a key document in the DPA process and necessary for submission to the Minister for Planning to support an approval of the DPA. History • 27 August 2013 (Item S&P9.4.2/2013) – Nuriootpa West (Industry BVR Zone) Development Plan

Amendment – Statement of Intent (Statement of Intent endorsed by Council) • 8 November 2013 – Statement of Intent approved by Minister for Planning • 24 February 2015 (Item STR9.4.1/2015) – Nuriootpa West (Industry BVR Zone) Development Plan

Amendment – Draft for Consultation • 28 July 2015 (Item STR 9.4.2/2015) – Nuriootpa West (Industry BVR Zone) Development Plan

Amendment – Public Exhibition Outcomes and Next Steps Discussion/Analysis The history and proposed intent of the DPA have been described in detailed reports considered by the Elected Body previously, in particular the report presented to the meeting held 24 February 2015. Amendments made following consultation largely amount to ‘fine-tuning’ and refinement of policy expression and it is important to note that the general intent of the policies has not been changed. Discussion in this report is provided under the following headings, based upon the content and attachments of the SCPA (refer to Appendix 13.4B): • Public and Agency Submissions • Review of Submissions and Public Meeting • Additional Matters and Investigations • Additional Consultations • Summary of Recommended Changes to the Amendment following Consultation

Public and Agency Submissions

Public Submissions

A total of nine (9) public submissions were received. The content of these submissions has been addressed in the Summary of Submissions Table and SCPA (where appropriate), however it is considered important to note that a number of the submissions supported the general policy position within the DPA, with only minor amendments and updates suggested for consideration. These amendments have been accommodated where deemed appropriate. Agency Submissions

A total of five (5) responses were received from agencies. Generally speaking, all agencies were supportive of the DPA’s intent, with only minor amendments to policy expression noted. Review of Submissions and Public Meeting

As detailed above, one (1) person who lodged a submission requested to be heard at a public meeting held on Thursday 21 May 2015. A summary of the verbal submissions is included in the attached SCPA.


Additional Matters and Investigations

The analysis of the submissions revealed that the matters raised were largely specific to particular policy expression and refinement and a number of minor map amendments. As these adjustments are minor in nature, additional matters and investigations were not considered necessary. Additional Consultations

As noted in the preceding section, the amendments and updates made to the documentation were considered minor, with the overall intent of the DPA and policy content remaining unchanged. On this basis, it was not considered that further consultation was required as a result of this process, given it was undertaken to ensure consistency is maintained. Summary of Recommended Changes to the Amendment following Consultation A summary of the core recommended changes to the Amendment following consultation and in response to agency comments is included below and provided in greater detail as Appendix 13.4D: Precinct 11 – Samuel Road (a) PDC 37 - Update PDC 37 to clearly identify ‘service trade premises’ as an appropriate use within the

low impact area of Precinct 11 – Samuel Road.

(b) PDC 39 – Update PDC 39 to provide greater clarity on the types of uses considered appropriate within the Separation Areas shown on Concept Plan Lig/2 – Samuel Road Industry – (Nuriootpa).

Non-Complying List (a) Primary Production Zone –

(i) Correct reference to ‘Part Section 569, Hundred of Belvidere’ under ‘waste reception, storage, treatment or disposal’ to cite ‘Part Section 69, Hundred of Belvidere’.

(ii) Insert additional clarification under ‘waste reception, storage, treatment or disposal’ within point (e) to reference the adjacent Industry Zone.

(b) Industry (Barossa Valley Region) Zone – Update the list of exceptions within the table to ensure clear and consistent policy expression is provided.

Public Notification Table (a) Industry (Barossa Valley Region) Zone –

(i) Update and amend the Public Notification table to emphasise those land uses identified as Category 1 where the site is located outside of the separation areas;

(ii) Remove reference to land uses occurring within the separation areas from identification as ‘Category 2’ as these forms of development are managed via Schedule 9 of the Development Regulations 2008.

(iii) Insert reference to ‘Service Trade Premises’ as a ‘Category 2’ form of development where occurring within the separation areas.

Precinct 41 – Samuel Road Effluent Disposal Lagoons (a) PDC 23 – Insert additional clarification within PDC 23 to reference the adjacent Industry Zone.

(b) PDC 26 – Update PDC 26 to remove reference to the Samuel Road frontage to ensure screening vegetation on the allotments is generally maintained.

Mapping (a) Concept Plan Map Lig/2 – Samuel Road Industry – Amend this Concept Plan to reduce the proposed

Separation Area to the north-west side of Samuel Road, Nuriootpa (CT:5443/286) from 50m to 25m.

(b) Concept Plan Map Lig/12 – Samuel Road Effluent Disposal Lagoons – Update this Concept Plan to identify the existing screening vegetation strip located to the northern boundary of 58 Liebig Road, Nuriootpa (CT:6123/928).


Conclusion Following consultation and the consideration of the comments raised in the Public and Agency submissions including follow-up discussions and additional review, Council staff consider that the DPA (as amended) is now in a final form suitable for submission to the Minister for Planning for approval. Council endorsement of the DPA is therefore recommended to allow the DPA to be formally submitted to the Minister. References Legislation Development Act 1993 & Development Regulations 2008 Council Policies N/A Strategic Plan 3.3 What we deliver 3.3.1 Development Plan Amendments


13.4.2 Local Nuisance and Litter Control Bill, 2015

Author: Lisa Sapio – Manager, Development Services Craig Doyle – General Manager - Strategy & Development Report Presenter: Craig Doyle – General Manager - Strategy & Development Executive Summary Report highlights This report is provided to advise the Elected Body of the ‘Local Nuisance and Litter Control Bill 2015' (the draft Nuisance and Litter Bill) drafted by the Environment Protection Agency. Comment is sought on the draft by both the Local Government Association (by 21 August 2015) and the Environment Protection Authority (EPA - by 31 August 2015). A copy of the Draft Nuisance and Litter Bill and Explanatory Report (created by the EPA) can be found at: http://yoursay.sa.gov.au/decisions/local-nuisance-and-litter-control/about

The Explanatory Report outlines the proposed legislation and intended administrative arrangements involving Local Government. The primary aim, “...is to reduce the prevalence of nuisance complaints through a greater understanding of nuisance, better consideration of nuisance, better consideration of nuisance in development assessment, and improved methods of resolution, and to lower the prevalence of litter across South Australia, particularly in tourist and shopping precincts. The draft Bill seeks to formalise the roles of State and Local Government in managing local nuisances, to establish consistency across the state in the way nuisance is managed and to provide the community with effective local management of nuisance complaints”.

The guiding principle of the draft Bill is to clearly delineate Council responsibility for local nuisance issues that are separate from those activities of environmental significance as defined in the Environment Protection Act 1993 (which cause potential or actual material or serious environmental harm). It is proposed that the EPA continues to deal with activities licenced under the EP Act together with those nuisance matters that have serious or material environmental harm. Other functions/ responsibilities for management would therefore transfer to Councils, as explained more fully in this report.

Aside from management of nuisance issues, the Bill also proposes to consolidate and modernise legislative provisions for litter control in South Australia, including tiered offences depending on the type of litter, improvements in the use of surveillance for evidence gathering in the case of illegal dumping (linking an offence to the registered owner of a vehicle) and allowing other agencies (such as KESAB) to become authorised to undertake compliance activities.

Staff consider that the proposed legislation offers some streamlining benefits in key areas concerning litter control (including abandoned vehicles) and management of insanitary conditions. The transfer of functions with respect to managing local nuisance issues is of more concern however; as there is the potential that this will have a significant and unanticipated resource impact on Council’s service delivery. Budget Impact Estimated Cost: $Unknown Future ongoing operating costs: $Unknown Is this budgeted? No

Additional Comments (incl Labour Component if applicable): In-kind contributions expected through reallocation of current resourcing.

http://yoursay.sa.gov.au/decisions/local-nuisance-and-litter-control/about


Recommendation That Council authorises the Chief Executive Officer, who may delegate to the General Manager - Strategy and Development and Manager - Development Services, to provide a submission to the Environment Protection Authority with respect to the draft Local Nuisance and Litter Control Bill 2015 highlighting the following: • The amendments to litter provisions (including addition of abandoned vehicles),

consolidation of legislation in this respect and refinement of insanitary conditions clauses are appropriate and should assist Councils in the management of issues in these areas; and

• The transfer of management of ‘local nuisance’ issues to Councils is not supported, as:

o there is the potential that this will have a significant and unanticipated resource impact on Council’s service delivery, given in particular the broad definition that has been applied to ‘local nuisance’ and the obligation/ responsibility that will be transferred to Council to thoroughly investigate all complaints received with respect to these matters, some of which may be particularly complex or challenging;

o No further resources (financial, training or equipment) are offered to off-set the costs to local communities of absorbing these responsibilities; and

o Further, it is noted that the Local Government Excellence Panel’s acceptance of this direction was qualified by Councils first having an opportunity to explore establishing regional structures to assist in the management and delivery of these services, which while allowed for, is not a prerequisite in the draft legislation.

Reasons for the decision To provide feedback with respect to the draft Local Nuisance and Litter Control Bill 2015.


Detailed Report Purpose This report is provided to advise the Elected Body of the draft ‘Local Nuisance and Litter Control Bill 2015’ (the draft Nuisance and Litter Bill) on which comment is sought by both the Local Government Association (by 21 August 2015) and the Environment Protection Authority (EPA - by 31 August 2015). Background In 2013 Local Government was advised of proposed reforms whereby duties currently undertaken by the EPA would be transferred to Local Government, including enforcement with respect to issues including local litter, noise nuisance and wood heater complaints, which it believed the EPA considered that Councils were best placed to respond to.

The Environment Protection Authority (EPA) has now drafted legislation called the draft Nuisance and Litter Bill and the Local Government Association (LGA) has sought comment on the proposed Bill. The explanatory report created by the EPA can be found at:


The Explanatory Report outlines the proposed legislation and intended administrative arrangements involving Local Government. The primary aim, “..is to reduce the prevalence of nuisance complaints through a greater understanding of nuisance, better consideration of nuisance, better consideration of nuisance in development assessment, and improved methods of resolution, and to lower the prevalence of litter across South Australia, particularly in tourist and shopping precincts. The draft Bill seeks to formalise the roles of State and Local Government in managing local nuisances, to establish consistency across the state in the way nuisance is managed and to provide the community with effective local management of nuisance complaints”.

History Nil Discussion/Analysis EPA Comments from the Explanatory Report

The guiding principle of the draft Bill is to clearly delineate Council responsibility for local nuisance issues that are separate from those activities of environmental significance as defined in the Environment Protection Act 1993 (which cause potential or actual material or serious environmental harm). It is proposed that the EPA continue to deal with activities licenced under the EP Act together with those nuisance matters that have serious or material environmental harm.

The EPA explains that ‘local nuisance’ activities include those that may impact on the enjoyment of surrounding areas, such as noise, smoke and dust emissions. In providing background/ basis for the proposed changes, the EPA has analysed all ‘nuisance’ complaints that it responded to between 2011-2012 and 2013-2014. This shows that the EPA indicates that it responded to an average of 708 public complaints per annum regarding ‘local nuisance’ issues in this period, with in excess of 80% of these complaints originating from metropolitan Adelaide. From this, the EPA interprets that the greater occurrence of land use conflicts (mostly noise-related) is in the higher-density metropolitan area, noting that regional Councils manage (a much-reduced number of) nuisance complaints they receive themselves, mainly as the EPA has a limited presence outside of metropolitan Adelaide and the South-East.

EPA surveys suggest that there is considerable confusion within the community about State and Local Government roles and responsibilities related to the management of local nuisance issues. Accordingly, the draft Bill seeks to formalise the role of Local Government in managing such matters and establish consistency in their management across the State, to provide the community with more effective management and certainty of such issues.

In its Explanatory Report, the EPA also notes that the majority of Councils currently undertake some level of responsibility for management of local nuisance matters using the Environment Protection Act 1993 (EP Act) and Environment Protection (Burning) Policy 1994 either by appointing Authorised Officers, as delegates of the EPA or as administering agencies, whereby the Council administers the EP Act, and has access to all of its tools, for non-licensed matters. Councils also exercise other environment protection responsibilities relating to noise, littering, waste and stormwater pollution prevention through the



Development Act 1993, Public Health Act 2011, Dog and Cat Management Act 1995 and Local Government Act 1999.

In this, the EPA suggests that the Bill will not create new functions for Councils, as the majority of Councils are already actively engaged in the management of local nuisance matters to some degree, such as littering and illegal dumping. However, it is noted that the type and volume of nuisance issues managed varies significantly between Councils, and there is still currently an expectation that the EPA has a role in the management of some or all types of nuisance complaints. South Australia is the only state where Local Government responsibility in this area is not legislated to some degree.

The EPA also expresses a view that mandating Council management of nuisance complaints will encourage better consideration of potential nuisance issues in the discharge of existing planning functions, thereby proactively reducing nuisance in the community. This comment is noted in particular reference to consideration of the location of air-conditioning units and swimming pool pumps with respect to sensitive nearby receptors, such as adjacent sleeping areas, which will require greater management consideration as dwelling densities increase over time. It is noted though that this implied criticism is somewhat ill-founded, particularly as not all residential air-conditioning units require formal approval (several are exempted) and swimming pool pumps are often required to be accommodated in noise-abating shroud as a matter of course.

Aside from management of nuisance issues, the Bill also proposes to consolidate and modernise legislative provisions for litter control in South Australia, including tiered offences depending on the type of litter, improvements in the use of surveillance for evidence gathering in the case of illegal dumping (linking an offence to the registered owner of a vehicle) and allowing other agencies (such as KESAB) to become authorised to undertake compliance activities.

Key elements of the Bill

Objectives (Section 4)

The objects of the Act are:

(a) to protect individuals and communities from local nuisance; and

(b) to prevent littering; and

(c) to improve the amenity value of local areas; and

(d) to promote the creation and maintenance of a clean and healthy environment.

Interaction with Other Acts (Section 5)

The Act does not apply to activities with an environmental authorisation (under the EP Act 1993) except for any parts involving travel of a vehicle by road (where littering may occur) for a waste transport business (Category ‘A’ or ‘B’) or dredging or earthworks drainage.

Noise generated on premises licensed under the Liquor Licensing Act 1997 is also excluded if the relevant licence includes a condition to prevent noise emanating from the premises.

Functions of Councils (Section 7)

Councils become the principal authority for dealing with local nuisance and littering under the proposed Act for its Council area. In performing these functions, a Council must have regard to guidelines prescribed in the regulations for managing unreasonable complainant conduct.

Council failing to perform under the Act (Section 9)

Where the Minister is of the opinion that a Council has failed to perform a function the Minister may step in and perform that function. Before doing so, the Minister must first contact the Council and invite submissions/ discussions on the matter. The Minister can also recover any costs involved in exercising powers from the affected Council as a debt.

Annual reports by Councils (Section 10)

Councils will be required to prepare a report detailing their performance of duties under this legislation for each financial year.

Meaning of ‘Local Nuisance’ (Section 18)

This definition is a key element of the proposed legislation and is described as:

(1) for the purposes of this Act, a local nuisance is-

(a) any adverse effect on an amenity value of an area that—


(i) is caused by—

(A) light, noise, odour, heat, smoke, fumes, aerosols or dust; or

(B) animals, whether dead or alive; or

(C) any other agent or class of agent prescribed by regulation; and

(ii) unreasonably interferes with or is likely to interfere unreasonably with the enjoyment of the area by persons occupying a place within, or lawfully resorting to, the area; or

(b) insanitary conditions on premises that unreasonably interfere with or are likely to interfere unreasonably with the enjoyment of premises occupied by 15 persons in the vicinity; or

(c) unsightly conditions, of a kind prescribed by regulation, on premises caused by human activity or a failure to act; or

(d) a contravention of, or failure to comply with—

(i) a provision of an environment protection policy prescribed by regulation; or

(ii) a provision of any other Act or law prescribed by regulation; or

(e) anything declared by regulation to constitute a local nuisance,

but does not include anything declared by regulation not to constitute a local nuisance.

(2) For the purposes of subsection (1)(b), conditions on premises will be taken to be 25 insanitary if an authorised officer reasonably believes that—

(a) the premises are so filthy or neglected that there is a risk of infestation by rodents or other pests; or

(b) offensive material or odours are emitted from the premises.

(3) In this section animals includes insects.

It is understood that Part 2 above reinstates certain powers that were repealed in the change from the Public and Environmental Health Act 1987 to the South Australian Public Health Act 2011 and that this was sought by Local Government representatives in the drafting of the Bill.

Liability of Vehicle Owners

Recognising the significant costs involved in clearing Illegal dumping and littering associated with vehicles, this legislation includes a provision making abandoned vehicles a form of litter, transferring content from the Local Government Act 1999 and adding to its enforcement ability by attaching responsibility for an offence committed in association with or from that vehicle to its owner (similar to the approach taken with speed and red-light camera infringements, where the owner of a vehicle has the option to declare a third party was responsible for the vehicle at the time of the offence).

This provision will also be critical by allowing an expiation to be issued to the owner of a vehicle identified via licence plate. There will be allowance for an owner, via statutory declaration, to state that someone else is responsible for any offence as is the case with speed and red-light camera offences. There is also a defence provision should the vehicle have been stolen or otherwise was not in the possession or control of the owner through some unlawful act at the time of the alleged offence.

There is also provision for the exemption of drivers of passenger vehicles where there is littering from the vehicle (buses and taxis) due to the action of passengers. However, such persons are deemed responsible where they are witnessed as committing the offence themselves.

Public litter reporting

The draft Bill, in addition to applying responsibility to the owner of a vehicle, contains a provision to allow for improved public reporting of litter by formalising a citizen’s notification of littering. This provision stipulates that the contents of the notification may constitute evidence of the offence, which will allow expiations to be issued as a result of public litter reports.

Significant provision for civil remedy by affected parties

The proposed legislation features the ability for courts to order civil remedies. This allows administering agencies, individuals or other body corporates impacted by a contravention or a potential contravention to apply to the courts for a civil remedy.


The inclusion of civil remedies provisions will provide an alternative route for complaint resolution that may be exercised separately from the Council or administering body. This will be particularly useful for circumstances where a Council or administering body has been unable to determine a contravention through its own investigation and is unable to progress a complaint to the satisfaction of the complainant. It will also be a useful alternative option for complainants where complaints are deemed unjustifiable or unreasonable by a Council or administering body.

Compliance standards set via regulation

The Minister will be able to establish, via regulation, standards to further guide the implementation of the Bill. There will be provision for standards to be developed to guide evidentiary provisions that would prove an offence. For example, a standard test for what constitutes nuisance in so far as amount of smoke from a solid fuel heater would be prescribed as a standard that must be met. Similarly, it may be that prohibited hours are determined for certain activities to reduce noise nuisance similar to provisions within the Environment Protection (Noise) Policy 2007. This provision will not limit the ability to prove an offence where a standard is not in place but be used as an improved determination where it is possible to define such standards. Councils or administering bodies would be able to permit activities to occur outside of the standards where appropriate. The Minister will consult with Councils, administering bodies, the LGA, and the community in developing a standard.

Councils may work together to address nuisances

The Local Government Act 1999 allows for Councils to establish regional subsidiaries. There is the potential for Councils to work collaboratively and share Authorised Officers between Councils and for other administering bodies to act on behalf of one or more Councils.

Regional arrangements will allow smaller Councils in particular to administer the Act by agreements with adjoining Councils. These provisions will allow for one authorised officer to undertake duties across multiple Council areas. However, such arrangements may also benefit larger metropolitan Councils given their proximity to each other.

Other organisations may undertake compliance

As noted, the Minister may prescribe other organisations or public authorities as administering bodies through regulation for all or part of the Act (i.e. KESAB and government agencies). Administration of the Act by such agencies may be limited by the Minister, including the limitation of powers for Authorised Officers.

Where an organisation seeks to be an administering body (i.e. not a Council) the Minister must consult with the Local Government Association in making their decision. The Minister may approve an administering body with conditions. For example, a condition may be applied that, in order to operate in the area of a Council there must be an agreement in place with that Council to do so.

The Minister may also allow administering bodies that are not Councils to regulate all or some Council generated nuisance or littering as part of the prescription/authorisation process. This would allow KESAB, as an example, to regulate litter from Council activities.

Penalties

The legislative provisions for enforcement include considerable penalties for offenders as a deterrent, particularly for large scale illegal dumping of rubbish and insanitary conditions. The legislation may also allow Councils to adequately deal with offences such as unsightly yards not otherwise appropriately dealt with under other legislation such as Development Act or Public Health Act provisions.

Light Regional Council Comments

In researching the subject matter, the following extract from the ‘Strengthening South Australian Communities in a Changing World – The Council of the Future’ Report (December 2013) prepared by the Local Excellence Expert Panel (Hon. Greg Crafter AO, Christine Trenorden and Prof Graham Sansom) for the LGA, was noted as pertinent.

Since 2005, Councils have been able to volunteer to be declared an administering agency, under the Environment Protection Act 1993. As an administering authority a Council would be able to administer and enforce the Act, with certain exceptions.

There is a sense of inevitability around Councils being handed the responsibility of dealing with local environmental nuisance, a collective term for acts and activity presently addressed under the Environment Protection Act and in some other legislation. This is a function that some members of the community expect to be addressed by Local Government, given that other sources of nuisance (e.g.; dog barking) are presently addressed by Council officers.


Increasingly there will be pressure for Local Government to shoulder this responsibility. Earlier in 2013 a draft Bill was proposed. While this responsibility would be a difficult burden for smaller Councils already suffering financial constraints, it is a role that could be shared by a group of Councils through the regional Council model, on the basis that necessary support was provided by the State Environment Protection Authority (EPA) (our emphasis). In fact, it would seem more appropriate for investigation of a complaint of local environmental nuisance and any necessary actions to be taken at a regional level than a State level. The Panel recommends that in the future Regional Councils should assume the responsibility for investigating and resolving matters of local environmental nuisance, on condition that the EPA support the Authority with expertise and equipment.”

The above has been underlined as a key point from the LGA’s own review, being that accepting this transfer of responsibilities should be on the proviso of it being a shared task across the regions, which would take time to explore/ implement, rather than simply having the State impose this cost and responsibility for this to each of the 68 Councils individually.

The proposed consolidation of statutes aimed at the management of litter seems reasonable, as does the tools to manage insanitary conditions. Comments that should be provided in responding to the consultation process include the following:

General

• LGA Excellence Report (above) supported a shared resource/ regional implementation model as a qualifier, not an option;

• No additional resourcing is offered for the additional duties being shifted from State to Local Government.

Litter / Abandoned Vehicles and Insanitary Conditions

• The amendments to litter provisions (including addition of abandoned vehicles), consolidation of legislation in this respect and refinement of insanitary conditions clauses are appropriate and should assist in the management of issues in these areas.

Local Nuisance

• The proposed legislation introduces the term ‘nuisance’ as a formal grounds for complaint from one party against an alleged offender. Whilst the legislation does seek to define what constitutes a ‘nuisance’ under the Act, there will need to be a significant education program for both Councils and the community on the precise intent of the legislation. The term ‘nuisance’ can be rather ambiguous and very subjective. For example, levels of tolerance to noise vary greatly from individual to individual. What one person may tolerate might concern another. Methods to settle such disputes require clear guidelines to facilitate understanding.

• The aim of achieving greater legislative consistency with other States, providing complaint resolution mechanisms closer to the location of the infringement and providing greater alignment with community expectations are understood. It is noted though that the numbers provided in the Explanatory Report as the basis for this change seem low. Over four years an average of 708 complaints were received by the EPA for local nuisance issues, of which only 5% (or an average of 35 per annum) were physically investigated. This averages at less than one per week over a year.

• There may be key differences in the ways that State Government agencies like the EPA and Councils operate in the regulatory space. The EPA Nuisance Complaints Analysis Summary in the Explanatory Report shows that the EPA has used a process of categorising complaints before escalating certain ones to an investigation, of which only 5% (on average) have qualified. This is understandable in the context of a State agency with a broad area to cover, but as an average of 86% of complaints (to date) emanate from metropolitan Adelaide, greater physical investigation would be possible. In contrast, staff expect that Council will be required to physically investigate every complaint lodged which will impact its resourcing and broader service delivery accordingly.

• In this context, Council staff are concerned that the proposed definition of ‘local nuisance’ is extremely broad and Council’s Authorised Officers (General Inspector and Environmental Health Officer) would therefore be required to respond to a large number of community complaints with respect to these matters in addition to their normal duties.

• The resourcing/ costs of this duty shift are unknown and difficult to estimate based on the information available. It is understood that the EPA has projected that additional cost imposts on Councils would be minimal (based on the current situation). However staff note that with the broad definition of ‘local nuisance’ and investigation expectations it is likely that the impost on current resources will be high, as will potential additional clean-up (litter/ abandoned vehicles) costs and


evidence-gathering/ prosecution (legal/ courts) costs. Based on this, it is likely that the overall impact on Council’s budget and other activity areas will be higher than EPA projections.

• The EPA have suggested that bodies such as KESAB can be contracted by Councils to provide this service. The requirement for Council officers to investigate noise and wood heater smoke complaints will place considerable time burden upon Council officers. These are all un-resourced and un-budgeted.

• Reasonable responsiveness/ after-hours follow-up expectations have not been discussed, which are potentially different for Councils than the EPA. There is the potential for more after-hours call-outs re: complaints with respect to these matters.

• Other administrative matters, such as Ministerial intervention in the event of non-performance and additional annual reporting responsibilities are also noted for general awareness and consideration.

Conclusion Staff consider that the proposed legislation offers some streamlining benefits in key areas concerning litter control (including abandoned vehicles) and management of insanitary conditions. The transfer of functions with respect to managing local nuisance issues is of more concern however; as there is the potential that this will have a significant and unanticipated resource impact on Council’s service delivery. References Legislation Local Nuisance and Litter Control Bill 2015 (Draft) Development Act, 1993 Local Government Act, 1999 Public Health Act 2011


13.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT NIL REPORTS 14. PROCEDURAL MATTERS 14.1 QUESTIONS WITHOUT NOTICE Rules per Regulations - • Questions and replies are not entered in the minute book unless expressly required by resolution. • No debate shall be allowed on any question or the reply to any question. • If required by the Mayor, such questions shall be put in writing. • The Mayor may direct that a reply be given at the next meeting. 14.2 QUESTIONS ON NOTICE NIL REPORTS Rules per Regulations – • These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the

meeting. • Chief Executive Officer shall place these items in the agenda. • They shall be answered by the Mayor at the meeting. • Questions and replies shall be entered into the minute book. 14.3 NOTICE OF MOTION NIL REPORTS

14.4 MOTIONS WITHOUT NOTICE Rules per Regulations • A member may bring forward a motion without notice and if required by the Mayor, put it in writing. • Before addressing the meeting, the member shall state the purpose of the motion. • A member cannot move more than one motion without notice on the same subject at any meeting. 15. CONFIDENTIAL ITEMS

EDP12.1/2015 Kapunda Main Street – Urban Design Framework Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Recommendation 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an

order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report EDP12.1/2015 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-

(i) Could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council;

2 That accordingly, on this basis, the principle that meetings of Light Regional Council should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.


Recommendation Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council Economic Development Panel orders that the report, minute and associated documents pertaining to EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting held on Thursday 20 August 2015, and of the meeting of the Light Regional Council held on Tuesday, 25 August 2015 relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(b)(i) be kept confidential until the matter is finalised.

16. NEXT MEETING 17. CLOSURE

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ANY FUTURE OFFENCES OBSERVED ARE LIKELY ToRESULT IN EXPIATIONS BEING ISSUED.

DATE:

FOR FURTHER INFORMATION REGARDING THIS NOTICEPLEASE PHONE LIGHT REGIONAL COUNCIL ON 85253200MONDAY To FRIDAY 9.00AM - 5.00PM

GENERAL INSPECTOR, LIGHT REGIONAL couNc^L

TIME:

APPENDIX COUNCIL 11.1A-25AUGUST2015 PAGE 1

AGENDA ITEM COUNCIL 11.1

From:

Sent,

To:

Subject:

Dear Ms Bayley,

My name is Lily Armstrong and I am a Greenock resident currently studying year I2 at NunootpaHigh School. For my studies I have been researching asylum seekers in Australia. I am contactingyou because I would like your help and expertise to make our Council a Refugee Welcome Zone.A Refugee Welcome Zone is a Local Government Area which has made a commitment in spirit towelcoming refugees into the community, up holding the human rights of refugees, demonstratingcompassion for refugees and enhancing cultural and religious diversity in the community. Itrequires no money or fundraising just a simple signature. This process is carried out through theRefugee Council of Australia (RCA). Nine other council's in South Australia have already becomeRefugee Welcome Zones including Gawler Town Council and Murrey Bridge Council. I haveattached a PDF with further information. I look forward to your response.

lilyarmstrong60@ginail. coinSunday, 9 August 201.54:52 PMLorinda BayleyRefugee Welcome Zone

Sincerely,

Lily Armstrong

Sent from Windows Mail

11^

I



An iAn iAn iAn initiative of the Refugee Council of Australianitiative of the Refugee Council of Australianitiative of the Refugee Council of Australianitiative of the Refugee Council of Australia Who is the Refugee Council of Australia? The Refugee Council of Australia (RCOA) is the national peak body for refugees and the organisations and individuals who support them. RCOA promotes the adoption of flexible, humane and constructive policies towards refugees and asylum seekers through conducting policy analysis, research, advocacy and public education on refugee issues. What is a Refugee Welcome Zone? A Refugee Welcome Zone is a Local Government Area which has made a commitment in spirit to welcoming refugees into the community, upholding the human rights of refugees, demonstrating compassion for refugees and enhancing cultural and religious diversity in the community. This public commitment is also an acknowledgment of the tremendous contributions refugees have made to Australian society in the fields of medicine, science, engineering, sport, education and the arts. By making this Declaration it is hoped that local government will be encouraged in their continuing efforts to support the men, women and children who make the difficult journey to Australia to seek our protection. The Refugee Welcome Zone initiative began in June 2002 as part of Refugee Week celebrations. At the time, 15 Councils and Shires in Victoria, New South Wales and South Australia were declared Refugee Welcome Zones. Today, with more than 70 Local Government Areas having declaring themselves Refugee Welcome Zones, the initiative has proven to be a great success in connecting local governments with the issues facing refugees and asylum seekers. What is the process for becoming a Refugee Welcome Zone? The process for becoming a Refugee Welcome Zone is very straightforward. It simply involves the Council signing the Refugee Welcome Zone Declaration, which is “a commitment in Spirit to welcoming refugees into our community, upholding the human rights of refugees, demonstrating compassion for refugees and enhancing cultural and religious diversity in our community”. An example of the Declaration is included at the end of this document. To mark the occasion of becoming a Refugee Welcome Zone, many Councils and Shires choose to hold public signing ceremonies. These provide an opportunity to highlight the initiative and acknowledge the work of local groups and individuals that support refugees and asylum seekers. If possible, a representative from the Refugee Council of Australia will attend the ceremony to present a Certificate of Appreciation. Why become a Refugee Welcome Zone? Local Government has historically played an important role in assisting refugee settlement and promoting community harmony. Since the end of the Second World War, Australia has become home to over 750,000 refugees and we have a proud history of settling refugees from all over the world who have gone on to make an enormous contribution to our economic, social and

APPENDIX COUNCIL 11.2B-25AUGUST2015 PAGE 1


cultural life. Becoming a Refugee Welcome Zone is a way to continue this proud tradition of supporting the settlement of refugees. Signing the Declaration can also promote harmony, social cohesion and respect for human rights in your local community. It is a great way to demonstrate support for refugees and take a strong stand against racism and discrimination. It can help to raise awareness about the issues affecting refugees, foster a culture of mutual respect and promote an appreciation of cultural diversity. Becoming a Refugee Welcome Zone can also encourage the development of a more coordinated approach to supporting refugee settlement. It can motivate Local Government and local organisations and support groups to work together more effectively so as to improve settlement outcomes for refugees. What are the obligations and responsibilities of Refugee Welcome Zones? The Refugee Welcome Zone Declaration does not confer any formal obligations and Refugee Welcome Zones are not required to uphold any statutory responsibilities or financial commitments. The signing of the Declaration is a simply a way of demonstrating broad support for the principles it contains. Any actions or activities undertaken by Refugee Welcome Zones to implement the Declaration are voluntary. However, while signatories to the Refugee Welcome Zone Declaration are not required to undertake any specific activities, any initiatives which help to create a welcoming atmosphere and assist the settlement of refugees and their communities are welcomed and encouraged. How can Refugee Welcome Zones support refugees? There are many simple things that your Local Government Area can do to welcome refugees to your community:

• Develop a Local Government policy relating to refugees and asylum seekers or review existing policies.

• Offer funding for community-based projects which support the settlement of refugees.

• Hold community picnics and gatherings to encourage families from different backgrounds and community organisations to meet.

• Build partnerships and work collaboratively with local community groups and service providers to enhance support for refugees settling in your area.

• Organise an event during Refugee Week, such as a street fair of festival.

• Host a community meeting with newly arrived refugees and guest speakers from refugee support organisations to find out how your Council can best support refugees in your community.

• Hold a multicultural film festival.

• Coordinate with local libraries in the area to develop an English tutoring program for newly arrived refugees.

• Liaise with the Red Cross to run information sessions for newly arrived refugees who have been separated from family members and relatives.

• Hold a public forum to enable guest speakers from refugee backgrounds to share their stories.

HowHowHowHow has has has has your organisation, community or council welcomed refugees? your organisation, community or council welcomed refugees? your organisation, community or council welcomed refugees? your organisation, community or council welcomed refugees? Send in your past and upcoming events and initiSend in your past and upcoming events and initiSend in your past and upcoming events and initiSend in your past and upcoming events and initiatives to atives to atives to atives to [email protected]@[email protected]@refugeecouncil.org

We’d like to hear about We’d like to hear about We’d like to hear about We’d like to hear about program orprogram orprogram orprogram or event, big or small event, big or small event, big or small event, big or small!!!!



Map of Map of Map of Map of Refugee WelcRefugee WelcRefugee WelcRefugee Welcome Zones ome Zones ome Zones ome Zones in in in in AustraliaAustraliaAustraliaAustralia

Current Refugee Welcome Zones There are currently 75 Refugee Welcome Zones in Australia. New South Wales: Armidale Dumaresq Council, Ashfield Municipal Council, Auburn Council, Bankstown City Council, Bathurst City Council, Blacktown City Council, Blue Mountains City Council, Burwood Council, Campbelltown City Council, Canterbury City Council, City of Sydney Council, Coffs Harbour City Council, Dubbo City Council, Fairfield City Council, Gosford City Council, Griffith City Council, Hornsby Shire Council, Ku-ring-gai Council, Lake Macquarie City Council, , , , Leichhardt Municipal Council, Lismore City Council, Liverpool City Council, Manly Council, Manly Council, Marrickville Council, Moree Plains Shire Council, Mosman Municipal Council, North Sydney Council, Penrith City Council, Port Macquarie-Hastings Council, Randwick City Council, Rockdale City Council, Sutherland Shire Council, Waverley City Council, Willoughby City Council, Wollongong City Council Victoria: Bass Coast Shire Council, Brimbank City Council, Campaspe Shire Council, Casey City Council, Darebin City Council, Greater Bendigo City Council, Greater Dandenong City Council, Greater Geelong City Council, Hepburn Shire Council, Horsham Rural City Council, Hume City Council, Maribyrnong City Council, Melbourne City Council, Mildura Rural City Council, Monash City Council, Moonee Valley City Council, Moreland City Council, Mount Alexander Shire Council, Port Phillip City Council, Surf Coast Shire Council, Swan Hill Rural City Council, Whittlesea City Council, Yarra Ranges Shire Council South Australia: Campbelltown City Council, Gawler Town Council, Marion City Council, Mitcham City Council, Murray Bridge Council, Norwood, Payneham and St. Peters City Council, Port Adelaide Enfield City Council, Prospect City Council, West Torrens City Council Queensland: Brisbane City Council, Townsville City Council Tasmania: Hobart City Council, Launceston City Council Western Australia: Bassendean Town Council, Fremantle City Council, Subiaco City Council, Vincent Town Council

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The Refugee Welcome Zone Declaration

(Council crest/logo)

The _____________ Council,

Declares the Council of ____________ a

Refugee Welcome Refugee Welcome Refugee Welcome Refugee Welcome ZoneZoneZoneZone

This Declaration is a Commitment in Spirit to

WelcomingWelcomingWelcomingWelcoming refugees into our community,

Upholding the Human RightsHuman RightsHuman RightsHuman Rights of refugees,

Demonstrating CompassionCompassionCompassionCompassion for refugees and

Enhancing cultural and religious DiversitDiversitDiversitDiversity in our community.

____________________________________ [name and title of signatory]

Date: _____________

This Declaration is proudly supported and endorsed by the

The Refugee Council of Australia is a national umbrella organisation representing over 150 organisational and 550 individual members. The aim of the Refugee Council is to promote the adoption of flexible, humane and constructive policies toward

refugees and asylum seekers by the Australian and other Governments and their communities.

To obtain an editable copy of the DeclarationTo obtain an editable copy of the DeclarationTo obtain an editable copy of the DeclarationTo obtain an editable copy of the Declaration for signing by your for signing by your for signing by your for signing by your CCCCouncilouncilouncilouncil or Shire or Shire or Shire or Shire, please contact us on, please contact us on, please contact us on, please contact us on

(02) 9211 9333 or (02) 9211 9333 or (02) 9211 9333 or (02) 9211 9333 or [email protected]@[email protected]@refugeecouncil.org.au



Min ^Mineral Resources Division

Alisha Green

of south A tralia Senior Policy AdvisorDepartment of

State Development Resource Land Access Strategy Branch

Tel 08 8463 [email protected] 5, 101 GrenfeH StreetAdelaide SA 5000

y GPO Box 320 Ade(aide SA 5001u ruun www.minerals.statedevelopmentsagov.au

MAY 2015

South Australia's Resource Area Management Plan:Valuing the future of our extractives sector

OverviewThe Resource Area Management Plan (RAMP) is ajoint initiative between the Department of StateDevelopment and the Department of Planning,Transport and Infrastructure, which seeks to mitigatepotential interface issues where urban encroachment(sensitive uses) and quarries or mines are situated withinclose proximity. The RAMP considers impacts fromresource extraction within the interface areas of SouthAustralia's quarries and mines and aims to ensure the

continuity of the operations and future strategicallyimportant resources, particularly in urbanised areas.

The contribution our quarries and extractives sectormake to the quality of lifestyle South Australians enjoyis crucial, whether it is the homes we build that provideshelter and enjoyment, the local roads we drive on, orthe offices where we carry out our day to day business.

With growing urban development, there is a need to

update and improve the way the State's planning andmining legislation and regulations interact to shareinformation at relevant stages, in order to maintainongoing access to long-life valuable resources andminimise potential conflicts between incompatible landuses.

Through this initiative the South AustralianGovernment is working towards a more collaborative,strategic approach for decisions on land-use priorityto be reflected in the planning, development andmanagement of extractives operations in the GreaterAdelaide Region and major regional centres.

The RAMP report released in July 2014 highlights waysto secure the future of South Australia's strategicallyimportant extractive and construction materialresources and quarries.The report provides advice andrecommendations on how to improve interactionsbetween the South Australian planning and miningsystems, and will form the basis of further discussionand decision making. The South Australian Governmentwill continue to strive for a balanced approach that bothprotects strategic resources and ensures the availabilityof land for development opportunities and urbangrowth.

A full copy of the RAMP report can be downloadedfrom the Department of State Development's

website: http://minerals.statedevelopment.sa.gov.au/land_access/planning_and_development.

This will provide security for the extractives sector andsupport housing and construction affordability for urbandevelopment - helping to ensure the future economicprosperity of South Australia and the liveability of itscommunities.

Mineral Resources Division Phone +61 8 8463 3000101 Grenfell Street Adelaide SA Email resources customerserv ces@sa gov au 1 of 2GPO Box 320. Adelaide SA 5001 Fax +61 8 8463 6518



MAY 2015SOUTH AUSTRALIA'S RESOURCE AREA MANAGEMENT PLAN: SECURING THE FUTURE OF OUR EXTRACTIVES SECTOR

The project has been guided by the valuable expert contribution provided by a reference group that includedrepresentatives from Cement, Concrete and Aggregates Australia, the South Australian Chamber of Mines andEnergy, the Urban Development Institute of Australia, the Local Government Association of South Australia and theEnvironment Protection Authority.

Actions under the Resource Area Management Plan will be progressively considered throughout 2015 and 2016 bythe Department of State Development and the Department of Planning, Transport and Infrastructure.

Work plan

There are five key areas for actions to be implemented by the South Australian Government:

1 Categorise and prioritise The Government will deliver a document that identifies the quarries and mines that are of Mid 2015strategic quarries and mines greatest strategic importance to the State's economy. Criteria, including identifying those

strategic resources that may be at risk from urban encroachment will be considered.Thisdocument will be made available to local councils for use in strategic planning.

2 Review and update planning The Department of Planning, Transport and Infrastructure will undertake a review of the Mid 2015policies and guides South Australian Planning Policy Library mining related planning policy and update the

content used to zone strategic mines and resources, create interface areas (buffers) andrecognise key strategic transport routes.

3 Identify key strategic The 30-Year Plan for Greater Adelaide will be updated this year. This provides an opportunity End 2015resources in Planning to update the extractive resources information contained in the Planning Strategy basedStrategies and local council on those quarries and mines that have been identified as of greatest strategic importancestrategic documents to the State's economy. As other regional Planning Strategies come under review, similar

updates will be made.

4 Established buffers for newquarries and mines at theapproval stage

Establishing planning protections at the same time that a new quarry or mine is approved TBCis the most efficient and effective way to alleviate potential interface issues betweenincompatible development. Ideally, new operations would own their buffers within theboundaries of an approved quarry or mine. Otherwise, at the approval stage of an operation

consideration may be given to surrounding zoning and the need (if any) for interface areasto be represented in planning policy.This would be dependent upon the compatibility offuture development with the approved quarry or mine. Key to this approach is to recognise

existing uses and rights of land holders who may be affected by a new operation.This action is closely linked with the South Australian Government's planning reform processand will be considered in line with the timeframes for the reforms.

5 Prioritise existing quarries and Delivery of greater planning policy protections will be assisted by the completion of actions 2016mines for greater planning under areas 1 and 2. Statutory processes under the Development Act 1993, includingpolicy protection public consultation requirements may be undertaken to reflect in a policy setting, particular

quarries and mines of strategic importance. A balanced approach that both protectsstrategic resources and ensures the availability of land for development opportunities andurban growth is sought.

Further informationAlisha Green, Senior Policy Advisor Denise Rigoni, Principal PlannerResource Land Access Strategy Branch Information and StrategyDepartment of State Development Department of Planning, Transport and [email protected] [email protected]+61 8 8463 3508 +61 8 7109 7014

2 of 2

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Department of State Development

Identification of strategic mineral resource areas in South AustraliaGreater Adelaide region and major regional centres

July 2015

www.minerals.statedevelopment.sa.gov.au

MINERAL RESOURCES DIVISION



Mineral Resources Division Department of State Development Level 7, 101 Grenfell Street, Adelaide GPO Box 320, Adelaide SA 5001 Phone +61 8 8463 3000 Email [email protected] www.minerals.statedevelopment.sa.gov.au

South Australian Resources Information Geoserver (SARIG) www.statedevelopment.sa.gov.au/sarig

Report Book 2015/00017

This report is available on the Department of State Development Minerals website.

The Mineral Resources Division would like to acknowledge all of the current and former employees that made a contribution to this publication, including Alisha Green, Stuart Robertson, Brian Morris, William Harvey, Josine Talbot and Karl Fradley.

© Government of South Australia. This work is copyright. Apart from any use as permitted under the Copyright Act 1968 (Cth), no part may be reproduced by any process without prior written permission from the Government of South Australia available through the Department of State Development. Requests and inquiries concerning reproduction and rights should be addressed to the Deputy Chief Executive, Resources and Energy, Department of State Development, GPO Box 320, Adelaide SA 5001.

Disclaimer. The information contained in this report has been compiled by the Department of State Development, South Australia, and originates from a variety of sources. Although all reasonable care has been taken in the preparation and compilation of the information, it has been provided in good faith for general information only and does not purport to be professional advice. No warranty, express or implied, is given as to the completeness, correctness, accuracy, reliability or currency of the materials.

The Department of State Development and the Crown in the right of the state of South Australia do not accept responsibility for and will not be held liable to any recipient of the information for any loss or damage however caused (including negligence) which may be directly or indirectly suffered as a consequence of use of these materials. The Department of State Development reserves the right to update, amend or supplement the information from time to time at its discretion.

Alternative formats. This publication is available in other formats, including translation. Direct requests to the Mineral Resources Division (see contact details above).

Cover photo. Linwood Quarry showing the view north to crushing plant and Adelaide city area. (Photo 408319)

Preferred way to cite this publication. Department of State Development 2015. Identification of strategic mineral resource areas in South Australia: Greater Adelaide region and major regional centres, Report Book 2015/00017. Mineral Resources Division. Provisional version. Department of State Development, Adelaide.

204635

Department of State Development

Revision history

Version Date Comment

1 July 2015 This document has been prepared to assist in informing government in prioritising and identifying future land uses and development and extractive mining opportunities.



Identification of strategic mineral resource areas in South Australia

Contents

Shortened forms ................................................................................................................................................. 4

Glossary .............................................................................................................................................................. 4

Introduction ......................................................................................................................................................... 5

Extractive industries in South Australia .............................................................................................................. 6

Mining in the Greater Adelaide region ................................................................................................................ 7

Why does South Australia need to identify strategic resource areas? ............................................................... 8 Environmental improvements........................................................................................................................... 8 Economic improvements .................................................................................................................................. 9 Community improvements ............................................................................................................................... 9

What is a strategic resource area? ................................................................................................................... 10

Criteria for determining strategic resource areas ............................................................................................. 11 Potential for urban encroachment or interface issues between resources operations and urban areas .............................................................................................................................................................. 11 Economic importance ..................................................................................................................................... 11

Strategic extractive quarries in the Greater Adelaide region ............................................................................ 12

Strategic extractive quarries near major regional centres ................................................................................ 16

Strategic metallic and industrial mineral mines and quarries in the Greater Adelaide region .......................... 18

Strategic resource areas on SARIG ................................................................................................................. 19

Mineral resource potential in the Greater Adelaide region ............................................................................... 20

Further reading and resources ......................................................................................................................... 22

Updates............................................................................................................................................................. 23

Department of State Development Version 1, July 2015 3 APPENDIX COUNCIL 11.4B-25AUGUST2015

PAGE 3 AGENDA ITEM COUNCIL 11.4


Shortened forms EML extractive minerals lease

EPA Environment Protection Authority South Australia

MC mineral claim

ML mineral lease

MPL miscellaneous purposes licence

PM private mine

RAMP resource area management and planning

RL retention lease

SARIG South Australian Resources Information Geoserver

SRA strategic resource area

Glossary Extractive minerals. The Mining Act 1971 defines extractive minerals as sand, gravel, stone, shell, shale or clay, but does not include— a) any such minerals that are mined for a prescribed purpose; or b) fire clay, bentonite or kaolin. Incompatible land use. Incompatible land uses are those uses that may be particularly sensitive to the dust, noise and ground vibrations impacts of extractives production. Sensitive land uses include, but are not limited to: caravan park, community centre, consulting rooms, educational establishment, childcare centre, hospital, hotel, motel, nursing home, office, residential, recreation area or reserve, tourism activity. Minerals. The Mining Act 1971 defines minerals as a) any naturally occurring deposit of metal or metalliferous ore, precious stones or any other mineral (including sand, gravel, stone, shell, coal, oil shale, shale and clay); or b) any metal, metalliferous substance or mineral recoverable from the sea or a natural water supply; or c) any metal, metalliferous ore or mineral that has been dumped or discarded— i. in the course of mining operations or operations incidental to mining operations; or ii. in other prescribed circumstances; but does not include— d) soil; or e) petroleum or any other substance, the recovery or production of which is governed by the Petroleum and Geothermal Energy Act 2000 Mining tenement. A claim, lease or licence under the Mining Act 1971. Planning system. South Australia’s planning system controls land use and the physical development of the state. The legislation related to planning and development matters is contained in the Development Act 1993 and associated regulations.

4 Department of State Development Version 1, July 2015 APPENDIX COUNCIL 11.4B-25AUGUST2015



Introduction The identification of strategic resource areas (SRAs) of key economic importance to South Australia will continue to support housing and construction affordability for urban development by maintaining access to construction materials. With growing urban development, the South Australian Government has recognised the need to update and improve the way the state's planning and mining legislation and regulations interact, and share information at relevant stages. Such interaction is necessary to maintain ongoing access to long-life valuable construction materials and to minimise potential land-use conflicts between incompatible uses. The Department of State Development and the Department of Planning, Transport and Infrastructure have undertaken the Resource Area Management and Planning (RAMP) project to determine how to best resolve these challenges. A project report was publicly released in July 2014 (GHD 2014). This project focused on extractive resources in the Greater Adelaide region and major regional centres and will implement complementary changes to the mining and planning systems to address complex and competing interests as urban areas expand. This document delivers on a central recommendation of the RAMP project. Exploring strategic opportunities to better deal with the external impacts that can arise from quarrying activities at the early approval stages of extractive operations will help to ensure the future economic prosperity of South Australia and the liveability of its communities. This document will provide critical information to move forward in identifying those resource areas of key economic importance to government and South Australian communities. This document is provided for informational purposes only. It will be made available to other state agencies and all local councils for consideration and wider government discussion when identifying strategic priorities and areas. The document is an information tool. It is not intended, nor will it provide statutory protection for the identified SRAs. Nor will it preclude the use and development of land for other purposes. It is intended as one of a number of documents to assist in informing government in prioritising and identifying future land uses and development and extractive mining opportunities. It is intended that this document be read in conjunction with other planning related documents including current development plans, advisory planning documents and guides, council strategic direction reports and local strategies. Queries relating to planning policy and extractive resources may be forwarded to the relevant areas within the Department of Planning, Transport and Infrastructure.




Extractive industries in South Australia South Australia’s local extractives sector is a significant industry with construction materials valued at $171 million during 2014, and it generates broader economic activity in building and construction. Key construction materials found in South Australia include sandstone, sand, quartzite, limestone, dolomite, metasediments and calcrete. The contribution our quarries and extractives sector make is crucial to the quality of lifestyle South Australians enjoy, whether it is the homes we build that provide shelter and enjoyment, the local roads we drive on, or the premises where we carry out our day-to-day business. Large quantities of construction materials are also consumed each year to build and maintain the state’s infrastructure of road, rail and port facilities. Ensuring ongoing access to high quality, long-life construction materials underpins future growth and development in Adelaide. The mining and resource sector’s land use requirements include having good access to transport and freight corridors, maintaining access to any known mineral deposits, and preventing the encroachment of sensitive or incompatible uses. The mining and resources policy of the 30-Year Plan for Greater Adelaide (Department of Planning and Local Government 2010) states the government’s intent to ‘maintain access to known mineral deposits and minimise potential land-use conflicts between incompatible uses, particularly residential’ and to ‘preserve appropriate separation distances between mining and residential areas and other incompatible developments’. Other volumes of the Planning Strategy also contain similar policies. Interface areas (buffers) would ideally be included within the boundaries of the approved quarries and mines, and appropriate controls are implemented to manage air and noise emissions from the site. However, for established operations and future operations in close proximity to urban areas, the identification of those economically important resources will provide further information for the state government in its overall strategic planning for both the protection of important resources and support for urban development.




Mining in the Greater Adelaide region The Adelaide region has excellent geological resources. Industrial minerals, such as Cambrian marble used in soda-ash production, sand for glass manufacture and weathered shale for cement production, are important for local manufacturing industries. Copper, lead, zinc and gold mining have been historically important to the region and metallic mineral exploration and development is undergoing a revival, with new mines established in recent years. Although this document has a strong focus on the extractives sector, industrial and mineral mines in the Greater Adelaide region have also been included for recognition as these resources are experiencing the same pressures as a result of land-use conflicts between incompatible uses.

Aerial view of Kanmantoo copper–gold mine. The mine is located ~45 km southeast of Adelaide within the Mount Barker District Council area. (Photo 409531)




Why does South Australia need to identify strategic resource areas? The metropolitan area and regional centres of South Australia have a key economic advantage in the provision of lower cost construction materials. Extractives are a high volume, lower price commodity, and transportation costs can have a large impact on the final price that consumers pay for these materials. To maintain supply of construction materials from resource areas at a reasonable cost to end users, it is vital that development that is potentially incompatible with existing extractives industry activities is identified through the extractive mining lease approval process. At this stage, it is important to consider any planning implications with surrounding zoning and envisaged land uses, with the view to minimise potential impacts through interface areas (buffers) around future extractive mining operations. In addition, it is important to ‘identify’ those strategically important resources for the economic future and development of South Australia. Reflecting identified and critically important strategic resources areas in documents such as the Planning Strategy (the 30-Year Plan for Greater Adelaide and region plans) will assist in informing the South Australian Government with its future prioritisation of urban growth areas and strategic planning. In the absence of the identification of strategically important resources (SRAs) there is potential for urban encroachment to lead to the loss of opportunity to extract the resource into the future, increased prices for construction materials and a subsequent decrease in housing and infrastructure affordability. The Productivity Commission’s Public Infrastructure inquiry report released in May 2014 found that ‘the exhaustion of existing quarries and/or inability to establish new quarries close to end markets is likely to have increasingly significant ramifications, given the considerable growth expected in the populations of major Australian cities over the next 50 years’. It is vital that timely action is taken to recognise the importance of the extractives sector to the future of the state. The RAMP report and the identification of SRAs in South Australia will help to minimise conflicts from incompatible developments and preserve appropriate separation distances between quarry operations and residential areas, reducing future supply and pricing problems. Giving recognition to our most strategically important resources will contribute positively to the environment, the broader economy and our communities: Environmental improvements • Resource operations’ ability to adhere to legislation and industry standards are not compromised through

the siting of incompatible developments. • Planning documentation (i.e. strategic plans, mapping) includes more comprehensive information on

existing and future resource activities – at state, regional and local levels. • Future resource areas are planned for effectively and consistently ensuring ongoing access to

construction materials.




Economic improvements • The long-term sustainability of significant resource activities is secured across the state without

compromising the need for, and investment in, urban development. • Investor certainty in the state’s resources and urban development sectors is improved. • Material affordability for housing and infrastructure developments is supported. Community improvements • Community health, safety and wellbeing can be maintained to the highest standards. • Community concern as a result of sensitive development locating near resource activities and the

potential for interface issues are reduced. • Improved confidence in the regulator (given that, perceived ‘noncompliance’ of resource operations, due

to siting of incompatible developments, is reduced when effective planning controls are in place to prevent it).

• Effective planning may minimise heavy vehicle movements and reduce congestion on our roads.

Sellicks Hill quarry and crushing plant. (Photo 408652)




What is a strategic resource area? A SRA is an area within the Greater Adelaide region or near a major regional centre (Fig. 1) that is of key economic value to South Australia due to the quantity or quality of construction materials or mineral resources that are extracted or contained within that area. A SRA is also an area currently experiencing urban encroachment or incompatible development interface issues, or is likely to be experiencing such issues in the near future. To this end, objective criteria have been established to identify these ‘resources’ that are of strategic importance to South Australia. Once identified, the Government of South Australia will work with local governments and industry members, on an individual basis, to ensure the impacts of quarrying and mining are minimised and the long-term future of the resource is enhanced and protected.

Figure 1 South Australia showing the Greater Adelaide region and major regional centres.




Criteria for determining strategic resource areas Criteria used to define SRAs are based on two key issues: • the potential for urban encroachment or interface issues between resources operations and the urban

area • an evaluation of the importance of the resources to the state’s economy. Potential for urban encroachment or interface issues between resources operations and urban areas The list of quarries and mines in Tables 1–3 have been deemed to be of economic importance in the context of the following criteria: • Are the surrounding and nearby existing and potential land uses sensitive to the impacts of quarrying,

mining and associated activities (e.g. noise, dust, vibration)? − Sensitive land uses include, but are not limited to: caravan park, community centre, consulting rooms,

educational establishment, childcare centre, hospital, hotel, motel, nursing home, office, residential, recreation area or reserve, tourism activity.

• Is the potential SRA located within an area or region identified for urban expansion within the South Australian Planning Strategy? − For example: planned urban lands to 2038 under the 30-Year Plan for Greater Adelaide.

• Do potential land uses represent a significant investment that may result in it being uneconomic to extract the resource because the existing uses and infrastructure are too expensive to relocate? − For example: construction of buildings, dwellings or other infrastructure.

If the potential SRA is located within an area or region identified for urban expansion within the South Australian Planning Strategy then it will be a consideration and decision of the South Australian Government, in consultation with local government and industry, to allocate priority to its importance as a resource, its importance for future urban growth and/or its importance for some alternative use. Economic importance There are three categories of SRA: 1. strategic extractive quarries in the Greater Adelaide region

2. strategic extractive quarries near major regional centres

3. strategic metallic and industrial mines and quarries in the Greater Adelaide region. These categories have been developed to reflect the differing size and nature of the resources and their location. The delineation of SRAs by the Department of State Development has developed from several major projects to evaluate current mining areas and map geological resource potential in the Greater Adelaide region and major regional centres (see ‘Further reading and resources’ for more information).




Strategic extractive quarries in the Greater Adelaide region

The strategic extractive quarries in the Greater Adelaide region are detailed in Table 1.

A quarry must meet ALL of the following criteria: • a current mineral tenement in the Greater Adelaide region producing extractive minerals

(construction materials) under the Mining Act 1971 and any adjacent areas with significant potential for further resources AND

• annual production (5-year average) of at least 250 000 tonnes AND

• estimated in-ground resource of at least 2.5 million tonnes. An EXCEPTION to the above criteria will be made if a quarry can meet the following criteria: • annual production (5-year average) of at least 100 000 tonnes or estimated in-ground resource of at

least 2.5 million tonnes AND ONE of the following criteria: − the deposit is capable of producing particular high quality materials of limited availability;

materials considered here are: o high quality surfacing aggregates – bituminous sealing grade, asphaltic grade (Department of

Planning, Transport and Infrastructure prequalified) o high performance (low shrink) concrete aggregate o coarse construction (concrete) sand

OR − the deposit is the main or only source of the construction material for a region.




Table 1 Strategic extractive quarries in the Greater Adelaide region

SRA Tenement holder Tenement details Commodity Council area

Anstey Hill P.E. Musolino – Anstey Hill Shale Pit CSR Building Products Ltd – Range Road South Pit Holcim (Australia) Pty Ltd – Highbury (Riverview) Quarry

EMLs 3200, 3201, 3202 PM 201 PMs 31, 35, 309

Shale Quartzite, dolomite

Adelaide Hills Council City of Tea Tree Gully

Callington Quarry The Paim Bruges Family Trust

PM 238 MCs 4134, 4135, 4234

Metasiltstone District Council of Mount Barker

Golden Grove Extractive Industry Zone

Hallett Brick Pty Ltd Rocla Pty Ltd CSR Building Products Pondeen Pty Ltd

PMs 32, 56, 79, 81, 118, 206 PMs 71, 76* EML 5892 EML 5893

Sand, clay, shale Sand, clay Shale Sand Sand, clay, shale

City of Tea Tree Gully

Goolwa Quarry, Currency Creek

Goolwa Quarries Pty Ltd EML 5483 Quartzite Alexandrina Council

Hartley Quarry Futuretop Developments Pty Ltd

EML 6271 Calcrete/limestone Alexandrina Council

Kanmantoo Bluestone (Faulkner) Quarry

B.D. Faulkner EML 5713 Metasiltstone District Council of Mount Barker

Kapunda Quarry Mantina Earthmovers & Constructions Pty Ltd

EMLs 5632, 6397 Dolomite Light Regional Council

Light River Quarry, Kapunda

R.W. Norman and S.M. Norman Wellspring Wilpinna Pty Ltd

EML 5991 EML 5939

Dolomite Light Regional Council

Linwood Quarry Boral Resources (SA) Pty Ltd Longfield Pty Ltd

PMs 3, 4 PM 22 EMLs 5730, 5731, 5732 MC 3314

Limestone City of Marion

Lobethal Quarry Boral Resources (SA) Pty Ltd

PM 87 EMLs 4603, 5589, 5770, 6319

Metasiltstone Adelaide Hills Council

Maslin Beach Extractive Industry Zone

Rocla Pty Ltd Hanson Construction Materials Pty Ltd Sandscope Pty Ltd Southern Waste Resourceco Pty Ltd B.F. Martin Pty Ltd

PMs 20, 43 EMLs 5767, 5964, PM 232 PMs 17, 161, 244, 289 PM 65 EML 5217 PM 275

Sand City of Onkaparinga





McLaren Vale Quarry, Noarlunga

W.W. Oliver McLaren Vale Properties Pty Ltd

PMs 61, 303 EMLs 5272, 5273

Limestone City of Onkaparinga

Monarto Quarries (Hartley area)

District Council of Mount Barker

EMLs 4400, 4401, 4402, 4403, 4404, 6081, 6118, 6328

Calcrete, limestone Alexandrina Council

Montacute Quarry Holcim (Australia) Pty Ltd PMs 135, 136, 137, 147 Dolomite Adelaide Hills Council

Mount Compass Sibelco Australia Limited Berry Sands Pty Ltd Sand & Loam Pty Ltd Springvale Estates Pty Ltd

EML 5465 (ML 5327) MCs 3359, 3360 EML 5105 EMLs 5521, 5199 EML 5540

Sand Alexandrina Council District Council of Yankalilla

Nain Kara Resources Pty Ltd EML 5686 MC 4322

Metasediment Light Regional Council

One Tree Hill CSR Building Products Ltd E.W. Ross

PM 88 PM 133 EML 4493

Sand, clay, shale City of Playford

Para Hills Quarry Boral Resources (SA) Pty Ltd

PM 227 Quartzite City of Salisbury

Penrice Quarry Adelaide Brighton Cement Ltd D.W. & J.A. Rawlings Seelander Stone and Sand Supplies – Kalimna Road Quarry

PMs 86, 120 ML 6233 RL 109 MPLs 75, 118 PMs 101, 102, 104 EMLs 4695, 6138, 6057

Marble, metasiltstone, sand

Barossa Council

Reynella Quarry Boral Resources (SA) Pty Ltd Longfield Pty Ltd

PMs 48, 107 PM 222

Limestone City of Onkaparinga

Rosedale Quarry Bowjen Nominees Pty Ltd K.E. Jennings

EMLs 4800, 4801, 4802, 4805, 4806 EMLs 6440

Dolomite Barossa Council

Rowland Flat Extractive Industry Zone

Rocla Pty Ltd Holcim (Australia) Pty Ltd M.B. Coleman

PMs 196, 192, 93 EML 5763 PM 27 EML 6132

Sand Barossa Council Light Regional Council

Salisbury Quarry Boral Resources (SA) Pty Ltd

PM 2 Quartzite City of Playford





Sandy Creek Trenel Pty Ltd Sloans Sands Pty Ltd Berrett J.L. M.N. Geue A.R. Giannitto K.A. Southern and S.A. Southern Burge Corp. Pty Ltd

EMLs 5328, 5982, 5983, 5984, 5985 PM 131, EML 5513 PM 274 PM 94 PM 229 PM 113 PM 179

Sand Barossa Council

Sellicks Hill Quarry Premier Resources Limited Southern Quarries Pty Ltd

PMs 163, 237 EML 5440

Limestone City of Onkaparinga District Council of Yankalilla

Stonyfell/Greenhill Quarry

Boral Resources (SA) Pty Ltd

PMs 1, 6, 7 Quartzite Adelaide Hills Council City of Burnside

Tooperang* W.S. Meyer EMLs 5331, 5864 MC 4289

Sand Alexandrina Council

Victor Harbor Quarry Holcim (Australia) Pty Ltd PM 197 EML 4859

Metasiltstone City of Victor Harbor

White Rock Quarry Hanson Construction Materials Pty Ltd

PM 188 Quartzite Adelaide Hills Council City of Burnside

* Also qualifies as a SRA under the ‘strategic metallic and industrial mineral mines and quarries in the Greater Adelaide region’ category; see Table 3).




Strategic extractive quarries near major regional centres

The strategic extractive quarries near major regional centres are detailed in Table 2. Table 2 Strategic extractive quarries near major regional centres


Ardrossan One Steel Manufacturing (Arrium)

PM 291 MLs 4040, 4041, 4042, 4044, 4045, 4046, 5317 MPLs 46, 132

Dolomite - industrial District Council of Yorke Peninsula

Clinton M.P. Kenny and M.T. Kenny Clinton Quarries Southern Quarries

EML 5766 EMLs 5901, 6410, 5792 EML 6407

Sand (concrete) District Council of Yorke Peninsula

Major regional centres are cities and rural cities located outside of the Greater Adelaide region. These are Mount Gambier, Murray Bridge, Port Augusta, Port Lincoln and Whyalla. A quarry must meet ALL of the following criteria: • a current mineral tenement linked to the Greater Adelaide region or a major regional centre

producing extractive minerals (construction materials) under the Mining Act 1971 and any adjacent areas with significant potential for further resources AND

• annual production (5-year average) of at least 80 000 tonnes AND

• estimated in-ground resource of at least 1.5 million tonnes. An EXCEPTION to the above criteria will be made if a quarry can meet the following criteria: • annual production (5-year average) of at least 50 000 tonnes or estimated in-ground resource of at

least 1.0 million tonnes AND ONE of the following criteria: − the deposit is capable of producing particular high quality materials of limited availability;

materials considered here are: o high quality surfacing aggregates – bituminous sealing grade, asphaltic grade (Department of

Planning, Transport and Infrastructure prequalified) o high performance (low shrink) concrete aggregate o coarse construction (concrete) sand

OR − the deposit is the main or only source of the construction material for a region.





Klein Point Adelaide Brighton Cement Ltd

MLs 2912, 3028, 3029, 3180, 3181, 3182, 3183, 3184, 3185, 3186, 3187, 3188, 3189, 3190, 3191, 3192, 3193, 3194, 3195, 3349, 3350, 3351, 3352, 3354, 3353, 3355, 3356, 3357, 3358, 4012, 4013, 4014, 4015, 5881 RLs 27, 28 MPL 11

Limestone – industrial

District Council of Yorke Peninsula

Kulpara Holcim (Australia) Pty Ltd

PM 251 Sand (concrete) District Council of Barunga West

Kulpara & Wakefield Kara Resources Pty Ltd

EMLs 6074, 6090, 6179, 6180

Dolomite, quartzite District Council of Barunga West

Loxton Schleins Quarries Pty Ltd

EMLs 4841, 5566, 5831 Limestone District Council of Loxton Waikerie

Mt McIntyre Quarry Boral Resources (SA) Pty Ltd

EML 3243 Basalt Wattle Range Council

Mintaro Mintaro Slate Quarries PM 124 Slate Clare & Gilbert Valleys Council

Mt Monster (Keith) R.A. Tenney and S.P. Matthews J. Woodall

MC 3631 PM 173

Rhyolite Tatiara District Council

Murray Bridge Quarry Boral Resources (SA) Pty Ltd

PM 174 EMLs 5149, 5556, 5897 MPL 136

Gneiss Rural City of Murray Bridge

Paringa (Renmark) Ariverrun Pty Ltd Scherer Contractors Pty Ltd

EMLs 5765, 5834, 5835, 5988, 6207, 6254

Calcrete Renmark Paringa Council

Port Augusta (Stirling North)

Boral Resources (SA) Pty Ltd

PM 154 Quartzite Creek gravel

Port Augusta City Council

Port Lincoln McDonald Earthmovers Pty Ltd

PM 181 EMLs 5111, 5479, 5480

Granitic gneiss District Council of Lower Eyre Peninsula

Price (Crowell) Premier Resources Ltd Southern Quarries

PM 243 EML 6035

Sand (concrete) District Council of Yorke Peninsula

Price (Ocsalt) Ocsalt Pty Ltd MLs 94, 95, 483, 484, 493, 531, 552, 553, 556, 557, 588, 589, 596, 615, 616, 5043, 5069, 5070, 5071, 5072, 5073, 5277, 5278, 5279

Salt (solar) District Council of Yorke Peninsula

Spalding Clare Quarry Pty Ltd EML 5705 Dolomite Northern Areas Council

Tailem Bend HF Betts & Co EMLs 5993, 6329 Calcrete Coorong District Council

Truro Topcoat Asphalt Contractors Pty Ltd

EML 6408 Quartzite Mid Murray Council

Waterloo (Kruse) Kruse Quarries Pty Ltd PM 301 Siltstone Clare & Gilbert Valleys Council

Whyalla (Mt Laura) The Corporation Of The City Of Whyalla (Boral)

EMLs 4778, 4779, 4780, 4781

Metasiltstone City of Whyalla

Whyalla (Mt Young) Quality Sand & Landscape Supplies

EML 4104 Quartzite, sandstone City of Whyalla




Strategic metallic and industrial mineral mines and quarries in the Greater Adelaide region

The strategic metallic and industrial mineral mines and quarries in the Greater Adelaide region are detailed in Table 3. Table 3 Strategic metallic and industrial mineral mines and quarries in the Greater Adelaide region


Angas Zinc Mine Terramin Australia Ltd ML 6229 Zinc, Lead, Silver Alexandrina Council

Bird In Hand Gold Deposit

Maximus Resources MC 4113 Gold Adelaide Hills Council

Birdwood Clay Pit Adelaide Brighton Cement Ltd

PM 231 MLs 2917, 2951, 2994, 5280, 4661, 6182 MPL 50 EMLs 4702, 4703

Cement Shale Adelaide Hills Council

Dry Creek Salt Fields Port Gawler Investments Pty Ltd Ridley Dry Creek Pty Ltd

PM 77 PMs 199, 248 MLs 234, 235, 237, 357, 358, 359, 360, 361, 389, 390, 391, 392, 404, 405, 406, 416, 417, 418, 421, 429, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 587, 600, 605, 606, 607, 608, 617, 618, 702, 5205, 5206, 5207, 5208, 5209, 5210, 5908

Salt (solar) City of Playford City of Salisbury District Council of Mallala

Kanmantoo Copper Mine

Hillgrove Copper Pty Ltd

MLs 6345, 6436 EML 6340

Copper, gold District Council of Mount Barker

Moculta Shale Quarry Adelaide Brighton Cement Ltd

MLs 4887, 4888, 4889, 5874, 5875

Cement shale Barossa Council Mid Murray Council

A mine or quarry must meet ALL of the following criteria: • a current mineral tenement producing metallic or industrial minerals, exclusively or in conjunction

with the production of extractive minerals, under the Mining Act 1971, and any adjacent areas with significant potential for further resources AND ONE of the following criteria: − annual production value (5-year average) of at least $2.5 million or in-ground resource sufficient

for 10 years production ($25 million value). − production value less than $2.5 million if operation/resource is integrated with a significant

manufacturing or export industry within the state.




Strategic resource areas on SARIG The Mineral Resources Division has developed a SRAs layer that can be viewed on the South Australian Resources Information Geoserver (SARIG) <www.statedevelopment.sa.gov.au/sarig>. SARIG provides up-to-date views of mineral, petroleum and geothermal tenements and other geoscientific data (includes the Strategic Resource Areas spatial layer). You can search, view and download information relating to minerals and mining in South Australia including tenement details, mines and mineral deposits, geological and geophysical data (includes mineral resource potential maps), and publications and reports. To view the Strategic Resource Areas layer in SARIG, on the Map Layers menu, go to Land Access, Land Use, and select Strategic Resource Areas (Fig. 2). To view information about the local government area that the SRAs are located in, also select Local Government Areas.

Figure 2 SARIG screenshot showing the steps to view the Strategic Resource Areas layer.



http://www.statedevelopment.sa.gov.au/sarig


Mineral resource potential in the Greater Adelaide region The Geological Survey of South Australia has developed a mineral resource potential mapping system to assist land use planning in relation to significant mineral resource and mine operation areas. The mapping is particularly relevant to planning of residential and other developments that are incompatible with mining operations, but will also assist with a wide range of other land use planning matters. Construction materials are a particular focus but industrial, metallic, energy and gem minerals are also considered. The system categorises areas according to their interpreted mineral resource potential and suggested planning response. The mapping has already been used in consideration of mineral resources for the preparation of the 30-Year Plan for Greater Adelaide and in other planning matters. Thirty-one mineral resource potential maps at 1:50 000 scale are now available as PDFs for most of the Greater Adelaide region (Figs 3, 4). The maps are available for download via SARIG; on the Map Layers menu, go to Geology, Mineral Resource Potential Maps. Hard copies can be purchased from Department of State Development Customer Services, phone +61 8 8463 3000, email <[email protected]>, for $20 plus postage and handling. Information about operational quarries, mines and prospective mineral areas can also be found on SARIG.

Figure 3 SARIG screenshot showing the steps to download mineral resource potential maps.




mailto:[email protected]



Figure 4 Onkaparinga, mineral resource potential, South Australia 1:50 000 Geological Atlas Series Map, sheet 6628-II.




Further reading and resources Department of Planning and Local Government 2010. 30-Year Plan for Greater Adelaide: a volume of the South Australian Planning Strategy. Department of Planning, Transport and Infrastructure, viewed June 2015, <http://www.dpti.sa.gov.au/planning/30_year_plan>. Environment Protection Authority South Australia 2007. Guidelines for separation distances. Environment Protection Authority South Australia, viewed June 2015, <http://www.epa.sa.gov.au/files/47787_sepguidepcd.pdf>. GHD 2014. Resource Area Management and Planning: final report, prepared for Department of State Development. Department of State Development, viewed June 2015, <http://www.minerals.statedevelopment.sa.gov.au/land_access/planning_and_development>. Harvey WG 2010. Hardrock extractive minerals for metropolitan Adelaide – strategic review: summary version, Report Book 2010/00019. Primary Industries and Resources South Australia, Adelaide. Harvey WG 2014. Road surfacing aggregate deposits in South Australia, Report Book 2014/00008. Department for Manufacturing, Innovation, Trade, Resources and Energy, Adelaide. Pain AM 1985. Sand and clay resources of the Maslin Beach-Pedlar Creek area, Report Book 84/7. South Australia. Department of Mines and Energy, Adelaide. Pain AM 2001. Construction materials for metropolitan Adelaide. MESA Journal 21:8-10. Primary Industries and Resources South Australia, Adelaide. Pain AM and Johnson PD 2002. Summary of strategic review of sand, clay and shale resources from metro Adelaide. Open File Envelope 10724. Primary Industries and Resources South Australia, Adelaide. Pain AM and Johnson PD 2002. Yorke Peninsula palaeochannel – Adelaide’s long term sand resource. MESA Journal 27:10. Primary Industries and Resources South Australia, Adelaide. Pain AM and Keeling JL 1990. Aggregates, sand and clay resources for metro Adelaide. Mines and Energy Review 157:5–17. South Australia. Department of Mines and Energy, Adelaide. Pain AM and McCallum WS 1989. Golden Grove Extractive Industry Management Plan – a discussion paper, Report Book 89/20. South Australia. Department of Mines and Energy, Adelaide. Pain AM, Shaw R and Valentine JT 1999. Sand resources of the Mount Compass area reconnaissance drilling and testing, Report Book 99/00028. Primary Industries and Resources South Australia, Adelaide. Productivity Commission 2014. Public infrastructure, Inquiry Report No. 71. Productivity Commission, Canberra. Robertson RS 2010. Mineral resource potential mapping — a new mapping product to assist land use planning. MESA Journal 59:13–15. Primary Industries and Resources South Australia, Adelaide.



http://www.dpti.sa.gov.au/planning/30_year_plan

http://www.epa.sa.gov.au/files/47787_sepguidepcd.pdf

http://www.minerals.statedevelopment.sa.gov.au/land_access/planning_and_development


Updates The listing of SRAs in this document will be subject to change as required. If you believe that your quarry or mine meets the SRA criteria but it has not been listed, please contact the Department of State Development. Evidence of quality of resources, such as test results, may need to be provided to support your claim. Contact: Senior Policy Advisor Resource Land Access Strategy Branch Mineral Resources Division Tel: +61 8 8463 3508 Email: [email protected]




The identification of strategic resource areas of key economic importance to South Australia will continue to support housing and construction affordability for urban development by maintaining access to construction materials.

“

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Para Hills Quarry (Photo 414537)



Light Regional Council

Nuriootpa West (Industry BVR Zone) Development Plan Amendment

Explanatory Statement and Analysis

For Approval


AGENDA ITEM COUNCIL 13.4.1



Nuriootpa West (Industry BVR Zone) DPA Light Regional Council

Table of Contents

Table of Contents

Have Your Say .............................................................................................. 1

Explanatory Statement ................................................................................ 3

Introduction .................................................................................................................................. 3

Need for the amendment ............................................................................................................. 3

Statement of Intent ....................................................................................................................... 3

Affected area ................................................................................................................................ 4

Summary of proposed policy changes ....................................................................................... 6

Legal requirements ...................................................................................................................... 6

Interim operation .......................................................................................................................... 6

Consultation ................................................................................................................................. 6

The final stage .............................................................................................................................. 7

Analysis ......................................................................................................... 9

1. Background .............................................................................................................................. 9

2. The strategic context and policy directions ..........................................................................10

2.1 Consistency with South Australia’s Strategic Plan .................................................................................... 10 2.2 Consistency with the Planning Strategy .................................................................................................... 11 2.3 Consistency with other key strategic policy documents ............................................................................ 11

2.3.1 Council’s Strategic Directions Report ............................................................................................. 12 2.3.2 Infrastructure planning .................................................................................................................... 12 2.3.3 Current Ministerial and Council DPAs ............................................................................................ 12 2.3.4 Existing Ministerial Policy ............................................................................................................... 12

3. Investigations ..........................................................................................................................13 3.1 Investigations undertaken prior to the SOI ................................................................................................ 13 3.2 Investigations undertaken to inform this DPA ........................................................................................... 13

3.2.1 High Level Industrial Land Supply Analysis .................................................................................... 13 3.2.2 Character Preservation (Barossa Valley) Act 2012 ........................................................................ 14 3.2.3 Site/Zone History ............................................................................................................................ 15 3.2.4 Consultation with Affected and Adjacent Landowners ................................................................... 17 3.2.5 The Barossa Council ...................................................................................................................... 18 3.2.6 Interface between land uses ........................................................................................................... 19 3.2.7 Transport and Access ..................................................................................................................... 22 3.2.8 Infrastructure ................................................................................................................................... 22 3.2.9 Zoning and Policy Considerations .................................................................................................. 24




Table of Contents

4. Recommended Policy Changes ............................................................................................ 26

4.1 State Planning Policy Library update ......................................................................................................... 27

5. Consistency with the Residential Code ................................................................................ 27

6. Statement of statutory compliance ....................................................................................... 27

6.1 Accords with the Planning Strategy ........................................................................................................... 27 6.2 Accords with the Statement of Intent ......................................................................................................... 27 6.3 Accords with other parts of the Development Plan.................................................................................... 27 6.4 Complements the policies in the Development Plans for adjoining areas ................................................ 27 6.5 Accords with relevant infrastructure planning ............................................................................................ 28

References/Bibliography ............................................................................ 29

Schedule 4a Certificate .............................................................................. 30

Appendices ................................................................................................. 31

Appendix A – State Planning Policy Library Update ................................................................ 33

The Amendment ............................................................................................ 1




Have Your Say

1

Have Your Say

This Development Plan Amendment (DPA) will be available for inspection by the public at the Principal Office of the Light Regional Council, 93 Main Street, Kapunda and the Branch Office at 12 Hanson Street, Freeling. The DPA will also be available for viewing at Council’s Libraries (Kapunda, Freeling and Greenock) and via electronic download from the Light Regional Council website (www.light.sa.gov.au) from 11 March 2015 until 13 May 2015. During this time anyone may make a written submission about any of the changes the DPA is proposing. Interested persons are invited to attend an open house public information session to be held on Wednesday 15 April 2015 at the Kapunda Council Chambers (93 Main Street, Kapunda). Council officers will be available to discuss the proposed amendment between 5:00pm and 7:00pm. Submissions should be sent to the Chief Executive Officer (and marked to the attention of Andrew Chown, Principal Project Planner) by no later than 5.00pm on 13 May 2015. By post: PO Box 72, Kapunda SA 5373 By email: [email protected] By Fax: (08) 8566 3262 Submissions should indicate whether the author wishes to speak at a public meeting about the DPA. If no-one requests to be heard, no public meeting will be held. If requested, a meeting will be held on 21 May 2015 commencing 6:00pm at the Kapunda Council Chambers (93 Main Street, Kapunda).






Have Your Say

2



Nuriootpa West (Industry BVR Zone) DPA Light Regional Council Explanatory Statement

3 Nuriootpa West (Industry BVR Zone) DPA – Version 2 for Approval

Explanatory Statement

Introduction The Development Act 1993 provides the legislative framework for undertaking amendments to a Development Plan. The Development Act 1993 allows either the relevant council or, under prescribed circumstances, the Minister responsible for the administration of the Development Act 1993 (the Minister), to amend a Development Plan. Before amending a Development Plan, a council must first reach agreement with the Minister regarding the range of issues the amendment will address. This is called a Statement of Intent. Once the Statement of Intent is agreed to, a Development Plan Amendment (DPA) (this document) is written, which explains what policy changes are being proposed and why, and how the amendment process will be conducted. A DPA may include: ▪ An Explanatory Statement (this section) ▪ Analysis, which may include:

- Background information - Investigations - Recommended policy changes - Statement of statutory compliance

▪ References/Bibliography ▪ Certification by Council’s Chief Executive Officer ▪ Appendices ▪ The Amendment.

Need for the amendment

Successive reviews of Councils Development Plan (completed in May 2009 and December 2012), have identified the need to revisit zoning affecting areas located directly to the west of Nuriootpa. These matters concern the effectiveness of the current boundaries of the Industry (Barossa Valley Region (BVR)) Zone and Primary Production Zone (Barossa Valley Region Policy Area 2) and their relationship to existing uses. These areas are considered by the Council to warrant further review and amendment where appropriate. More generally, the area immediately west of Nuriootpa comprises a mix of land uses including residential, commercial, industrial and primary production activities predominantly occurring on land zoned Primary Production (Barossa Valley Region Policy Area 2) and Industry (BVR) as identified within the Light Regional Council Development Plan. This Development Plan Amendment (DPA) affects two (2) specific areas located on Samuel Road and Moppa Road South respectively. It is noted that both of these roads form the municipal boundary between Light Regional Council and The Barossa Council. The DPA proposes to make amendments to current boundaries to ensure that zoning reflects the nature of development, and policy content recognises the intrinsic link held between land uses and/ or the relevant land use history (as the case may be) in order to reflect the situation on the ground and/ or the capabilities of the land involved.

Statement of Intent

The Statement of Intent relating to this DPA was agreed to by the Minister on 8 November 2013. The issues and investigations agreed to in the Statement of Intent have been undertaken or addressed.





Affected area

The area(s) affected by the proposed DPA is described as follows: Area 1

Samuel Road, Nuriootpa (CT: 5443/286)- D21938 Lot: 2 18 Samuel Road, Nuriootpa (CT: 6031/149)- F100707 Lot: 11 20 Samuel Road, Nuriootpa (CT: 6059/145)- F173700 Lot: 609 Liebig Road, Nuriootpa (CT: 6059/146)- F173699 Lot: 608 58 Liebig Road, Nuriootpa (CT: 6079/397)- F173697 Lot: 606

Area 2 104 Moppa Road South, Nuriootpa (CT: 5499/505)- F6402 Lot: 2 94 Moppa Road South, Nuriootpa (CT:5499/54)- F6402 Lot: 1

Map 1: Affected Areas

Area 1

Area 2





94 Moppa Road South, Nuriootpa (CT:5499/54)

104 Moppa Road South, Nuriootpa (CT:5499/505)

– ‘John Falland Industries’

Samuel Road, Nuriootpa (CT:5443/286) – ‘Schmidt

Land’

58 Liebig Road (CT:6123/928) & Liebig Road (CT:6059/146), Nuriootpa – ‘Wastewater Lagoon Properties’

18 Samuel Road (CT:6031/149) & 230 Samuel Road (CT:6059/145),

Nuriootpa – ‘Tarac Processing Site’

Map 2: Map showing reference to affected properties





Summary of proposed policy changes

The DPA proposes the following changes: ▪ Re-zone land (presently used for industrial activities) identified as 104 Moppa Road South, Nuriootpa

from Primary Production Zone (Barossa Valley Region Policy Area 2) to Industry (Barossa Valley Region) Zone (Precinct 10 – Moppa Road South).

▪ Re-zone land (presently used for rural living purposes) identified as 94 Moppa Road South, Nuriootpa

from Industry (Barossa Valley Region) Zone to Primary Production Zone (Barossa Valley Region Policy Area 2).

▪ Re-zone land identified as Samuel Road, Nuriootpa (CT: 5443/286 - D21938 Lot: 2) from Primary Production Zone (Barossa Valley Region Policy Area 2) to Industry (Barossa Valley Region) Zone.

▪ Update the content of Precinct 11 Samuel Road and associated Concept Plan Map Lig/2 within the

Industry (Barossa Valley Region) Zone. ▪ Update Table Lig/6 - Infill Development Sites to accurately depict relevant properties. ▪ Insert a new Precinct (Precinct 41 – Samuel Road Effluent Disposal Lagoons) within the Primary

Production Zone – Barossa Valley Region Policy Area 2 and update relevant policy content to guide development occurring on land used for effluent disposal purposes on Liebig Road in association with industrial activities.

▪ Update mapping as required, including

o Amendments to Zone, Policy Area and Precinct Maps Lig/16.

o Amendments to Concept Plan Map Lig/2 Samuel Road Industry – (Nuriootpa).

o Inserting Concept Plan Map Lig/12 within Council’s Development Plan.

Legal requirements

Prior to the preparation of this DPA, council received advice from a person or persons holding prescribed qualifications pursuant to section 25(4) of the Development Act 1993. The DPA has assessed the extent to which the proposed amendment: ▪ accords with the Planning Strategy ▪ accords with the Statement of Intent ▪ accords with other parts of council’s Development Plan ▪ complements the policies in Development Plans for adjoining areas ▪ accords with relevant infrastructure planning ▪ satisfies the requirements prescribed by the Development Regulations 2008.

Interim operation

Not Applicable.

Consultation

This DPA is now released for formal agency and public consultation. The following government agencies and organisations are to be formally consulted: ▪ Department of Planning, Transport & Infrastructure ▪ Department for Environment, Water and Natural Resources





▪ Environment Protection Authority ▪ SA Water ▪ SA Power Networks ▪ Electranet Pty Ltd ▪ Department of State Development ▪ Department of Premier & Cabinet ▪ South Australian Tourism Commission ▪ Conservation Council of South Australia ▪ Local Government Association of South Australia ▪ Regional Development Australia- Barossa ▪ Mr. Tony Piccolo - Member for Light ▪ Mr. Stephan Knoll - Member for Schubert ▪ Mr. Dan Van Holst Pellekaan - Member for Stuart

▪ The Barossa Council ▪ Town of Gawler ▪ Mid Murray Council ▪ City of Playford ▪ The Regional Council of Goyder ▪ District Council of Mallala ▪ Wakefield Regional Council ▪ Clare and Gilbert Valleys Council All written and verbal, agency and public submissions made during the consultation phase will be recorded, considered, summarised and responses provided. Subsequent changes to the DPA may occur as a result of this consultation process. Important Note for Agencies: This DPA includes modules from the State Planning Policy Library. As the policy library was subject to agency consultation during its development, agencies are requested to comment only on the range and application of the modules selected and not on the actual policy content, except where that policy has been included as a local addition. Agencies are invited to comment on any additional issues (if relevant).

The final stage

When the council has considered the comments received and made any appropriate changes, a report on this (the Summary of consultations and proposed amendments report) will be sent to the Minister. The Minister will then either approve (with or without changes) or refuse the DPA.






Analysis


Analysis

1. Background

Reviews of Council’s Development Plan completed in May 2009 and December 2012 identified a need to revisit zone policies and boundaries affecting areas located directly to the west of Nuriootpa. In particular, the current boundaries of the Industry (BVR) Zone are considered by the Council to warrant further review and potential amendment. The land highlighted in the map below is identified as ‘Area 1’ and comprises a total of five (5) allotments, all of which are currently, or have previously, been utilised for industrial or road transport terminal purposes or associated activities related to these pursuits. Established land uses include a grape marc processing facility and associated effluent wastewater lagoons which were granted Development Plan Consent in 1998, whilst one (1) allotment, currently vacant, was previously used as a road transport terminal. The current zoning arrangements for Area 1 are shown in Map 1 below. As shown, the processing facility mentioned above and ancillary structures (including a dwelling) are located within the Industry (BVR) Zone, whilst allotments accommodating the effluent lagoons as well as the parcel once used by a transport company are zoned Primary Production Zone (BVR Policy Area 2). Land to the north, south and west is zoned Primary Production Zone (BVR Policy Area 2), whilst land to the immediate east (within The Barossa Council) is zoned Industry (BVR) Zone and Light Industry Zone. The current zoning/ policy framework for Area 1 recognises the existing use of the processing facility and includes a Samuel Road Policy Area and associated Concept Plan.

Map 1: Land Affected by DPA (Area 1 – in red)

Land identified as ‘Area 2’ and depicted in Map 2 below, consists of two (2) parcels of land, one (1) which comprises an existing industrial activity and is zoned Primary Production Zone (BVR Policy Area 2), whilst the second parcel of land comprises a single dwelling and ancillary structures and is zoned Industry (BVR) Zone. These zoning applications are clearly misaligned and require correction.




Analysis


A review of previous Development Plans confirms that the zoning anomaly identified above occurred prior to the amalgamation of the District Council of Kapunda, District Council of Light and the preparation of the associated Light (DC) (Outer Metropolitan) Development Plan consolidated on 16 December 1999.

Map 2: Land Affected by DPA (Area 2 – in red)

2. The strategic context and policy directions

2.1 Consistency with South Australia’s Strategic Plan

South Australia’s Strategic Plan outlines a medium to long-term vision for the whole of South Australia. It has two important, complementary roles. Firstly, it provides a framework for the activities of the South Australian Government, business and the entire South Australian community. Secondly, it is a means for tracking progress state-wide, with the targets acting as points of reference that can be assessed periodically. The DPA supports the following targets of South Australia’s Strategic Plan:

South Australia’s Strategic Plan 2011

Strategic Plan Objective/Targets Comment/Response

Target 35- Economic Growth- Exceed the national economic growth rate over the period to 2020

Consistent. This DPA provides for the recognition and retention of existing business land uses, whilst facilitating the limited growth of business activities within the region.

Target 70- Sustainable Land Management- By 2020, achieve a 25% increase in the protection of

Consistent. The DPA provides for the recognition and continued operation of a ‘green’ industry which seeks




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South Australia’s Strategic Plan 2011

agricultural cropping land from soil erosion and a 25% improvement in the condition of pastoral land.

to achieve sustainable land management practices. The land subject to the DPA is largely isolated from existing primary production areas and not of a size which would support viable agricultural pursuits.

2.2 Consistency with the Planning Strategy

The Planning Strategy presents current State Government planning policy for development in South Australia. In particular, it seeks to guide and coordinate State Government activity in the construction and provision of services and infrastructure that influence the development of South Australia. It also indicates directions for future development to the community, the private sector and local government. The following volumes of the Planning Strategy are relevant to this DPA: ▪ The 30 Year Plan for Greater Adelaide (February 2010) and associated Barossa Valley and McLaren

Vale Character Preservation Addendum (December 2013). The DPA generally supports the targets and policies contained in the Planning Strategy by encouraging the retention and creation of additional jobs, in particular ‘green collar’ jobs throughout the Barossa district. It is important to note that the DPA is mainly interested in resolving existing zone boundary inconsistencies and proposes only a modest expansion in land zoned for industrial activities, recognising the existing or previous use of these parcels. Of particular relevance to the DPA is the Barossa Valley Character Preservation Addendum. The land identified for review in this DPA is located within the District (notwithstanding the Industry (BVR) Zone areas are currently shown on Development Plan maps as being ‘Area Excluded from District’). The recommended amendments do not propose any significant impacts on the District, but rather support the ongoing operation of land uses in a manner which is consistent with the content of the Addendum. A summary of the targets and policies of the Plan, along with a summary of the relevant policies under the Barossa Valley and McLaren Vale Character Preservation Addendum to the South Australian Planning Strategy: The 30-Year Plan for Greater Adelaide is provided in Appendix A below. It is noted that further discussion relating specifically to the Character Preservation (Barossa Valley) Act 2012 are provided below under Section 3.2.2. 2.3 Consistency with other key strategic policy documents

This DPA accords with other key policy documents in the following manner. Light Regional Council Strategic Plan 2013-2017 Light Regional Council’s Strategic Plan 2013-2017 contains the following goals and strategies of relevance to this DPA: ▪ Goal 3.4.2 Preserving agricultural land and diverse cultural heritage: Balancing the preservation

of prime agricultural land and diverse cultural heritage with responsible development and growth demands.

The DPA investigations are consistent with, and complementary to, the goal noted above, providing a policy response which primarily seeks to rectify anomalies within the Development Plan. The above goal seeks to recognise and protect the significant role agricultural land plays on the local economy, whilst advocating for agricultural related industries in appropriate locations. Given the established nature of the existing uses, the policy amendments proposed in this DPA do not result in the loss of additional agricultural land.




Analysis


2.3.1 Council’s Strategic Directions Report

This DPA is consistent with Council’s Strategic Directions Report dated December 2012 and delivers a key recommendation to ensure that the zoning of properties within Nuriootpa West matches the existing and desired land uses. This DPA was identified in the program list as a ‘high’ priority for commencement in the SDR recommendations. 2.3.2 Infrastructure planning

Where relevant, a DPA must take into account relevant infrastructure planning (both physical and social infrastructure) as identified by Council (usually through the Strategic Directions Report), the Minister and/or other government agencies. The following infrastructure planning is of relevance to this DPA: Council Infrastructure Planning Response/Comment

Council’s SDR recognises the need for the Development Plan to identify and protect current and planned road and rail corridors as well as other infrastructure corridors from encroachment by sensitive uses.

Both Samuel Road and Moppa Road South are identified B-Double vehicle routes. The proposed DPA does not encroach on this important road corridor, nor does it propose to increase the level of sensitive uses within proximity of the corridor.

There are no Government Agency Infrastructure projects or implications related to this DPA. 2.3.3 Current Ministerial and Council DPAs

This DPA has taken into account the following Ministerial and Council DPAs which are currently being processed:

Council DPAs Response/Comment

Gawler Rivers Flood Prone Area DPA This DPA has a narrow focus on that area potentially affected by flooding from the Gawler Rivers and does not affect the subject DPA – no impact.

Kapunda Town Centre, Mine Historic Site & Environs DPA

This DPA focuses on an area within the township of Kapunda and does not affect the subject DPA- no impact.

Roseworthy Township Expansion DPA This DPA has a focus on the Roseworthy township and does not affect the subject DPA- no impact.

Ministerial DPAs Response/Comment

Nil N/A 2.3.4 Existing Ministerial Policy

This DPA is not proposing any changes to existing Ministerial policy.




Analysis


3. Investigations

3.1 Investigations undertaken prior to the SOI

Through reviews of Council’s Development Plan undertaken in both 2009 and 2012 and correspondence received from a local State Member (Ivan Venning MP) in May 2010, Council became aware of the need to review the zone boundaries for two distinct areas to the north-west and west of Nuriootpa. The Section 30 reviews mentioned above highlighted an opportunity to correct a longstanding zone boundary error to the north-west of Nuriootpa (affecting properties at 94 & 104 Moppa Road respectively) as well as the potential to investigate the connection between Tarac Industries processing facility and the associated lagoons on land to the south of that facility under one zone. Added to this was the previous use of a 2 hectare parcel of land directly north of Tarac (Lot 2 in DP21938) which was previously used by a transport company, but is now vacant and less than suited to future residential development. This DPA has been prepared accordingly to update the Development Plan in a manner that better reflects current (and previous) land use arrangements, without significantly adding to the overall industrial land supply in this area. The recommendations contained in Council’s Section 30 reports have been refined to focus on the small number of changes needed. Importantly, the policy approach has been developed to recognise existing land uses, without significantly increasing the overall industrial land supply. In this, it was recognised that under current zoning in the Primary Production Zone, a ‘wastewater treatment and disposal system’ (such as the existing lagoons) is a ‘non-complying’ development. It is recognised that there are a variety of ways that this policy ‘anomaly’ could be rectified, with appropriate policy updates and the insertion of a Concept Plan considered to be the most appropriate response in the circumstances. This approach recognises the direct relationship the lagoons have with the operation of the processing facility, whilst reflecting the significant land area affected (some 73 hectares), and its ability to remain within the Primary Production Zone with adequate updates. This approach will ensure that there is not a significant increase in the local land supply available for other industrial activities. This was considered to be of critical importance to respect local amenity as well as the particulars of the Character Preservation (Barossa Valley) Act 2012 as it applies to this area. The intent and provisions of this Act and Council’s involvement in the process of preparing the necessary Planning Strategy amendments have assisted in guiding the form and nature of this DPA. 3.2 Investigations undertaken to inform this DPA

In accordance with the Statement of Intent the following investigations have been undertaken to inform this DPA. The investigations are as follows: 3.2.1 High Level Industrial Land Supply Analysis

SOI investigation- Undertake ‘high level’ industrial land supply analysis to confirm current demand/supply trends for industrial allotments in the locality.

The DPA included a high level desktop review of available industrial land within the wider Barossa Region, combining areas of Light Regional Council and The Barossa Valley Council. The review was confined to this geographical region for the purpose of gaining a true reflection of the land available for this purpose in the subject locality, particularly as this is removed from the built-up area of metropolitan Adelaide. A search of commercial real estate websites reveals a mix of land and industrial opportunities throughout the broader Nuriootpa area including both vacant and developed allotments in various townships/ areas. When considering supply within the Industry (BVR) Zone specifically, it was identified that few parcels were available or ‘development ready’, notwithstanding the availability of some allotments to the immediate east of Area 1. The Industry (BVR) Zone has specific characteristics, providing for development of regional significance, accommodating a range of land uses and a different ‘product’ to that of traditional industrial estates within, or adjacent to, townships.




Analysis


The addition of one (1) allotment for this purpose (Lot 2 in D21938, Samuel Road, Nuriootpa, CT: 5443/286, (area of 2 hectares) is not considered likely to have a negative effect on industrial land supply, rather it is anticipated that the addition of this parcel will complement the land already zoned Industry (BVR) Zone within the locality by providing variety for developers in both allotment configuration and size. 3.2.2 Character Preservation (Barossa Valley) Act 2012

SOI Investigation- Review any proposed rezoning in the context of the Character Preservation (Barossa Valley) Act 2012 to ensure any amendment would be in compliance with that Act.

The Character Preservation (Barossa Valley) Act 2012 became operational on 18 January 2013 and provides a framework for the recognition, protection and enhancement of the special character of the Barossa Valley District, whilst providing for the economic, physical and social wellbeing of the communities within that area. Both areas subject to review are located within the Barossa Valley ‘District’, and more specifically the ‘Valley floor landscape unit’. The Act defines the ‘District’ as the area to which the requirements of the Act apply; whilst mapping produced to support the addendum to the 30 Year Plan for Greater Adelaide includes reference to a landscape unit, which is a more specific sub-region within the District, having unique characteristics. An extract of the District map is provided (below) for information, and identifies both the Tarac Technologies processing site as well as the land next door to John Falland Industries as being excluded from the ‘District’. This is consistent with current zone mapping contained in the LRC Development Plan.

Figure 1: Extract from Character Preservation ‘District Map’

However, the balance of the area affected by this DPA is located within the identified ‘district’ and subject to the considerations below. The objects of the Act recognise and seek to preserve the ‘Special Character’ of the area by ensuring future development does not detract from the identified character; however they are also measured in their approach to ensure that the economic, social and physical well-being of the community are maintained. Application of the Act is supported by the amendments to the South Australian Planning Strategy (February 2014). The addendum to this strategy titled ‘Barossa Valley and McLaren Vale Character Preservation’ was prepared in consultation with affected Local Government areas and provides the detailed rationale for defining the five (5) key character values of the Barossa Valley district, namely:

• The rural and natural landscape and visual amenity of the district • The heritage attributes of the district

Areas 1 and 2




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• The built form of the townships as they relate to the district • The viticultural, agricultural and associated industries of the district • The scenic and tourism attributes of the district.

Content with respect to each of these character values is contained in the Planning Strategy Addendum including a number of policies, more specifically: The rural and natural landscape and visual amenity of the district This character value emphasises the need to protect, reinforce and complement the balance of natural and cultural elements in the landscape, more specifically advocating for the predominantly rural landscape which allows a mix of land uses and the provision of development required to maintain the economic viability of primary production. It is considered that the established land uses complement the primary production occurring within the area, particularly as the Tarac Technologies processing facility provides services related to the local wine industry. Tarac Technologies is the primary processor of winery by-products (in particular grape marc) in the valley, taking waste materials, and processing them into other, useful products. This enables useful items to be created from the considerable volumes of waste product that would otherwise be destined for landfill. In providing a vital service to local wine producers, Tarac’s activities provide further ‘value-adding’ as well as enhancing the economic viability of the industry as a whole. Built form of townships as they relate to the district At the core of this value is the need to maintain separation between the townships in the district and recognise individual character. The policies also emphasise the importance of maintaining and managing the interface between primary production, industrial and residential activities. The DPA specifically addresses potential interface matters between land uses in more detail in subsequent sections. Viticulture, agriculture and associated industries This character value recognises the working nature of the agrarian landscape and emphasises the need to protect primary production areas to ensure that valuable land is not lost from production, whilst encouraging opportunities for value-adding activities which complement the district’s primary production. Both areas 1 and 2 are not considered productively viable by virtue of the existing land uses occupying the affected allotments and/or the overall size of the parcels involved. Furthermore, as discussed above, Tarac Technologies is identified as a value-adding business which complements the use of land within the district. Council has sought guiding advice from the Department of Planning, Transport and Infrastructure (DPTI) relating to any special requirements that might apply when considering rezoning land within the ‘District’ for industrial purposes. In correspondence dated 11 February 2014, the DPTI confirmed that the provisions of the Character Preservation (Barossa Valley) Act 2012 do not preclude the rezoning of land within the ‘District’ for industrial purposes. Further, it was noted that the Act envisages industrial development when ancillary to support viticulture land uses, emphasising that the current uses within the subject area of the DPA could be considered to be ancillary to viticulture. 3.2.3 Site/Zone History SOI Investigation- Review the site history of both affected areas and the capability of the affected land

parcels. Tarac Technologies P/L & North-Para Environmental Control P/L The operation of Tarac Technologies activities occurs over a number of properties, and includes those containing the associated effluent lagoons which are held under separate ownership from the processing facility. The effluent disposal lagoons located on Liebig Road are under the management of North Para Environmental Control P/L and provide a means of managing liquid by-products from the Tarac processing




Analysis


facility. Prior to the establishment of Tarac Technologies the land accommodated a dwelling, ancillary outbuildings and a small vineyard operation. As noted in this report, the Tarac facilities play a vital role in processing winery waste to create other useful products. The outputs from the facility reduce local landfill needs to a considerable degree, translating more broadly into an environmental benefit to the wider region. The current processing facility was subject to a non-complying Development Application in 1998, which was subsequently appealed and settled at conference. The Order issued at conference included a condition which stated ‘a double row of screening trees shall be planted on the eastern side of the line extending the Rohrlach/Trinnie boundary in a southerly direction across the subject land and within 30 metres of it…’. The amendments proposed in this DPA will not affect this condition of approval, which can only be varied by a subsequent Development Application and approval process. Further to this decision, an encumbrance was entered into between Tarac Distillers Pty Ltd and Mr and Mrs Mader to limit development of the western portion of the Tarac property to horticulture and general farming activities. It is noted that the current zone boundary reinforces this agreement. This DPA will not alter the provisions of the private encumbrance between these parties as rezoning of the portion of land to the rear (west) of the existing processing facility is not proposed. Finally, the operations of the Tarac facility rely on the effluent lagoons located on separate land (two (2) allotments) to the south of the plant. Effluent by-products from the activities undertaken at the Tarac plant, along with waste from wineries throughout the Barossa region are collected in the lagoons, in which any solids settle before wastewater is then disposed of on-site via irrigation infrastructure, providing an efficient and effective means of managing waste by-products. The subject allotments have a long history of effluent disposal, being used prior to the establishment of the Tarac Technologies facility for the disposal of distillery and winery wastewater. ‘Waste reception, storage, treatment or disposal’ is currently listed as a non-complying activity in the Primary Production Zone. While this listing excludes a ‘wastewater control system’, the fact that disposal is involved, together with the connection between the ‘lagoon’ use and the activities at the Tarac land to the north, warrants a considered approach that recognises this arrangement in terms of development policy. Schmidt Land Land identified as Lot 2 in D21938, Samuel Road, Nuriootpa (area of 2.12 hectares) is presently owned by NW & BD Schmidt Transport Pty Ltd, and has a history of use as a transport depot and/ or storage site from the mid-late 1980’s until approximately 2007. Prior to this, it is understood that the topsoil was removed for use off-site, leaving the allotment with little to no productive capability. For the purposes of this DPA, this land is referred to from hereon as the ‘Schmidt land’. Since this time, land within the locality has been developed for both residential and industrial purposes. Whilst currently listed as an infill development site in Council’s Development Plan, the land is inappropriate for this purpose, as it is immediately adjacent (northern side) to the Tarac facility (diminishing its attractiveness for residential use), and it is not suited to productive purposes due to the removal of topsoil in the past. For these reasons, coupled with its use until 2007 for commercial purposes, it is appropriate to consider rezoning this land to enable other uses for this site. This has occurred with special care taken to ensure that future uses are unlikely to have negative impacts on nearby residences through appropriate controls to mitigate potential land use conflicts. John Falland Australia Light industry activities have occurred at the John Falland Australia site at 104 Moppa Road South, Nuriootpa since the early 1970’s. The current scale of operations is generally minor in nature; however ad-hoc activities continue to occur on the site. Although clearly a commercial/ industrial site, its present zoning is ‘Primary Production Zone’, whereas the ‘rural living’ allotment to the west is in the Industry (BVR) Zone. This clearly indicates a zoning error requiring correction. A search of historic Development Plan information reveals that the land in question was incorrectly identified on zone mapping in the Light (Outer Metropolitan) (DC) Development Plan,




Analysis


consolidated in December 1999. Therefore, the error in identification occurred prior to this date and may have resulted during the Barossa Valley Region- Rural Areas PAR (Ministerial) Section 29(2) Amendment undertaken by the Minister in 1997. 3.2.4 Consultation with Affected and Adjacent Landowners

SOI Investigation- Undertake direct consultation with landowners of the affected lots and the adjacent lots to seek their respective views for consideration in the investigations process.

Direct consultation was undertaken with all adjoining land owners within both the Light Regional Council area and the Barossa Council area through the distribution of twenty-two (22) letters. This process yielded valuable input at the early stages prior to investigations being substantially commenced. Below is a brief description of the key themes to emerge from this consultation process. Affected Land Owners The affected land owners are generally supportive of the proposed amendment, albeit subject to clarification of what the amendment will mean for them specifically and whether any updates will result in changes to their Council rates. A response received from the representative of Tarac Technologies and North Para Environmental Control Pty Ltd asked that key points from its previous submission to the Council’s Strategic Directions Report (SDR) process relating to site specific issues be considered in the preparation of the DPA. Adjoining Land Owners Written responses were received from five (5) adjoining land owners or their representatives and highlight a range of issues and themes. Generally speaking, respondents were concerned about the nature of the re-zoning and the potential land uses which may be sited on the affected land, highlighting that the intent of the Primary Production Zone (BVR Policy Area 2) supports farming activities. Comments also raised the potential interface issues which may arise from the development of land if it is rezoned to Industry (BVR) Zone, whilst concern about the consistency of the proposal with the intent of the Character Preservation (Barossa Valley) Act 2012 was also expressed. Section 3.2.2 above provides a specific discussion exploring the proposed amendments in the context of the Character Preservation (Barossa Valley) Act 2012 and related Planning Strategy Addendum. Furthermore, respondents also highlighted the outcomes of previous ERD Court proceedings and subsequent encumbrance affecting land identified in Area 1 together with numerous complaints which have been lodged with Council over the operations taking place at Tarac Technologies. This matter has been discussed in greater detail under section 3.2.3 and as noted, the zoning of the land for the processing facility is not affected by this DPA. Finally, one respondent (LVS Admin Pty Ltd) mentioned a desire to rezone and redevelop land neighbouring the area identified as Area 2, referencing a previous study undertaken to inform a proposal for that site (Lot 12 in DP1931) in 2008. This submission requested that Council expand the investigation area to include land to the south of Area 2 and other nearby properties. As the previous work referred to sought a residential rezoning outcome on this land, which is known to be inconsistent with the Character Preservation (Barossa Valley) Act 2012, Council has unfortunately not been able to incorporate a review of this area in this DPA Council acknowledges and appreciates these informative responses and has considered the content of each thoroughly in the preparation of this documentation. Where possible, policy approaches have been tailored accordingly. It is anticipated that a number of the concerns raised during this initial consultation have been addressed through the amendment proposals contained in this DPA. It is noted that the proposed policies have been developed to acknowledge the existing uses and provide a means of managing these effectively and efficiently, whilst providing one (1) additional allotment for industry purposes without facilitating a broad expansion of industrial activities within the zone.




Analysis


3.2.5 The Barossa Council SOI Investigation- Undertake direct consultation with The Barossa Council with respect to the aims of the

proposed DPA and preliminary views for consideration in the investigations process. SOI Investigation- Undertake a detailed review of the Barossa Council Development Plan content to ensure

any rezoning does not undermine existing zoning within that Plan. As the affected areas are adjacent to the municipal boundary between the Barossa Council and Light Regional Council, direct consultation was undertaken with Barossa Council staff in the initial stages of preparing this DPA to gain an appreciation of any potential cross-border issues that would require further consideration. This process did not reveal any significant additional matters for investigation beyond those discussed in this section below. A review of the Barossa Council zone mapping (reproduced as figures 2 and 3 below) within the locality shows a mix of zoning types to the immediate east of the affected localities, in particular land is zoned Industry (BVR) Zone, Light Industry Zone, Primary Production (BVR) Zone and Residential. The implications of this are discussed further under the headings below: Industry (BVR) Zone (In(BVR)) The majority of land to the immediate east of Area 1 is zoned Industry (BVR) Zone and contains both vacant land and established uses. Policies applicable to this zone are generally consistent across both Council areas and reflect the specific nature of the zone as one which accommodates industrial and commercial type uses of regional significance. The Barossa Development Plan also recognises the vital link between development within this zone and the viticulture and wine making industry, whilst also emphasising the need to protect the amenity of localities generally. Additions to the Industry (BVR) Zone on the LRC side of the municipal border are not considered likely to have a negative impact on the Barossa Council district. Light Industry Zone (Lin) Mapping from the Barossa Council identifies a small pocket of Light Industry zoned land to the immediate east of Area 1 (Samuel Road). This zone comprises some fifteen (15) allotments with a number of existing uses. Whilst the intent of this zone is similar to that of the Industry (BVR) Zone, the Light Industry Zone encourages the siting of more general industry type uses of varying scale, rather than having a direct relation to the regions viticulture. Additions to the Industry (BVR) Zone on the LRC side of the municipal border are not considered likely to have a negative impact on the Barossa Council district. Primary Production (BVR) Zone (PrPro(BVR)) Land to the immediate east of both Areas 1 and 2 is zoned Primary Production (BVR) Zone and reflects the peripheral location of this land, removed from the town centre. The allotments in this area comprise a mix of both agrarian and residential land uses on a variety of land holding sizes. Provisions applicable to this zone are largely consistent with those of the Primary Production Zone contained in the Light Regional Council Development Plan and reflect the intensive, long-standing viticulture land uses characteristic of the locality. Given the industrial nature of farming and viticulture activities, the proposed DPA is not considered likely to impact upon the continued use of primary production land. Residential (R) An area to the south-east of Area 2 is zoned Residential and comprises detached dwellings and an aged care facility. This area represents the most western extent of Nuriootpa, predominantly interfacing with land in the Primary Production Zone (BVR Policy Area 2) utilised for viticulture. Whilst in proximity to Area 2, the proposed rezoning will not result in an alteration of the on-ground arrangements and therefore will not impact upon the land uses within the Residential Zone. Policy Content As noted, with the mixed-use nature of the locality and previous efforts to prepare regionally consistent policy content, it is considered that proposed changes resulting from the DPA are not contradictory to, or conflict




Analysis


with, those provisions contained in The Barossa Council Development Plan and in fact can be considered complementary to those zones and land uses established to the east.

Figures 2 and 3 - Maps showing zoning with Barossa Council 3.2.6 Interface between land uses SOI Investigation- Investigate and identify any potential interface concerns between any revised industrial

zoning and surrounding land uses and develop policy and/or design responses as appropriate.

Both areas affected by this DPA are in close proximity to sensitive uses (residential development, nursing home/aged care facility) and management of potential interface issues between land uses arising from policy changes is a key consideration. The current Development Plan recognises the existing interface shared between Tarac Technologies and residential development. The site comprises a precinct and associated Concept Plan which seeks to retain existing landscaping and establish additional landscape buffers to the north and west of the facility, and provide uniformity and limited new access points to Samuel Road. Whilst the core intent of the DPA is to rectify existing zoning anomalies and provide a neater policy outcome recognising existing development, the rezoning of the Schmidt land requires that potential interface issues be managed for the areas to the north and west of Area 1. This lot represents the only parcel of land not currently used for industry or associated purposes within Area 1. As such, the DPA makes appropriate provision for this potential interface change. Existing Interface Throughout the initial consultation phase a number of responses received mentioned the impacts that Tarac’s operation has on the general amenity of the area. It is noted that both the Tarac Technologies processing facility and the effluent disposal lagoons are identified as ‘prescribed activities’ under the Environmental Protection Act 1993 and are therefore subject to the controls of the Environment Protection Authority (EPA) through an appropriate licence. EPA licences are an enforceable agreement between the EPA and licensee that sets out the minimum acceptable environmental standards to be maintained. Licences are issued to businesses that either pollute or have the potential to pollute the environment by:

• the production or transport of solid or liquid waste; • noise; • emissions into the air; and

In(BVR) – Industry (Barossa Valley Region) Zone Lin – Light Industry R – Residential PrPro (BVR) - Primary Production Barossa Valley Region) Zone

Area 1

Area 2

Barossa Council

Barossa Council




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• production of heat. A review of the subject licences identifies that appropriate measures are in place for the ongoing management and monitoring of activities occurring at the site. Strict controls in place for the management of:

• odour- requirement to provide written reports on how this is managed to ensure it does not impact the surrounding community;

• noise- controls in place to limit noise to acceptable levels which vary for different times of the day • storage, management and removal of by-products- controls on the amount of wastewater received

and how this should be removed • General management of the site- including stormwater

Management of the licensee and any potential conflicts arising from the mismanagement of activities is undertaken by the EPA through a regular review of information submitted in accordance with the requirements of the licences. Interface control measures Whilst interface with the Tarac Technologies site is managed through precinct controls, an associated Concept Plan and EPA licence stipulations; there is a need to consider similar requirements for the interface with the Schmidt land through this DPA. Aerial photography and cadastral mapping shows there are two (2) dwellings within 60 metres of the northern and western boundaries of the Schmidt land. In particular, the dwelling sited on land identified as 85B Tolley Road, Nuriootpa is some 60 metres from the western (rear) boundary, whilst the dwelling sited on land identified as Samuel Road, Nuriootpa (CT:5798/770 – Lot 627 FP:173718) is sited some 52 metres from the northern (side) boundary. Development in proximity of these parcels is discussed below. Separation Guidelines: As part of the initial consultation phase, correspondence was forwarded to the Environment Protection Authority (EPA) seeking input to the investigations process. The EPA supports the prevention of potential conflict between incompatible land uses, noting that guidance for interface considerations between land uses is provided within the Guidelines for Separation Distances (2007). This document acts as a tool to assist Councils and developers when considering the siting and design of potentially incompatible land uses, aiming to minimise any impacts on sensitive uses caused by odour, noise, air emissions and/or water polluting activities, and control the siting of sensitive uses within proximity of potentially conflicting activities. The guidelines promote the use of lateral separation distances between land uses. Depending on the future use of the subject allotment, the separation distance between the activity and a sensitive receptor will vary considerably. Whilst the proposed zoning of this land may accommodate a range of industrial type uses, the characteristics of the land will largely dictate the development that can take place and in what form. In this, the EPA guidelines refer to an ‘activity boundary’ which is defined as a boundary established around all sources of potential pollutant emissions, and acts as the point from which to measure separation distances to sensitive land uses. Lateral separation distances for various land uses are outlined within the guidelines and it is important to note that the guidelines do not act a ‘one size fits all’ document. Whilst a lateral separation distance may be considered a simple way of achieving compliance, there are other means of managing and mitigating potential interface conflict, including the use of buffers (vegetation/earth) and design and siting of future buildings. Appropriate case by case assessments will be necessary for future applications lodged with Council. A review of the guidelines reveals that those activities listed are generally of a ‘heavy’ industry nature (i.e. cement works, pulp and paper works, wood processing works) and may not be compatible with the requirements of the Industry (BVR) Zone. An example of land uses which could reasonably be located within the zone are listed below. It is important to highlight that those uses listed are for reference only:




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• Builder’s yard; • Bus depot; • General Industry; • Horse keeping • Motor repair station; • Service trade premise (i.e. sale, rental or display of machinery, boats, caravans or landscape

supplies).

As detailed, the above list is for reference only and provides a small list of land uses which may be envisaged within the zone. Management techniques to minimise potential interface conflict would be undertaken as part of a future Development Assessment process on a case-by-case basis, and measures would depend on what land use is proposed. However, given the mixed use nature of the locality and as a means of ensuring potentially conflicting land uses are not established where impact on sensitive activities could be likely, the policy approach proposed in rezoning the Schmidt land as Industry (BVR) Zone sets limits on the location and type of land use which can occur through appropriate Precinct and Concept Plan controls. These include the identification of appropriate land uses as well as minimum buffer distance boundaries with adjoining sensitive uses (western rear and northern side) discussed below. This approach is considered sufficient to manage potential interface conflict and will still allow appropriate Development Assessment considerations to be given. Given the known setback distances between both the western (rear) and northern (side) boundaries of the Schmidt land and the existing dwellings sited at 85B Tolley Road, Nuriootpa (60 metres) and Samuel Road, Nuriootpa (CT 5798/770) (52 metres), it is plausible to consider that a portion of land to the rear and side of the Schmidt land could provide a ‘buffer’ area between land uses, and therefore a greater lateral separation between existing sensitive land uses and future development. Upon review of current buffers included around the Tarac processing facility, the location of established landscape vegetation and the topography of the land (which slopes up from Samuel Road), a prescribed buffer distance of 50m from the western rear boundary and 25 metres from the northern side boundary is proposed. This buffer would ensure that adequate land area remains for development purposes on the Schmidt land and confines development to boundaries shared with existing industrial uses. Figure 4 below presents a visual representation of the proposed buffer. The buffer would be introduced through a Concept Plan for the site as described in Section 3.2.9 below.




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Figure 4 – Map showing proposed buffer to northern and western boundaries of the Schmidt land

State Planning Policy Library: Council has recently converted its development plan to the Better Development Plan format. This format utilises a module approach as guided by the South Australian Planning Policy Library. A review of the plan confirms that interface considerations are included as a specific module which will assist in guiding the future assessment of development proposals on the subject land and take into account separation considerations between sensitive uses and those not listed in the EPA guidelines. Given the controls currently in place through the Guidelines for Separation Distances (2007), those included in the interface between land uses module and the policy approach proposed as part of this DPA, appropriate interface control measures are considered to be in place to manage potential conflict resulting from the rezoning of the Schmidt land (Lot 2 in DP21938, Samuel Road, Nuriootpa (CT: 5443/286)). 3.2.7 Transport and Access SOI Investigation- Review transport capability and access arrangements to all properties affected by the

DPA to ensure the sites are adequately serviced by road infrastructure. Access to the Tarac Technologies processing facility and the Schmidt property is taken from Samuel Road via both sealed and unsealed vehicle crossovers. The nature of these access points reflects the current use of the properties and level of associated development. Access arrangements may change as a result of future development and this would be considered as part of a Development Application. Access to those parcels used for effluent disposal is via an existing crossover to Liebig Road which caters for a range of vehicles. Identification of this access within a proposed Concept Plan will ensure that access to this carriageway is managed.

85B Tolley Road, Nuriootpa

Tolley Road, Nuriootpa (CT: 5798/770)

Schmidt Land

Buffer

50m

25m




Analysis


Access to those properties forming Area 2 is taken via existing cross-overs to Moppa Road South. These arrangements will remain unchanged. A review of the road network fronting Areas 1 and 2 confirms that both Samuel Road and Moppa Road South are gazetted B-Double routes. ‘B-Doubles’ are identified as Restricted Access Vehicles and these routes are approved by the Department of Planning, Transport and Infrastructure (DPTI); and permit B-Double vehicles to operate when within the General Access Mass Limits or at High Mass Limits and have been designed to cater for the increased size of the vehicle. The designation of both roads as B-Double routes offers a level of protection to the road network, and Council’s Manager - Engineering and Assets has confirmed that the amendments proposed in this DPA will not result in a reduction in the capacity of the road network to cater for B-Double vehicles, nor materially change the nature of the road given the localised nature of the DPA. It is noted that any new access point to Samuel Road or Moppa Road South will need to be compliant with the requirements of DPTI, in particular the maintenance of adequate sight lines. These requirements are considered capable of being achieved in both locations. Given the abovementioned, both Areas 1 and 2 are considered to be adequately serviced by road in a safe and convenient manner. 3.2.8 Infrastructure SOI Investigation- Investigate the nature and capacity of existing utility infrastructure services available to

the affected area and identify any augmentation/upgrade works which might be necessary to facilitate the proposal.

SOI Investigation- Investigate the capacity of the existing stormwater disposal network to support the

proposed rezoning and identify any augmentation/upgrade works which might be necessary to facilitate the proposal.

SOI Investigation- Investigate the capacity of the existing water supply network to support the proposed

rezoning and identify any augmentation/upgrade works which might be necessary to facilitate the proposal.

As part of the investigations, infrastructure availability and capacity was considered and discussed under respective headings below. Electricity Infrastructure Electricity infrastructure is currently provided to both Area 1 and Area 2 via the SA Power Networks electricity grid. Power is available to all properties with current 11Kv lines running along both Samuel Road and Moppa Road South. With respect to Area 1, SA Power Networks confirms that ‘there is no low voltage network servicing this locality which is typical for rural areas, and any future request for additional supply would be assessed in accordance with SA Power Networks distributor licence at the time of application.” Correspondence from SA Power Networks regarding Area 2 notes that there are “pockets of low voltage network surrounding the property, which is suitable to service existing loads… any future request for additional supply would be assessed in accordance with SA Power Networks distributor licence at the time of application.” SA Power Networks confirm that they see no reason for concern with the proposed rezoning of either area. Stormwater Infrastructure Both areas 1 and 2 are located within a generally rural setting on the western periphery of Nuriootpa, with limited infrastructure services. A review of Council data confirms that no reticulated stormwater




Analysis


infrastructure is provided to the sites, requiring land owners to instead capture and manage stormwater on-site. The scale of on-site infrastructure (detention basins etc.) is directly linked to the size and percentage of impervious surface associated with future development (roofed areas, sealed parking areas etc.). Council’s Development Engineer confirms that there are no plans to extend existing stormwater infrastructure to service development within this locality, noting that, as is current practice, future development of land will need to take into account the requirements to capture and detain stormwater on-site at a scale which recognises the envisaged nature of land uses within the zone. The land is considered of an appropriate scale and nature to accommodate future works. Water Supply Infrastructure As part of the initial consultation phase, correspondence was forwarded to SA Water seeking input to the investigations process and to gain an understanding of the potential infrastructure limitations. SA water confirms that it provides water services to the Nuriootpa township, and an existing water main runs along Moppa Road and ends in Samuel Road, approximately 500 metres south of the intersection with Tolley Road. SA Water notes that, “depending on the nature of future developments, the water network can be extended/augmented to service the subject land”, providing additional comment on the nature of future connection requirements for commercial/industrial development. Given the abovementioned, there are no water connection or capacity issues which would preclude the proposed policy amendments. 3.2.9 Zoning and Policy Considerations

SOI Investigation- Investigate and determine appropriate zoning in respect of current land uses of the affected land parcels.

SOI Investigation- Review the content of Precinct 11 - Samuel Road and determine its suitability for the entirety of any rezoned area, or alternatively introduce revised/new policy content as may be appropriate.

Zoning Area 1: Samuel Road As described previously, the land utilised by Tarac Technologies operations is held across four (4) allotments two of which are in the Industry (BVR) Zone (and associated Precinct), with the balance held within the Primary Production Zone (BVR Policy Area 2 – and associated Precincts). The current Development Plan controls place the effluent disposal lagoons within the Primary Production Zone (BVR Policy Area 2). Controls under this zone trigger a non-complying application when undertaking works relating to ‘waste reception, storage, treatment or disposal’. In recognising the existing use of this land and how this can link to either the rural or industrial landscape, and the size of the area affected together with the provisions of the Character Preservation (Barossa Valley) Act 2012, it is considered appropriate to review the immediate situation and how the lagoons are recognised within policy. Whilst Council understands that there are synergies between the operation of Tarac Technologies and the effluent disposal lagoons and consolidation of zoning may be sought, it is considered more appropriate to maintain the current zoning provisions and accommodate the lagoon properties within the Primary Production Zone. This approach recognises the generally rural nature of the sites and their use, and will limit the potential increase in industrial land supply. As a means of addressing the immediate issue relating to non-complying development, Development Plan policy will be updated along with the introduction of a Precinct and associated Concept Plan within the Primary Production Zone specifically for these sites. The Schmidt property located within the northern extent of Area 1 is currently zoned Primary Production Zone (BVR Policy Area 2). This allotment has a long history of commercial/ industrial activities, previously




Analysis


being used as a transport depot (as detailed in section 3.2.3). Given this allotment’s proximity to the Tarac site adjacent to the south, as well as the Industry (BVR) Zone and Light Industry Zone within the Barossa Council to the east, any future development of this site for residential purposes is considered inappropriate and would result in further incompatible activities. It is appropriate therefore to rezone this land and add it to the Industry (BVR) Zone to facilitate its future development in a sensitive manner. The zoning approach proposed recognises both current policy constraints whilst facilitating the consolidation of the Industry BVR Zone. Area 2: Moppa Road South: Current zoning places the John Falland industries property within the Primary Production Zone (BVR Policy Area 2) whilst land to the immediate north-west of this parcel (identified as 94 Moppa Road South) is zoned Industry (BVR) Zone and comprises a single dwelling and associated viticulture activities. The DPA will rectify this long standing zoning anomaly and ‘flip’ the zones to accurately reflect the land use pattern by correctly placing the John Falland Industries property in the Industry (BVR) Zone and the property at 94 Moppa Road South into the Primary Production Zone (BVR Policy Area 2). The proposed zoning amendments will not alter the on-ground arrangements. Precinct 11 – Samuel Road Precinct 11- Samuel Road comprises specific policies for that land within the Industry (BVR) Zone within Area 1 and is supported by a Concept Plan (Map Lig/2 – Samuel Road Industry. The current provisions of the Precinct are as follows:

“36 Development in the precinct should comprise of larger scale industrial activities. 37 Uses such as light industry, service industry, warehousing, storage, and distribution should

be located in the northern portion of the precinct to provide a buffer to surrounding sensitive uses.

38 Development in the precinct should be undertaken in accordance with Concept Plan Map

Lig/2 – Samuel Road Industry – (Nuriootpa). 39 Activities occurring within the separation areas identified on Concept Plan Map Lig/2 –

Samuel Road Industry – (Nuriootpa) should be of a low-impact nature and not generate noise, dust or odour beyond the precinct.

40 Land division within the precinct should facilitate the retention of existing lines of established

trees to maintain the landscape character and buffering effects of these trees.” The Concept Plan makes provision for a 50 metre wide separation distance to the northern and western boundary, whilst also highlighting existing vegetation located to the northern boundary of the current zone. The controls outlined above and by the Concept Plan recognise both the nature of the processing facility and its location within the wider locality and context, encouraging development of the site in a manner which recognises the potential for land uses to detrimentally impact adjoining sensitive uses which share a common boundary. With appropriate additions, the use of this Precinct and Concept Plan is also considered appropriate for land situated to the immediate north (Schmidt land). Given the age of the Concept Plan data, it has been identified that modifications are required to better reflect both the current on-ground arrangements and the proposed amendments made as a result of this DPA. In particular, existing vegetation has been altered and mapping of this has been updated, the buffer shown on the Concept Plan between the Tarac Technology properties and the Schmidt land is no longer needed and as such is proposed to be removed. The updated Precinct content and Concept Plan maintain provisions which recognise the mixed nature of land uses within the locality. In particular, Precinct content has been




Analysis


updated to place limitations on development of the Schmidt land, whilst buffering to sensitive uses to the north and west of the Schmidt land has been proposed. It is recognised that the provision of separation areas to the Schmidt land will reduce the land available for development. The allotment has an area of 2.12 hectares. Combining a buffer of 25 metres to the northern side boundary and 50 metres to the western rear boundary will result in a development area of 1.21 hectares. This area is considered of appropriate size to accommodate low-scale industry type development in the context of this locality. Precinct 41 – Samuel Road Effluent Disposal Lagoons As discussed above, the effluent disposal lagoon sites (Liebig Road, Nuriootpa (Lot 608 in FP173699, CT: 6059/146) and 58 Liebig Road, Nuriootpa (Lot 606 in FP173697, CT: 6079/397)), whilst being directly related to the operation of the processing facility are largely rural in appearance and operation, comprising few structures and areas of existing vegetation. The DPA proposes to introduce a Precinct and associated Concept Plan within the Primary Production Zone (BVR Policy Area 2) for those properties identified above including particular controls to retain the current use of the land and the open rural character, however facilitate the development of wastewater treatment and disposal (a non-complying use under current zoning controls). Provisions contained in the Precinct propose to retain the land for effluent disposal purposes, whilst recognising and retaining the open and rural landscape and limiting access to Samuel Road. The associated Concept Plan seeks to retain areas of both native vegetation and existing vegetation which acts to screen the use from both neighbouring properties and Samuel Road.

4. Recommended Policy Changes

Following is a list of the recommended policy changes based on the investigations of this DPA: ▪ Rezone land identified as 94 Moppa Road South, Nuriootpa (CT 5499/54) from Industry (Barossa Valley

Region) Zone to Primary Production Zone (Barossa Valley Region Policy Area 2); ▪ Rezone land identified as 104 Moppa Road South, Nuriootpa (CT 5499/505) from Primary Production

Zone (Barossa Valley Region Policy Area 2) to Industry (Barossa Valley Region) Zone (Precinct 10 – Moppa Road South);

▪ Rezone land identified as Samuel Road, Nuriootpa (CT 5443/286) (Schmidt Land) from Primary

Production Zone (Barossa Valley Region Policy Area 2) to Industry (Barossa Valley Region) Zone; ▪ Update the content of Precinct 11 Samuel Road and associated Concept Plan Map Lig/2 within the

Industry (Barossa Valley Region) Zone. ▪ Update Table Lig/6 - Infill Development Sites to both revise Certificate of Title references generally

within the list, and remove reference to Samuel Road, Nuriootpa (D21938, Allotment 2, Hundred of Nuriootpa, CT Volume 5443 Folio 286) and Hempel Road, Nuriootpa (F173886, Allotment 795, Hundred of Nuriootpa, CT Volume 5783 Folio 867).

▪ Insert a new Precinct (Precinct 41 – Samuel Road Effluent Disposal Lagoons) within the Primary

Production Zone – Barossa Valley Region Policy Area 2 to guide development occurring on land used for effluent disposal purposes on Liebig Road in association with industrial activities.

▪ Confirm, in zone policy, that ‘waste reception, storage, treatment or disposal’ is a ‘merit’ form of

development when located within Precinct 41- Samuel Road Effluent Disposal Lagoons. ▪ Update mapping as required, including

o Amendments to Zone, Policy Area and Precinct Maps Lig/16.

o Amendments to Concept Plan Map Lig/2 Samuel Road Industry – (Nuriootpa).




Analysis


o Inserting Concept Plan Map Lig/12 within Council’s Development Plan. A comprehensive summary, including a summary of the conclusions drawn from the investigations, is contained in the Appendices. 4.1 State Planning Policy Library update

Council resolved in the SOI that it would utilise the latest version of the State Planning Policy Library – Version 6 (where relevant).

5. Consistency with the Residential Code

N/A

6. Statement of statutory compliance

Section 25 of the Development Act 1993 prescribes that the DPA must assess the extent to which the proposed amendment: ▪ accords with the Planning Strategy ▪ accords with the Statement of Intent ▪ accords with other parts of council’s Development Plan ▪ complements the policies in Development Plans for adjoining areas ▪ accords with relevant infrastructure planning ▪ satisfies the requirements prescribed by the Development Regulations 2008. 6.1 Accords with the Planning Strategy

Relevant strategies from the Planning Strategy are summarised in the Appendices of this document. This DPA is consistent with the direction of the Planning Strategy. 6.2 Accords with the Statement of Intent

The DPA has been prepared in accordance with the Statement of Intent agreed to on 8 November 2013. In particular, the proposed investigations outlined in the Statement of Intent have been have been addressed in section 3 of this document. 6.3 Accords with other parts of the Development Plan

The policies proposed in this DPA are consistent with the format, content and structure of the Light Regional Council Development Plan. General formatting approaches are maintained and proposed policy content is not repetitive, seeking to introduce a new precinct and associated Concept Plan to guide development. This approach is consistent with the current format of the Development Plan, maintaining the general content and structure. 6.4 Complements the policies in the Development Plans for adjoining areas

The DPA does not propose significant zoning or policy amendments, rather seeking to rectify existing long-standing zoning anomalies. As described in the investigations undertaken to inform the DPA, a review of the current zoning and policies contained in the Barossa Council Development Plan did not reveal any conflict between policy documents. Accordingly, the policies proposed in this DPA will not affect and will complement the policies of Development Plans for adjoining areas.




Analysis


6.5 Accords with relevant infrastructure planning

This DPA complements current infrastructure planning for the Council area, as discussed in section 3.2.8 of this document. 6.6 Satisfies the requirements prescribed by the Regulations

The requirements for public consultation (Regulation 11) and the public meeting (Regulation 12) associated with this DPA will be met.




References/Bibliography



▪ Environment Protection Authority, Guidelines for Separation Distances, December 2007 ▪ The Barossa Council Development Plan- Consolidated 21 February 2013

▪ South Australian Planning Policy Library - Version 6 (September 2011)

▪ Light Regional Council Section 30 Development Plan Review Report (prepared with assistance from

Jensen Planning & Design) – May 2009

▪ Light Regional Council Strategic Directions Report (prepared with assistance from URPS) – December 2012





Schedule 4a Certificate

CERTIFICATION BY COUNCIL’S CHIEF EXECUTIVE OFFICER

DEVELOPMENT REGULATIONS 2008

SCHEDULE 4A

Development Act 1993 – Section 25 (10) – Certificate - Public Consultation

CERTIFICATE OF CHIEF EXECUTIVE OFFICER THAT A DEVELOPMENT PLAN AMENDMENT (DPA) IS SUITABLE FOR THE PURPOSES OF PUBLIC

CONSULTATION I Brian Carr, as Chief Executive Officer of Light Regional Council, certify that the Statement of Investigations, accompanying this DPA, sets out the extent to which the proposed amendment or amendments-

(a) accord with the Statement of Intent (as agreed between the Light Regional Council and the Minister under section 25(1) of the Act) and, in particular, all of the items set out in Regulation 9 of the Development Regulations 2008; and

(b) accord with the Planning Strategy, on the basis that each relevant provision of the Planning Strategy that related to the amendment or amendment has been specifically identified and addressed, including by an assessment of the impacts of each policy reflected in the amendment or amendments against the Planning Strategy, and on the basis that any policy which does not fully or in part accord with the Planning Strategy has been specifically identified and an explanation setting out the reason or reasons for the departure from the Planning Strategy has been included in the Statement of Investigation; and

(c) accord with the other parts of the Development Plan (being those parts not affected by the amendment or amendments); and

(d) complement the policies in the Development Plans for adjoining areas; and

(e) satisfy the other matters (if any) prescribed under section 25(10)(e) of the Development Act 1993.

The following person or persons have provided advice to the council for the purposes of section 25(4) of the Act: • Andrew Chown – Principal Project Planner – Light Regional Council - MPIA

• Craig Doyle – General Manager, Strategy & Development- Light Regional Council – MPIA CPP

DATED this 5th day of March 2015

Chief Executive Officer




Appendices


Appendices

Appendix A - Assessment of the Planning Strategy





Nuriootpa West (Industry BVR Zone) DPA

Light Regional Council Appendices

Appendix A - State Planning Policy Library Update


Appendix A – Assessment of the Planning Strategy

The 30-Year Plan for Greater Metropolitan Adelaide

Targets How the target will be implemented:

The Economy and Jobs

A. Provide for 282,000 additional jobs during the next 30 year. The regional distribution of additional jobs is:

• 38,500 in the Barossa.

The DPA proposes to rezone land for industry purposes, recognising both existing and previous land use arrangements. While additional employment opportunities may eventuate in the future, the DPA is primarily proposed to improve efficiencies, viability and longevity of established industries and rectify long-standing zoning anomalies.

B. Distribute jobs across Greater Adelaide as: • 128,500 broadly distributed across the

region.

As noted above, the proposed rezoning of the subject titles from Primary Production Zone (Barossa Valley Region Policy Area 2) to Industry (Barossa Valley Region) Zone will sustain existing employment as well as potentially lead to modest additional job creation through business growth and establishment.

C. Plan for 15,900 green-collar jobs during the Plan’s first 15 years.

The proposed rezoning supports the ongoing operations of Tarac Technologies P/L, a specialist provider of ‘green-collar’ employment within the Barossa region. The DPA and policy approaches taken may lead to a further expansion of this use or similar uses through a suitable zoning response.

Green Industries

N. Plan for 15,900 new green-collar jobs in Greater Adelaide during the Plan’s first 15 years.

Discussed above.

Policies How the policy will be implemented:

The 30-Year Plan for Greater Metropolitan Adelaide

The Economy and Jobs

1. Plan for high jobs growth and set a high jobs target to encourage interstate net migration of working-age people into Greater Adelaide.

The proposed DPA will both rectify existing zone and rezone additional land for industrial type activities. This in turn may lead to an expansion of existing uses or facilitate the provision of further job opportunities in the future.

7. Focus business clusters around key transport infrastructure such as road, air, rail and sea terminals, particularly intermodal facilities to maximise the economic benefits of export infrastructure.

The proposed DPA recognises existing industrial (non-agricultural) development and land use activities adjacent to key transport infrastructure. Both areas are located on gazetted B-Double route’s which ensures easy access to the Sturt Highway (via Sir Condor Laucke Way). In addition, the activities taking place in Area 1 are clustered with land zoned for industry purposes in the Barossa Council. This provides a continuity of zoning and allows for combined infrastructure provision and value-adding activities.

Primary Production

11. Improve primary production’s share of economic activity in Greater Adelaide through the protection of strategic areas for horticulture, viticulture, dairying and grain production.

The proposed DPA will not diminish local primary production capacity as the land affected by the rezoning proposals has either been developed for other purposes (such as the effluent lagoons) or is not suited to productive activities (in the case of Lot 2 in DP 21938). Land held in area 1 is isolated from primary production



Nuriootpa West (Industry BVR Zone) DPA

Light Regional Council Appendices

Appendix A - State Planning Policy Library Update


Policies How the policy will be implemented:

areas and not of an appropriate size or characteristic to sustain agriculture. The amendments to Area 2 will actually return a landholding of 2.9Ha (Lot 1 in FP6402) to more appropriate ‘primary productive’ zoning.

14. Use measures, including planning controls, to protect important primary production areas such as the Barossa Valley, Willunga Basin and Northern Adelaide Plains.

The proposed DPA rectifies long standing zoning anomalies, whilst providing for one (1) additional industrial type allotment. The modest expansion in industrial land supply and the general nature of land subject to the DPA will not remove significant areas of land from primary production activities. It is noted that the vast majority of land subject to consideration comprises existing effluent lagoons which support limited on-site wastewater re-use and disposal.

Barossa Valley and McLaren Vale Character Preservation – Addendum to the 30 Year Plan for Greater Adelaide – December 2013

How the policy will be implemented:

Barossa Valley Character Values

The rural and natural landscape and visual amenity of the district

Provide for development required to maintain the economic viability of primary production which is a key rural attribute of the district.

The DPA proposes to rezone land to more accurately reflect the current situation on the ground and rectify long standing anomalies. Existing land uses support the economic viability of the viticulture industry across the region.

Built form of townships as they relate to the district

Maintain and manage the interface between primary production, industrial and residential activities.

The policy approach proposed recognises the interface between existing uses within the Industry (BVR) Zone and those within the Primary Production (BVR) Zone, in particular residential development to the north and west of Area 1. Interface considerations have been explored in the DPA investigations and where considered necessary, policy has been prepared to manage future potential risk.

Viticulture, agriculture and associated industries

Protect primary production areas to ensure that valuable land is not lost from production.

The DPA will not result in the loss of primary production land. The rezoning of the lagoon sites will more accurately reflect their use wastewater removal, whilst the Schmidt land is not considered appropriate for primary production activities by virtue of its location, size and characteristics.

Provide opportunities for value adding activities that complement the district’s primary production.

The DPA will not only rectify existing zoning anomalies, but will support the development of future value adding opportunities. The rezoning of the Schmidt land to Industry (BVR) Zone will ensure that activities to occur are complimentary to the primary production characteristics of the locality.



Nuriootpa West (Industry BVR Zone) DPA – Version 2 for Approval



The Amendment

For Approval




Amendment Instructions Table



Name of Local Government Area: Light Regional Council Name of Development Plan: Light Regional Council Development Plan Name of DPA: Nuriootpa West (Industry BVR Zone) DPA The following amendment instructions (at the time of drafting) relate to the Council Development Plan consolidated on 18 December 2014. Where amendments to this Development Plan have been authorised after the aforementioned consolidation date, consequential changes to the following amendment instructions will be made as necessary to give effect to this amendment.

Am

endm

ent I

nstr

uctio

n N

umbe

r Method of Change Replace Delete Insert

Detail what is to be replaced or deleted or detail where new policy is to be inserted. Objective (Obj) Principle of Development

Control (PDC) Desired Character

Statement (DCS) Map/Table No. Other (Specify)

Detail what material is to be inserted (if applicable, i.e., use for Insert or Replace methods of change only).

Is R

enum

berin

g re

quire

d (Y

/N)

Subsequent Policy cross-references requiring update (Y/N) if yes please specify.

COUNCIL WIDE / GENERAL SECTION PROVISIONS (including figures and illustrations contained in the text) Amendments required (Yes/No): No ZONE AND/OR POLICY AREA AND/OR PRECINCT PROVISIONS (including figures and illustrations contained in the text) Amendments required (Yes/No): Yes Industry (Barossa Valley Region) Zone 1. Replace The contents of Precinct 11

Samuel Road With the content of Attachment A

No No

2. Replace The Non-Complying list With the content of Attachment B

No No

3. Replace Public Notification Table With the content of Attachment C

No No

Primary Production Zone – Barossa Valley Region Policy Area 2 4. Insert After ‘diversification of

existing farming…’within PDC 1

The following reference: ‘Waste reception, storage, treatment or disposal where it is located within Precinct 41 – Samuel Road Effluent Disposal Lagoons

No No

5. Insert After PDC 21 The contents of Attachment D

6. Replace Within the non-complying table reference to ‘Waste reception, storage, treatment or disposal’

With the contents of Attachment E






TABLES Amendments Required (Yes/No): Yes 7. Replace Table Lig/6 – Infill

Development Sites With the contents of Attachment F

No No

MAPPING (Structure Plans, Overlays, Enlargements, Zone Maps, Policy Area & Precinct Maps) Amendments required (Yes/No): Yes Map Reference Table 8. Insert Precinct Maps After Precinct 40 Roseworthy

Centre: Precinct 41 Samuel Road Effluent Disposal Lagoons

No No

9. Insert After reference to Concept Plan Map Lig/11 – Flood Risk Area

Reference to Concept Plan Map Lig/12 – Samuel Road Effluent Disposal Lagoons

No No

Map(s) 10. Replace Zone Map Lig/16 With the contents of

Attachment G No No

11. Replace Policy Area Map Lig/16 With the contents of Attachment H

No No

12. Replace Precinct Map Lig/16 With the contents of Attachment I

No No

13. Replace Concept Plan Map Lig/2 Samuel Road Industry (Nuriootpa)

The contents of Attachment J No No

14. Insert After Concept Plan Map Lig/11

The contents of Attachment K

No No





Attachment A

Replace the contents of Precinct 11 Samuel Road with the content of this attachment.





Precinct 11 Samuel Road 36 Development in the precinct should comprise of larger scale industrial activities, except in the low

impact area of the precinct as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa).

37 Development occurring in the low impact area shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) should be for light industry, service industry, service trade premises, warehousing, storage and distribution.

18 Development in the precinct should be undertaken in accordance with Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa).

39 Activities occurring within the separation area identified on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) should be of a low-impact nature directly related with an approved use and not generate noise, dust or odour beyond the precinct.

40 Land division within the precinct should facilitate the retention of existing lines of established trees to maintain the landscape character and buffering effects of these trees.

41 Screening vegetation should be established and maintained to provide an adequate buffer to surrounding sensitive uses.





Attachment B

Replace the non-complying development list of the Industry (Barossa Valley Region) Zone with:




Attachment B


Form of development Exceptions

All forms of development Complying Development as prescribed in schedule 4 of the Development Regulations 2008.

Advertisement

Advertising hoarding

Bus depot where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Carport

Deck

Dwelling where it achieves (a) and (b): (a) it is ancillary to and in association with an industrial or

commercial land use (b) it is located on the same allotment.

Farming

Farm building

Fence

Fuel depot where it is located outside in the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

General industry where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Horse keeping

Land division

Light industry

Motor repair station

Office where it achieves (a) and (b): (a) it is ancillary to and in association with an industrial or


Outbuilding

Pergola

Public service depot except where it is located in the low impact area within Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Road transport terminal where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Service industry

Service trade premises




Attachment B



Shade Sail

Shop or group of shops where the total gross leasable area is less than 250 square metres

Solar photovoltaic panels

Store

Timber yard where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Truck parking

Verandah

Viticulture

Warehouse

Wastewater treatment and disposal system, including additions and/or alterations, associated with an existing or approved development, where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Winery where it is located outside the low impact area of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) that involves processing grapes or grape product of at least 30 tonnes crush per annum, and at least one of the following activities: (a) 4 hectares of vineyard (b) grape crushing (c) fermenting of grape product.




Attachment C


Attachment C

Replace the content of the Public Notification table of the Industry (Barossa Valley Region) Zone with the contents of this Attachment.




Attachment C


Public Notification Categories of public notification are prescribed in Schedule 9 of the Development Regulations 2008. Further, the following forms of development (except where the development is non-complying) are designated: Category 1 Category 2

Advertisement and or advertising hoarding Bus depot

Land division Demolition of a local heritage palce listed in Table Lig/8 - Local Heritage Places

The following forms of development, where the site is located outside the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(a) light industry (b) service industry (c) service trade premises (d) store (e) warehouse.

Dwelling where it achieves (a) and (b): (a) it is ancillary to and in association with an

industrial or commercial land use (b) it is located on the same allotment.

Farming

Fuel depot

General industry

Horse keeping

Minor public service depot

Winery where it achieves (a) and (b): (a) it is located within Precinct 11 and outside

of the low impact area and ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(b) it involves processing grapes or grape product not more than 500 tonnes crush per annum.


Road transport terminal

Service Trade Premises where located within the ‘Separation Areas’ as shown in Concept Plan Map Lig/2 – Samuel Road Industry – (Nuriootpa).

Viticulture

Winery where it achieves (a) or (b): (a) it is located within Precinct 11 and outside

of the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(b) it involves processing grapes or grape product of more than 500 tonnes crush per annum.




Attachment


Attachment D

After PDC 21 within the Primary Production Zone – Barossa Valley Region Policy Area 2, insert the content of this attachment




Attachment


PRECINCT 41 SAMUEL ROAD EFFLUENT DISPOSAL LAGOONS 22 Development in the precinct should be undertaken in accordance with the Concept Plan Map Lig/12 –

Samuel Road Effluent Disposal Lagoons. 23 Development in the precinct should be primarily for effluent disposal lagoons including irrigation areas

and related infrastructure associated with established industrial development located in the adjacent Industry Zone.

24 Development within the precinct should ensure that the open rural landscape character is maintained

and enhanced. 25 New access points to Samuel Road should be minimised. 26 Existing screening vegetation and areas of native vegetation should be retained.




Attachment


Attachment E

Replace ‘Waste reception, storage, treatment or disposal’ within the Primary Production Zone Non-Complying list with the contents of this attachment.




Attachment


Waste reception, storage, treatment or disposal

Except where it achieves one of the following: (a) it is located within the Roseworthy College Policy Area 4 (b) it is located within the Seppeltsfield Winery Policy Area 5 (c) it is located within Part Section 69, Hundred of Belvidere,

Certificate of Title Volume 5676 Folio 198 (d) it involves a wastewater control system (e) it is located within the Precinct 41 Samuel Road Effluent

Disposal Lagoons and is associated with an established industrial activity located in the adjacent Industry Zone.




Attachment


Attachment F

Replace Table Lig/6 – Infill Development Sites with the contents of this attachment




Attachment


Table Lig/6 - Infill Development Sites

The following table of infill development sites applies to the development in the Barossa Valley Region Policy Area 2:

No. Street / Road Name Suburb / Township Allotment No. Hundred CT Volume Folio

1 Stonewell Road Tanunda Lot 2 in F14726 Hundred of Nuriootpa

Volume 5485 Folio 993

2 Smyth Road Tanunda Lot 3 in D2060 Hundred of Nuriootpa


3 60 Smyth Road Stone Well Lot 4 in F7336 Hundred of Nuriootpa


4 Hanisch Road Stone Well Lot 844 in F172295

Hundred of Nuriootpa


5 Radford Road Seppeltsfield Lot 876 in F173967



6 Sir Condor Laucke Way

Nuriootpa Lot 638 in F173729



7 20 Neil Avenue Nuriootpa Lot 648 in F173739



8 Moppa Road South Nuriootpa Lot 686 in F173777



9 Tolley Road Nuriootpa Lot 626 in F173717






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Moppa Road North IndustryMoppa Road South IndustrySamuel RoadGomersalNuriootpa PlainsHorticultureMarananga Seppeltsfield FringeSamuel Road Effluent Disposal Lagoons






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1:4,0000 50 100 150 200 250 metres

Version A 23/7/15APPENDIX COUNCIL 13.4A-25AUGUST2015

PAGE 62 AGENDA ITEM COUNCIL 13.4.1


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Concept Plan Map Lig/12SAMUEL ROAD

EFFLUENT DISPOSAL LAGOONS

NURIOOTPA WEST

Version A 23/7/15APPENDIX COUNCIL 13.4A-25AUGUST2015 PAGE 64




Summary of Consultation and Proposed Amendments (SCPA) Report





Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment

Table of Contents

iii

Table of Contents

Introduction ......................................................................................................................................................... 1 Consultation ........................................................................................................................................................ 1

Consultation Process .................................................................................................................................... 1 Public Notification .......................................................................................................................................... 1

Public and Agency Submissions ........................................................................................................................ 1 Public Submissions ....................................................................................................................................... 1 Agency Submissions ..................................................................................................................................... 2 Review of Submissions and Public Meeting ................................................................................................. 2

Additional Matters and Investigations ................................................................................................................. 2 Additional Consultations .....................................................................................Error! Bookmark not defined. Timeframe Report ............................................................................................................................................... 2 CEO’s Certification ............................................................................................................................................. 3 Summary of Recommended Changes to the Amendment following Consultation ............................................ 3

Attachment A – Summary and Response to Public Submissions ............................................. 5

Attachment B – Summary and Response to Public Meeting Submissions ............................. 13

Attachment C – Timeframe Report ............................................................................................. 16

Attachment D – Schedule 4A Certificate .................................................................................... 17

Attachment E – Schedule 4B Certificate .................................................................................... 19

Attachment F – Additional Matters and Investigations ............................................................. 21






SCPA Report

1

Introduction This report is provided in accordance with Section 25(13) of the Development Act 1993 to identify matters raised during the consultation period and any recommended alterations to the amendment. The report also provides details of the consultation process undertaken by Council. The SCPA Report should be read in conjunction with the consultation version of the DPA. Where relevant, any new matters arising from the consultation process are contained in this Report. The Amendment reflects the recommendations of Council contained in this Report.

Consultation Consultation Process Statutory consultation with agencies and the public was undertaken in accordance with DPA process B (consultation approval not required) and in accordance with Section 25(6) of the Development Act 1993; Regulations 10 and 11 of the Development Regulations 2008; and the agreed Statement of Intent. The following Local Member(s) of Parliament were consulted on the DPA:

(a) Mr Tony Piccolo – Member for Light

(b) Mr Stephan Knoll – Member for Schubert

(c) Mr Dan Van Holst Pellekaan – Member for Stuart No comments were received. The consultation period ran from 11 March 2015 to 13 May 2015. Public Notification Notices were published in the ‘The Advertiser’, the ‘Leader’ and ‘Herald’ newspapers on 11 March 2015, and the Government Gazette and ‘Bunyip’ Newspaper on 12 March 2015. The DPA documents were also on display at Council’s service centres and libraries. A copy of the DPA was forwarded to the Department of Planning, Transport and Infrastructure on 11 March 2015. A community information session was held at the Kapunda Council Chambers on Wednesday 15 April 2015.

Public and Agency Submissions Public Submissions Nine (9) public submissions were received and whilst a number of submissions indicated supported for the proposed amendments, the following key issues were raised in the submissions and are summarised as follows:

(a) The width of separation areas shown on proposed Concept Plan Map Lig/2 – Samuel Road Industry;

(b) The description generally within policy content and visual identification of existing screening vegetation shown on proposed Concept Plan Map Lig/12 – Samuel Road Effluent Disposal Lagoons;



Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment SCPA Report

2

(c) The exclusion of land identified as 130-138 Moppa Road South, Nuriootpa (CT:5320/638) from consideration as part of the DPA – one (1) submission requested that this land be rezoned from Primary Production to Residential;

(d) Provisions and exclusion of re-zoning land within the Character Preservation (Barossa Valley) Act 2012 ‘District’;

(e) SA Water infrastructure capacity and augmentation. A report on each submission (summary, comments, and action taken in response to each submission) is included in Attachment A. Agency Submissions Five (5) responses were received from agencies. Key issues raised in the responses are summarised as follows:

(a) Policy content and the intent of the separation areas shown on Concept Plan Map Lig/2 – Samuel Road Industry;

(b) Public notification categories applying to the Industry (BVR) Zone and the inclusion of policy which permits activities to occur within the separation areas;

(c) Policy description within proposed Precinct 41 – Samuel Road Effluent Disposal Lagoons and reference to established industrial development located outside the precinct;

(d) Policy expression within the Industry (BVR) Zone and Primary Production Zone non-complying tables.

Review of Submissions and Public Meeting Copies of all submissions were made available for public review from 13 May 2015 to 22 May 2015 on the Council’s website and at the Council offices. One (1) submitter requested to be heard, and a public meeting was held on 21 May 2015. A copy of the proceedings and a summary of verbal submissions made at the public meeting are included in Attachment B.

Additional Matters and Investigations Amendments to the DPA proposed through the Summary of Submissions process are of a ‘fine-tuning’ nature and did not require additional investigations, but additional clarifications were sought to confirm that the matters raised in the submissions were properly addressed.

Timeframe Report A summary of the timeframe of the DPA process relative to the agreed Statement of Intent timetable is located at Attachment C. Progression of the DPA has largely been in accordance with the agreed timeframes, however it is recognised that delays have occurred in the SCPA stage. Delay(s) occurred as Council sought to evaluate the information provided in the submissions to assess how any changes may impact on policy content generally.




SCPA Report

3

CEO’s Certification The consultation process has been conducted and the final amendment prepared in accordance with the requirements of the Act and Regulations as confirmed by the CEO’s Certifications provided in Attachment D (Schedule 4A Certificate) and Attachment E (Schedule 4B Certificate).

Summary of Recommended Changes to the Amendment following Consultation The following is a summary of the changes recommended to the Amendment following consultation and in response to public submissions and/or agency comments:

Precinct 11 – Samuel Road

(a) PDC 37 - Update PDC 37 to clearly identify ‘service trade premises’ as an appropriate use within the low impact area of Precinct 11 – Samuel Road.

(b) PDC 39 – Update PDC 39 to provide greater clarity on the types of uses considered appropriate within the Separation Areas shown on Concept Plan Lig/2 – Samuel Road Industry – (Nuriootpa).

Non-Complying List

(a) Primary Production Zone –

(i) Correct reference to ‘Part Section 569, Hundred of Belvidere’ under ‘waste reception, storage, treatment or disposal’ to cite ‘Part Section 69, Hundred of Belvidere’.

(ii) Insert additional clarification under ‘waste reception, storage, treatment or disposal’ within point (e) to reference the adjacent Industry Zone.

(b) Industry (Barossa Valley Region) Zone – Update the list of exceptions within the table to ensure clear and consistent policy expression is provided.

Public Notification Table

(a) Industry (Barossa Valley Region) Zone –

(i) Update and amend the Public Notification table to emphasise those land uses identified as Category 1 where the site is located outside of the separation areas;

(ii) Remove reference to land uses occurring within the separation areas from identification as ‘Category

2’ as these forms of development are managed via Schedule 9 of the Development Regulations 2008.

(iii) Insert reference to ‘Service Trade Premises’ as a ‘Category 2’ form of development where occurring

within the separation areas.

Precinct 41 – Samuel Road Effluent Disposal Lagoons

(a) PDC 23 – Insert additional clarification within PDC 23 to reference the adjacent Industry Zone.

(b) PDC 26 – Update PDC 26 to remove reference to the Samuel Road frontage to ensure screening vegetation on the allotments is generally maintained.



Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment SCPA Report

4

Mapping

(a) Concept Plan Map Lig/2 – Samuel Road Industry – Amend this Concept Plan to reduce the proposed Separation Area to the north-west side of Samuel Road, Nuriootpa (CT:5443/286) from 50m to 25m.

(b) Concept Plan Map Lig/12 – Samuel Road Effluent Disposal Lagoons – Update this Concept Plan to identify the existing screening vegetation strip located to the northern boundary of 58 Liebig Road, Nuriootpa (CT:6123/928).




Attachment A — Summary and Response to Public Submissions

5

Attachment A – Summary and Response to Public Submissions

Report on each public submission received (including summary, comments and action taken in response) PUBLIC SUBMISSIONS PUBLIC SUBMISSIONS No. Date

received Respondent Verbal

Sub. to Council

Summary of Submission Comment Recommended Action(s)

1. 19/3/2015 Jenny & Trevor Diener 85B Tolley Road NURIOOTPA SA 5355 By Email: [email protected]

No This submission: • Notes that the rezoning will not have a negative

impact upon lifestyle and pleased that any industry development occurring on the Schmidt land will include a buffer along the boundaries.

Noted.

No change to DPA.

2. 23/3/2015 Matthew & Maree Evans 99 Tolley Road NURIOOTPA SA 5355 By Email: [email protected]

No This submission: • Supports the proposed changes

Noted.

No change to DPA

3. 25/3/2015 Roy Blight Chief Executive Officer Clare and Gilbert Valleys Council 4 Gleeson Street CLARE SA 5453

No This submission: • No comment

Noted.

No change to DPA.

4. 31/3/2015 Geoff Parsons Acting Director – Development & Environmental Services Mid Murray Council PO Box 28 MANNUM SA 5238

No This submission: • No comment.

Noted.

No change to DPA.

5. 2/4/2015 Greg Tucker Planning Pty Ltd -obo- NW & BD Schmidt Transport Pty Ltd PO Box 414 ANGASTON SA 5353

No This submission: • Relates to Lot 2 in DP21938 (CT:5443/286)

“Schmidt Land”.

Noted.

No change to DPA.





Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment Attachment A — Summary and Response to Public Submissions

6

• Notes support of the DPA’s intent to rezone the land Industry (BVR) Zone, however highlights concern about the extent of the separation area adjoining the western boundary (50 metres proposed). Requests Council considers the need for the 50 metre separation area shown on proposed Concept Plan Lig/12, and if deemed necessary, request that the separation distance be reduced to 25 metres, citing the following justification:

Sensitive Development on Adjoining Sites • The submission highlights that there are two (2)

dwellings located within proximity of the site which has a history of use as a road transport terminal and operation without complaints or objections.

• Notes that there is existing vegetation on both the subject land and land to the immediate north and west which assists in screening future development occurring on the Schmidt property.

Potential Uses of the Site • Highlights the analysis of ‘Existing Interface’ and

‘Interface Control Measures’ provided within the Statement of Investigations. Notes that, in their opinion Council is assuming that the Schmidt land would be developed in a manner similar to the use undertaken by Tarac Technologies. Notes that the Tarac Technologies land use could only be defined as ‘General Industry’ due to the nature of its operation and comment that the proposed policy amendments affecting the Schmidt land (Precinct 11) provide for a low impact use only. Those uses envisaged on this land will not have any of the adverse environmental impacts that Tarac Technologies has. As such, considers the interface management policies to be inappropriate and unnecessary.

Topography of the Site

Understood. A response to each specific point is provided below which confirms that Council is accepting of the proposal to reduce the western (rear) separation area from 50m to 25m. This amendment recognises the land uses envisaged on the site, the characteristics of the property, the introduction of a ‘low impact area’ and finally the non-complying controls implemented via the DPA. The reduction in separation area to this boundary is not anticipated to create a significant impact. Acknowledged. The previous use of the site is understood to have been for transport purposes which ceased operations in approximately 2007. The history of complaints arising from the previous use of the land is unknown; however it is important for any new development to be undertaken in a manner which recognises the mixed use nature of the locality. Agree. There is a mix of vegetation occupying land within the locality which will assist in limiting certain elements of future development occurring on the land. Disagree. Reference within the DPA relates to interface matters generally. Whilst acknowledged that there is discussion around the existing interface which is characterised by Tarac Technologies (general industry), the Statement of Investigations makes reference to the relevance of utilising precinct controls and a Concept Plan to manage the likely impact of development occurring on the Schmidt land with surrounding sensitive land uses. The controls proposed will ensure that sensitive land uses are protected whilst providing options for the development of the Schmidt land which are currently not afforded by virtue of the lands zoning.

Amend proposed Concept Plan Lig/2 to reduce western (rear) separation area from 50m to 25m. Update discussed above. Update discussed above. Update discussed above.





7

• The submission notes that the site has been excavated and planted with trees in order to comply with the previous use of the land as a road transport terminal. This has resulted in an area of some 4550m2 suitable for development to the rear of the site. The submission highlights that an application to develop the site as a ‘transport depot’ was lodged in 2009, deemed non-complying and did not proceed. A copy of the block plan and site plan is included as part of the submission which shows the proposed location of this development and the level of cut that has previously occurred. Considers that the difference in levels and additional landscaping will assist in minimising any potential impacts to adjoining sensitive land uses.

Climatic Conditions • The submission highlights that the prevailing winds

are generally from the west or south-west which would result in potential noise or odour from a low impact use being directed away from a sensitive use to the north and west.

Existing Landscaping of the site and adjoining land • Highlights that there is considerable existing

vegetation on the Schmidt land as well as on adjoining sites. Together vegetation will minimise any adverse impacts, which are unlikely if the Schmidt land is developed for low impact development as envisaged.

Other Acoustic Measures • The submission notes discussion within the DPA

relating to possible methods to minimise adverse impacts on sensitive land uses, other than lateral separation, listing a number of these methods. Highlights that there is no lateral separation distances prescribed by the DPA or within the Development Plan for the land within Area 2 (Falland land) even though this adjoins sensitive land uses. Considers that provisions contained within the DPA together with existing provisions in the Development Plan are appropriate to manage interface conflict, and therefore it is not necessary to

Noted. A site inspection confirms that the site has been excavated previously and comprises a mix of both remnant and planted vegetation. It is acknowledged that the characteristics of the allotment may assist in mitigating the impact of development to sensitive land uses. Noted. Acknowledged. The locality comprises a mix of vegetation types and densities. The use of vegetation is just one mechanism for managing potential interface issues. Understood. It is noted that development occurring on the John Falland site is existing and its expansion is largely limited by virtue of the sites size and characteristics. Interface control measures are afforded via existing Development Plan policy, and any further development of this land will need to consider potential interface issues which may arise. The lateral separation area proposed through the DPA is not considered a significant imposition and represents best practice planning. The site is currently vacant and the policy approach proposed recognises the likely nature of future development on the site, striking a balance between the interests of both

Update discussed above. Update discussed above. Update discussed above. Update discussed above.




8

show a lateral separation distance on a Concept Plan.

residential industrial land uses. A further review of the proposed separation area widths and the anticipated land uses was undertaken and for the reasons listed in the submission, Council considers there to be merit in reducing the rear separation area from 50m to 25m.

6. 20/4/2015 Ian Mader 145 Tolley Road NURIOOTPA SA 5355 By Email: [email protected]

No This submission provides a response which addresses the proposed introduction of Precinct 41 – Samuel Road Effluent Disposal Lagoons and the associated Concept Plan: • Notes the intent of the DPA to introduce a new

Precinct and Concept Plan within the Primary Production Zone (BVR Policy Area 2) for the purpose of facilitating ongoing development of wastewater treatment and disposal.

• Highlights the provisions contained within the proposed Precinct and Concept Plan which seek to retain the land for effluent disposal, whilst recognising the open and rural landscape and limit access to Samuel Road. The Concept Plan seeks to retain areas of both native and existing vegetation to screen the development.

• Comments that there appears to be no reference in

the existing Development Plan to the BVR Policy Area 2.

• Understands and supports the general intent of Precinct 41 and the associated Concept Plan. Requests a number of minor changes and additions, namely:

Amendment 5 • Notes that amendment 5 within the Amendment

Instructions table should reference to the Precinct provisions being inserted after PDC 27.

Noted. Noted. Noted. Reference within the Development Plan to ‘BVR Policy Area 2’ relates to an existing Primary Production Zone Policy Area and is more accurately described as Barossa Valley Region Policy Area 2. This Policy Area can be located as a sub-set to the Primary Production Zone on page 153 of the Development Plan. Noted and discussed below. Disagree. It is believed that the submission is referring to insertion of Precinct provisions after PDC 27 of the Industry (BVR) Zone. It is noted that the Precinct controls to be introduced as Precinct 41 – Samuel Road Effluent Disposal Lagoons relate specifically to land uses occurring in the Primary Production (Industry

No change to DPA. No change to DPA. No change to DPA. No change to DPA. No change to DPA.






9

Attachment D – Precinct 41 • Recommends inserting an additional PDC to read

“Native vegetation and screening should be established along the northern boundary of the Precinct to minimise potential adverse impacts associated with the operation of wastewater treatment facilities (visual/ noise/ irrigation/ odour/ dust) to surrounding rural activities.”

Amendment 14 – Concept Plan Lig/12 • Notes that there is an existing strip of vegetation

(approx. 20m wide) along the northern boundary of the precinct and suggests the inclusion of this vegetation as a screen/buffer within the Concept Plan.

BVR) Zone. Its location and reference is therefore considered correct. Noted. Both current and proposed Development Plan policy recognises the need to protect native vegetation and screening vegetation. The management of activities occurring on the land is provided through existing policy content and via a separate EPA licence process. There is merit in amending proposed PDC 26 to have a broader interpretation. Understood. A review of aerial photography identifies a strip of established vegetation along the majority of the northern boundary of 58 Liebig Road (Lot 606 in F173697). The inclusion of this vegetation on the Concept Plan is considered warranted.

Update PDC 26 to read as follows: ‘Existing screening vegetation and areas of native vegetation should be retained.’ Update proposed Concept Plan Lig/12 to show the strip of vegetation to the northern boundary of 58 Liebig Road (Lot 606 in F173697).

7 29/4/2015 Graham Burns MasterPlan SA Pty Ltd 33 Carrington Street ADELAIDE SA 5000 On behalf of LVS Admin Pty Ltd

Yes This submission relates to the property described as 130-138 Moppa Road South, Nuriootpa (Lot 12 in DP1931) in CT: 5320/638:

• Notes that the allotment is in the same locality as

land subject to the DPA, in particular Area 2 (Moppa Road South) which is subject to rezoning.

• Requests that Lot 12 be rezoned from Primary

Production (BVR) Zone to Residential Zone and considers it logical to include that land identified as Neil Avenue within this re-zoning. The submission cites that this change would address an anomaly in zoning and be consistent with Council’s previous decisions. Highlights that numerous submissions have been made to Council on behalf of their client since 2008 which identified the zoning irregularity (documents included as part of the submission). Notes that a Nuriootpa West Planning Review was undertaken in 2010 which examined properties within the wider locality of their clients land.

Agreed. The subject allotment is located to the immediate south that land identified as Area 2 for the purposes of the DPA. Understood. Council officers are aware of the desire of the land owner to re-zone their land to residential, having considered the previous submissions as part of Council’s Strategic Directions Report process (December 2012), and sought to petition the exclusion of the entire Nuriootpa west area from the Character Preservation District to allow a holistic review to be undertaken. Unfortunately, this request was unsuccessful and Lot 12 is now identified as being within the ‘District’. Given the limitations presented by the introduction of the Character Preservation (Barossa Valley) Act 2012, Council focused its efforts on delivering a targeted Nuriootpa West (Industry BVR Zone) DPA. The intent of this DPA is clear, with a focus on rectifying industrial

No change to DPA. No change to DPA.




10

• Notes that it is disappointing that in Section 3.2.4 the DPA made reference to the Nuriootpa West Planning Review (as a ‘previous study’), however this document was not acknowledged in the References/Bibliography section of the DPA.

• Highlights that discussion included as Section 3.2.4 of the Analysis included reference to their clients land and the previous study undertaken which sought to highlight the merits of rezoning the subject land residential. The submission notes that this discussion failed to mention that there was no Character Preservation legislation or provisions within the Development Plan at the time of preparing the ‘Nuriootpa West Planning Review’ to cause inconsistency with the Act.

• States that Council agreed to review the subject

land and other land in the surrounding locality resulting from work undertaken since 2008.

• Notes that the proposal to rezone land for industrial purposes as part of the DPA appears to have been supported by DPTI, and notes reference in the DPA

zoning anomalies and an absence of residential zone considerations. This approach was endorsed by the Minister for Planning. Noted. Reference within the DPA was limited to acknowledging a review had been undertaken previously. As the DPA did not utilise this review as the basis of any investigations it was not included as a reference. Agreed. The Character Preservation (Barossa Valley) Act 2012 and final Development Plan policy was enacted on 18/1/2013. The discussion forming Section 3.2.4 was intended to provide an overview of the information received as part of the preliminary consultation. The date and previous legislative arrangements is not considered relevant to the current DPA. Agree in principle. Council, through its 2009 Section 30 Review recognised a need to consider land use and zoning anomalies and potential rezoning of selected areas to the north and west of Nuriootpa. This study was identified as a ‘medium’ priority. A review of this nature was again noted in Council’s 2012 Strategic Directions Report (SDR) as a ‘high’ priority. Discussion within the 2012 document makes specific reference to obtaining clarifying information from the Department of Planning, Transport and Infrastructure in relation to the Character Preservation Legislation. It is noted that ratification of the Act occurred less than one (1) month after the SDR was endorsed by Council’s Elected Body. The constraints posed by the Act on land division for residential purposes are discussed below. Acknowledged. Council sought comment from the DPTI as a pre-cursor to commencing detailed investigations. The DPA was advanced on the information received from the Department.

No change to DPA. No change to DPA. No change to DPA. No change to DPA.





11

to the Character Preservation legislation not precluding the rezoning of land within the ‘District’ for industrial purposes.

• Suggests that the provisions of the Character

Preservation (Barossa Valley) Act 2012 (the ‘Act’) do not preclude their client’s land, or any land in the ‘District’ from being rezoned for residential purposes. Highlight that the rezoning of both areas would be consistent with the objectives of the Act.

• Highlights that Council should request the Minister for Planning, as a matter of urgency, to review the Act, at least insofar as it applies to the Nuriootpa West area, or alternatively suspend the DPA until such time as the Minister has concluded a review of the Act.

Noted. Council must, when undertaking a DPA, consider the intended outcome of an amendment. Council must ensure that land subject to rezoning is fit-for-purpose and policy setting for land can be implemented. In this instance, a proposal to rezone Lot 12 to Residential Zone is not considered fit-for-purpose given the limitations of Section 8 (5) of the Character Preservation (Barossa Valley) Act 2012 which specifies that a relevant authority must refuse to grant development authorisation in relation to the proposed development…which will create additional allotments to be used, for residential development. Noted. Council recognises the requirements of Section 10(1) of the Act as they relate to the Minister undertaking a review. It is not considered prudent to suspend the DPA until the conclusion of a review given the agreed Statement of Intent and the narrow focus of the DPA to review industrial land within the Nuriootpa West locality. Furthermore, Council notes that previous submissions were made to the State Government during the preparation of the Character Preservation (Barossa Valley) Act that recommended excluding a defined section of the Nuriootpa West area from the Character Preservation District in order to allow for proposed policy amendments to first be completed. This unfortunately was not supported by the State at that time. It is noted that, in the event of a future review of the Act recommended modification to the District that would be needed to support the direction of this submission, a further subsequent DPA could be considered at the appropriate time once the required changes to the District have been made.


8 6/5/2015 Paul Mickan Principal Planner The Barossa Council PO Box 867 NURIOOTPA SA 5355 By email: [email protected]

No This submission: • No comment.

Noted.

No change to DPA.

9 12/5/2015 John Ringham Chief Executive South Australian Water

No This submission: • Notes previous comments provided in January 2014

and highlights that SA Water provides water

Noted. This information has been utilised during the

No change to DPA.





12

Corporation GPO Box 1751 ADELAIDE SA 5001

services to the Nuriootpa township with an existing main running along Moppa Road and Samuel Road ending approx. 500m south of the intersection with Tolley Road.

• Comments that SA Waters water network can be extended /augmented to service the subject land (should it need to be) and notes that SA Water does not provide wastewater services to the Nuriootpa township.

SA Water Planning • Notes that information contained in the DPA

regarding future rezoning and development will be incorporated in SA Water’s long-term strategic water planning process.

Protection of Source Water • Notes that development/s shall have no deleterious

effects on the quality or quantity of source water, or the natural environments that rely on this water, citing a number of conditions relating to protection of source waters.

Provision of Infrastructure • Notes the process for water connections needing

extension of the SA Water network. Trade Waste Discharge Agreements • Highlights that any industrial or commercial

developments that are connected to the SA Waters wastewaster system will be required to seek authorisation to permit the discharge of trade waste.

preparation of the DPA document. Noted. A review of Council’s GIS system confirms that SA Water services extend to provide connection to all properties affected by the DPA and zoned (or proposed to be zoned) Industry (BVR). Acknowledged. Agree. The DPA does not propose significant areas of land to be rezoned for development purposes. The impact of development/s will be considered as a development assessment stage. Noted. Extension and connection to the SA Water system is a matter for consideration at a development application stage. Acknowledged. It is noted that correspondence confirms that SA Water wastewater services are unavailable in Nuriootpa.

No change to DPA. No change to DPA. No change to DPA. No change to DPA. No change to DPA.




Attachment B – Summary and Response to Public Meeting Submissions

13


One (1) submitter requested to be heard, and therefore a public meeting was held on 21 May 2015.



Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment Attachment B – Summary and Response to public Meeting Submissions

14

Public Hearing, 21 May 2015

6:00pm at the Kapunda Council Chambers

RE: NURIOOTPA WEST (INDUSTRY BVR ZONE) DEVELOPMENT PLAN AMENDMENT Present

Bill O’Brien Mayor Cr Lynette Reichstein Light Ward Cr Sharron Lewis Laucke Ward Cr Keith Ellis Mudla Wirra Ward Cr Deane Rohrlach Dutton Ward Mr Craig Doyle General Manager – Strategy& Development Mr Andrew Chown Principal Project Planner Mr Graham Burns Master Plan –obo- LVS Admin Pty Ltd Mr Neville Linke LVS Admin Pty Ltd Apologies The Public Hearing commenced at 6:00pm. Mayor Bill O’Brien welcomed everyone present and provided a background to the DPA and its process, before inviting Mr Graham Burns to address the Council representatives.

1) Mr Graham Burns (Master Plan), representing LVS Admin Pty Ltd:

• Began by noting his client’s property as Allotment 12 in DP1931 which is located in vicinity of the DPA area to the west of Nuriootpa. The land in question is bordered to the east and south by roads, Neil Avenue residential enclave to the west and John Falland industries to the north.

• Notes that the site comprises vines and is land locked by residential type uses.

• Mr Burns does not object to the DPA, however considers the zoning of his client’s land to be an anomaly and it makes sense to review this parcel, along with those parcels forming the residential enclave of Neil Avenue, and re-zone this area Residential.

• Notes Master Plan has represented LVS Admin Pty Ltd for some 6-7 years and in this time a number of submissions have been put to Council on the matter of zoning.

• Mr Burns notes that two (2) separate submissions were made to Council’s Strategic Directions Report (Section 30) review processes occurring in 2009 & 2012 respectively.

• Through this process, Council agreed that a proposal to review land to the west of Nuriootpa had merit and agreed to proceed with investigations for a Developer Funded DPA.





15

• Noted that in 2012 the Minister for Planning established the Character Preservation Legislation which resulted in the subject land being sited within the Character Preservation ‘District’. Mr Burns continued, noting that in his opinion, rezoning land Residential was not at contravention to the Act.

• Mr Burns considers the zoning of his client’s land to be an anomaly which is deserving of equal recognition as those being considered as part of the DPA, requesting Council to make a case to the Minister that the subject land be included in the DPA, arguing that there is a stronger case for inclusion of this land over current land proposed to be rezoned as part of the DPA.

• Highlights that consideration of the subject allotment and those lots forming Neil Avenue (subject to an existing effluent disposal issue) provides for orderly planning and cures zoning anomalies. A rezoning would provide for an orderly and economic development opportunity for existing effluent issues at Neil Avenue.

• Mr Burns mentioned awareness of the Samuel Road roundabout project which affects his client’s land and notes a reluctance to enter into discussions with Council unless there is a trade-off.

• Mentioned the late Professor Hugo’s research regarding a short fall of residential land in Nuriootpa.

• Requested LRC consider inclusion of the subject land within the DPA.

• Concluded by highlighting that the Minister for Planning has a responsibility to review the Character preservation (Barossa Valley) Act 2012 and therefore has the ability to, and should undertake this review.

Questions were asked by Elected Members 1. Cr Reichstein asked whether Mr Burns had considered approaching the Minister for Planning regarding the

Character Preservation Legislation matters?

Mr Burns noted that they had made many submissions to the Minister, which included one prior to the Character Preservation Legislation being enacted. This has included discussions with the Minister’s officers. No correspondence was received from the Ministers office regarding any submissions made. Closing Mayor O’Brien thanked Mr Burns for speaking and Mr Linke for his attendance, noting that Council wants a positive outcome and committed that Council would consider the information put forward as part of the next steps of the DPA. The hearing closed at 6:14pm



Light Regional Council Nuriootpa West (Industry BVR Zone) Development Plan Amendment Attachment D — SCPA Timeframe Report: Process B – without consultation approval / 1 Step

16

Attachment C – Timeframe Report

SCPA Timeframe Report: Process B – without consultation approval / 1 Step

The SOI was agreed by the Minister and Council on 21 January 2014. Agreement on an amended timetable was reached on 5 January 2015. Key steps Period agreed to in SOI Actual time taken Reason for

difference (if applicable)

Investigations conducted and DPA prepared

14 weeks (from 27th November 2014)

15 weeks N/A

Agency and public consultation period (report on any delays incurred by agencies

8 weeks 9 weeks The additional week takes into account public holidays and provides additional opportunity for comment.

Public Hearing held, submissions summarised and DPA amended in accordance with Council’s assessment of submissions. Summary of Consultations and Proposed Amendments submitted to Minister for approval.

8 weeks 15 weeks *see below

*The delay occurred for a number of reasons, in particular Council’s desire to ensure that the matters raised during the consultation process were appropriately considered.




Attachment D — Schedule 4A Certificate

17

Attachment D – Schedule 4A Certificate






Attachment E — Schedule 4B Certificate

19

Attachment E – Schedule 4B Certificate

Schedule 4B—Certificate—section 25(14)(b) Certificate of chief executive officer that an amendment to a Development Plan is suitable for approval I, "Full name of CEO" , as Chief Executive Officer of "Insert name of the Council" , certify, in relation to the proposed amendment or amendments to "Insert title of Development Plan" as last consolidated on "Insert current consolidation date" , referred to in the report accompanying this certificate—

(a) that the Council has complied with the requirements of section 25 of the Development Act 1993 and that the amendment or amendments are in a correct and appropriate form; and

(b) in relation to any alteration to the amendment or amendments recommended by the Council in its report under section 25(13)(a) of the Act, that the amendment or amendments (as altered)—

(i) accord with the Planning Strategy, on the basis that each relevant provision of the Planning Strategy that relates to the amendment or amendments has been specifically identified and addressed, including by an assessment of the impacts of each policy reflected in the amendment or amendments against the Planning Strategy, and on the basis that any policy which does not fully or in part accord with the Planning Strategy has been specifically identified and an explanation setting out the reason or reasons for the departure from the Planning Strategy has been included in the report of the Council; and

(ii) accord with the other parts of the Development Plan (being those parts not affected by the amendment or amendments); and

(iii) complement the policies in the Development Plans for adjoining areas; and

(iv) satisfy the other matters (if any) prescribed under section 25(14)(b)(ii) of the Development Act 1993; and

(c) that the report by the Council sets out a comprehensive statement of the reasons for any failure to complying with any time set for any relevant step under section 25 of the Act; and

(d) that the following person or persons have provided professional advice to the Council for the purposes of section 25(13)(a) of the Act:

Date:

....................................................................................

Chief Executive Officer





21

Attachment F – Additional Matters and Investigations

Attached is an updated ‘Amendment’ document. This document details the amendments made as a result of Public and Agency consultation which amount to ‘fine-tuning’ of the final document. Given the nature of the amendments, no additional investigations were considered necessary.



Nuriootpa West (Industry BVR Zone) DPA – Version 1 for Consultation



The Amendment

For Consultation

APPENDIX COUNCIL 13.4C-25AUGUST2015 PAGE 1






Name of Local Government Area: Light Regional Council Name of Development Plan: Light Regional Council Development Plan Name of DPA: Nuriootpa West (Industry BVR Zone) DPA The following amendment instructions (at the time of drafting) relate to the Council Development Plan consolidated on 18 December 2014. Where amendments to this Development Plan have been authorised after the aforementioned consolidation date, consequential changes to the following amendment instructions will be made as necessary to give effect to this amendment.

Am

endm

ent I

nstr

uctio

n N

umbe

r Method of Change Replace Delete Insert

Detail what is to be replaced or deleted or detail where new policy is to be inserted. Objective (Obj) Principle of Development

Control (PDC) Desired Character

Statement (DCS) Map/Table No. Other (Specify)

Detail what material is to be inserted (if applicable, i.e., use for Insert or Replace methods of change only).

Is R

enum

berin

g re

quire

d (Y

/N)

Subsequent Policy cross-references requiring update (Y/N) if yes please specify.

COUNCIL WIDE / GENERAL SECTION PROVISIONS (including figures and illustrations contained in the text) Amendments required (Yes/No): No ZONE AND/OR POLICY AREA AND/OR PRECINCT PROVISIONS (including figures and illustrations contained in the text) Amendments required (Yes/No): Yes Industry (Barossa Valley Region) Zone 1. Replace The contents of Precinct 11

Samuel Road With the content of Attachment A

No No

2. Replace The Non-Complying list With the content of Attachment B

No No

3. Replace Public Notification Table With the content of Attachment C

No No

Primary Production Zone – Barossa Valley Region Policy Area 2 4. Insert After ‘diversification of

existing farming…’within PDC 1

The following reference: ‘Waste reception, storage, treatment or disposal where it is located within Precinct 41 – Samuel Road Effluent Disposal Lagoons

No No

5. Insert After PDC 21 The contents of Attachment D

6. Replace Within the non-complying table reference to ‘Waste reception, storage, treatment or disposal’

With the contents of Attachment E






TABLES Amendments Required (Yes/No): Yes 7. Replace Table Lig/6 – Infill

Development Sites With the contents of Attachment F

No No

MAPPING (Structure Plans, Overlays, Enlargements, Zone Maps, Policy Area & Precinct Maps) Amendments required (Yes/No): Yes Map Reference Table 8. Insert Precinct Maps After Precinct 40 Roseworthy

Centre: Precinct 41 Samuel Road Effluent Disposal Lagoons

No No

9. Insert After reference to Concept Plan Map Lig/11 – Flood Risk Area

Reference to Concept Plan Map Lig/12 – Samuel Road Effluent Disposal Lagoons

No No

Map(s) 10. Replace Zone Map Lig/16 With the contents of

Attachment G No No

11. Replace Policy Area Map Lig/16 With the contents of Attachment H

No No

12. Replace Precinct Map Lig/16 With the contents of Attachment I

No No

13. Replace Concept Plan Map Lig/2 Samuel Road Industry (Nuriootpa)

The contents of Attachment J No No

14. Insert After Concept Plan Map Lig/11

The contents of Attachment K

No No




5 Nuriootpa West (Industry BVR Zone) DPA – Version 1 for Consultation

Attachment A

Replace the contents of Precinct 11 Samuel Road with the content of this attachment.





Precinct 11 Samuel Road 36 Development in the precinct should comprise of larger scale industrial activities, except in the low

impact area of the precinct as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa).

37 Development occurring in the low impact area shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) should be for light industry, service industry, service trade premises, warehousing, storage and distribution.

18 Development in the precinct should be undertaken in accordance with Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa).

39 Activities occurring within the separation areas identified on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) should be of a low-impact nature directly related with an approved use and not generate noise, dust or odour beyond the precinct.

40 Land division within the precinct should facilitate the retention of existing lines of established trees to maintain the landscape character and buffering effects of these trees.

41 Screening vegetation should be established and maintained to provide an adequate buffer to surrounding sensitive uses.





Attachment B

Replace the non-complying development list of the Industry (Barossa Valley Region) Zone with:




Attachment B



All forms of development Complying Development as prescribed in schedule 4 of the Development Regulations 2008.

Advertisement

Advertising hoarding

Bus depot except where it is located outsidein the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Carport

Deck

Dwelling where it achieves (a) and (b): (a) it is ancillary to and in association with an industrial or


Farming

Farm building

Fence

Fuel depot except where it is located outside in the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

General industry except where it is located outside in the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Horse keeping

Land division

Light industry


Office where it achieves (a) and (b): (a) it is ancillary to and in association with an industrial or


Outbuilding

Pergola

Public service depot except where it is located in the low impact area within Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Road transport terminal except where it is located outside in the low impact area ofwithin Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Service industry

Service trade premises




Attachment B



Shade Sail

Shop or group of shops where the total gross leasable area is less than 250 square metres

Solar photovoltaic panels

Store

Timber yard except where it is located outside in the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Truck parking

Verandah

Viticulture

Warehouse

Wastewater treatment and disposal system, including additions and/or alterations, associated with an existing or approved development, except where it is located outside in the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

Winery except where it is located outside in the low impact area within of Precinct 11 Samuel Road as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa) that involves processing grapes or grape product of at least 30 tonnes crush per annum, and at least one of the following activities: (a) 4 hectares of vineyard (b) grape crushing (c) fermenting of grape product.




Attachment C


Attachment C

Replace the content of the Public Notification table of the Industry (Barossa Valley Region) Zone with the contents of this Attachment.




Attachment C


Public Notification Categories of public notification are prescribed in Schedule 9 of the Development Regulations 2008. Further, the following forms of development (except where the development is non-complying) are designated: Category 1 Category 2

Advertisement and or advertising hoarding Bus depot

Land division Demolition of a local heritage palce listed in Table Lig/8 - Local Heritage Places

The following forms of development, except where the site is they are located within outside the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(a) light industry (b) service industry (c) service trade premises (d) store (e) warehouse.

Dwelling where it achieves (a) and (b): (a) it is ancillary to and in association with an

industrial or commercial land use (b) it is located on the same allotment.

Farming

Fuel depot

General industry

Horse keeping

Minor public service depot

Winery where it achieves (a) and (b): (a) it is located within Precinct 11 and outside

of the low impact area and ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(b) it involves processing grapes or grape product not more than 500 tonnes crush per annum.


Road transport terminal

The following forms of development, where they are located within the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa):

(a) light industry (b) service trade premises (c) store (d) timber yard (e) warehouse.

Service Trade Premises where located within the ‘Separation Areas’ as shown in Concept Plan Map Lig/2 – Samuel Road Industry – (Nuriootpa).

Viticulture

Winery where it achieves (a) or (b): (a) it is located within Precinct 11 and outside

of the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa)

(b) it involves processing grapes or grape product of more than 500 tonnes crush per annum.

Comment [AC1]: These land uses are picked up in Schedule 9 (Clause 6) as Category 2 (adjoining different zone)

Comment [AC2]: Inserted as this land use not included in Schedule 9.




Attachment C





Attachment


Attachment D

After PDC 21 within the Primary Production Zone – Barossa Valley Region Policy Area 2, insert the content of this attachment




Attachment


PRECINCT 41 SAMUEL ROAD EFFLUENT DISPOSAL LAGOONS 22 Development in the precinct should be undertaken in accordance with the Concept Plan Map Lig/12 –

Samuel Road Effluent Disposal Lagoons. 23 Development in the precinct should be primarily for effluent disposal lagoons including irrigation areas

and related infrastructure associated with established industrial development located in the adjacent Industry Zone.

24 Development within the precinct should ensure that the open rural landscape character is maintained

and enhanced. 25 New access points to Samuel Road should be minimised. 26 Existing screening vegetation to the Samuel Road frontage and areas of native vegetation should be

retained.




Attachment


Attachment E

Replace ‘Waste reception, storage, treatment or disposal’ within the Primary Production Zone Non-Complying list with the contents of this attachment.




Attachment


Waste reception, storage, treatment or disposal

Except where it achieves one of the following: (a) it is located within the Roseworthy College Policy Area 4 (b) it is located within the Seppeltsfield Winery Policy Area 5 (c) it is located within Part Section 569, Hundred of Belvidere,

Certificate of Title Volume 5676 Folio 198 (d) it involves a wastewater control system (e) it is located within the Precinct 41 Samuel Road Effluent

Disposal Lagoons and is associated with an established industrial activity located in the adjacent Industry Zone.




Attachment


Attachment F

Replace Table Lig/6 – Infill Development Sites with the contents of this attachment




Attachment


Table Lig/6 - Infill Development Sites

The following table of infill development sites applies to the development in the Barossa Valley Region Policy Area 2:

No. Street / Road Name Suburb / Township Allotment No. Hundred CT Volume Folio

1 Stonewell Road Tanunda Lot 2 in F14726 Hundred of Nuriootpa


2 Smyth Road Tanunda Lot 3 in D2060 Hundred of Nuriootpa


3 60 Smyth Road Stone Well Lot 4 in F7336 Hundred of Nuriootpa


4 Hanisch Road Stone Well Lot 844 in F172295



5 Radford Road Seppeltsfield Lot 876 in F173967



6 Sir Condor Laucke Way

Nuriootpa Lot 638 in F173729



7 20 Neil Avenue Nuriootpa Lot 648 in F173739



8 Moppa Road South Nuriootpa Lot 686 in F173777



9 Tolley Road Nuriootpa Lot 626 in F173717






Attachment


Attachment G

Replace Zone Map Lig/16 with the contents of this attachment



Version A 12/12/14

In(BVR)

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Precinct 910111415161941

Moppa Road North IndustryMoppa Road South IndustrySamuel RoadGomersalNuriootpa PlainsHorticultureMarananga Seppeltsfield FringeSamuel Road Effluent Disposal Lagoons






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Version A 23/7/15APPENDIX COUNCIL 13.4C-25AUGUST2015

PAGE 25 AGENDA ITEM COUNCIL 13.4.1


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Concept Plan Map Lig/12SAMUEL ROAD

EFFLUENT DISPOSAL LAGOONS

NURIOOTPA WEST

Version A 23/7/15APPENDIX COUNCIL 13.4C-25AUGUST2015 PAGE 27


SUMMARY OF SUBMISSIONS – NURIOOTPA WEST (INDUSTRY BVR ZONE) DEVELOPMENT PLAN AMENDMENT

AGENCY SUBMISSIONS

AGENCY SUBMISSIONS No. Date


Sub. to Council


1. 1/4/2015 Carolyn Lee Director, Office of the Chief Executive Department of Premier and Cabinet GPO Box 2343 ADELAIDE SA 5001

No This submission acknowledges receipt of the letter.

Noted.

No change to DPA.

2. 1/5/2015

David Lake Manager Planning and Special Projects – Corporate and Government Relations South Australian Tourism Commission GPO Box 1972 ADELAIDE SA 5001 By Email: [email protected]

No This submission: • No objection to the DPA

Noted

No change to DPA.

3. 13/5/2015 Stephen Smith Manager- Planning and Evaluation Adelaide and Mount Lofty Ranges Natural Resources Management Board 205 Greenhill Road, EASTWOOD SA 5063

No This submission: • Acknowledges the intent of the DPA to amend two

(2) long standing zoning anomalies and incorporate policy and zoning updates to support the on-ground situation and recognise the mixed use nature of the locality

Proposed Changes • The NRM Board supports the buffers (Separation

Areas) proposed on Lot 2 in DP21938 (‘Schmidt’ Land).

.

Noted. Noted.


APPENDIX COUNCIL 13.4D-25AUGUST2015 PAGE 1





Sub. to Council


Regional Planning • Notes that the NRM Plan for the Adelaide Mount

Lofty Ranges region takes a landscape approach, considering social and economic influences on natural resource management.

• Highlights that the land is located within the Northern Hills subregion and the DPA should consider the key priorities for this subregion.

• Notes that the land is located within the Barossa Prescribed Water Resources Area for which a Water Allocation Plan exists. Any policy change relating to groundwater or surface water extraction and use will need to be considered.

Noted. Acknowledged. Council officers have reviewed the priorities for this subregion and note the amendments proposed as part of the DPA generally accord with, and work to achieve, these priorities. In particular, the DPA does not propose a significant loss of primary production land and rectifies existing abnormalities in the provision of industry uses. Noted. The DPA does not propose to alter any policy relating to water extraction.

No change to DPA. No change to DPA. No change to DPA.

4. 13/5/2015 Michael Guy Acting Principal Advisor Policy and Projects Science, Assessment and Planning Environment Protection Authority GPO Box 2607 ADELAIDE SA 5001

No This submission: • Highlights the EPA’s intent when reviewing the DPA

is to ensure that all environmental issues within the scope of the objects of the Environment Protection Act 1993 are identified and considered, whilst ensuring that appropriate policy is included in the Development Plan to allow for a thorough environmental assessment at the development application stage.

• The EPA is pleased that the most recent ‘interface between land uses’ module is contained in Council’s Development Plan.

• Highlights that Tarac Technologies is currently

licenced by the EPA under Section 1 of the Environment Protection Act 1993, additional

Noted. Acknowledged. Noted.






Sub. to Council


wastewater lagoons or amendments to Tarac Technologies activities would likely be referred to the EPA. As such, the EPA supports the introduction of Precinct 41 – Samuel Road Effluent Disposal Lagoons, which in turn provides a separation distance from the northern and western boundaries.

Interface between proposed Industrial zoning and existing sensitive uses: • Acknowledges that both areas affected by the DPA

are in close proximity to sensitive uses (residential, nursing home and aged care).

• The EPA supports the introduction of proposed precinct plan for that land utilised by Tarac Technologies for effluent disposal lagoons (Concept Plan Map Lig/12 and Precinct Map Lig/16).

• The EPA supports the intent of the DPA to rezone

the Schmidt property for Industry (BVR) purposes in order to prevent sensitive land uses in close proximity to the existing wastewater lagoons.

Noted. Noted. Noted.


5. 14/5/2015 (Note submission date)

Stuart Moseley General Manager – Information and Strategy Development Division Department of Planning, Transport and Infrastructure GPO Box 1815 ADELAIDE SA 5001

No This submission provides a response which addresses specific elements of the DPA: Area 1 – Northern Allotment (Schmidt Land) • Attachment A - DPTI notes that there appears to be

confusion with proposed policy content and the intent described in the investigations. In particular, proposed PDC 39 (Precinct 11 – Samuel Road) appears to be written to apply to the separation area and not the low impact area. This PDC references activities occurring within the 50 metre and 25 metre buffer areas which should not generate noise, dust or odour beyond the precinct.

Understood. This PDC is a carry-forward from existing policy applying to land operated by Tarac Technologies and has been updated to apply generally across the amended Precinct. The function of these separation areas (buffers) is understood, however it is recognised that some level of activity associated with the operation of land could occur within the separation area in a manner which is not detrimental to neighbouring sensitive uses. Activities such as customer vehicle parking or storage undertaken in a discrete manner

Amend PDC 39 to read as follows: “Activities occurring within the separation areas identified on Concept Plan Map Lig/2 – Samuel Road Industry – (Nuriootpa) should be of a low-impact nature and not generate noise, dust or odour beyond the precinct.”





Sub. to Council


• Attachment C – DPTI Highlights that the public

notification categories for the Industry (BVR) Zone identify land uses as category 2 where they are located within the identified ‘Separation Areas’. It is unlikely that the listed land uses would not have some form of impact offsite and contradicts the purpose of the buffer and its ability to operate effectively. DPTI recommends that policy be updated to prevent in appropriate activities within the ‘Separation Areas’ to ensure the buffer is effective and associated updates be made to the public notification categories to remove reference to any land use within the separation areas and the categories reference the ‘low impact area.’

Area 2 – Southern Allotments (Wastewater Lagoons)

• DPTI notes that PDC 23 within proposed Precinct 41 – Samuel Road Effluent Disposal Lagoons makes reference to ‘established industrial development’ which is located outside the Precinct

could be accommodated, and is supported by an appropriate Concept Plan and policies which require additional screening vegetation to be established. PDC 39 should be updated to emphasise this point. Disagree. Whilst the general intent of a separation area is recognised, it is noted that activities associated with development which are of a minor nature could occur within the separation areas without creating a significant impact beyond the boundary of the properties. The Public Notification Table is a carry forward of existing policy, however it is recognised that a detailed review and further refinement of the Public Notification table is warranted in light of the proposed additions to the zone. The listing of ‘low impact’ uses as Category 1 where located outside of the separation areas provides an exception from Schedule 9 of the Development Regulations 2008 and ensures that the intent of the zone is not undermined. A review of Schedule 9 confirms that, with the addition of Service Trade Premises, the listed uses would be Category 2 where located within the separation areas and provide an opportunity for notification and consultation with adjoining land owners which can be used as part of an assessment process. It is noted that activities occurring within the separation areas is managed through rigorous Development Plan policy. Agree. The interpretation of content within both the precinct and non-complying list would benefit from greater certainty to provide a direct link between effluent disposal and existing industrial activities on adjoining land.

• Update the Category 2 listings

within Attachment C – Public Notification Category to remove the following reference:

The following forms of development, where they are located within the ‘Separation Areas’ as shown on Concept Plan Map Lig/2 - Samuel Road Industry - (Nuriootpa):

(a) light industry (b) service trade premises (c) store (d) timber yard (e) warehouse

• Insert the following within the

Category 2 listing: ‘Service Trade Premises where located within the Separation Areas as shown in Concept Plan Map Lig/2 – Samuel Road Industry – (Nuriootpa)’

Update PDC 23 to read as follows: ‘Development in the precinct should be primarily for effluent disposal lagoons including irrigation areas and related infrastructure associated with





Sub. to Council


and in a different zone; however this is not clearly stated. Recommend an update to both policy content and the Primary Production Zone non-complying list to reference the ‘established industrial development’ as being within located in the adjacent Industry Zone.

Policy Expression - Non-Complying Tables • The DPTI notes that the wording for the new

exceptions within the Industry (Barossa Valley Region) Zone creates a double-negative. Recommend reword the relevant exceptions within the table to remove this error.

Agree. The wording of the non-complying list warrants amendment.

established industrial development located in the adjacent Industry Zone. Update point (e) within the non-complying list to read as follows: ‘(e) it is located within Precinct 41 – Samuel Road Effluent Disposal Lagoons and is associated with an established industrial activity located in the adjacent Industry Zone. Update the exceptions within the non-complying list to remove the double negative.



Lot 140 St Kilda Drive

Hansborough 5374

3' August 201.5

Light Regional council

Kapunda

5373

Dear Sir/Madam

We have recently purchased Lot 140 St Kilda Drive Hansborough. With the rain this week we havefound access to our property dangerous and impassable in a 2 wheel drive vehicle. The four wheeldrive vehicles are further destroying this road. As we both work we require the use of the road,

In the interest of our safety and duty of care to the community and people visiting could councilplease put a strip of metal from Ben Loinond Road to our gate?

We appreciate council's time and finances but we are ratepayers and a strip of metal to provideaccessible and a safe road to our home is not an unreasonable request.

Yours sincerely

Ann Rowett and Bradley Hancock



(Should the space provided above riot be adequate. please attach your information on a separatepage)

I I We acknowledge that I I we have been provided with a copy of the Deputation Protocoland agree to abide by the procedures outlined within.

NOTE:

If the Do putstion relates to an item listed on the Agenda - this request must be registered atthe Principal Office of Council by 2:00pm on the day of the Council/Committee meeting.

If the Do putstion relates to an item NOT listed on the Agenda - this request must beregistered with the Principal Office five (5) days prior to the day the Council/Committeeinjestjn^ is scheduled.

Please refer to Council's Website for Council/Committee meeting dates and venue.

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Light Regional CouncilYouth Forum Request

relating to the following matter:

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(Should the space provided above riot be adequate, please attach your information on a separatepage)

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NOTE:

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Please refer to Council's Website for Council/Committee meeting dates and venue.

.,....,,.......,.......,..........,.,.,.,.......,......




LIGHT REGIONAL COUNCIL AUDIT COMMITTEE

TUESDAY, 18 AUGUST 2015

Reports for Decision: AUD9.2.1/2015 Audit Committee Working Program for 2015/2016 Financial Year ........ 4

AUD9.2.2/2015 Council Members Allowances and Benefits Policy - Draft ..................... 9

AUD9.2.3/2015 Treasury Management Performance Review 2014/2015 .....................19

AUD9.2.4/2015 Procurement Policy - Review ................................................................25

AUD9.2.5/2015 Rate Hardship Policy, draft for consideration. .......................................35

AUD9.2.6/2016 Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers. ....................................................................................45

AUD9.4.1/2015 Infrastructure & Asset Management Plan – Draft Inputs and Assumptions .........................................................................................53

AUD9.4.2/2015 Gawler Water Reuse Scheme Project – Assessment of Financial Benefit ..................................................................................................73

Reports for Information: 10.1 Council Register for Leases & Licences ..........................................................82

10.2 Dean Newbery & Partners - Confirmation of 2015 Financial Year Balance Date External Audit Attendance ........................................................83

10.3 Grant Funding notifications ..............................................................................84

10.4 Update on the Revaluation of Land & Buildings ..............................................85


ASPIRATION



AGENDA PAPERS

for the meeting of


in the

MEETING ROOM 93 Main Street, Kapunda 5373

TUESDAY, 18 AUGUST 2015 at 5:30pm



Committee Members, Mr John Comrie (Chair) Mr Peter Fairlie-Jones Cr David Shannon Cr Des Ellis Mayor Bill O’Brien (Ex Officio) Notice is hereby given pursuant to the provisions of Section 87 (4) of the Local Government Act, 1999, that the next Meeting of the Light Regional Council Audit Committee will be held in the Meeting Room, 93 Main Street on Tuesday, 18 August 2015 at 5:30pm A copy of the Agenda for the above meeting is supplied as prescribed by Section 87 (8)(c) of the said Act. .................................................... Brian Carr CHIEF EXECUTIVE OFFICER

NOTICE OF MEETING

AGENDA

MEETING OF THE LIGHT REGIONAL COUNCIL AUDIT COMMITTEE HELD ON TUESDAY, 18 AUGUST 2015,

IN THE MEETING ROOM, 93 MAIN STREET, KAPUNDA 5373 COMMENCING AT 5:30PM

1. PRESENT

2. OPENING

3. APOLOGIES

4. MINUTES

4.1 CONFIRMATION OF COMMITTEE MINUTES

5. COMMUNICATIONS

5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

6. DEPUTATIONS AND PRESENTATIONS


8. BUSINESS ARISING

9. REPORTS FOR DECISION

9.1 CHIEF EXECUTIVE OFFICER 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT 9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT 9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT



11.1 QUESTIONS WITHOUT NOTICE 11.2 QUESTIONS ON NOTICE 11.3 NOTICE OF MOTION 11.4 MOTIONS WITHOUT NOTICE


13. MEETINGS

The next meeting of Light Regional Council Audit Committee will be held on Tuesday, 20 October 2015, commencing at 5:30pm in the Meeting Room, 93 Main Street, Kapunda.

14. CLOSURE

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4. MINUTES 4.1 CONFIRMATION OF COMMITTEE MINUTES

4.1.1 Minutes of the meeting of Committee held Tuesday, 30 June 2015. 4.1.2 Confidential minutes of the meeting of Committee held Tuesday, 30 June 2015. Recommendation • That the minutes and confidential minutes of the meeting of the Audit Committee

held Tuesday, 30 June 2015 be confirmed as a true and correct record of that meeting.

5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED

6. DEPUTATIONS AND PRESENTATIONS NIL 7. ADJOURNED BUSINESS 8. BUSINESS ARISING Arising from Meeting of 20 August 2013 Item No. & Minute Page

No Current Status of matter

AUD9.2.2/2013 Infrastructure & Asset Management Plan – Transport, Stormwater & Bridge Chapters

8 Refer to report this meeting Agenda

Arising from Meeting of 18 March 2014 Item No. & Minute Page


AUD9.2.3/2014 Land & Buildings Asset Management


Arising from Meeting of 19 August 2014 Item No. & Minute Page


AUD9.2.3/2014 Dean Newbery & Partners – External Audit Management Letter Financial Year Ending 30 June 2014

5 Completed

Arising from Meeting of 17 February 2015 Item No. & Minute Page


12.1 Gawler Water Reuse Scheme Project


Agenda - Light Regional Council Audit Committee meeting to be Held on Tuesday 18 August 2015 2015/3

Arising from Meeting of 17 March 2015 Item No. & Minute Page


AUD9.2.1/2015 Internal Control Policy

2 Refer AUD9.2.3/2015 30 June 2015 meeting advising Policy adopted at its July Council meeting.

Completed Arising from Meeting of 19 May 2015 Item No. & Minute Page


AUD9.2.1/2015 2015/2016 Draft Annual Business Plan, Budget and Draft 2015/2024 Long Term Financial Plan

2 Completed

AUD9.2.3/2015 Rate Hardship Policy, draft for consideration.


AUD9.2.4/2015 Hardship Policy for Residential Customers of Minor and Intermediate Water Retailers.


Arising from Meeting of 30 June 2015 Item No. & Minute Page


AUD9.2.1/2015 2015/2016 Budget and 2016/2025 Long Term Financial Plan

2 Completed

AUD9.2.2/2015 Dean Newbery & Partners – External Audit Management Letter Financial Year Ending 30 June 2015

2 Item 2 – Bank Reconciliation-General Bank A support call has been logged with Civica Authority in July to identify the details of miscellaneous debits and credits appearing in the bank reconciliation report. Civica Authority is currently working with their software developers to get this information and they are yet to provide an update as of 13 August 2015.

Ongoing Item 7 – Council Register for Leases and Licences – Please refer to Information report this meeting.

Agenda AUD9.2.3/2015 Internal Control (Financial Management) Policy

3 Policy adopted at July Council meeting. Completed

AUD9.2.4/2015 Review Audit Committee Working Program for 2014/2015 Financial Year

6 Completed

CONFIDENTIAL ITEM AUD12.1/2015 Tenders for provision of External Audit Services

12 Ongoing

9 REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

NIL



AUD9.2.1/2015 Audit Committee Working Program for 2015/2016 Financial Year

Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance Executive Summary Report Highlights The report provides a proposed works program for the Audit Committee for the 2015/2016 financial year. In general terms the program reflects the year to year activities of the Council and where needed specific projects have been included or carried forward as incomplete from the 2014/2015 financial year. The plan is reflective of the objectives outlines within Council’s 2015/2016 Annual Business Plan. Budget Impact Appropriate financial allocations have been included in the 2015/2016 annual budget where needed. Recommendation That the Light Regional Council Audit Committee receives the report provided in relation to the Audit Committee Working Program and recommends to Council; 1. That Council acknowledges the proposed 2015/2016 year work program for the Audit


Light Regional Council – Audit Committee Working Program

(July 2015 to June 2016) (Proposed at 18 August 2015 meeting)

Program

Topic Sub-Program Priority

(in numerical

order)

Projected End Date


year)




Priority 2

June 2016


Implement timetable for preparation and adoption of 2016/2017 Annual Business Plan and Budget. Target date for adoption Tuesday, 28 June 2015. Budget Framework documentation to include; • Review 2015/2016 process for

refinement, build on process enhancement.




• Review financial sustainability indicators and review 4 year and


Long Term Financial Plan. • Review public consultation strategy

and documentation issued for enhancement.



2. Review delivery












Strategic Planning









Priority 2

March 2016









Carry over project from 2014/2015 financial year. Provide policy discussion for matters relating to systems improvement, asset recognition and depreciation.


Review IAMP Maturity Assessment program progression plan.








Policy documents are subject to continuous review. Complete policy review as per adopted process. In particular review the following policies and associated guidelines; • Hardship • Sale & Disposal of Assets • Asset Management and

Capitalisation • Rate Rebate • Debtor Management • Procurement (procedural

development through Barossa Region Procurement Group collaboration)

• Corporate Purchasing Card • Motor Vehicle Management • Council Members Training &

Development • Audit Committee • Public Consultation • Fraud & Corruption Prevention • Internal Control • Order Making • Local Government Land By-

Law • Separate Rate • Treasury Management (Project

Specific) • Others (as required)






Carry over project from 2014/2015 financial year. Awaiting Ministerial sign-off for process undertaken in accordance with Section 185 of the Local Government Act 1999. Review program of events to progress actions associated with Local Government Act section 184 (sale for non-payment of rates) and section 185 (land acquisition and disposal by Ministerial approval) procedures commenced by Council resolution. • Review potential property sales

under section 184 process. • Obtain Ministerial approval to

proceed with section 185 process and transfer those 18


properties in accordance with agreed negotiations.





Priority 4

November 2015








Priority 2

November 2015







Reasons for Decision The report sets the Committee’s operational program for the 2015/2016 financial year.


Detailed Report Purpose The purpose of this report is to provide the Committee Members with a proposed Audit Committee working program for the period July 2015 to June 2016. Background The Audit Committee is annually presented with a draft works program for consideration which once adopted is reviewed throughout the financial year. The adopted program and its updates are then provided to Council for information purposes only. History 16 August 2011 Audit Committee meeting, Item 9.2.2. 22 November 2011 Audit Committee meeting, Item 9.2.2. 21 February 2012 Audit Committee meeting, Item 9.2.4. 20 November 2012 Audit Committee meeting, Item 9.2.3. 19 February 2013 Audit Committee meeting, Item 9.2.4 19 November 2013 Audit Committee meeting, Item 9.2.2 18 February 2014 Audit Committee meeting, Item 9.2.1 17 June 2014 Audit Committee meeting, Item 9.2.4 12 August 2014 Audit Committee meeting, Item 9.2.4 17 February 2015 Audit Committee meeting, Item 9.2.4 21 April 2016 Audit Committee meeting, Item 9.2.2. 30 June 2015 Audit Committee meeting, Item 9.2.4 Discussion/Analysis Refer to the table presented within the Recommendation for the status update information. Some projects remain uncompleted from the 2014/2015 financial and have been incorporated into the proposed program for the 2015/2016 financial year. Conclusion with reasons It is considered that the proposed 2015/2016 Audit Committee work program is suitable in terms of content and once undertaken will provide the Committee and Council with a level of assurance that practices and procedures are occurring in an orderly manner in accordance with the statutory obligations of the Council. References Legislation Section 123 of the Local Government Act 1999 Council Policies Light Regional Council Audit Committee Terms of Reference Strategic Plan LRC Strategic Management Plan, 2008 to 2018.


AUD9.2.2/2015 Council Members Allowances and Benefits Policy - Draft

Folder ID: 24013 Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance Executive Summary Report highlights A draft Council Members Allowances and Benefits Policy is presented to the Audit Committee for consideration in response to Council’s November 2014 resolution, refer to Item 11.1.3 of 25 November 2014 council meeting, minute page reference 2014/382. The draft policy has been distributed internally through the General Manager Group and to selected staff for comment prior to presentation to the Audit Committee for consideration. The draft policy was prepared having referencing the following:

• The requirements of sections 76 to 79 of the Local Government Act 1999. • The requirements of the Local Government (Members Allowances and Benefits) Regulations

2010. • The Local Government Association of South Australia’s Model Policy (August 2014 version)

for Council Members’ Allowances and Benefits. • Other reference materials. The draft policy retains the general nature of the LGA’s Model document but is not quite so prescriptive, for example Council already has developed its own forms and recording documentation. These are procedural matters which can be dealt with outside of the policy document itself. Proposed reimbursement of expenses discussed under the policy are on an actual cost basis. The draft policy aims to be practical, it contains commentary that: • Acknowledges allowances and benefits paid and payable to Council Members is done so in

an accountable and transparent manner. • Provides Council Members and staff with certain responsibilities in upholding the

requirements of the policy. • Provides Council Members should not be out of pocket and should be supported by various

mechanisms through undertaking their role on behalf of the community. • Establishes support and expenses will relate to the applicable provisions (sections 76 through

80) of the Local Government Act 1999 and its regulations. • Mandates certain expenses and support offerings, while others are authorised under the

policy itself. • Provides reference to other codes, policies and guidelines impacting in the space needing to

be taken into account when considering the application of the policy. • Provides a review mechanism. Budget Impact Estimated Cost: $268,830 Future ongoing operating costs: $268,830 Is this budgeted? Yes


Additional Comments (incl Labour Component if applicable): Estimated costs are indexed year on year with the major portion (Council Member Allowances $212,250) being set by the State Remuneration Tribunal once every four years. The budget allocation includes council meeting expenses, stationary supplies, accommodation etc, insurance costs, general expenses, training conference and development costs, and internet costs.

Recommendation That the Light Regional Council Audit Committee receives the report presented in relation to the development of a draft Council Members Allowances and Benefits Policy, and further the Committee recommends to Council that it adopts the following as council policy:



Date of Adoption: Draft for consideration July 2015 Minute Reference: Update upon resolution Version Number: Draft Applicable Legislation: Sections 76 to 79, Local Government Act 1999




1. Introduction


2. Policy Scope

The policy applies to all elected Council Members, including the principal member (the Mayor) and encompasses the benefits which might be provided to Council Members by the Light Regional Council in enabling the council members to undertake their representative duties. Any additional benefits received by Council Members from individuals or organisations outside of the Council will be managed and recorded in accordance with the mandatory Code of Conduct for Council Members published from time to time by the State Government, the LG Act and its Regulations.

3. Definitions



“council members” means a person or persons duly elected or appointed as a councillor for

the Light Regional Council area and includes the Mayor and Deputy Mayor. “eligible journey” means a journey (in either direction) between the principal place of

residence, or a place of work, of a member of the council, and the place of a prescribed meeting.

“prescribed meeting” in relation to a member of a council, means a meeting of the council

or council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity which is directly or closely related to the performance or discharge of the roles or duties of the member.

4. Responsibilities







4.2.4. implement and monitor expense reimbursement procedures in accordance

with the LG Act, the Regulations, this Policy and any associated procedure.

5. Policy Statement




6. Allowances





November, February, May and August each year. Where a council member


discontinues service or becomes a member of council as consequence of a supplementary council election, an adjustment to the allowance paid or payable is made at the time.

6.4 An additional allowance is also payable for Council Members who are presiding

members of other committees (excluding the deputy mayor). A sitting fee might also be payable where mandated through the terms of reference of a council related committee, working party or authority.

6.5 A Council member may decline to accept payment of an allowance (section 76(12) of

the LG Act) or sitting fee. 6.6 Pursuant to the determination made by the Remuneration Tribunal (which may be





7.2 Reimbursement for travel expenses is restricted to eligible journeys provided the

journey is by the shortest or most practicable route and to that part of the journey within the Council area. Any travelling outside the Council area in order to attend Council or Council committee meetings is not reimbursable under section 77(1)(a) of the LG Act. For reimbursement for travel outside the Council area refer to “Prescribed and Approved Reimbursements” below at Clause 8.






8.1 Section 77(1)(b) of the LG Act provides that the Council may approve the reimbursement of additional expenses as set out in the Regulations incurred by Council Members, either on a case-by-case basis or under a policy adopted by Council. This Policy sets out the types of approved expenses that may be reimbursed. These are:





8.1.4 expenses for the care of a child of the Member, or a dependent of the Member requiring full-time care incurred by the Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 77(1)(a) of the LG Act); and





8.2.2 reimbursement is restricted to the shortest or most practicable route. 8.2.3 where a Council Member travels by private motor vehicle, the rate of

reimbursement is as stated in Clause 7.3. 8.2.4 car parking fees will be reimbursed (where they are a consequence of a

Council Member attending a function or activity on the business of the Council). 8.2.5 travel by taxi, bus, airplane or other means of public transport will be

reimbursed on the basis of being expenses where they are incurred as a consequence of the Member’s attendance at a function or activity on the business of the Council however such travel must still be by the shortest or most practicable route.

8.2.6 There shall be no travel time payment unless authorized by the determination

made by the Remuneration Tribunal. Refer to Clause 6.6.


8.3 Care and Other Expenses Pursuant to section 77(1)(b) of the LG Act the Council delegates to the Chief Executive Officer (who may sub-delegate to an appropriate council officer) the power to review and approve the reimbursement of: 8.3.1 Expenses incurred for the care of a child of a Council Member or a dependent

of the Council Member requiring full time care as a consequence of the Council Member’s attendance at a function or activity on the business of Council (other than expenses for which the Member is reimbursed under section 77 (1)(a) of the LG Act).


Expenses will only be reimbursed for attendance at conferences, seminars, etc which have been approved by Council, annual budgetary appropriations or under delegation/policy, e.g. under Council’s “Council Member Training and Development Policy”.

Where attendance at the conference, seminar etc is approved the following types of expenses can be reimbursed at actual cost: airfares (economy class), registration fees, accommodation, meals, taxi fares, car parking and incidentals. Where possible, the Council’s administration will coordinate travel arrangements and accommodation stays to maximize business rate opportunities.

8.3.3 Expenses incurred in the use of a telephone, internet, facsimile or other communication device on the business of the Council, e.g. Internet connection costs, computer software, applications for iPad, printer cartridge, contribution towards mobile telephone account, where these have not already been provided by the Council..


8.4.1 they are necessary or expedient for the Council member to perform or discharge his/her official functions or duties;









Council Elections The use of Council facilities, support and/or services by Council Members for campaign or election purposes is not permitted under any circumstances. Also refer to Council’s Caretaker Policy. Media and Legal Services Support Subject to the approval of and parameters set by the Mayor (the Deputy Mayor in the Mayor’s absence) and the Chief Executive Officer, a Council Member may be provided with media and communications support. This may be further extended to take into account the provision of legal advice as discussed in section 78A of the LG Act, subject to conditions and limitations determined on a case by case event. Insurance As required by Section 80 of the LG Act, Council will take out an insurance policy(s) insuring every member of the council, and a spouse, domestic partner or another person who may be accompanying a member of the council, against risks associated with the performance or discharge of official functions or duties by members.



Council Members are required to provide details of kilometres travelled and/or evidence of expenses incurred to support all reimbursements claimed. Claim procedures are separately documented outside of this policy document. The Council has resolved that the reimbursement of expenses under clauses 7 and 8 above and those requiring Council approval by policy, will be paid in arrears on a quarterly basis in the months as described in clause 6.3 above unless as otherwise agreed having regard to the level of expenditure incurred (for example, expenses incurred for the November to January period will be reimbursed in the month of February each year, and so on). The production of relevant receipts or other evidence of expenditure must be presented where reimbursement is claimed. All documentation received will be managed in accordance with Council’s records management practices. Council will as part of its annual budgetary processes make an estimate of Council members’ reimbursable expenses. No limiting value or daily maximum value is set by this policy; rather the value is determined by what might be considered ‘reasonable’ given the circumstances of the situation.


The Register of Allowances and Benefits is available for inspection by members of the public,


free of charge, at the Council’s principal office located at 93 Main Street, Kapunda during ordinary business hours. Copies or extracts of the Register are available for purchase upon payment of a fixed fee as stated within Council’s Schedule of Fees and Charges.





Nil



Reasons for the decision The decision will progress the development of council policy in line with Council’s November 2014 resolution.


Detailed Report Purpose The purpose of the report is to present a draft Council Members Allowances and Benefits Policy to Council’s Audit Committee for consideration in response to Council’s November 2014 resolution. Background Council at its Tuesday, 25 November 2014 meeting passed the following resolution:

11.1.3 Allowances and Benefits Payable to Council Members Author: Richard Michael, General Manager, Business & Governance Moved Cr Kennelly Seconded Cr Rohrlach

1. That, having regard to the determination of council members’ allowances gazetted by the Remuneration Tribunal on 31 July 2014, Council resolves to pay council member allowances in advance on a quarterly basis (that is in the months of November, February, May and August each year).

2. That, having regard to the expenses incurred by council members pursuant to sections 77(1)(a) and 77(1)(b) of the Local Government Act 1999, Council resolves that the reimbursement of expenses requiring Council approval by policy, be paid in arrears on a quarterly basis in the months as described in item 1 above (for example, expenses incurred for the November to January period will be reimbursed in the month of February each year, and so on).

3. That Council’s Administration prepares a draft policy document which satisfies the requirements of

Sections 77 and 78 of the Local Government Act 1999. 4. That pursuant to Section 79(4) of the Local Government Act 1999, Council set a fixed fee of five dollars

($5.00) to members of the public requesting an extract from the Register of Allowances and Benefits for members; and that Council’s Schedule of Fees and Charges be amended accordingly.

CARRIED History • Item 11.1.3, Allowances and Benefits Payable to Council Members, Tuesday, 25 November

2014 Council meeting. Discussion/Analysis A draft council policy has been prepared in accordance with Council’s November 2014 resolution. The draft policy has been prepared having regard to parts 2 and 3 of the aforementioned resolution. The draft policy has been distributed internally through the General Manager Group and to selected staff for comment prior to presentation to the Audit Committee for consideration. The draft policy was prepared having referencing the following: • The requirements of sections 76 to 79 of the Local Government Act 1999. • The requirements of the Local Government (Members Allowances and Benefits) Regulations

2010. • The Local Government Association of South Australia’s Model Policy (August 2014 version)

for Council Members’ Allowances and Benefits. • Other reference material including councils adopted ‘Allowances and Benefits’ policies, for

example The Barossa Council, DC of Mallala, Town of Gawler, City of Marion, and the City of Mount Gambier policy documents.

Staff also considered the possibility of introducing per day allowances for travel accommodation and expenses, such as those discussed within the Taxation Determination TD2015/14 applicable from 1 July 2015 but considered that to retain the general nature of the LGA’s Model document was a more practical approach. Proposed reimbursement of expenses discussed under the policy are on an actual cost basis.


The draft policy envisages that:

• the allowances and benefits paid and payable to Council Members is done so in an accountable and transparent manner.

• the Council Members and staff shall have certain responsibilities in upholding the requirements of the policy.

• the Council Members should not be out of pocket and should be supported by various mechanisms through undertaking their role on behalf of the community.

• Support and expenses will relate to the applicable provisions (sections 76 through 80) of the Local Government Act 1999 and its regulations.

• Certain expenses support offerings are mandated, while others are authorised under the policy itself.

• Other codes, policies and guidelines also impact in the space and need to be taken into account when considering the application of the policy.

• The policy will be reviewed following the conduct of a general council election and at the mid-term of the elected council to ensure that the policy is working as designed.

The draft policy in its entirety has been included within the proposed recommendation to this report. Conclusion The draft policy seeks to formalise discussion around allowable expenditure within the provisions of the Local Government Act 1999 incurred by Council Members in undertaking their role on behalf of the community. Further higher level procedural elements or guidelines are included within the policy document. References Legislation Local Government Act 1999, sections 76 to 80. Local Government (Members Allowances and Benefits) Regulations 2010, regulations 4 to 6. Council Policies 2.2 Elected Members Code of Conduct 6.1 Council Members Training & Development Policy 6.10 Caretaker Policy 6.19 Elected Members Electronic Communication and Equipment Procedure Register of Allowances and Benefits Strategic Plan Light Regional Council Strategic Management Plan 2013 to 2017, reference 3.3.6 ‘Service delivery, System & Policy improvements’.


AUD9.2.3/2015 Treasury Management Performance Review 2014/2015

Author: Rajith Udugampola, Finance Manager Report Presenter: Rajith Udugampola, Finance Manager Executive Summary Report highlights • Council’s Treasury Management Policy at clause 3.4 requires a review of Council’s annual

treasury management performance. • Cash management practices have continued in the same manner as previous years, in line with

the Treasury Management Policy. This resulted in reduced funds being retained for specific purposes (except grant funds), and existing cash reserves were utilised for daily cash flow management based on operational needs.

• Total fixed rate loan borrowings (current and non-current) amount to $6.545m at 30/6/15 (Please

refer to Table 1) which is 100% of the Council’s loans portfolio as at 30 June 2015. This ratio satisfies Council’s Treasury policy requirements in relation to fixed rate borrowings.

• The variable rate loans have not been drawn down as at 30 June 2015 (Please refer to Table 2).

Therefore, the indicator target for the non-fixed loans has not been met, as it requires a level of borrowings in council’s portfolio of not less than 30%.

• Leave entitlement reserves (long service/annual/time in lieu leave) are being utilised for cash flow

management (as per the Treasury Management Policy), and the appropriate provisions remains as a liability in the balance sheet, and will be updated yearly during the preparation of the end of year financial statements.

Budget Impact The budget impacts arising from this report, relate to the Councils ability to meet loan instalment payments inclusive of interest when they fall due. Instalment payments have been incorporated in the Annual Budget which recognises the timing of cash requirements and the revenue required to manage the Councils operations. Recommendation That the Light Regional Council Audit Committee notes the report provided in regard to treasury management performance for the 2014/2015 Financial Year. Reasons for the decision • Compliance with Clause 3.4 of the Treasury Management Policy (Amendment No. 1, dated 7

April 2009); and • Compliance with Section 140 of the Local Government Act 1999.


Detailed Report Purpose The purpose of this report is to advise the Audit Committee of Council’s treasury management activities for the 2014/2015 Financial Year relative to its policy document.

Background Council’s Treasury Management Policy at Clause 3.4 states:

3.4 Reporting

At least once a year Council shall receive a specific report regarding treasury management performance relative to this policy document. The report shall highlight:

• for each Council borrowing and investment - the quantum of funds, its interest rate and

maturity date, and changes in the quantum since the previous report; and,

• the proportion of fixed interest rate and variable interest rate borrowings at the end date of the reporting period and an estimate of the average of these proportions across this period along with key reasons for significant variances compared with the targets specified in this policy.

This report has been prepared in response to the policy provision. In addition, pursuant to Section 140 of the Local Government Act 1999 (the Act), the Council is required, at least once in each year, to review the performance (individually and as a whole) of its investments. Discussion/Analysis Borrowings Section 134 of the Local Government Act 1999, allows Councils to enter into financial arrangements which the Council deems appropriate, to borrow monies to fund recurrent operations and capital expenditure requirements. As at 30 June 2015, the balance of outstanding fixed rate borrowings was $6.545m. It is a reduction of $1,403m when compared with outstanding fixed rate borrowings of $7.948m at 30/06/2014 due to repayment of loans instalments. Council did not have variable rate cash advance (CAD) facility drawn out from the Local Government Financing Authority (LGFA) as at 30 June 2015, which is a reduction of $1.160m from 30/06/2014. The fixed interest loans have been provided by LGFA. The terms for LGFA loans range from five (5) years to ten (10) years, with the interest rates varying between 5.70% and 7.75% per annum. The Councils policy is to borrow on a fixed interest basis for the term of the loan to fund Capital Projects only. To minimise the future financing costs, the current funding strategy is to utilise surplus funds in the first instance, with short-term funding needs being meet via the utilisation of the CAD facility. A listing of the active loans is contained in Table 1 and Table 2


Table 1 – Outstanding Fixed Rate Borrowings as at 30 June 2015

Loan Number Purpose of the Loan

Term of

Loan (Yrs.)

Principal Amount

Date of Borrowing

Date of Maturity

Interest Rate

Balance Outstanding

4 Hewett Com. Facilities 10 346,000 17/02/2007 15/02/2017 6.99 89,391

23B Community Loan to Dutton Park Golf Club 5 76,000 15/12/2010 15/12/2015 6.30 8,703

35 2005/2006 Capital works 10 1,470,000 17/02/2006 15/02/2016 6.15 190,171 37 2006/2007 Capital works 10 1,190,410 17/02/2007 15/02/2017 6.99 307,549

38 2007/2008 Accelerated Work Program 10 2,500,000 15/04/2008 15/04/2018 7.75 957,564

39 2007/2008 Capital works 10 1,500,000 15/04/2008 15/04/2018 7.75 574,538 42 2011/2012 Capital works 20 5,000,000 16/12/2013 16/12/2023 5.70 4,416888

Total 12,082,410 6,544,804 Note : All instalments consisting of principal and interest are paid bi-annually. Table 2 – Outstanding Variable Rate Borrowings as at 30 June 2015

Loan Number Purpose of the Loan

Cash Advance

Limit

CAD Facility Expiry Date

Repayment Frequency

Balance Outstanding

CA07 Mix of capital works & working capital 500,000 15/08/2017 N/A 0.00

CA40 Mix of capital works & working capital 5,000,000 15/06/2019 N/A 0.00

CA41 Mix of capital works & working capital 3,750,000 15/03/2021 N/A 0.00

Total 9,250,000

0.00 The Fixed Interest and Variable Interest Rate Borrowings portfolio is represented by table 3. Table 3 –Borrowings Portfolio as at 30 June 2015

Type of Borrowings

Balance Outstanding

% - Actual % - Target as per Treasury Management Policy

Target Achieved

Fixed Rate Borrowings

6,544,804 100 • Fixed rates borrowings are to be not less than 30% of gross debts Yes

• No more than 25% of Council fixed interest rate borrowings matures in any financial year Yes

Variable Rate Borrowings

0.00 00 • Variable rates borrowings are to be not less than 30% of gross debts No

Total 6,544,804 100

The maturity of loan instalments will have a significant influence on Council cash flow positions and budgets. Therefore, it is closely managed as part of daily cash management process by finance department. Following table shows the maturity of fixed rate borrowings outstanding as at 30 June 2015.


Table 4 – Fixed Interest Rate Borrowings outstanding as at 30 June 2015 - Maturity Analysis ($’000)

Financial Year

Total Loan No 2015-2016

2016-2017

2017-2018

2018-2019

2019-2020

2020-2021

2021-2022

2022-2023

2023-2024

4 43 46 - - - - - - - 89

23B 9 - - - - - - - - 9

35 190 - - - - - - - - 190

37 148 159 - - - - - - - 307

38 295 319 344 - - - - - - 958

39 177 191 206 - - - - - - 574

42 417 441 467 494 522 552 584 618 322 4,417

Total 1,280 1,156 1,017 494 522 552 584 618 322 6,545

Following tables illustrates, interest payments due for fixed rates loans outstanding as at 30/06/2015. Accordingly, Council’s interest expense is reducing gradually, resulting less pressure on future Council rates rises.

Graph 1 – Future Interest Payments ($’000)

389

305

228

169 141

111 79

45 9

-

50

100

150

200

250

300

350

400

450

S'000

Financial Year

Future Interest Payment


Investments: Table 5 shows the closing balance of all short-term investments with LGFA as at 30 June 2014 and 30 June 2015.

Table 5 : Short-term Investments with LGFA

A/C Ref Reserve Name Balance 30/06/2015

Balance 30/06/2014

Light 03 Greenock STEDS Infrastructure - 121 Light 04 Long Service Leave Fund - 151 Light 12 Roseworthy STEDS Reserve - 188 Light 14 Hewett Infrastructure Reserve - 4,428 Light 15 Freeling STEDS Infrastructure - 351 Light 17 Kapunda STEDS Infrastructure - 115 Light 20 Annual Leave Fund - 104 Light 23 Time in Lieu Fund - 76 Light 25 Maintenance of Infrastructure Fund - 356 Light 26 Quarry Rehabilitation - 840 Light 38 Tourist Leisure Park Fund - 542,602 Light 42 Bus Replacement Fund - 119,162 Light 46 McKinlay Footpaths Fund (Estate) - 6,695 Light 51 McKinlay Estate Infrastructure Fund - 2,908 Light 53 Hanson Park Footpaths Fund - 30,656 Light 54 McKinlay Ridge Infrastructure - 2,219 Light 57 Bridges - 18,558 Light 58 Companion Animals - 243 Light 61 Streetscaping - Hanson Street, Freeling - 61 Light 62 Kingsford Industrial Estate - Grant - 583,239 Light 63 Grant Funding Reserve - 8,183 Light 64 Asset Rationalisation Reserve - 1,105 Light 66 Greenock Land Division Footpath Reserve - 2,627 Light 69 Car Parking Fund Reserve - 31,310 Light 72 Freeling West Residential DPA - 6,442 Light 75 Hewett Community Centre - 33,110 Light 77 Immunisation Fund - 13,614 Light 78 Cities & Towns Project - 9,519 Light 79 Hewett Open Space Fund - 18,028 Light 80 aviary (Hewett) Footpaths - 38,061 Light 81 Hewett Social Infrastructure Fund - 15,430 Light 82 Hewett Social Infrastructure Fund - 28,056 Light 83 Gawler Water Reuse Project - 85 Light 84 Mapping Reserve - 4,595 Light General Fund 548,229 192,172 Gawler Water Reuse Project 6,959,268 -

TOTAL 7,507,497 1,715,412


Conclusion This report is provided as an annual assessment of the treasury management practises of the Council and provides an understanding of the methods used by staff to manage the investment and borrowing activities of the Council. Council staff have continued to use the Treasury Management Policy to guide its use of investment and borrowing funds. This includes deferring borrowings by utilising funds available in separately invested general and reserve funds, with the exception of funds specifically tied to grant fund projects. Treasury Management Policy targets for fixed rate borrowings have been met for the 2014/2015 Financial Year however, targets for variable rate borrowing have not been met. References Legislation Sections 44, 47, 122, 134, 139 and 140 of the Local Government Act 1999. Council Policies No 1.14, Light Regional Council Treasury Management Policy


AUD9.2.4/2015 Procurement Policy - Review

Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance Executive Summary Report highlights Minor amendments are proposed to Council’s Procurement Policy. They are: • An additional principle added to recognise the sometimes collaborative nature of local

government procurement activities. • An emergency expenditure clause is added to Schedule 1. • Additional conditions are added to Schedule 1 to recognise the potential for sole source

arrangements within the Project Value Column. • An increment to Managerial payment authorisation from Nil to $25,000 is added to Schedule 2 It is considered the amendment will add additional flexibility to the operation of the policy without negating the accountability thereof. Budget Impact Estimated Cost: $6,895,310 for “Operating’

Materials, Contractors & Other Expenses in the 2015/2016 financial year.

Future ongoing operating costs: Detailed in Long Term Financial Plan Is this budgeted? Yes

Additional Comments (incl Labour Component if applicable): Nil.

Recommendation That the Light Regional Council Audit Committee receives the report presented in relation to the development of a draft Council Members Allowances and Benefits Policy, and further the Committee recommends to Council that it adopts the following as council policy:

Procurement Policy Reference Number: Section 1 No. 13 Responsible Department: Finance Department Related Policy/Procedure: 1.5 Expenditure – Procurement

Procedures 1.9 Tenders and Quotations Procedures 1.15 Contract Management – Procurement Procedures

Date of Adoption: 26 May 2015 Current Review Date: August 2015 Minute Reference: Version Number: Amendment No. 1 Applicable Legislation: Local Government Act, 1999 (S49) Next Review Date: May 2016 Review Frequency: Annually


1. Purpose

1.1 In compliance with Section 49 of the Local Government Act 1999 (Act), the Council should refer to this policy (Policy) when acquiring goods and services.

This Policy seeks to: • define the methods by which the Council can acquire goods and services; • demonstrate accountability and responsibility to ratepayers; • be fair and equitable to all parties involved; • enable all processes to be monitored and recorded; and • ensure that the best possible outcome is achieved for Council.

1.2 Section 49 of the Act requires Councils to prepare and adopt policies on contracts and tenders on: • the contracting out of services; and • competitive tendering and the use of other measures to ensure that services are

delivered cost-effectively; and • the use of local goods and services.

1.3 Furthermore, Section 49 (a1) of the Act requires Councils to develop and maintain policies, practices and procedures directed towards: • obtaining value in the expenditure of public money; and • providing for ethical and fair treatment of participants; and • ensuring probity, accountability and transparency in all operations.

1.4 However, this Policy does not cover: • non-procurement expenditure such as sponsorships, grants, funding

arrangements, donations and employment contracts; or • the disposal of land and other assets owned by the Council; or • the purchase of land by the Council.

2. Definitions

• Expressions of Interest (EOI) process to shortlist potential suppliers before seeking detailed bids.

• Request for Quotation (RFQ) process where suppliers are invited to participate in a process to bid on specific products or services.

• Request for Tender (RFT) formal and structured invitation to suppliers, to bid, to supply products or services.

3. Policy Objectives

Council aims to achieve advantageous procurement outcomes by:

3.1 enhancing value for money through fair, competitive, non-discriminatory procurement;

3.2 promoting the use of resources in an efficient, effective and ethical manner;

3.3 making decisions with probity, accountability and transparency;

3.4 advancing and/or working within economic, social and environmental policies;

3.5 providing reasonable opportunity for competitive local businesses to supply;

3.6 appropriately managing risk;

3.7 ensuring compliance with all relevant legislation; and

3.8 where advantageous, undertaking a collaborative approach to the procurement of goods and services with other local government authorities and entities.


4. Procurement Principles

Council must have regard to the following principles in its acquisition of goods and services:

4.1 Encouragement of open and effective competition

4.2 Obtaining Value for Money

This is not restricted to price alone. An assessment of value for money must include, where possible, consideration of: • the contribution to Council’s strategic objectives;

• any relevant direct and indirect benefits to the Council, both tangible and intangible;

• efficiency and effectiveness of the proposed procurement activity; • the performance history, and quality, scope of services and support of each

prospective supplier; • fit for purpose of the proposed goods or service; • whole of life costs; • internal administration costs; • technical compliance issues; • risk exposure; and • the value of any associated environmental benefits.

4.3 Probity, Ethical Behaviour and Fair Dealing

Council is to behave with impartiality, fairness, independence, openness and integrity in all discussions and negotiations.

4.4 Accountability, Transparency, Monitoring, Reporting and Review

4.5 Ensuring compliance with all relevant legislation

4.6 Encourage the development of competitive local business and industry where the evaluation criteria are comparable, the Council may consider the following: • the creation of local employment opportunities; • increased availability of local servicing support; • increased convenience with communications with the supplier for contract

management; • economic growth within the local area; • benefit of associated local commercial transaction; and/or • the short and long term impact of the procurement on local business.

4.7 Environmental protection

The Council will seek to: • adopt purchasing practices which conserve natural resources; • align the procurement activities with principles of ecological sustainability; • purchase recycled and environmentally preferred products where possible; • integrate relevant principles of waste minimisation and energy; • foster the development of products and services which have a low environmental

impact; • provide leadership to business, industry and the community in promoting the use

of environmentally sensitive goods and services.


5. Procurement Methods

Generally, open and fair competition is best achieved by undertaking a tender process so that all interested parties have an opportunity to bid. However, there may be procurements in which a tender process will not necessarily deliver the most advantageous outcome – in such instances, other market approaches may be more appropriate.

Having regard to its Procurement Principles and any other factors considered relevant, Officers delegated by Council may determine to utilise one or more of the following procurement methods as summarised in Schedule 1:

5.1 Direct Purchasing

Purchases made from a single source, without first obtaining competitive bids.

This method may be suitable for low value, low risk goods and services, or where there is a limited market supply.

5.2 Quotations (Informal)

Generally, a minimum of three quotations are sought.

This method may be suitable for low value, low risk goods and services often of a retail nature.

5.3 Request for Quotations (RFQ)

Generally, a minimum of three written quotations are sought.

This method may be suitable for simple, largely price-based purchases.

5.4 Expressions of Interest (EOI)

Generally, an open invitation for a proposed good and/or service.

This method may be used where there is potentially a large market for the proposed goods and/or service, and the Officer would like to be able to prepare a short list of suppliers to then invite to participate in a tender process.

5.5 Request for Tenders (RFT)

An open tender for a proposed goods and/or service where the scope of works and/or goods have been clearly defined.

Council may issue a “Select” Request for Tender where it has already issued an EOI, or where it has reasonable grounds for only dealing with a select group of potential suppliers.

5.6 Panel contracts

Panel arrangements are established with a select group of suppliers following an approach to the market place in accordance with Clause 5.5, and can include either:

• a standing offer from a pool of suppliers for the provision of goods and services on agreed terms; or

• pre-qualification of certain suppliers who may or may not be engaged on terms to be agreed.

Once a panel has been established, Officers may purchase the goods and/or services through this arrangement.


5.7 Strategic alliances

This is where procurement is undertaken through contract arrangements already established and administered by other organisations. This includes but is not limited to the following current arrangements:

• Barossa Regional Procurement Group or a successor group; • LG Procurement; • Council Solutions; • Procurement Australia; • State Government contracts; • Other Councils;

6. Considerations for the Council

The appropriate method of procurement will be determined by reference to a number of factors, including: • Value of the Purchase • cost of an open market approach versus the value of the acquisition and the potential

benefits; • the particular circumstances of the procurement activity; • the objectives of the procurement; • the size of the market and the number of competent suppliers; • the Council’s leverage in the marketplace; • time constraints; • a global assessment of the risks associated with the relevant activity and /or project,

including the risk profile of the procurement and any risks associated with the preferred procurement method.

7. Records

Records shall be kept of all procurement activities in accordance with procedures associated with this Policy.

8. Delegations

Delegations and Sub Delegations for procurement are detailed within the Delegations Register approved by Council and amended from time to time and identified specifically within Schedule 2 and Schedule 3.

History

Policy 1.13 Accounting Policies & Guidelines Procurement Policy, Version 8, rescinded by Council with Original 1.13 Procurement Policy adopted at its Meeting 26 May 2015 Refer item AUD 9.2.2/2015, page 2015/174.

Amendment No. 1 adopted at Council on ………………………..


SCHEDULE 1: METHOD OF PROCUREMENT

TOTAL VALUE OF PROJECT OR CONTRACT

Procurement Method Comments Approver

Up to $5,000 # Direct procurement

Generally with local suppliers and would include consumable items. Documented reasons why method chosen.

As per schedule 2 & 3 of the Delegation of Authority

$5,001 - $25,000 # Direct procurement

Sole source to be approved by GM with reasons documented on file.


$25,001-$50,000 # Direct procurement

Sole source to be approved by CEO with reasons documented on file.


Over $50,000 * EOI, RFT,

Panel Contracts

Open Tenders to be called. Where select tendering is proposed, reasons to be documented and approved by CEO. Sole source to be approved by CEO.


Up to $50,000 # RFQ Three written quotes required As per schedule 2 & 3 of the Delegation of Authority

Within budget limits

Purchases made through

Strategic Alliances

Quoting / Tendering shall be undertaken in accordance with the Procurement Method for the Value of the Project.


* Number of quotes are depends on the need to strike a balance between efficiency, obtaining value for money, and giving potential providers the opportunity to bid for Council work.

# Purchases under $50,000 still may be required to use Request for Quote (RFQ) method, depending on the nature of purchase irrespective of the value of purchase. The ‘Direct procurement’ method may be more suitable in some instances for example for low value, low risk goods and services, or where there is a limited market supply. The CEO (or the CEO’s delegate) has the authority to act in an emergency situation where Council is required to remedy or make good damage incurred to council property from a natural or man-made incident. Goods and services in these instances may be purchased from sole source without reference to the financial limitations discussed in this schedule.


SCHEDULE 2: DELEGATION OF AUTHORITY TO COMMIT FUNDS AND APPROVE INVOICES FOR PAYMENT (WITHIN ADOPTED BUDGET)

Position Held Commit Funds

(purchase order / contract) Authorise Payment

(per invoice) Chief Executive Officer As per Council Delegation As per Council Delegation

General Managers ** $250,000 $250,000

Managers *** $50,000 $25,000

Team Leader Horticulture $200 * Nil

Team Leader Maintenance $200 * Nil

CWMS Maintenance Worker $200 * Nil

Customer Action Team **** $200 * Nil

Standing Delegations

Where the relevant General Manager/Department Manager is not available, other General Managers, Department Managers and Chief Executive Officer can authorise invoices for payment.

Notes * Where budget is available ** Members of the General Manager Group *** Members of the Middle Management Group **** Staff members employed as the Customer Action Team


SCHEDULE 3: DELEGATION OF AUTHORITY – SPECIFIED TRANSACTIONS Nature of Transaction Transaction

Value Delegated Officer Comment

Electronic Payments to suppliers, employees and other creditors.

$2.4M GM - Business & Governance BankSA online payment system requires 2 staff members to authorise & release payments.

$2.4M HR & Governance Manager. $1.5M Finance Manager. $1.5M Accountant. $1.0M Library Manager $1.5M Payroll Officer

Signing of Cheques for payments to suppliers and other creditors.

Unlimited

GM - Business & Governance

BankSA requires 2 staff members to sign cheques

HR & Governance Manager. Finance Manager.

Accountant. Library Manager Payroll Officer

Reimbursement of personal expenses of General Managers

Up to delegated limit CEO or other GMs.

Reimbursement of personal expenses of Other Employees

Up to delegated limit Immediate Manager or GM

Insurance Renewals Up to delegated limit Chief Executive Officer

Settlement of Insurance Claims

Greater than $5000 Chief Executive Officer

Less than $5000 GM - Business & Governance

Provision for Doubtful Debts Unlimited GM - Business & Governance

On the recommendation of Finance Manager.

Bad debts write offs

Over $5000 Council On the recommendation of Finance Manager. $2,500 - $5000 Chief Executive Officer

Under $2,500 GM - Business & Governance

Asset sales & write offs; Land and Buildings.

Unlimited Council

Asset sales & write offs; Assets other than Land and Buildings

Up to delegated limit

GM responsible for the care and management of the asset

Initiate, settle or abandon any legal action in Council name

Unlimited Council


Reasons for the decision The decision will amend an operational policy document of the Council if adopted. Detailed Report Purpose The purpose of the report is to amend the Council’s Procurement Policy (No.1.13) to account for a process improvement and to provide an element of flexibility in the management of the policy. Background Council has over the years had several iterations of a Procurement Policy and other procedural documents emanating from the requirements of section 49 of the Local Government Act 1999. Section 49 of the Act states: • A council must develop and maintain procurement policies, practices and procedures directed

toward; o obtaining value in the expenditure of public money; o providing for ethical and fair treatment of participants in the supply of goods and

services; o ensuring that Council undertakes its procurement role with probity, accountability and

transparency in its operations.

• Such policies and procedures should take account of: o the contracting out of services; o competitive tendering arrangements and the use of other measures to ensure that

services are delivered cost-effectively; o the use of local goods and services; and, o the sale or disposal of land or other assets.

• Policies must identify circumstances:

o where the council will call for tenders for the supply of goods, the provision of services or the carrying out of works, and the sale or disposal of land or other assets;

o provide a fair and transparent process for calling tenders and entering into contracts in those circumstances;

o provide for the recording of reasons for entering into contracts other than those resulting from a tender process; and,

o be consistent with any requirement prescribed by the regulations. History • 26 May 2015 Refer item AUD 9.2.2/2015, page 2015/174; amended 1.13 Procurement Policy

adopted. Discussion/Analysis The latest iteration of Council’s Procurement Policy was adopted on 26 May 2015 to coincide with Council undertaking some work on procurement and funds expenditure through the ArcBlue regional project. The project also involved the neighbouring councils of The Barossa, Gawler, Mallala and Mid-Murray. Part of the project was to, as reasonably possible, standardise the procurement policies and practices being undertaken by each of the constituent councils making up the Barossa Regional Procurement Group. As a consequence Council altered it Procurement Policy to the new format, however now that the council have had the opportunity to work with the new policy for a number of months it is believed that there should be some minor amendments made to the policy to add additional flexibility and to allow for an emergency provision. The amendment also seeks to provide an statement about the potential collaborative nature of procurement activities within its principles.


Conclusion The draft amendment to the Procurement Policy seeks to add additional flexibility to the operations of the policy document. References Legislation Local Government Act 1999, sections 49. Council Policies 1.13 Procurement Policy Strategic Plan Light Regional Council Strategic Management Plan 2013 to 2017, reference 3.3.6 ‘Service delivery, System & Policy improvements’.



Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance Executive Summary Report highlights This report follows the discussion of the matter at the Committee’s May 2015 meeting. The resolution passed on 19 May 2015 was:


Report Presenter: June Austin, HR & Governance Manager Moved Mayor O’Brien Seconded Cr Ellis That the Light Regional Council Audit Committee identified a number of queries within the Draft Hardship Policy for General Rates and Other Charges and requested an update to be provided for its consideration at the June 2015 meeting consisting of: • Amend name of Policy; • Clause 4.2 & 4.4 – amend clauses related to ‘Writing Off Bad Debts’ to be a decision of Council not its officers

and values thereof; • Clause 4.4 - remove the words ‘principal and/or’; and. • Clause 4.5 – review as additional clarification is required with respect to calculation of fines and interest for

Seniors and Non-Seniors. • Clause 4.7 – Consider utilizing footnote reference to ‘Hardship Policy for Residential Customers of Minor and

Intermediate Water Retailers Policy’ as part of review. CARRIED

The draft policy has been amended to take account of the additional adjustments suggested by the Committee and is again presented for consideration. Changes to the policy draft are highlighted in colour (red font): • A change to the policy name, from “Hardship Policy for General Rate and Other Charges”, to

Rates Hardship Policy (excluding Water Policy requirements). • At clause 4.2, adding wording to enable the General Manager, Business & Governance to

report on any hardship application received directly to Council for decision. • At clause 4.4, deleting the detailed commentary of the May meeting draft and replacing that

with a general statement referring to the Local Government Act 1999 requirements and the processes prescribed by Council’s Debt Management Policy. It is believed that this cuts out duplication between policy documents and does not confuse the issue between what is current year debt and past debt which could potentially be written off by virtue of section 143 of the Act.

• Footnote referencing at clauses 4.5 and 4.7 to take account of the particular relationship of ESCOSA policy.

Budget Impact

• Estimated Cost: $Unknown Additional Comments (incl Labour Component if applicable): The expected financial impact to Council’s annual budget and cash flow management is unknown, the effect is dependent upon individual ratepayers circumstances. While Council has historically received few applications under section 182 of the Local Government Act, we have for many years agreed to applications from individual ratepayers for rates payment arrangements which sit outside of the four quarterly rates instalments mandated by section 181 of the Act.


Recommendation That the Light Regional Council Audit Committee recommend to Council that it adopts the Draft Rates Hardship Policy (excluding Water Policy requirements) as follows:



Date of Adoption: Current Review Date: Minute Reference: Version Number: Draft (Version 3) Applicable Legislation: Sections 143, 181, 182 and 182A, Local

Government Act 1999 Next Review Date: July 2017 Review Frequency: Biennially

1. Background





2. General Principles


3. Definitions for the purposes of this Policy






4. Policy Statement





(b) An application in writing must be submitted to Council’s General Manager, Business and Governance (GMBG) by the ratepayer or the ratepayer’s representative providing evidence from an approved financial counsellor or other accredited source (such as a practising accountant or bank manager) of such circumstances referred to in (a) above. The GMBG, under delegated authority from the Council and Council’s Chief Executive Officer (CEO), will provide a recommendation to the Rates Officer based on these details supplied.

Where the value of the proposed remission or postponement exceeds the limits of delegated authority provided under the Act or as stated within this policy to council officers, a report to be considered under the confidential provisions of the Act shall be prepared for the Council’s consideration.

(c) The postponement can be for a fixed period or ongoing basis until the property is

disposed of or sold.



With reference to clause 4.1(b) above, any application for the waiver of rates or charges will be addressed to the GMBG and considered under delegated authority. Where the value of the waiver exceeds the limits of delegated authority imposed by the Council to council officers, a report shall be presented to Council for consideration in a confidence. Such reports will be prepared by the Rates Officer on a needs basis following receipt of a recommendation from the GMBG.

In any event the GMBG, setting aside delegated authority provisions, may report applications made under this clause directly to the Council to be considered in a confidential session of the Council








4.3.3 Financial Hardship – Ratepayers may have interest/fine or part thereof, waived

subject to compliance with the following conditions:













4.6 Confidentiality








In lieu of making an application to Council under the Rates Hardship provisions of the Local Government Act 1999, ratepayers are encouraged to enter into a separate payment arrangement with Council, which is to agree to make rates payments outside of the normal four quarterly instalments if such a proposal will better suit their individual financial circumstances.







Should a ratepayer (applicant) be dissatisfied with the outcome of an application lodged under this policy, the applicant is entitled to have the decision reviewed in accordance with section 270 ‘Procedures for review of decisions and requests for services’ of the Local Government Act 1999. The process is managed in accordance with Council’s Policy Number 6.13 ‘Internal Review of Council Decision Procedure’ which can be found on Council’s website ‘www.light.sa.gov.au’ or by obtaining a hard copy of the policy from the Council free of charge..

5. Council Endorsement

This Policy was adopted by resolution of the Council on …………………..


This Policy is scheduled for review by Council on ………………………….





History 1. Adopted by resolution at the ordinary meeting of Council held Tuesday, 2014 at Item ### Page ###.



APPLICATION FOR RATE RELIEF DUE TO HARDSHIP OR EXTENUATING

CIRCUMSTANCES


The information that you provide on and with this application is required to assist Council to assess your application for rate relief. Please note that the penalty for providing false or misleading information on this form is an offence under the Local Government Act 1999. Assistance with completing this form? If you require assistance to complete the application form, or want more information about rate relief, please contact Council’s Rates Officer on telephone 08 8525 3200. Lodging your application? Once the application form is completed, either:



Fax to: 08 8566 3262


Questions and Information Section

1. General Information Please list the Assessment Number, valuation number and address of the property or properties for which you are applying for rate relief. Assessment Number (4 digits)


Property Address

2. Applicants’s Details Name:


Postal Address:


Email:


3. Is the property for which you are applying for rate relief (listed in Question 1) your principal place of residence? [ ] Yes (If so, what is the Assessment Number …………………..) [ ] No


5. What is your employment status? [ ] Full Time. [ ] Permanent Part Time. [ ] Casual. [ ] Self Employed.







Expenses (fortnightly)

Income (fortnightly)


Payments $




$






Hardship or Extenuating Circumstances Declaration The following arrangements apply to the postponement or remission of rates under Hardship or Extenuating Circumstances. Council may decide in granting approval or postponement of rates (by advising in writing at the commencement of postponement) to charge interest on the postponed amount. The interest rate which will apply is the cash advance rate in line with section 182(2) of the Local Government Act 1999. The interest will be applied to the total amount postponed on a monthly basis, compounded until the amount is paid. Any postponed rates debt (including all charges and interest) is payable at the time of disposal or sale of the property, or when the postponement period is complete (whichever occurs first). However the ratepayer has the discretion to pay all or part of the debt at any time before this. If the application is approved, and a postponed rates debt applies to the property, the ratepayer must inform the Council in writing following the sale of the property. Ratepayer Declaration I understand the above arrangements apply to the postponement or remission of rates under hardship or extenuating circumstances. I declare that the information I have provided in this application is true and correct to the best of my knowledge.


I am prepared to attend an interview to discuss this application further if required. Applicant’s Name


Date

Reasons for the decision Establishment of Council policy and procedure supported legislative requirements of sections 181 and 182 of the Local Government Act 1999.



Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance Executive Summary Report highlights The report provides an update to the report considered at the 19 May 2015 Audit Committee meeting. At that meeting the following resolution was passed:


Report Presenter: June Austin, Acting General Manager-Business & Governance Moved Mr Fairlie-Jones Seconded Mayor O’Brien That the Light Regional Council Audit Committee reviewed the Draft Hardship Policy for Residential Customers of Minor and Intermediate Retailers Policy but requested the matter be adjourned to its June meeting whilst it seeks further information regarding issues surrounding:

• whether provisions of the Local Government Act, 1999 regarding outstanding rates and charges can still apply.

• how this policy relates to CWMS commercial and industrial service recipients, and further

• the implications of the ESCOSA draft policy for Council supply of commercial water activities.

CARRIED In response to the questions asked in the above resolution, the writers understanding is: • the provisions of the Local Government Act 1999 apply. • The proposed policy will not apply to commercial and industrial service recipients, it applies to

residential customers only. • The proposed policy applies to residential customers only, Council’s commercial water

activities applies to primary production and industrial activities (Gawler Water Reuse Scheme, and Greenock CWMS reuse) and to public use activities (Freeling and Kapunda CWMS reuse).

That said, it is the aim of the writer that at some point in the near future the currently proposed (2) council hardship policies be merged into an all encompassing single policy document. For the moment though our proposal is that this particular policy document be passed to resolve the ESCOSA water licencing issues.

Briefly to reiterate the content of the May 2015 report:

• Section 37 of the Water Industry Act 2012 states that a policy in respect of residential customers of water industry entities must be developed to identify those customer suffering difficulties due to hardship.

• Council is a water industry entity fitting the definition of an intermediate retailer (CWMS, customer base of approximately 2580 residential CWMS and Sewer services).

• The water entity must comply with the policy. • The draft policy is prepared using the ESCOSA policy document. The Commission

determined that Council’s draft policy titled “Rates Hardship Policy” (April 2015) did not meet the requirements of the Commission.

• The proposed policy must be read in conjunction with Council’s “Rates Hardship Policy (excluding Water Policy Requirements)”.

Amendments to the May draft policy are highlighted in the colour ‘red’. Budget Impact Estimated Cost: $Unknown


Additional Comments (incl Labour Component if applicable): The expected financial impact to Council’s annual budget and cash flow management is unknown, the effect is dependent upon individual ratepayers circumstances. Council has historically received few applications for hardship relief.

Recommendation That the Light Regional Council Audit Committee recommend to Council that it adopts the Draft Hardship Policy for Residential Customers of Minor and Intermediate Retailer as follows:



Date of Adoption: Current Review Date: Minute Reference: Version Number: Draft, Version 1 Applicable Legislation: Section 37, Water Industry Act 2012


Next Review Date: July 2017 Review Frequency: Every Two Years

1. Purpose






2. Background




In this policy:





• where the context requires, a person seeking the provision of a retail service, and • in prescribed circumstances, a person supplied with retail services as a consumer

or user of those services (without limiting the application of this definition to owners of land), and
















• the sale and supply of sewerage services for the removal of sewage (including but


not limited to community wastewater management systems) (even if the service is not actually used) but does not include any service, or any service of a class, excluded from the ambit of this definition by the regulations (as defined in the Water Industry Act 2012).


















• the customer is eligible for a South Australian Government concession • the customer has been referred by an accredited financial counsellor or welfare

agency






5.1 We will inform a residential customer of this customer hardship policy where it appears to us that non-payment of a bill for retail services is due to the customer experiencing payment difficulties due to hardship, or we are proposing to install a flow restriction device.


• an interest and fee free payment plan (refer to Clause 7 ‘Payment Plans), • Centrelink’s Centrepay service (only where available), or • other arrangement, under which the customer is given more time to pay a bill or to

pay in arrears (including any disconnection or restriction charges), recognising that some residential customers have a short-term financial hardship issue that may be resolved in the near to medium-term, where others may require a different type of assistance for ongoing financial issues.


















5.13 We will also explain to the hardship customer that they will be removed from our hardship program, and be returned to our standard collection cycles, including debt recovery, should they cease to make payments according to the agreed payment arrangement or fail to contact us for a period of greater than 90 days.





7. Payment plans


• the customer’s capacity to pay and current financial situation • any arrears owing by the customer, and • the customer’s expected usage needs over the following 12 month period.



• the duration of the plan • the amount of each instalment payable under the plan, the frequency of

instalments and the date by which each instalment must be paid • if the customer is in arrears – the number of instalments to pay the arrears, and • if the customer is to pay in advance – the basis on which instalments are

calculated. 7.4 We will waive any fees for late payment of a bill for a hardship customer.


8. Debt recovery

8.1 We will suspend debt recovery processes while negotiating a suitable payment


arrangement with a hardship customer.












• Receive a language interpreter service at no cost to the customer. • Be shielded from legal action and additional debt recovery costs, whilst they

continue to make payments according to an agreed payment arrangement. • Not have retail services restricted or disconnected as long as they have agreed

to a payment arrangement and continue to make payments according to an agreed plan.



10.2 We will ensure appropriate training of staff dealing with residential customers in hardship to enable them to treat customers with respect and without making value judgements. Training will also assist staff in the early identification of hardship customers, with establishing payment plans based on a hardship customer’s capacity to pay, and include processes for referral to an accredited financial counsellor or welfare agency for assistance.




11. Confidentiality













This Policy is scheduled for review by Council on …………………………. 17. Availability of Policy


History


Reasons for the decision Establishment of Council policy in accordance with the Water Industry Act 2012. 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT

NIL



9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT

AUD9.4.1/2015 Infrastructure & Asset Management Plan – Draft Inputs and Assumptions

Author: Kieren Chappell, Manager Engineering & Assets Report Presenter: Kieren Chappell, Manager Engineering & Assets Executive Summary Report highlights

• The Council received a progress report on the preparation of the Infrastructure & Asset Management Plan (IAMP) for its major asset groups at its general meeting on Tuesday 28 July 2015;

• The progress report provided detailed background, history and context into the preparation of the IAMP to date, which was considered to be particularly beneficial for newly elected members of the Council;

• The Council requested that Management conduct an IAMP workshop with Elected Members prior to receiving the next version of the Plan to go out on public consultation, to ensure that the subject deservedly receives specific detailed attention;

• The purpose of this report to the Audit Committee is to present some of the key inputs, assumptions and modelling outputs proposed for inclusion in the next version of the IAMP to be considered for public consultation. These items include:

o The asset register data used for asset management modelling, o How the adopted Long Term Financial Plan (LTFP) is converted from nominal values

to real values and assigned to planned operational, maintenance and capital works expenses,

o Conservative assumptions regarding use of the financial benefit received from the Gawler Water Reuse Scheme (GWRS) project,

o Methods for measuring and reporting service levels, o Alternative service level and associated planned capital expense scenario models,

• The detailed report also proposes the style of the document to be prepared for public consultation and recommends the use of a short, appealing brochure/pamphlet style executive summary to assist in generating feedback on the Plan along with electronic survey’s to collate responses on specific issues.

Budget Impact Estimated Cost: $2,000-5,000 Future ongoing operating costs: $Nil Is this budgeted? No Suggested Funding Source: Re-allocation from another budget item. Additional Comments (incl Labour Component if applicable): The estimated cost reported here is the cost to engage a professional graphic designer to prepare a pamphlet/brochure style executive summary of the IAMP, incorporating infographics unique to Light Regional Council. The pamphlet/brochure template could be reused for subsequent iterations of the IAMP with no ongoing operating costs and will therefore be a valuable investment for the future.


Recommendation That the Audit Committee receives the report outlining inputs and assumptions proposed for inclusion in the Infrastructure & Asset Management Plan (IAMP) and recommends to Council that it:

1. Instruct the Chief Executive Officer to continue the preparation of the IAMP in accordance with the inputs and assumptions proposed;

2. Instruct the Chief Executive Officer to investigate the reallocation of 2015/16 budget to engage a professional graphic designer to prepare a pamphlet/brochure style executive summary of the IAMP, incorporating infographics unique to Light Regional Council, to improve the communication of key strategic planning information to the community and encourage broader feedback on the Plan.

Reasons for the decision To review and endorse the inputs and assumptions proposed for inclusion in the Council’s Infrastructure & Asset Management Plan (IAMP). To facilitate wider communication and feedback from the community on the IAMP, which can importantly guide the Council during preparation of the next iteration of the Long Term Financial Plan (LTFP) and IAMP.


Detailed Report Purpose The purpose of this report to the Audit Committee is to present some of the key inputs, assumptions and modelling outputs proposed for inclusion in the next version of the IAMP to be considered for public consultation. These items include:

• The asset register data used for asset management modelling; • How the adopted Long Term Financial Plan (LTFP) is converted from nominal values to real

values and assigned to planned operational, maintenance and capital works expenses; • Conservative assumptions regarding use of the financial benefit received from the Gawler

Water Reuse Scheme (GWRS) project; • Methods for measuring and reporting service levels; • Alternative service level and associated planned capital expense scenario models.

Background The Council received a progress report on the preparation of the Infrastructure & Asset Management Plan (IAMP) for its major asset groups at its general meeting on Tuesday 28 July 2015.The progress report provided detailed background, history and context into the preparation of the IAMP to date, which was considered to be particularly beneficial for newly elected members of the Council. The Council requested that Management conduct an IAMP workshop with Elected Members prior to receiving the next version of the IAMP to go out on public consultation, to ensure that the subject deservedly receives specific detailed attention. History

• Council Meeting 19 May 2009, Item 10.2.2 Infrastructure & Asset Management Plan • Council Meeting 16 June 2009, Item 10.2.2 Minute Book Page Reference 2009/146 • 22 February 2011, Infrastructure & Asset Management Plan Workshop • 10 May 2011, Infrastructure & Asset Management Plan Workshop • 14 November 2011, Infrastructure & Asset Management Plan Workshop • 27 March 2012, Infrastructure & Asset Management Plan Workshop • Audit Committee Meeting 10 April 2012, Item 9.2.1 Infrastructure & Asset Management Plan • Council Meeting 24 April 2012, Recommendation from Audit Committee Meeting Item

9.2.1/2014 Infrastructure & Asset Management Plan • 2 October 2012, Infrastructure & Asset Management Plan Workshop • 25 February 2014, Road Surface Manager Presentation and Workshop • Audit Committee Meeting 18 March 2014, Item 9.2.2/2014 Road Asset Revaluation Dated 1

July 2013 • Audit Committee Meeting 18 March 2014, Item 9.2.3/2014 Land & Buildings Asset

Management • Council Meeting 25 March 2014, Recommendation from Audit Committee Meeting Items

9.2.2/2014 and 9.2.3/2014 • Council Meeting 28 July 2015, Item 11.3 Update on Preparation of Infrastructure & Asset

Management Plan (IAMP) Discussion/Analysis The widely adopted format for preparing and presenting Asset Management Plans in Australia is through using the templates and modelling capabilities of the National Asset Management Strategy’s NAMS.PLUS3 system. Council subscribes to NAMS.PLUS3 and has utilised this method for preparing draft versions of the Transport, Stormwater, Bridges and Community Wastewater Management System (CWMS) Chapters of the Infrastructure & Asset Management Plan (IAMP). More detail on the NAMS.PLUS3 system can be found online at http://namsplus.ipwea.org.au/index.asp .

http://namsplus.ipwea.org.au/index.asp


The NAMS.PLUS3 asset management modelling system requires the population of an excel spreadsheet template to:

• Stipulate growth assumptions (i.e. estimate the vesting of new assets to Council over the 20 year planning period, typically from land development);

• Upload asset register data, including: o Unique identification numbers for each asset, o Identification of the asset group or sub-group, for filtered reporting capability, o Asset names and description, o The year each asset was acquired and its useful life (essentially calculating the

remaining useful life until expiry/renewal), o Each asset current replacement cost (asset valuation), o Each asset renewal cost (excludes any residual value).

• Input planned expenditures over the 20 year planning period, including annual: o Operations budgets, o Management budgets, o Asset Management systems budgets, o Reactive, planned and specific maintenance budgets, o Capital renewal and upgrade/new budgets.

The excel spreadsheet template also allows input of more advanced planning data such as the estimated cost to dispose of assets and the carrying value of those disposed assets. Additional expenditure outlays identified in Infrastructure Risk Management Plans can also be input into the modelling spreadsheet. Finally, the entire asset stock values (current replacement cost, depreciable amount, depreciated replacement cost and annual depreciation expense) can be entered for the start of the planning period, which are used to model the asset growth in accordance with the assumptions adopted. Following the input of data into the NAMS.PLUS3 excel spreadsheet template, the data is uploaded to the NAMS.PLUS3 website enabling a series of graphs and reports to be generated from the online modelling software. The standard graphs and reports are designed to be pasted directly into the NAMS.PLUS3 Asset Management (AM) Plan template, a word document the covers the various aspects of a best-practice Plan. The following sections discuss the inputs and assumptions proposed to be used by Council’s Management for the next version of the IAMP. Growth Assumptions The version of the IAMP being drafted does not propose to model growth and therefore the NAMS.PLUS3 expenditure templates model 0% growth. The amount of infill and new greenfields growth expected to occur during the life of the IAMP, prior to its next revision, is considered to be minimal and may even complicate understanding of the first version of the Plan to be released publicly. Also, the more significant growth proposed in the form of the Roseworthy Township Expansion is planned to be modelled separately using the Deloitte Access Economics “Economic Impacts Scenario Assessment Model”, developed for the Local Government Association of South Australia. So, the second iteration of the IAMP can include the growth modelling for the Roseworthy Township Expansion and also any significant other greenfields developments that may have commenced by then (e.g. Five Shillings Estate in Kapunda). Asset Register Data The assets proposed to be included in the IAMP consist of:

• Transport Assets; • Stormwater Assets; • Bridges Assets; • Community Wastewater Management System (CWMS) Assets; and • Buildings and Major Structures assets.


Council maintains asset registers that include Plant, Equipment, Furniture & Fittings as well as Land and Minor Structures. These assets are proposed to be excluded from the IAMP as their value is not material to the Plan and significant effort may be required to define their status. Council is currently completing a revaluation of its assets, dated 1 July 2014. This task has incorporated a full revaluation of the land and buildings asset group, whereby a consultant has inspected each asset within that group and revalued it in accordance with the accounting standards. This task is not yet complete and Council is currently awaiting the deliverables of the consultants revaluation work before it can formally upload the data to its asset register software (Conquest). The asset revaluation dated 1 July 2014 will also involve the upload of the Transport asset group condition survey data collected in 2013 and 2014. Council utilised the services of the Australian Road Research Board (ARRB) to carry out the majority of the field condition survey in order to get significantly more detailed, accurate, less subjective, repeatable defect data to evaluate the condition of each road segment. Following collation and analysis of the transport asset defect/condition data, Council staff (as well as ARRB and Tonkin Consulting, the independent valuer) concluded that it could not upload the data using the condition rating methodology that it had used previously. The new dataset typically collected defect data at 10 metre intervals which were then averaged over the entire length of each road segment to assign an average defect score. Upon analysis, those average defects scores were typically less deteriorated than the historical road segment defects scores. The data was essentially showing that roads had improved in condition over the 4-5 years since the previous data collection which, following field inspections to check, has typically not occurred. This was an unexpected result of collecting more accurate defect data. The historical data was collected through visual inspection of entire road segments at a time, with the assessor using ‘judgement’ to assign an overall segment defect score. With hindsight, this subjective approach has shown that the defect scores were probably weighted towards a more deteriorated state. The existing overall condition rating formulas then essentially ‘dilute’ the more deteriorated historical defect survey data to arrive at the overall condition recorded in the asset register. This issue has caused the Council to reconsider its condition rating formula’s which derive an overall condition rating for each road segment. Council staff are currently working with both the ARRB and Tonkin Consulting to revise the condition rating formula’s to more accurately reflect the actual condition of the roads using the defect data collected in 2013/14. This work needs to occur prior to uploading the new Transport condition survey data. Given the current status of the asset revaluation dated 1 July 2014, it is proposed to use asset register data dated 30 June 2014 for inclusion within the IAMP. Awaiting the completion of the 1 July 2014 revaluation would further delay the preparation of the IAMP. Also, the revised condition rating methodology which will define the condition of the transport assets may skew the road surface modelling results that are intended to be used to report road service levels in the IAMP over the 20 year modelling period. In order to keep a consistent analysis of the road network (the largest asset group and arguably the best indicator of sustainability), the road surface modelling parameters used will be consistent with those reported to the Council in March 2014. The assets proposed to be covered in the IAMP, as per the asset register data at 30 June 2014, are summarised in Table 1. Table 1 - Major Asset Groups in the IAMP

Asset Category Dimension Replacement Value TRANSPORT Sheeted Road Surfaces Sealed Road Surfaces Footpaths & Shared Paths Kerb & Gutter Road Pavements Gomersal Rd – Surface & Pavement Other

790 km total length 162 km total length 33.5 km total length 182 km total length 162 km total length 14.8 km total length N/A

$34.6M $12.7M

$3.2M $22.0M $25.7M

$6.2M $1.1M

Subtotal $105.5M


Asset Category Dimension Replacement Value STORMWATER Pits Pipes & Culverts Headwalls Cross Drains Stormwater Quality Improvement Devices Floodways Other

1,647 (no. of) 45.4 km total length 577 (no. of) 950 (no. of) 16 (no. of) 69 (no. of) N/A

$4.2M

$14.5M $0.7M $4.6M $0.3M $0.8M $0.5M

Subtotal $25.6M

BRIDGES Box Culvert Vehicular Bridges Single/Multi Span Vehicular Bridges Footbridges

12 (no. of) 24 (no. of) 3 (no. of)

$2.9M $8.7M $0.4M

Subtotal $12.0M

COMMUNITY WASTEWATER MANAGEMENT SYSTEMS (CWMS) Inspection Points Gravity Drains Rising Mains Pump Station Components Wastewater Treatment Plant Components Recycled Water Mains Recycled Water Pump Station Components

3022 (no. of) 80.5 km total length 15 km total length 109 (no. of) 109 (no. of) 5.7 km total length 25 (no. of)

$1.7M $10.6M

$1.8M $0.8M $2.9M $0.7M $0.4M

Subtotal $18.9M

BUILDINGS & STRUCTURES Operational Community Recreational Public Amenities Burial Grounds Other

80 asset records 90 asset records 421 asset records 24 asset records 17 asset records N/A

$5.0M

$13.3M $11.0M

$0.9M $0.3M $1.5M

Subtotal $32.0M

TOTAL $194 M Conversion of LTFP to Planned Operations, Maintenance and Capital Expenses The recently adopted Long Term Financial Plan (LTFP) has been prepared in nominal values with many assumptions outlining the rates of inflation for various financial input variables. The limitations of the NAMS.PLUS3 and Road Surface Manager (RSM) asset management modelling systems are such that they require planned expenditures to be input in real (that is net of the effects over time of the general rate of inflation) rather than nominal values. This section of the report explains how the adopted LTFP has been converted from nominal to real values for input into the IAMP modelling. The Income Statement component of the LTFP 2015/16-2024/25 is used as the base data for the conversion. The conversion attempted for this purpose is not expected to be 100% accurate, but acceptable for the IAMP modelling. The conversion steps are summarised below and reference Figure 1:

• Under Operating Expenses, the Depreciation, Amortisation and Impairment figure for Year 1 of the LTFP has been replaced with the sum of:

o CWMS Depreciation o Plant & Equipment Depreciation o Furniture & Fittings Depreciation

• Subsequent year figures for Depreciation, Amortisation and Impairment are calculated by indexing the Year 1 figure at 3%, consistent with the general assumption for depreciation contained in the adopted LTFP.

• The resultant Operating Surplus/(Deficit) Before Capital Amounts for each year of the Plan are converted from nominal values to real values by dividing by the indexation factor of 3% (e.g. Real = Nominal / 1.03Y , where Y = Year of the Plan)


• The real Operating Surplus/(Deficit) Before Capital Amounts for each year are assumed to be used for Capital expenses such that a breakeven operating surplus/(deficit) result would occur (i.e. the Income Statement is balanced).

The resultant Income Statement calculation, as described above, is shown in Figure 1. The bottom row, shaded green, is the overall Planned Capital Expense budget modelled in the IAMP. The CWMS, Plant & Equipment and Furniture & Fittings Assets have been subtracted from the Operating Surplus to calculate the remaining budget available for planned capital expenses for the following reasons:

• CWMS Assets have a separate rating income and management process under the Local Government Act 1999 and this income is essentially quarantined from being able to be expended on other asset groups. The CWMS asset full annual depreciation amount is therefore assumed to be expended (quarantined) in each year of the Plan.

• The depreciation calculated for plant, equipment, furniture and fittings (minor assets) will be fully expended as capital renewal for each year of the IAMP. This assumption is deemed appropriate given the generally short lives of these assets (typically under 10 years) and the important service that they provide to Council’s operations (e.g. Management may find it difficult to decline the purchase of new office chairs or equipment once the old ones have expired and potentially become an occupational health/safety hazard).


Figure 1 - LTFP Income Statement Conversion

1 2 3 4 5 6 7 8 9 102014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025

ACTUAL ADOPTED BUDGET YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10

OPERATING INCOMERates 14,847,205 15,463,162 16,154,195 17,374,167 18,109,328 18,725,118 19,362,532 20,022,329 20,705,296 21,412,246 22,144,022 22,901,496 Statutory charges 411,396 411,996 413,479 427,950 442,929 458,431 474,476 491,083 508,271 526,060 544,472 563,529 User charges 160,318 134,112 128,647 98,605 102,010 105,591 109,237 113,010 116,913 120,951 125,129 129,452 Grants, subsidies and contributions 992,750 1,093,800 1,494,733 1,206,657 1,214,123 1,221,849 934,557 942,834 951,401 960,267 969,444 978,942 Investment Income 60,403 56,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 30,000 Reimbursements 108,173 25,968 23,861 17,451 18,062 18,694 19,349 20,026 20,727 21,452 22,203 22,980 Other Income 406,531 183,563 217,893 221,699 215,463 234,103 227,867 236,672 241,164 250,518 255,416 265,357 TOTAL INCOME 16,986,775 17,368,601 18,462,808 19,376,530 20,131,915 20,793,787 21,158,018 21,855,953 22,573,770 23,321,495 24,090,687 24,891,757

OPERATING EXPENSESEmployee Costs 6,425,461 6,403,990 6,555,053 6,751,705 6,954,256 7,162,886 7,302,049 7,521,110 7,746,744 7,979,146 8,218,520 8,465,076 Materials, contracts and other services 5,934,579 6,544,833 6,876,362 7,013,856 7,260,081 7,811,909 8,057,311 8,324,996 8,686,363 9,025,186 9,233,864 9,540,842 Depreciation - CWMS, Plant, Equipment, Furniture & Fittings (3% Indexation) 5,183,956 475,156 859,385 885,166 911,721 939,073 967,245 996,262 1,026,150 1,056,935 1,088,643 1,121,302 Finance Costs 548,305 543,327 682,664 836,430 781,460 717,537 684,020 648,640 611,293 571,869 530,250 514,921 Share of loss - joint ventures & associates 18,836 - - - - - - - - - - Operating Project Expenses-NewOperating Project Expenses-Carried Forward TOTAL EXPENSES 18,111,137 13,967,306 14,973,464 15,487,157 15,907,519 16,631,405 17,010,625 17,491,009 18,070,551 18,633,136 19,071,277 19,642,142

OPERATING SURPLUS / (DEFICIT) BEFORE CAPITAL AMOUNTS (1,124,362) 3,401,295 3,489,345 3,889,373 4,224,396 4,162,382 4,147,393 4,364,945 4,503,219 4,688,359 5,019,410 5,249,615

Gain (loss) on disposal of assets (869,415) 378,000 Amounts specifically for new or upgraded assets 1,767,256 60,000 1,480,250 15,000 15,000 15,000 - - - - - - Physical resources received free of charge (estimate) 652,119 - - - - - - - - - - - NET SURPLUS (DEFICIT) 425,598 3,839,295 4,969,595 3,904,373 4,239,396 4,177,382 4,147,393 4,364,945 4,503,219 4,688,359 5,019,410 5,249,615

OTHER COMPREHENSIVE INCOMEChanges in revaluation surplus - infrastructure, property, plant & equipment 16,537,465 - - - - - - - - - - - Share of other comprehensive income - joint ventures and associates 13,473 - - - - - - - - - - - Share of other comprehensive income - equityaccounted Council businesses 220,325 - - - - - - - - - - - TOTAL COMPREHENSIVE INCOME 17,196,861 3,839,295 4,969,595 3,904,373 4,239,396 4,177,382 4,147,393 4,364,945 4,503,219 4,688,359 5,019,410 5,249,615

Back-calculated Capital Budget to Achieve Nil Operational Surplus/(Deficit), 3% Indexation Removed 3,387,713 3,666,107 3,865,920 3,698,223 3,577,577 3,655,572 3,661,529 3,701,034 3,846,960 3,906,207

2015/2016 TO 2024/2025INCOME STATEMENT

DRAFT LONG TERM FINANCIAL PLANLIGHT REGIONAL COUNCIL


GWRS Project Benefit Assumptions As has been reported elsewhere to the Audit Committee and Council, the Gawler Water Reuse Scheme (GWRS) Project is expected to provide financial benefit to the Council in the form of annual operational Project surpluses for a period of 6 or 10 years until the Private Partner has options to pay out the Council’s loan which funded the Project. If the Project is taken out by the Private Partner (or others), a further capital financial benefit can be expected at that time. The actual annual operational Project surpluses will vary from year to year and are primarily influenced by the harvestable volume of stormwater flowing in the Gawler River that could be captured and reused by the GWRS adjacent Wingate Road. Historical flow data for the Gawler River is available at locations upstream and downstream of the GWRS harvest location, however in some years the data is considered unreliable. In order to assess the potential GWRS operational surplus, the historical Gawler River flow data has been used to model volumetric scheme yields of the GWRS if it were operational for the period of the historical River flow dataset. The flow dataset shows large variances in stormwater harvest from zero in some years to the full 1.6GL authorised to be taken in any one year. Whilst the average harvestable volume produces a very healthy operational Project surplus, more detailed review of the modelling period shows that successive years of drought has occurred which produces much lower operational Project surplus. Given the variability in climate in South Australia contributing to the Project financial benefit, a conservative (worst case scenario) approach has been taken when modelling the GWRS operational Project surpluses for inclusion in the IAMP. Under this worst case GWRS model scenario it has been assumed that:

• 500ML/yr of Bolivar water is purchased by the Council to offset low volumes harvested from the Gawler River, in order to boost the GWRS supply volumes to better meet the main Consumer’s needs and avoid/reduce rebates applied to the Sublicense Fee received by the Council.

• The average supply of Gawler River water over a 6 year period is 896ML/yr and that this could occur over a longer period (i.e. 10 years).

• The scheme is not taken out by the Private Partner within the LTFP/IAMP modelling period. Under these conservative assumptions, the LTFP model used for the IAMP incorporates a modest annual operational Project surplus of $105,727/yr for the 20 year planning period. Implementation of a project-specific treasury management policy for the GWRS will be the subject of further reports to the Council. Allocation of the Real Planned Capital Expenses to Renewal/Upgrade Works and each Asset Group Having calculated the available Capital works budget in real values, some assumptions are required to split the budget into renewal and upgrade works as well as across the major asset groups to be modelled. Workshops with Elected Members of Council in October 2012 and February 2014 sought feedback to rank the priority services to be provided by the major asset groups and desirable allocation of capital works budgets to renewal or new/upgrade projects. The feedback provided by the Council via those workshops, which has subsequently been used to set annual capital budget allocations and works programs, is summarised below:

• Approximately 15% of the available capital works budget was desired to be allocated to new/upgrade works projects, more specifically for:

o Sealing unsealed township streets, o Installing new paved footpaths, o Constructing new stormwater management infrastructure in accordance with

Stormwater Management Plans • The 15% allocation to new/upgrade works is aimed at reaching a minimum, equitable service

standard across all major townships over a 30 year period (aligned with the planning timeframe with the 30 year Plan for Greater Adelaide) for those identified priority services.


• Allocation of the renewal budget to asset groups and sub-groups is to be prioritised to best sustain service levels over the planning period, in the following order of priority:

o Transport (Sealed Roads > High Class Rural Sheeted Roads > Bridges > Township Footpaths > Low Class Rural Sheeted Roads > Bike and Shared Paths)

o Stormwater o Community Services* o Open Space, Sport & Recreation* o Tourism and Public Art*

* Services predominantly provided by buildings and major structures assets. The planned capital works breakdown used for modelling asset services levels is shown in Table 2. Table 2 - Budget Allocation to Asset Groups

WORKS TYPE

ASSET SUB-GROUP EXPENSE ALLOCATION

RENEWAL (85%)

Rural Sealed 10%

Rural Sheeted 60%

Town Sealed 4%

Pavement

1.5% Floodways

Footpaths

Culvert

Bridge 3.5%

Building & Structures 6%

UPGRADE / NEW (15%)

Sealing Unsealed Township Roads 8%

Township New Footpaths 3%

Stormwater Upgrade Projects 4%

Methods for measuring and reporting service levels The NAMS.PLUS3 AM Plan template typically reports on community, technical and desired levels of service. As the IAMP has not yet been released to the community for consultation, specific community levels of service are yet to be identified and the Council is somewhat reliant on partly filtered Customer Service Request data and the Local Government Association of South Australia Comparative Performance Measures in Local Government Customer Satisfaction survey. The Council can collate and report on technical levels of service for some asset groups. Statistics such as the km’s of road graded per road class, the number of public lights that meet pedestrian category standard for illuminating streets, the affordable frequency for renewing roads and bridges and the timeframe required to complete upgrade programs are all proposed to be reported on as technical levels of service.


Based on the planned capital renewal/upgrade expenses and allocations to each asset group described earlier, the current technical level of service can be reported. Desirable levels of service, based on the previous feedback provided by Elected Members and community can be reported on. The knowledge of asset managers can also be drawn upon to state desired levels of service. For example the desired frequency of re-sheeting roads to avoid clay subgrades from breaking through (and potentially bogging vehicles) can be reported based on historical observations of sheeting degradation/rubble loss over time. Table 3 is a draft table reporting on current and desired technical levels of services, with estimates of the annual planned capital expenses required to sustain those levels of service. An agreed sustainable level of service is included in the table but requires at least one iteration of consultation with the Council and community, through the release of the IAMP and LTFP, before it can be formally documented. A draft position based on the adopted LTFP and assumptions stated herein is presented for consideration. The cost to provide some levels of service are still being quantified.


Table 3 - Draft Technical Levels of Service

Service Attribute Service Objective Activity Measure Process Current Performance * Desired for Optimum Lifecycle Cost ** Agreed Sustainable Position *** TRANSPORT LEVELS OF SERVICE Operations/Maintenance Unsealed Roads Roads are safe and fit for

purpose Maintenance Grading km’s/year

Class 1 – 275 km’s graded in 2013/14 Class 2 – 329 km’s graded in 2013/14 Class 3 – 470 km’s graded in 2013/14 Class 4 – 221 km’s graded in 2013/14

Class 1 – 630 km’s (5 grades/year) Class 2 – 552 km’s (3 grades/year) Class 3 – 696 km’s (1.5 grades/year) Class 4 – 248 km’s (0.5 grades/year)

Current maintenance grading operations is governed by natural rainfall, providing moisture for suitable re-compaction of the road surface. Current practices are considered to be appropriate and may only be marginally improved through costly use of water carts.

Budget $360K $590K $360K Public/Street Lighting

Township streets illuminated at night for safety and amenity

Number and proportion of township streets complying with P5 category street lighting in accordance with AS 1158.3.1

16 streets out of 456 456 streets out of 456 To Be Determined

Budget $207K for 1,192 Lights $???K for ?? Street Lights Business Case being prepared to transition existing street lights to LED’s. Long term energy savings proposed to fund replacements and potential infill lighting to meet P5 standard where considered economical.

Renewal Roads Roads are safe and fit for

purpose No. of road segments in poor condition. Road Type Class/Use

No. in Poor Condition (e.g. only)

Sealed Township

High Use 1 Medium Use 3 Low Use 5

Sealed Rural High Use 0 Medium Use 0 Low Use 0

Sheeted Rural

Class 1 0 Class 2 High Use 0

Class 2 Low Use 5 Class 3 4

Road Type Class/Use No. in Poor Condition

Sealed Township



Sheeted Rural



Road Type Class/Use No. in Poor Condition (e.g. only)

Sealed Township



Sheeted Rural



Frequency of re-surfacing Road Type Class/Use Frequency (years)

Sealed Township

High Use 15-25 Medium Use 21-30 Low Use 18-37

Sealed Rural High Use 15-31 Medium Use 15-33 Low Use 18-25

Sheeted Rural

Class 1 12-14 Class 2 High Use 15-24 Class 2 Low Use 26-30 Class 3 27-35

Road Type Class/Use Frequency (years)

Sealed Township

High Use 15-25 Medium Use 15-25 Low Use 15-25


Sheeted Rural

Class 1 12 Class 2 High Use 15 Class 2 Low Use 20 Class 3 25

Road Type Class/Use Frequency (years)

Sealed Township High Use 15-25 Medium Use 21-30 Low Use 18-37


Sheeted Rural

Class 1 12-14 Class 2 High Use 15-24 Class 2 Low Use 26-30 Class 3 27-35

Budget $2.5M $2.87M $2.5M Upgrade/New Sealed Roads Township streets

constructed to meet users’ needs

Number of years to seal all identified unsealed township streets (71 road segments)

39 years 12 years 39 years


Service Attribute Service Objective Activity Measure Process Current Performance * Desired for Optimum Lifecycle Cost ** Agreed Sustainable Position *** Footpaths Township footpaths

constructed to users’ needs

Number of years to construct all identified footpaths (55 footpath segments)


Budget $370K $1.1M $370K STORMWATER LEVELS OF SERVICE Operations Drainage, Water Quality Improvement and Stormwater Reuse Infrastructure

Stormwater drainage, quality and supply for reuse to meet users’ needs

Number of years to complete all major township Stormwater Management Plans

2 2 2

Flood resilience Effective communication of flood risk and strategies for flood resilience

Frequency of Participation in SES Floodsafe Program

Annually Every 2 years Every 2 years

Budget $40K $37.5K $37.5K Upgrade/New Drainage, Water Quality Improvement and Stormwater Reuse Infrastructure

Stormwater drainage, quality and supply for reuse to meet users’ needs

Number of years to complete infrastructure upgrades recommended in Stormwater Management Plans


Budget $154K $290K $154K BRIDGES LEVELS OF SERVICE Renewal All bridges Bridges are safe and fit for

purpose Average frequency of bridge replacement/renewal

95-120 years 80-100 years 95-120 years

Budget $130K $115K $130K TOTAL BUDGET – TRANSPORT, STORMWATER & BRIDGES LEVELS OF SERVICE

$???M $???M $???M


Council’s asset managers have the ability to carry out predictive modelling of the road network using the Road Surface Manager (RSM) software that utilises condition and road segment data within the asset register software (Conquest). Although this predicative modelling software can only be used for the road assets, this asset sub-group makes up over ¾ of the annual depreciation of all assets combined. Therefore, modelling the service level provided by the roads is considered to be a relatively good representation of modelling all asset services levels, particularly in the absence of being able to model all asset groups. The RSM software has the ability to model various capital works budgets to drive annual works programs. The works programs can select road segments using priority (i.e. include the most important roads first), condition (i.e. include the roads in the worst condition first) or a weighted combination of both of these criteria. Depending on the weighting of condition and priority applied to the model and the available capital works budgets modelled, road segments will either be treated in the works programs or deferred (therefore deteriorating and providing a poorer service level). The raw model outputs from RSM are somewhat limited and are time consuming to prepare in a format that is easily understandable. A standard graph is output for each model run, graphing the average condition of the road network in each year of the model. This provides a general indication of how well the modelled budget and program is sustaining the condition of the road network as a whole, however it does not provide detailed information about the number of (and which) roads that are modelled to be in poor condition and might not meet the desired needs of road users. Council’s asset managers have prepared more detailed RSM model output reports that collate the quantity of roads in five common service conditions:

• Excellent Condition – Only planned maintenance required, • Very Good Condition – Minor maintenance and planned maintenance required, • Good Condition – Significant maintenance required, • Fair Condition – Significant renewal required, • Poor Condition – Beyond useful life.

For each budget model scenario, the roads in each of the condition brackets stated above can be reported at years 10 and 20 of the model. Further reporting of the quantity of roads in each condition bracket filtered by their road class is available, to ensure that the model is prioritising renewal works in accordance with the set priority/condition parameters. The RSM output report templates created by Council’s asset managers can be more informative, showing the number of roads predicted to be in poor condition during and at the end of the modelling period. Spatial mapping can also be prepared showing which road segments are modelled to be in the condition brackets in a specified year (usually the last) of the modelling period. These tools can assist the current Council to highlight that budget decisions made now can affect future communities and their representative Council. There is risk that, without predictive model reporting, current Councils could defer raising additional income through general rates such that poor road condition may progressively become a significant problem for future generations. Some may argue that if predictive modelling was available to the Council 10 or 20 years ago then budgetary decisions could have been made at that time to increase rating income, which may have resulted in better service levels for the community today. An example of the template output created for the RSM model results is provided in Figure 2. The RSM scenario modelled in this example is the adopted LTFP, converted to real values and allocated as capital road renewal in accordance with the percentage splits reported earlier in this section. The modelling shows general improvement of road network condition (from average of 34% deteriorated to 26% deteriorated) over the 20 year period. More detailed results show that there is an 11km reduction in length of roads in poor condition and a shift in location of those poor roads from higher class roads to lower class roads over time. As there remains a portion of the road network in poor condition under this modelling scenario, there would need to be some discipline shown by Council’s Management and Elected Members to not waiver significantly from the budgets and works programs modelled to ensure the outcomes are achieved at the end of the period. A reactive approach is not expected to achieve the model outcomes.


Year 20 of the RSM model reported in Figure 2 has been mapped in the GIS and presented in the figures after the RSM Model output template. The whole Council area is shown in Figure 3, along with zoomed in views of two township areas (Hewett in Figure 4 & Roseworthy in Figure 5). Once again, the red coloured roads are those in poor condition in Year 20 of the model, which have also been labelled with their roads names.



Figure 2 - RSM Model Output Template

Figure 3 - Year 20: Road Condition across the entire Council District


Figure 4 - Year 20 Road Condition in Hewett Figure 5 - Year 20 Road Condition in Roseworthy


Alternative service level and associated planned capital expense scenario models When the Council considered several rating models as part of adopting the most recent LTFP, the associated IAMP model scenario articulating the level of service that could be provided by the major assets was not available. Despite the unavailability of this information, the Income Statement does inadvertently consider service levels provided by assets through the inclusion of annual depreciation in the operating surplus/(deficit) calculation (before capital amounts). For those years where an operating deficit occurs, the Council would not expect to have sufficient rating income to carry out capital works to match its annual depreciation figure. Whilst the projected capital expenses from the asset register (used to calculate the annual depreciation) does not necessarily show even expenditure every year of the LTFP, the fact that over ¾ of the asset stock value is made up of transport assets having lower useful lives would suggest that operating for several years under a deficit would create a backlog of works. Hence it is prudent to create a LTFP that achieves operational surplus as soon as possible. To assist with the next iteration of the LTFP, RSM modelling for several rates models and community consultation on the IAMP is proposed to seek feedback on whether the community is happy with the projected services levels associated with the adopted LTFP. Those who are not comfortable with the level of service being provided may be prepared to raise additional rates and provide a higher level of service. In keeping some consistency with historical RSM modelling and rates modelling strategies, the following RSM model scenarios are proposed to be communicated in the IAMP:

A. Adopted LTFP Service Levels B. Asset Service Levels: LTFP + Additional 1% Rate in the $ Rise C. Asset Service Levels: LTFP + Additional 1.75% Rate in the $ Rise D. Asset Service Levels: LTFP with no asset upgrades

Model A has been described throughout this report. Model D incorporates the same overall planned capital expenditure budget as Model A, however no new/upgrade programs would be undertaken. This essentially increases the asset renewal budget used in the RSM model and produces better road condition results after 20 years. Models B and C retain 15% allocation of the available capital works budget to new/upgrade projects, however the total available budget is increased due to additional rating increases (applied each year of the LTFP for the first 10 years) involving 1% and 1.75% respectively. These models result in progressively better road condition results after 20 years and earlier completion of the identified new/upgrade works programs. In each scenario model, Years 11-20 of the planning period assume no increase in real planned capital expenses from Year 10. For Models B & C, the additional 1% and 1.75% rating increases (along with any rating increases adopted as part of the current LTFP that are over and above the assumed increase in depreciation) would therefore not be applied from Years 11-20. Methods for communicating the IAMP and seeking feedback The NAMS.PLUS3 template creates a detailed and lengthy document. The draft AM Plan prepared for Council’s major asset groups using this template is already over 60 pages long without the addition of appendices that might include the RSM model outputs, etc. The size of the detailed document may therefore not encourage a great deal of community feedback given that it is expected to be time consuming to read. Ideally, the three strategic documents prepared by the Council (Strategic Plan, Long Term Financial Plan and the Infrastructure & Asset Management Plan) should have succinct executive summaries publicised widely throughout the community to maximise their exposure and potential feedback to inform the Council in its decision making. Modern technology enables electronic forms of media to distribute key information to a very wide audience extremely quickly, particularly if it is graphic/visual. Together with more conventional forms of communication, the IAMP could be a test case for releasing an executive summary through social media or at least in a pamphlet/brochure style, say for inclusion with rates notices.


Releasing an executive summary electronically also provides a mechanism for the community to respond quickly, through electronic means whereby the results can be easily categorised for analysis and reporting back to the Council. Such response mechanisms could include short online surveys that take no longer than 10-15 minutes to complete. Many responses via online surveys, combined with even a few detailed responses through traditional written submissions, could provide meaningful feedback to drive the next iteration of the LTFP (and IAMP). The recent report to Council updating progress on completing the IAMP discussed the use of infographics within a pamphlet/brochure style executive summary of the Plan. There are many examples of Local Government using this visual style of presentation to effectively communicate complex issues. Preliminary investigation into engaging a local graphic designer to develop infographics for the IAMP, which could be used repeatedly for subsequent iterations of the Plan, indicates that a budget of $2K-$5K could prepare a professional brochure. Such initial investment may not need to be ongoing for subsequent iterations of the IAMP, as only the statistics on the graphics may need to be changed. Conclusion There has been recent significant progress in preparing the Infrastructure & Asset Management Plan for Council consideration and community consultation. The current status of asset revaluation dated 1 July 2014 has led to Council’s Management proposing to use asset register data dated 30 June 2014 for preparing the IAMP, so that it won’t be further delayed for release to the public. Various high level assumptions used for modelling financial parameters and service levels throughout the 20 year planning period of the IAMP have been outlined in this report for Audit Committee comment. References Legislation Local Government Act 1999 Council Policies Asset Capitalisation Policy Strategic Plan Section 2.4A – Issue Identification, Internal Goals & Strategies – I) Governance

Section 2.4A – Issue Identification, Internal Goals & Strategies – IV) Infrastructure & Asset Management Plan

Section 2.4A – Issue Identification, Internal Goals & Strategies – V) Long Term Financial Plan

Section 3.3 – What We Deliver – Outcome Categories and Strategies

• Strategic Reviews / Studies • Capital Projects • Service Delivery, System & Policy Improvements • Maintenance

Section 3.4 – Our Focus – Seven Key Goals & Strategies

• Fostering local & community opportunities


AUD9.4.2/2015 Gawler Water Reuse Scheme Project – Assessment of Financial Benefit

Folder ID: 22475 Author: Kieren Chappell, Manager Engineering & Assets Report Presenter: Kieren Chappell, Manager Engineering & Assets Executive Summary Report highlights • The Council considered a progress report on the Gawler Water Reuse Scheme (GWRS) at its

meeting on 28 July 2015; • At the July 2015 meeting, the Council acknowledged the submission of a Consortium application

into Round 2 of the Regional Development Fund (RDF) program to extent the GWRS and connect it to the Virginia Pipeline Scheme (VPS). If successful, this extension seeks $1.25M in grant funding to construct the relevant infrastructure, with the Consortium partner planting additional 94 hectares of vineyard valued at $3.75M;

• GWRS Project financial and water balance modelling shows that it is beneficial to all Stakeholders to access VPS water, particularly during times of drought. This is further supported by financial modelling included in the detailed section of the report;

• Whilst agreements to secure supplies of VPS are currently being negotiated, firm offers have been received and are pending engineering detail around the connection and operational characteristics before being finalised. A decision to execute such agreements is not required until certainty around the RDF program application is known;

• The Project financial model reported in the detailed section is proposed to be the subject of an upcoming Council management workshop to develop a Project-specific treasury management policy, as instructed by the Council at its 28 July 2015;

• Council’s Management is happy to receive comments on the Project financial model or recommendations for the Project-specific treasury management policy

Budget Impact Estimated Cost: $21.4M Future ongoing operating costs: $Variable Is this budgeted? Yes

Sufficient Funds? YES, $10.7M GRANT & $11M LGFA LOAN, ONGOING VIA SUBLICENSE FEE

Additional Comments (incl Labour Component if applicable): Refer detailed report for Project financial modelling.


Recommendation The Audit Committee resolves that it:

1. Receives the Gawler Water Reuse Scheme report assessing the Project financial benefit;

2. May provide separate comment to Council’s Management to inform a future workshop on the development of a Project-specific treasury management policy for the Council’s consideration;

Reasons for the decision To acknowledge the latest assessment of financial benefit estimated to be provided by the Gawler Water Reuse Scheme and provide advice to Council’s Management that may inform the development of a Project-specific treasury management policy.


Detailed Report Purpose To present the latest assessment of financial benefit associated with the Gawler Water Reuse Scheme Project and seek the opinion of the Audit Committee on how any financial benefit from the project is best managed. Background Detailed Project background can be found in the historical reports listed under the History section of this report. At its 28 July 2015 meeting, the Council resolved that it:

1. Receives the executed (second) Deed of Variation in relation to the National Urban Water and Desalination Plan: Gawler Water Reuse Scheme;

2. Acknowledges the Stage 2 application submitted into Round 2 of the Regional Development Fund program for a Project entitled Water Security for the Western Barossa Valley;

3. Instructs the Chief Executive Officer to prepare a Project-specific treasury management policy associated with the Gawler Water Reuse Scheme, for its consideration.

History

• Council Meeting 15 September 2009 – Item 11.2 Gawler River Stormwater Harvesting Funding Application.

• Council Meeting 8 December 2009 – Item 10.4.3 Gawler River Stormwater Harvesting and Reuse Scheme.

• Council Meeting 18 May 2010 – Item 10.4.1 National Water Commission (NWC) Funding Agreement for Managed Aquifer Recovery (MAR) and Urban Stormwater Harvesting in Greater Gawler Feasibility Study.

• Council Meeting 25 January 2011 – Item 11.4.1 National Water Commission (NWC) Funding Agreement for Managed Aquifer Recovery (MAR) and Urban Stormwater Harvesting in Greater Gawler Feasibility Study

• Council Meeting 27 April 2011 – Item 10.4.1 Funding Agreement in relation to the National Urban Water and Desalination Plan: A Feasibility Study for the Gawler River Water Project

• Council Meeting 28 June 2011 – Item 10.4.1 Governance of the Gawler River Water Project • Workshop 20 July 2011 – Gawler River Water Project • Council Meeting 27 September 2011 – Item 9.2 Governance of the Gawler River Water

Project • Council Meeting 22 November 2011 – Item 10.4.6 Gawler Water Reuse Project • Council Meeting 23 October 2012 – Item 10.4.1 Gawler Water Reuse Project Funding

Agreement • Council Audit Committee Meeting 20 November 2012 – Item 9.2.2 Gawler Water Reuse

Project • Council Meeting 28 May 2013 – Item 10.1.1 Gawler Water Reuse Scheme • Gawler Water Reuse Scheme Regional Briefing – Hewett Centre, 12 June 2013 • Council Meeting 25 June 2013 – Item 10.4.1 Gawler Water Reuse Scheme • Special Council Meeting 6 August 2013 – Item 5.1.1 Gawler Water Reuse Scheme –

Endorsement of Heads of Agreement • Gawler Water Reuse Scheme Council Briefing, 28 October 2013 • Council Meeting 17 December 2013 – Item 10.1.1 Gawler Water Reuse Scheme – Execution

of Project Agreements • Workshop 13 May 2014 – Gawler Water Reuse Scheme Project Update, May 2014 • Council Meeting 27 May 2014 – Item 10.4.9 Gawler Water Reuse Project – Project Update

and Water Supply Agreement


• Council Audit Committee Meeting 9 July 2014 – Item 9.2.1 Gawler Water Reuse Scheme – Project Update

• Council Economic Development Panel Meeting 15 July 2014 – Item 6.1 Presentation on the Gawler Water Reuse Scheme

• Council Audit Committee Meeting 19 August 2014 – Item 8 Business Arising – Gawler Water Reuse Scheme – Project Update

• Council Meeting 26 August 2015 – Gawler Water Reuse Scheme Project • Council Meeting 17 February 2015 – Gawler Water Reuse Scheme Project • Council Meeting 31 March 2015 – Gawler Water Reuse Scheme Project • Council Meeting 28 July 2015 – Gawler Water Reuse Scheme Project

Discussion/Analysis

The Gawler Water Reuse Scheme (GWRS) Project progress report considered by the Council at its 28 July 2015 meeting outlined the current status of the detailed design and construction for the stormwater harvesting and reuse Project component. This component forms the bulk of the $21.7M Project and has $10.7M in funding contribution from the Australian Government.

The executed Loan and Sublicense Agreements between the Council and Private Partner set the commercial terms of the deal which will realise the Project financial benefit. The structure of the executed Loan and Sublicense Agreements were configured when the scheme was predominantly a Managed Aquifer Recharge (MAR) design whereby regulatory conditions required 20% of water stored in underground aquifers to be retained. Thus, under the 1.6GL/yr Section 128 Authorisation for taking water from the Gawler River, 1.28GL/yr would be available for supply after storing in the aquifer. Of this, 0.08GL/yr was dedicated to urban/public reuse with the remainder available to the Private Partner for their demand. Hence the 1.2GL/yr target supply referenced in the Sublicense fee.

As the GWRS design has progressed in more detail, within the Project budget constraints, more accurate modelling of flows and quality of water in the Gawler River enabling likely scheme supply volumes has been provided. Scheme supply volumes are sensitive to the:

a) capacity of the distribution pipework, b) size and location of storages (both underground and above ground), c) rate of source water availability, and d) timing between source water availability and end user demand.

Variables a) and b) are constrained by the Project budget. Variables c) and d) are extremely fluctuating for the Gawler River and cannot be controlled – relying on climate conditions (timing, amount and intensity of rainfall in the contributing catchment).

The Private Partner has advised that it is highly advantageous to control variables c) and d) in order to produce a more efficient design (variables a) and b)) for the Project budget available. Sourcing water from the VPS seeks to provide a level of control of variables c) and d), but also comes at a cost.

The Council and its private Partner, Bunyip Water, are therefore actively seeking to extend the GWRS to connect it with the Virginia Pipeline Scheme (VPS) in order to access more secure water in times of drought. This benefits Bunyip Water, its bulk customer Seppeltsfield Wines and the Council in meeting the initial water supply target of 1.2GL/yr and will provide significant value add for the scheme if greater volumes of water are made available from SA Water’s Bolivar Wastewater Treatment Plant.

The Council elected to borrow $11M to fund the Project, of which $300K allocation can be used for the VPS connection component. The recent resolution of the Council acknowledged the joint submission of an application into Round 2 of the Regional Development Fund (RDF) program for $1.25M in grant funding to connect the VPS to the GWRS. If successful, the Council will form a consortium with Seppeltsfield Wines (SW) such that SW will undertake $3.75M of vineyard plantings (94 hectares) as the proponent’s contribution, which will be viable when the VPS is connected to the GWRS to supply additional water for those plantings. Notification of successful Round 2 RDF project applications is expected to occur in mid-September 2015.


The VPS connection infrastructure can occur concurrently with construction of the GWRS if funding is successful. Agreements for the supply of VPS water from the current operator (Water Reticulation Systems Virginia – WRSV) and an existing customer are currently being negotiated for up to 890ML/yr at a cost of around 25c/kL.

If VPS water is purchased for supply into the GWRS, the Loan and Sublicense Agreements need to be varied to allow this source water to substitute Gawler River water when the River water is not able to be harvested. The 31 March 2015 report to Council recommended that variations to the Loan and Sublicense Agreements with the private partner occur, to further strengthen and clarify the agreements between the parties given that the Project details had advanced. Discussions between technical officers associated with the parties occurred first, with general agreement on the content of the Deed of Variation. This has subsequently been agreed to in principle by the Council’s Chief Executive Officer and senior officers of the Private partners.

The main topic associated with the variation is the agreement for Council to connect the GWRS to the Virginia Pipeline Scheme (VPS) such that the Council could purchase VPS water and add it into the scheme. The intent of this is to avoid (or reduce) any rebate that might be applicable to Seppeltsfield Wines’ sublicense fee in dry years where harvestable flows in the Gawler River are minimal and do not reach the 1.6GL/yr volume. The value of the Seppeltsfield Wines rebate is $2/kL, whereas the substituted VPS water has been offered at 25c/kL (plus application/annual supply fees) and therefore provides excellent insurance for the scheme in dry years. In years where the Gawler River flows well and harvestable volumes avoid a rebate to Seppeltsfield Wines’ sublicense fee, it is envisaged that Seppeltsfield Wines may purchase additional VPS water acquired by the Council in order to maximise their viticultural yields.

Latest financial modelling for the Project has been undertaken and can be reported for several scenarios of VPS water supply. The financial model only considers direct revenue and expenses in real dollars for the Project (i.e. the cost of SA Water savings for several Hewett reserves are not included).

The Project annual revenue is fixed at $1.8M, equal to the annual supply of 1.2GL of water valued at $2/kL minus a fixed operational fee of $600K. This Project revenue is the Sublicense Fee and is applied and collected quarterly as a special rate.

The project annual expenses are listed below: • Loan interest repayments (Fixed: $11m @ 4.2% = $462K) • DEWNR Water Levy assigned to Sec 128 Authorisation (Fixed: 1.6GL @ 0.6c/kL = $9.6K) • Purchase of alternative source water (Variable & Fixed Components: VPS @ 25c/kL) • Rebate applicable for any shortfall (against 1.6GL authorisation) of Gawler River water

available to be harvested (Variable: Volume @ $2/kL)

The variable rebate expense is modelled using DEWNR’s historical Gawler River flow data from the Gawler Junction (upstream) and Virginia Park (downstream) gauging stations between 1969 and 2014. There are missing data records during that period and where annual total flow records were available at both gauging stations they have been averaged. The model is therefore considered conservative.

The purchase of VPS water is currently being offered as 500ML/yr in a take or pay arrangement, with a further 390ML/yr opportunistic water through a third party made available at their discretion and paid for the amount taken. Further water is currently being investigated from VPS (potentially up to 2GL/yr). In the absence of absolute certainty around the VPS supply, several scenarios have been modelled assuming a take or pay arrangement whereby the Council would get reimbursed for any water taken by the private Partner once the 1.6GL supply volume is met (through a combination of Gawler River flows and VPS). The VPS take or pay scenarios modelled are as follows:

1. 0 ML (i.e. no VPS Water) 2. 500 ML 3. 750 ML 4. 1000 ML


The model outputs report the following for each of the scenario’s listed above: • Project operational surplus each year • Rolling 6 year average of Project operational surplus • Rolling 10 year average of Project operational surplus

For each scenario, two alternative outcomes are also reported: A. Private Partner takes VPS water after 1.6GL threshold is met B. Private Partner doesn’t take VPS water after 1.6GL threshold is met

The model outputs for discrete years are presented in Chart 1. The rolling 6 and 10 year average outputs are presented in Chart 2.


Chart 1

-$500,000

$-

$500,000

$1,000,000

$1,500,000

1969 1974 1979 1984 1989 1994 1999 2004 2009 2014

Proj

ect O

pera

tiona

l Sur

plus

Model Year

GWRS - Financial Model as at July 2015

Scenario 1

Scenario 2A

Scenario 2B

Scenario 3A

Scenario 3B

Scenario 4A

Scenario 4B


Chart 2

-$500,000

$0

$500,000

$1,000,000

$1,500,000

1969 1974 1979 1984 1989 1994 1999 2004 2009 2014

Proj

ect O

pera

tiona

l Sur

plus

Model Year

GWRS - Financial Model: Rolling Averages

Scenario 1 - 6yr Rolling Ave

Scenario 1 - 10yr Rolling Ave

Scenario 2A - 6yr Rolling Ave







The financial model reports great benefit, with longer term average benefit increasing with the volume of VPS water secured and supplied.

A further financial benefit maybe realised after years 6 or 10 when the Private Partner has the opportunity to repay the Loan from the Council. If this occurs, the scheme (held in trust) will transfer completely to the Private Partner and the Sublicense Agreement is extinguished. Under this scenario, the Council will no longer receive ongoing project revenue and will only enjoy the lump sum benefit received at the time of transfer.

Conclusion There has been great initial progression of the Gawler Water Reuse Scheme following the commitment made by the Australian Government and Council in executing the second Deed of Variation associated with the Funding Agreement. As the Project design and initial extensions to connect the VPS to the GWRS have advanced, the latest Project financial modelling is presented for discussion. References Legislation Local Government Act 1999 Water Industry Act 2012 Natural Resources Management Act 2004 Income Tax Assessment Act 1997 A New Tax System (Goods and Services Tax) Act 1999 Corporations Act 2001 Privacy Act 1988 Environment Protection Act 1993 Work Health and Safety Act 2012 Personal Property Security Act 2012 South Australian Workers Rehabilitation and Compensation Act 1986 Freedom of Information Act 1991 Council Policies Accounting Policies & Guidelines Procurement Policy Debtor Management Policy Treasury Management Policy Strategic Plan 3.3 What We Deliver – Outcome Categories and Strategies

3.3.5 Entrepreneurial Projects 3.4 Our Focus – Seven Key Goals & Strategies

3.4.1 Responsible management of growth 3.4.2 Preserving agricultural land & diverse cultural heritage 3.4.4 Regional interconnection & partnerships 3.4.5 Enhancing assets and services appropriately throughout the region


9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT NIL



10.1 Council Register for Leases & Licences Author: Rajith Udugampola, Finance Manager

Report Presenter: Rajith Udugampola, Finance Manager

In the interim external audit management letter dated 4 June 2015 issued by Dean Newbery & Partners, it was recommended “that Council undergo a process of renewing and updating the Council leases and licenses register to ensure that the ongoing maintenance and upkeep obligations of Council leased facilities as well as any other financial and insurance related matters are clearly documented and up-to-date”. At its meeting held on 30 June 2015, the Audit Committee requested a further report updating the progress on what has been proposed/undertaken in relation to updating Register for Leases and Licences. Council’s Property & Facilities Manager has advised that a register for agreements now exists which includes Leases, Licenses and Management Agreements where Council is deemed the Lessor. Details within the register include:

• Entity (e.g. Recreation Park Committee, Telstra, etc.) • Site – common name (Freeling Recreation Park, Gundry’s Hill, etc.) • Land – actual street address • Agreement - e.g. Management Agreement, Ground Lease, License • Council Asset Identification Number - #70 etc. • Plan/Parcel - File or Deposited Plan and Lot Number • Certificate of Title - CT reference • Community Land Status - yes or no • Estate – e.g. recreation reserve, fee simple, closed road etc. • Date of agreement - • Term – e.g. 5 + 5 + 5 + 5 • Expiry - • Income - $value - listed for future years in separate columns • Expenditure GL - budget line applicable • Expenditure - $value – listed for future years in separate columns (may be subject to CPI or %

increase)

The register does not currently include leases where the Council lease privately owned land and equipment from third party suppliers/contractors. For example, storage facility for our records department and lease of staff computers. However, steps are being undertaken to update the register with those leases where the Council is the lessee. This will help to manage all Council leases from a finance/risk management perspective.


10.2 Dean Newbery & Partners - Confirmation of 2015 Financial Year Balance Date External Audit Attendance

Appendix: 10.2A – Letter from Dean Newbery dated 01 July 2015 Author: Rajith Udugampola, Finance Manager Report Presenter: Rajith Udugampola, Finance Manager

This information report has been prepared to advise the Audit Committee Members the content of the 2015 Financial Year Balance Date External Audit Attendance letter issued by Council’s Auditor Dean Newbery & Partners on 1 July 2015. In consultation with Council management, it has been confirmed that staff of Dean Newbery & Partners will visit Council on the 19-20 October 2015 for the final 2014/2015 audit. The letter has requested that certain information be provided to Dean Newbery & Partners to conduct their audit and the management is confident that all the information requested will be made available prior to the commencement of the Audit.


10.3 Grant Funding notifications Author: Richard Michael, General Manager, Business & Governance


Audit Committee members are advised that Council continues to be successful in obtaining grant funds for various capital works projects with the council area. The following is reported.

Project Name Project Value Grant Funding Approved

Council Contribution

Funding Source

Upgrade of Hancock and Kidman Roads, Kapunda freight route, Reconstruction and seal

$950,000 $475,000 $475,000 Heavy Vehicle Safety and Productivity Program

Upgrade of Gomersal Road Bridge

$100,000 $50,000 $25,000 Federal Government, Bridge Renewal Programme.

$25,000 is also being provided by the Barossa Council.

Gomersal Road shoulder sealing, Gerald Roberts Road to Fromm Road.

$270,000 $270,000 $0 Black Spot Program

Kapunda Town Square Development

$360,000 $170,000 $190,000 Planning and Development Fund Open Space Programme

Additional Council funds to be provided for payment of fees etc.

Triple SSS Roundabout, Corner Stelzer, Samuel & Seppeltsfield Roads

$2,000,000 $1,333,000 $667,000 Special Local Roads Program

Stelzer Road, from Seppeltsfield Road to Langmeil/Para Roads Corner, Tanunda, construction, seal, signage and vegetation clearance.

$440,250 $440,250 $0 Black Spot Program

Along with all Councils, the Federal Government has allocated additional funding through the Roads to Recovery Programme of $253,000 in 2015/2016 and $680,000 in 2016/2017. Council’s Infrastructure Committee is considering the allocation of the funding through its deliberations.

Council will be lodging the following grant funding applications for regionally significant infrastructure works.

Project Name Project Value Grant Funding Approved

Council Contribution

Funding Source

Replacement of Orchard Bridge, Bethel Road, Kapunda

$500,000 $250,000 $250,000 Federal Government, Bridge Renewal Programme

Sealing of Lyndoch Road, Gomersal.

Being Developed Nil Blackspot Programme

In further news Council’s General Manager, Infrastructure & Environment Richard Dodson has been advised that the Local Roads Advisory Committee (LRAC) has considered the application for reclassification of Gomersal Road from a local road to a state arterial road. The LRAC will be recommending to the Minister for Transport & Infrastructure to exchange Council’s Gomersal Road with DPTI’s Mudla Wirra Road. The Ministers approval is the last step in the process and should be completed over the next couple of months.


10.4 Update on the Revaluation of Land & Buildings Appendix: 10.4A – Financial Reporting Preface

10.4B – Insurance Preface

Author: Rajith Udugampola, Finance Manager


The purpose of this report is to advise the Audit Committee on the progress of the revaluation of Council Land & Building as at 1 July 2015. After a competitive tender process, Council engaged Maloney Field Services (MFS) in March 2015 to conduct; a revaluation of Council’s land, building and other structures assets, inclusive of a review of

asset condition and useful lifetimes attributed to classes of assets as at 01 July 2014 as required by the Australian Accounting Standard AASB 116 - Property, Plant and Equipment and AASB 13 - Fair Value Measurement; and

to provide an insurance value of buildings and other structures in regard to the maintenance of appropriate coverages under Council’s Mutual Asset Fund managed by Local Government Risk Services.

The management provided following information in a Microsoft Excel spreadsheet to MFS.

Land & Building Data; Metadata (Further field details); Existing Condition Classification; Building Component Definitions; New Asset Information; Newly Identified Asset requirements; and Assets identified for disposal.

In relation to existing assets, the MFS was required to provide following information

1 July 2014 Value Valuation Basis Inspection Date Photo Link & coordinates Additional Comments; and Other/Identified Errors (optional)

MFS was also requested to identify additional assets not currently detailed within the Council supplied data if they have an individual value greater than $2,000.

The assets were physically inspected by MFS during April/May 2015 and draft valuation reports for financial reporting & insurance purpose were issued on 07 July 2015 containing following four (4) reports.

i. Financial Reporting Preface containing background information, breakdown of values for Dutton Park, Remaining Life graphs, Total Useful Life commentary and Summary of Values;

ii. Financial Reporting Register (excel) containing summary of values, asset register (locked) and worksheet (unlocked);

iii. Insurance Preface containing Basis of Values and Summary of Values; and

Insurance Register (excel) containing summary of values, asset register (locked) and worksheet (unlocked). Recommendation That the reports on delegated authority and information items be received and the contents therein be noted by the Light Regional Council Audit Committee.


11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations - • Questions and replies are not entered in the minute book unless expressly required by

resolution. • No debate shall be allowed on any question or the reply to any question. • If required by the Chairman, such questions shall be put in writing. • The Chairman may direct that a reply be given at the next meeting.

11.2 QUESTIONS ON NOTICE

Rules per Regulations – • These questions must be in writing and given to the Chief Executive Officer five (5) clear days

prior to the meeting. • Chief Executive Officer shall place these items in the agenda. • They shall be answered by the Chairman at the meeting. • Questions and replies shall be entered into the minute book.

11.3 NOTICE OF MOTION 11.5 MOTIONS WITHOUT NOTICE

Rules per Regulations • A member may bring forward a motion without notice and if required by the Chairman, put it in

writing. • Before addressing the meeting, the member shall state the purpose of the motion. • A member cannot move more than one motion without notice on the same subject at any

meeting. 12 CONFIDENTIAL ITEMS 13. NEXT MEETING 14. CLOSURE


ASPIRATION



MINUTES

for the meeting of


held in the

MEETING ROOM

93 Main Street, Kapunda 5373

TUESDAY, 18 AUGUST 2015



MINUTES OF THE MEETING OF LIGHT REGIONAL COUNCIL AUDIT COMMITTEE HELD ON

TUESDAY, 18 AUGUST 2015, IN THE MEETING ROOM,

93 MAIN STREET, KAPUNDA 1. PRESENT

Mr John Comrie Independent Member (Chairman) Mr Peter Fairlie-Jones Independent Member Cr David Shannon Light Regional Council Member Mr Bill O’Brien Mayor (Ex Officio) Mr Richard Michael General Manager, Business & Governance Mr Rajith Udugampola Finance Manager Mrs June Austin HR & Governance Manager, Business & Governance Mr Kieren Chappell Manager Engineering & Assets Mrs Valda Baker-Wells Executive Assistant

2. OPENING Mr John Comrie declared the meeting open at 5.31pm

3. APOLOGIES

Cr Des Ellis Light Regional Council Member Mr Brian Carr CEO, Light Regional Council


Moved Mr Fairlie-Jones Seconded Mayor O’Brien That the minutes and confidential minutes of the meeting of the Committee held Tuesday, 30 June 2015 be confirmed as a true and correct record of that meeting.

CARRIED


6. DEPUTATIONS AND PRESENTATIONS NIL

7. ADJOURNED BUSINESS NIL

8. BUSINESS ARISING Moved Cr Shannon Seconded Mr Fairlie-Jones That the current status of all matters be noted and the following updates be received: AUD9.2.2/2015 -Dean Newbery & Partners – External Audit Management Letter Financial Year Ending 30 June 2015 Item 2 – Bank Reconciliation-General Bank - Mr Udugampola advised Civica had found two (2) transactions from 2001 for bank charges and that further communication with Civica is ongoing in order to reconcile. Civica also provided a second report giving a breakdown to all transactions. The history issue is sorted.

LIGHT REGIONAL COUNCIL AUDIT COMMITTEE MINUTES MEETING – Tuesday, 18 August 2015 2015/2

AUD12.1/2015 Tenders for provision of External Audit Services – Mr Udugampola advised that the Confidential item is to be released at the Council meeting’s next Release of Confidential Items.

CARRIED

9. REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

NIL REPORTS 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE AUD9.2.1/2015 Audit Committee Working Program for 2015/2016

Financial Year

Report Presenter: Richard Michael, General Manager, Business & Governance Moved Cr Shannon Seconded Mayor O’Brien That the Light Regional Council Audit Committee receives the report provided in relation to the Audit Committee Working Program and recommends to Council; 1. That Council acknowledges the proposed 2015/2016 year work program for the Audit


Light Regional Council – Audit Committee Working Program

(July 2015 to June 2016) (Proposed at 18 August 2015 meeting)

Program

Topic Sub-Program Priority

(in numerical

order)

Projected End Date


year)




Priority 2

June 2016


Implement timetable for preparation and adoption of 2016/2017 Annual Business Plan and Budget. Target date for adoption Tuesday, 28 June 2015. Budget Framework documentation to include; • Review 2015/2016 process for

refinement, build on process enhancement.




• Review financial sustainability indicators and review 4 year and Long Term Financial Plan.



• Review CEO’s Strategic Finance


Committee strategy for currency, track and refine as appropriate.

2. Review delivery












Strategic Planning









Priority 2

March 2016









Carry over project from 2014/2015 financial year. Provide policy discussion for matters relating to systems improvement, asset recognition and depreciation. Review IAMP Maturity Assessment program progression plan.

Policy, Procedure

1. Review operations of


Updates to be inserted at scheduled program

Treasury Management Policy and annual operations to be reviewed in line


and Internal Financial Controls

Treasury Management Policy.

review. with completion of 2014/2015 Annual Financial Statements.



Policy documents are subject to continuous review. Complete policy review as per adopted process. In particular review the following policies and associated guidelines; • Hardship • Sale & Disposal of Assets • Asset Management and

Capitalisation • Rate Rebate • Debtor Management • Procurement (procedural

development through Barossa Region Procurement Group collaboration)

• Corporate Purchasing Card • Motor Vehicle Management • Council Members Training &

Development • Audit Committee • Public Consultation • Fraud & Corruption Prevention • Internal Control • Order Making • Local Government Land By-

Law • Separate Rate • Treasury Management (Project

Specific) • Others (as required)






Carry over project from 2014/2015 financial year. Awaiting Ministerial sign-off for process undertaken in accordance with Section 185 of the Local Government Act 1999. Review program of events to progress actions associated with Local Government Act section 184 (sale for non-payment of rates) and section 185 (land acquisition and disposal by Ministerial approval) procedures commenced by Council resolution. • Review potential property sales

under section 184 process. • Obtain Ministerial approval to

proceed with section 185 process and transfer those 18 properties in accordance with agreed negotiations.


• Review 2014/2015 EOY debtor


listing to ascertain need for further collection activity.



Priority 4

November 2015








Priority 2

November 2015







CARRIED

AUD9.2.2/2015 Council Members Allowances and Benefits Policy - Draft

Folder ID: 24013 Report Presenter: Richard Michael, General Manager, Business & Governance

Moved Cr Shannon Seconded Mayor O’Brien That the Light Regional Council Audit Committee receives the report presented in relation to the development of a draft Council Members Allowances and Benefits Policy, subject to the following inclusions: • At Clause 2. ‘Policy Scope’ of the draft policy, insert an additional paragraph stating; “This

Policy shall be read in conjunction with Council’s policy number 6.1 Council Members Training & Development Policy in terms of payments and reimbursements of expenses incurred for professional development opportunities”.

• At Clause 8.3.2, delete the second sentence of the third paragraph, that is; “Where possible, the Council’s administration will co-ordinate travel arrangements and


accommodation stays to maximise business rate opportunities’, and replace with; “Council’s administration will co-ordinate the most cost effective and convenient domestic or international airfares by economy class with additional travel arrangements and accommodation expenditures also being co-ordinated in a cost effective and convenient manner to maximise the availability of discounted tariff opportunities.”

• At Clause 9, amend the first paragraph by adding the following at the end of the paragraph; “, but shall include a reminder notification to the Council Member at a suitable date for operational purposes each quarter, in order that expenditure claims are managed expeditiously in budgetary terms”.

and further the Committee recommends to Council that it adopts the following Council Members Allowances and Benefits Policy; inclusive of the aforementioned adjustments:



Date of Adoption: Draft for consideration July 2015 Minute Reference: Update upon resolution Version Number: Draft Applicable Legislation: Sections 76 to 79, Local Government Act 1999




1. Introduction


2. Policy Scope

The policy applies to all elected Council Members, including the principal member (the Mayor) and encompasses the benefits which might be provided to Council Members by the Light Regional Council in enabling the council members to undertake their representative duties. Any additional benefits received by Council Members from individuals or organisations outside of the Council will be managed and recorded in accordance with the mandatory Code of Conduct for Council Members published from time to time by the State Government, the LG Act and its Regulations. This Policy shall be read in conjunction with Council’s policy number 6.1 Council Members Training & Development Policy in terms of payments and reimbursements of expenses incurred for professional development opportunities.


3. Definitions


“council members” means a person or persons duly elected or appointed as a councillor for

the Light Regional Council area and includes the Mayor and Deputy Mayor. “eligible journey” means a journey (in either direction) between the principal place of

residence, or a place of work, of a member of the council, and the place of a prescribed meeting.

“prescribed meeting” in relation to a member of a council, means a meeting of the council

or council committee, or an informal gathering, discussion, workshop, briefing, training course or similar activity which is directly or closely related to the performance or discharge of the roles or duties of the member.

4. Responsibilities







4.2.4. implement and monitor expense reimbursement procedures in accordance

with the LG Act, the Regulations, this Policy and any associated procedure.

5. Policy Statement




6. Allowances






November, February, May and August each year. Where a council member discontinues service or becomes a member of council as consequence of a supplementary council election, an adjustment to the allowance paid or payable is made at the time.

6.4 An additional allowance is also payable for Council Members who are presiding

members of other committees (excluding the deputy mayor). A sitting fee might also be payable where mandated through the terms of reference of a council related committee, working party or authority.

6.5 A Council member may decline to accept payment of an allowance (section 76(12) of

the LG Act) or sitting fee. 6.6 Pursuant to the determination made by the Remuneration Tribunal (which may be





7.2 Reimbursement for travel expenses is restricted to eligible journeys provided the

journey is by the shortest or most practicable route and to that part of the journey within the Council area. Any travelling outside the Council area in order to attend Council or Council committee meetings is not reimbursable under section 77(1)(a) of the LG Act. For reimbursement for travel outside the Council area refer to “Prescribed and Approved Reimbursements” below at Clause 8.






8.1 Section 77(1)(b) of the LG Act provides that the Council may approve the reimbursement of additional expenses as set out in the Regulations incurred by


Council Members, either on a case-by-case basis or under a policy adopted by Council. This Policy sets out the types of approved expenses that may be reimbursed. These are:




8.1.4 expenses for the care of a child of the Member, or a dependent of the Member requiring full-time care incurred by the Member as a consequence of the Member’s attendance at a function or activity on the business of the Council (other than for which the member is reimbursed under section 77(1)(a) of the LG Act); and





8.2.2 reimbursement is restricted to the shortest or most practicable route. 8.2.3 where a Council Member travels by private motor vehicle, the rate of

reimbursement is as stated in Clause 7.3. 8.2.4 car parking fees will be reimbursed (where they are a consequence of a

Council Member attending a function or activity on the business of the Council).


8.2.5 travel by taxi, bus, airplane or other means of public transport will be

reimbursed on the basis of being expenses where they are incurred as a consequence of the Member’s attendance at a function or activity on the business of the Council however such travel must still be by the shortest or most practicable route.

8.2.6 There shall be no travel time payment unless authorized by the determination

made by the Remuneration Tribunal. Refer to Clause 6.6.

8.3 Care and Other Expenses Pursuant to section 77(1)(b) of the LG Act the Council delegates to the Chief Executive Officer (who may sub-delegate to an appropriate council officer) the power to review and approve the reimbursement of: 8.3.1 Expenses incurred for the care of a child of a Council Member or a dependent

of the Council Member requiring full time care as a consequence of the Council Member’s attendance at a function or activity on the business of Council (other than expenses for which the Member is reimbursed under section 77 (1)(a) of the LG Act).


Expenses will only be reimbursed for attendance at conferences, seminars, etc which have been approved by Council, annual budgetary appropriations or under delegation/policy, e.g. under Council’s “Council Member Training and Development Policy”.

Where attendance at the conference, seminar etc is approved the following types of expenses can be reimbursed at actual cost: airfares (economy class), registration fees, accommodation, meals, taxi fares, car parking and incidentals. Where possible, the Council’s administration will coordinate travel arrangements and accommodation stays to maximise business rate opportunities. Council’s administration will co-ordinate the most cost effective and convenient domestic or international airfares by economy class with additional travel arrangements and accommodation expenditures also being co-ordinated in a cost effective and convenient manner to maximise the availability of discounted tariff opportunities.

8.3.3 Expenses incurred in the use of a telephone, internet, facsimile or other communication device on the business of the Council, e.g. Internet connection costs, computer software, applications for iPad, printer cartridge, contribution towards mobile telephone account, where these have not already been provided by the Council.



8.4.1 they are necessary or expedient for the Council member to perform or

discharge his/her official functions or duties;








Council Elections The use of Council facilities, support and/or services by Council Members for campaign or election purposes is not permitted under any circumstances. Also refer to Council’s Caretaker Policy. Media and Legal Services Support Subject to the approval of and parameters set by the Mayor (the Deputy Mayor in the Mayor’s absence) and the Chief Executive Officer, a Council Member may be provided with media and communications support. This may be further extended to take into account the provision of legal advice as discussed in section 78A of the LG Act, subject to conditions and limitations determined on a case by case event. Insurance As required by Section 80 of the LG Act, Council will take out an insurance policy(s) insuring every member of the council, and a spouse, domestic partner or another person who may be accompanying a member of the council, against risks associated with the performance or discharge of official functions or duties by members.



Council Members are required to provide details of kilometres travelled and/or evidence of expenses incurred to support all reimbursements claimed. Claim procedures are separately documented outside of this policy document, but shall include a reminder notification to the Council Member at a suitable date for operational purposes each quarter, in order that expenditure claims are managed expeditiously in budgetary terms. The Council has resolved that the reimbursement of expenses under clauses 7 and 8 above and those requiring Council approval by policy, will be paid in arrears on a quarterly basis in the months as described in clause 6.3 above unless as otherwise agreed having regard to the level of expenditure incurred (for example, expenses incurred for the November to January period will be reimbursed in the month of February each year, and so on).


The production of relevant receipts or other evidence of expenditure must be presented where reimbursement is claimed. All documentation received will be managed in accordance with Council’s records management practices. Council will as part of its annual budgetary processes make an estimate of Council members’ reimbursable expenses. No limiting value or daily maximum value is set by this policy; rather the value is determined by what might be considered ‘reasonable’ given the circumstances of the situation.


The Register of Allowances and Benefits is available for inspection by members of the public, free of charge, at the Council’s principal office located at 93 Main Street, Kapunda during ordinary business hours. Copies or extracts of the Register are available for purchase upon payment of a fixed fee as stated within Council’s Schedule of Fees and Charges.





Nil



18 August 2015 Draft RM Audit Committee Approval Adjustments to Clauses 2, 8.3.2 & 9

CARRIED

AUD9.2.3/2015 Treasury Management Performance Review 2014/2015

Report Presenter: Rajith Udugampola, Finance Manager Moved Mr Fairlie-Jones Seconded Mayor O’Brien That the Light Regional Council Audit Committee notes the report provided in regard to treasury management performance for the 2014/2015 Financial Year.

CARRIED


AUD9.2.4/2015 Procurement Policy - Review

Report Presenter: Richard Michael, General Manager, Business & Governance Moved Cr Shannon Seconded Cr Fairlie-Jones That the report presented to the Light Regional Council Audit Committee in regard to the Procurement Policy Review be noted; Further, the Audit Committee requests a further report on the matter to its next scheduled meeting taking account of; • Including additional, or clarification of, definitions in the policy discussing procurement

methodologies (in particular direct procurement); • Providing additional guidelines in regard to purchasing limits of expenditure and types

of procurement utilised similar to the “Summary of Procurement Procedures” document developed by Council’s Property & Facilities Manager.

• The relationship of Schedule 1 to Clause 5 of the policy. CARRIED


Author: Richard Michael, General Manager, Business & Governance Report Presenter: Richard Michael, General Manager, Business & Governance

Moved Cr Fairlie-Jones Seconded Mayor O’Brien That the Light Regional Council Audit Committee, having received the draft Rates Hardship Policy (excluding Water Policy Requirements), requests some minor refinements be circulated to the Audit Committee for approval in relation to Clause 4.2 to specify which charges can be waived by staff and which needs to be presented to Council. The procedural nature of Clause 4.2 shall remain inoperative until the consensus of the Committee is achieved. And further, recommend to Council that it adopts the Draft Rates Hardship Policy (excluding Water Policy requirements), subject to the refinement of operation of Clause 4.2, as follows:



Date of Adoption: Current Review Date: Minute Reference: Version Number: Draft (Version 3) Applicable Legislation: Sections 143, 181, 182 and 182A, Local

Government Act 1999



1. Background





2. General Principles


3. Definitions for the purposes of this Policy





4. Policy Statement





(b) An application in writing must be submitted to Council’s General Manager, Business and Governance (GMBG) by the ratepayer or the ratepayer’s representative providing evidence from an approved financial counsellor or other accredited source (such as a practicing accountant or bank manager) of such circumstances referred to in (a) above. The GMBG, under delegated authority from the Council and Council’s Chief Executive Officer (CEO), will provide a recommendation to the Rates Officer based on these details supplied.

Where the value of the proposed remission or postponement exceeds the limits of delegated authority provided under the Act or as stated within this policy to council


officers, a report to be considered under the confidential provisions of the Act shall be prepared for the Council’s consideration.

(c) The postponement can be for a fixed period or ongoing basis until the property is

disposed of or sold.



With reference to clause 4.1(b) above, any application for the waiver of rates or charges will be addressed to the GMBG and considered under delegated authority. Where the value of the waiver exceeds the limits of delegated authority imposed by the Council to council officers, a report shall be presented to Council for consideration in confidence. Such reports will be prepared by the Rates Officer on a needs basis following receipt of a recommendation from the GMBG.

In any event the GMBG, setting aside delegated authority provisions, may report applications made under this clause directly to the Council to be considered in a confidential session of the Council.







4.3.3 Financial Hardship – Ratepayers may have interest/fine or part thereof, waived

subject to compliance with the following conditions:














4.6 Confidentiality







In lieu of making an application to Council under the Rates Hardship provisions of the Local Government Act 1999, ratepayers are encouraged to enter into a separate payment arrangement with Council, which is to agree to make rates payments outside of the normal



four quarterly instalments if such a proposal will better suit their individual financial circumstances.










History 1. Adopted by resolution at the ordinary meeting of Council held Tuesday, 2015 at Item ### Page ###.



APPLICATION FOR RATE RELIEF DUE TO HARDSHIP OR EXTENUATING

CIRCUMSTANCES


The information that you provide on and with this application is required to assist Council to assess your application for rate relief. Please note that the penalty for providing false or misleading information on this form is an offence under the Local Government Act 1999. Assistance with completing this form? If you require assistance to complete the application form, or want more information about rate relief, please contact Council’s Rates Officer on telephone 08 8525 3200. Lodging your application? Once the application form is completed, either:



Fax to: 08 8566 3262


Questions and Information Section

1. General Information Please list the Assessment Number, valuation number and address of the property or properties for which you are applying for rate relief. Assessment Number (4 digits)


Property Address

2. Applicant’s Details Name:


Postal Address:


Email:


3. Is the property for which you are applying for rate relief (listed in Question 1) your principal place of residence? [ ] Yes (If so, what is the Assessment Number …………………..) [ ] No


5. What is your employment status? [ ] Full Time. [ ] Permanent Part Time. [ ] Casual. [ ] Self Employed.







Expenses (fortnightly) Income (fortnightly)


Payments $




$






Hardship or Extenuating Circumstances Declaration The following arrangements apply to the postponement or remission of rates under Hardship or Extenuating Circumstances. Council may decide in granting approval or postponement of rates (by advising in writing at the commencement of postponement) to charge interest on the postponed amount. The interest rate which will apply is the cash advance rate in line with section 182(2) of the Local Government Act 1999. The interest will be applied to the total amount postponed on a monthly basis, compounded until the amount is paid. Any postponed rates debt (including all charges and interest) is payable at the time of disposal or sale of the property, or when the postponement period is complete (whichever occurs first). However the ratepayer has the discretion to pay all or part of the debt at any time before this. If the application is approved, and a postponed rates debt applies to the property, the ratepayer must inform the Council in writing following the sale of the property. Ratepayer Declaration I understand the above arrangements apply to the postponement or remission of rates under hardship or extenuating circumstances. I declare that the information I have provided in this application is true and correct to the best of my knowledge.


I am prepared to attend an interview to discuss this application further if required. Applicant’s Name


Date

CARRIED



Moved Mr Fairlie-Jones Seconded Cr Shannon That the Light Regional Council Audit Committee recommend to Council that it adopts the Draft Hardship Policy for Residential Customers of Minor and Intermediate Retailer as follows:



Date of Adoption: Current Review Date: Minute Reference: Version Number: Draft, Version 1 Applicable Legislation: Section 37, Water Industry Act 2012



1. Purpose







2. Background



In this policy:





• where the context requires, a person seeking the provision of a retail service, and

• in prescribed circumstances, a person supplied with retail services as a consumer or user of those services (without limiting the application of this definition to owners of land), and

















• the sale and supply of sewerage services for the removal of sewage (including but not limited to community wastewater management systems) (even if the service is not actually used) but does not include any service, or any service of a class, excluded from the ambit of this definition by the regulations (as defined in the Water Industry Act 2012).



















• the customer is eligible for a South Australian Government concession

• the customer has been referred by an accredited financial counsellor or welfare agency





5.1 We will inform a residential customer of this customer hardship policy where it appears to us that non-payment of a bill for retail services is due to the customer experiencing payment difficulties due to hardship, or we are proposing to install a flow restriction device.


• an interest and fee free payment plan (refer to Clause 7 ‘Payment Plans),

• Centrelink’s Centrepay service (only where available), or

• other arrangement, under which the customer is given more time to pay a bill or to pay in arrears (including any disconnection or restriction charges),

recognising that some residential customers have a short-term financial hardship issue that may be resolved in the near to medium-term, where others may require a different type of assistance for ongoing financial issues.


















5.13 We will also explain to the hardship customer that they will be removed from our hardship program, and be returned to our standard collection cycles, including debt recovery, should they cease to make payments according to the agreed payment arrangement or fail to contact us for a period of greater than 90 days.





7. Payment plans


• the customer’s capacity to pay and current financial situation

• any arrears owing by the customer, and

• the customer’s expected usage needs over the following 12 month period.




• the duration of the plan

• the amount of each instalment payable under the plan, the frequency of instalments and the date by which each instalment must be paid

• if the customer is in arrears – the number of instalments to pay the arrears, and

• if the customer is to pay in advance – the basis on which instalments are calculated.

7.4 We will waive any fees for late payment of a bill for a hardship customer.


8. Debt recovery

8.1 We will suspend debt recovery processes while negotiating a suitable payment arrangement with a hardship customer.












• Receive a language interpreter service at no cost to the customer.

• Be shielded from legal action and additional debt recovery costs, whilst they continue to make payments according to an agreed payment arrangement.

• Not have retail services restricted or disconnected as long as they have agreed to a payment arrangement and continue to make payments according to an agreed plan.



10.2 We will ensure appropriate training of staff dealing with residential customers in hardship to enable them to treat customers with respect and without making value judgements. Training will also assist staff in the early identification of hardship customers, with


establishing payment plans based on a hardship customer’s capacity to pay, and include processes for referral to an accredited financial counsellor or welfare agency for assistance.




11. Confidentiality















History


Reasons for the decision Establishment of Council policy in accordance with the Water Industry Act 2012.

CARRIED

9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT NIL REPORTS

9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT AUD9.4.1/2015 Infrastructure & Asset Management Plan – Draft Inputs

and Assumptions

Report Presenter: Kieren Chappell, Manager Engineering & Assets Moved Mayor O’Brien Seconded Mr Fairlie-Jones That the Audit Committee; 1. receives the report and commends staff for their work undertaken to achieve the report this far,

and requests that staff review the Long Term Financial Plan information presented in Figure 1 on page 2015/60 of the Agenda report, and further.

2. recommends an abridged version outlining inputs and assumptions proposed for inclusion in the Infrastructure & Asset Management Plan (IAMP) be presented to Council.

That the Audit Committee recommends to Council that it: 1. Instruct the Chief Executive Officer to continue the preparation of the IAMP in accordance with

the inputs and assumptions proposed; 2. Instruct the Chief Executive Officer to investigate the reallocation of 2015/16 budget to engage a

professional graphic designer to prepare a pamphlet/brochure style executive summary of the IAMP, incorporating infographics unique to Light Regional Council, to improve the communication of key strategic planning information to the community and encourage broader feedback on the Plan.

CARRIED AUD9.4.2/2015 Gawler Water Reuse Scheme Project – Assessment of

Financial Benefit

Folder ID: 22475 Report Presenter: Kieren Chappell, Manager Engineering & Assets Moved Mayor O’Brien Seconded Cr Shannon


The Audit Committee resolves that it:

1. Receives the Gawler Water Reuse Scheme report assessing the Project financial benefit;

2. May provide separate comment to Council’s Management to inform a future workshop on the development of a position statement regarding the management of the operating surplus from Council’s operations, and in particular from project specific funding opportunities (eg. Gawler Water Reuse Scheme).

CARRIED

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT NIL REPORTS


Item No. and Subject 10.1 Council Register for Leases & Licences Report Presenter: Rajith Udugampola, Finance Manager

10.2 Dean Newbery & Partners - Confirmation of 2015 Financial Year Balance Date External Audit Attendance


10.3 Grant Funding notifications Report Presenter: Richard Michael, General Manager, Business & Governance

10.4 Update on the Revaluation of Land & Buildings Report Presenter: Rajith Udugampola, Finance Manager

Moved Mayor O’Brien Seconded Cr Shannon That the reports on delegated authority and information items be received and the contents therein be noted by the Committee and further, that the Audit Committee commends Mr Kieren Chappell and Mr Richard Dodson for their success in achieving the various infrastructural grants.

CARRIED 11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE NIL

11.2 QUESTIONS ON NOTICE NIL

11.3 NOTICE OF MOTION NIL 11.4 MOTIONS WITHOUT NOTICE NIL 12. CONFIDENTIAL ITEMS


NIL REPORTS

13. MEETINGS

The next ordinary meeting of Light Regional Council Audit Committee will be held on Tuesday, 20 October 2015, subject to confirmation, commencing at 5:30.pm in the Meeting Room, 93 Main Street, Kapunda. 14. CLOSURE

The meeting was declared closed at 7.45pm

Minutes of meeting confirmed at a meeting of the Audit Committee held on Tuesday, 20 October 2015 (subject to confirmation).

PRESIDING MEMBER (CHAIRMAN) _________________________________


ASPIRATION



MINUTES

from the Meeting of


held in the COUNCIL CHAMBER


TUESDAY, 28 JULY 2015



2015/210

MINUTES OF THE MEETING OF LIGHT REGIONAL COUNCIL HELD ON TUESDAY,

28 JULY 2015, IN THE COUNCIL CHAMBER, 93 MAIN STREET, KAPUNDA

1. PRESENT

Bill O’Brien Mayor Cr Lynette Reichstein Light Ward Cr Robert Kerin Light Ward Cr Keith Ellis Mudla Wirra Ward Cr Peter Kennelly Laucke Ward Cr Sharron Lewis Laucke Ward Cr David Shannon Dutton Ward Cr Deane Rohrlach Dutton Ward Cr Des Ellis Dutton Ward Mr Brian Carr Chief Executive Officer Mr Richard Michael General Manager, Business & Governance Mr Craig Doyle General Manager, Strategy & Development Mr James Miller General Manager, Economic Development Mr Richard Dodson General Manager, Infrastructure & Environment Mrs June Austin Manager, HR & Governance Mr Kieren Chappell Manager, Engineering & Assets Ms Lisa Sapio Manager – Development Services Ms Pepper Mickan Manager Information Services Mr Rajith Udugampola Finance Manager Mr Andrew Chown Principal Project Planner Mr Darby Schultz Development Officer - Planning Mr Paul Roberts General Inspector Mrs Lorinda Bayley Community Development Officer Ms Terry Savage Executive Assistant

2. OPENING Mayor Bill O’Brien declared the meeting open at 5:00pm

3. APOLOGIES

Cr Bill Close MudlaWirra Ward Cr Samantha Mitchell (late attendance at 5:50pm) Mudla Wirra Ward

4. MINUTES 4.1 CONFIRMATION OF COUNCIL MINUTES

Moved Cr Keith Ellis Seconded Cr Des Ellis That the minutes and confidential minutes of the meeting of Council held Tuesday, 23 June 2015 be confirmed as a true and correct record of that meeting.

CARRIED 5. COMMUNICATIONS 5.1 MAYOR’S COMMUNICATIONS 23/6 Pre-Council Meeting 23/6 Council Meeting

LIGHT REGIONAL COUNCIL MINUTES COUNCIL MEETING – Tuesday, 28 July 2015 2015/211

24/6 Presentation Rotary Achiever Awards - Kapunda Primary School Presentations Australian Business Week Awards - Eudunda Area School 1/7 Light Regional Council Infrastructure Committee Meeting 2/7 Meeting - Dean of Roseworthy College Professor Wayne Hein 3/7 Teleconference- Central Local Government Region. 6/7 Media Interview - Gawler Bunyip Media Interview - Barossa Leader 8/7 Meeting - Briefing GM Economic Development Regions In Focus Workshop - Minister Geoff Brock MP Rolland Flat 9/7 Australian Citizenship Ceremony - Kapunda 10/7 Meeting SA Premiers Department Representatives - Country Cabinet Arrangements 14/7 GM's Council Briefing Session 15/7 Pines Reserve Management Committee Meeting Kapunda Business Association Meeting Tourism Barossa Board Meeting - Tanunda 23/7 Meals On Wheels Volunteers’ Clients Luncheon & Presentation Local Government Association Mayors’ Residential Seminar Adelaide 28/7 Meeting The Hon Tony Piccolo MP Gawler 5.2 ELECTED MEMBERS’ REPORTS Nil 5.3 SCHEDULE OF MEETINGS ATTENDED

Cr Rohrlach 23/6 Council meeting. 1/7 Light Regional Council Infrastructure Committee Meeting. 8/7 Light Regional Council Strategy Committee Meeting. 9/7 Citizenship Ceremony. 13/7 Meeting re Kapunda Community Gallery renovations. 15/7 Pines Reserve Committee Meeting 15/7 Kapunda Business Alliance meeting. 15/7 Kapunda Town DPA information session. 22/7 Meeting re banners in Main Street. 24/7 Opening of Wasleys Community Kitchen and Supper Hall

Cr Keith Ellis

26/6 Gawler River Landowners Group meeting 24/7 Opening of Wasleys Community Kitchen and Supper Hall 5.4 DELEGATE / REPRESENTATIVE REPORTS 5.5 REQUESTED DOCUMENTS/CORRESOONDENCE TO BE TABLED 6. PETITIONS Nil

7. DEPUTATIONS AND PRESENTATIONS Nil


8. ADJOURNED BUSINESS Nil 9. BUSINESS ARISING

Current Status of all matters noted.

10. MINUTES – COMMITTEE MEETINGS 10.1 INFRASTRUCTURE COMMITTEE Moved Cr Reichstein Seconded Cr Rohrlach That the Agenda, reports and minutes of the meeting of the Light Regional Council Infrastructure Committee held Wednesday, 1 July 2015 be received.

CARRIED 10.2 STRATEGY COMMITTEE Recommendation 1 Moved Cr Keith Ellis Seconded Cr Lewis That the Agenda, reports and minutes of the meeting of the Light Regional Council Strategy Committee held Wednesday, 8 July 2015 be received.

CARRIED Recommendation 2 Moved Cr Des Ellis Seconded Cr Rohrlach That the reports and recommendations of the meeting of the Light Regional Council Strategy Committee held Wednesday, 8 July 2015 numbered 1 to 3, as listed below, be adopted.

1. STR9.4.1/2015 Barossa Protection Development Plan Amendment - Statement of Intent

Author: Andrew Chown, Principal Project Planner Craig Doyle, General Manager – Strategy & Development Recommendation That the Strategy Committee recommends that Council resolves to: 1. Endorse the Statement of Intent prepared for the “Barossa Protection Development Plan

Amendment”. 2. Authorises the Chief Executive Officer to sign the Statement of Intent and delegate to

appropriate staff to submit it to the Hon. John Rau, Minister for Planning for agreement in accordance with Section 25 of the Development Act 1993.

3. Delegates through the Chief Executive Officer to the General Manager – Strategy &

Development and the Principal Project Planner the authority to negotiate with the Minister, as required, to reach agreement on the Statement of Intent.


2. STR9.4.2/2015 Nuriootpa West (Industry BVR Zone) Development Plan Amendment – Public Exhibition Outcomes and Next Steps

Folder ID: 23969 Author: Andrew Chown, Principal Project Planner Recommendation That the Strategy Committee recommends that Council resolves to: 1. Acknowledge the submissions received with respect to the Nuriootpa West (Industry

BVR Zone) Development Plan Amendment (DPA);

2. Note the matters raised in the submissions and the suggested amendments proposed by Council staff; and

3. Authorise the Chief Executive Officer, who may delegate to the General Manager – Strategy and Development and Principal Project Planner, to liaise with the Department of Planning, Transport & Infrastructure (DPTI) with respect to the preparation of the final approval package for the further consideration of Council.

3. STR9.4.3/2015 Two Wells Road Development, Buchfelde Folder ID: 53961 Author: Andrew Chown, Principal Project Planner Craig Doyle, General Manager – Strategy & Development Recommendation That the Strategy Committee recommends that Council resolves to: 1. Acknowledge and receive the report titled ‘Two Wells Road Development Buchfelde –

Scoping Report (20 March 2015)’ prepared by URPS on behalf of Gawler River Landowners Group.

2. Include consideration of this proposal in Council’s response to the State Government’s

review of the 30 Year Plan for Greater Adelaide (the ‘Planning Strategy’), understood to be due for consultation in the 4th quarter of 2015.

3. Encourage the Gawler River Landowners Group to continue discussions on the proposal

with both Council and State Government representatives.

CARRIED 10.3 ECONOMIC DEVELOPMENT PANEL Nil Reports


10.4 AUDIT COMMITTEE Recommendation 1 Moved Cr Keith Ellis Seconded Cr Des Ellis That the Agenda, reports and minutes of the meeting of the Light Regional Council Audit Committee held Tuesday, 30 June 2015 be received.

CARRIED

Recommendation 2 Moved Cr Des Ellis Seconded Cr Rohrlach That the reports and recommendations of the meeting of the Light Regional Council Audit Committee held Tuesday, 30 June 2015 numbered 1 to 4, as listed below, be adopted.

1. AUD9.2.1/2015 2015/2016 Budget and 2016/2025 Long Term Financial Plan

Report Presenter: Rajith Udugampola, Finance Manager Recommendation That Council notes that the Light Regional Council Audit Committee received and noted the 2015/2016 Annual Business Plan, Budget and 2016/2025 Long Term Financial Plan.

2 AUD9.2.2/2015 Dean Newbery & Partners – External Audit Management

Letter Financial Year Ending 30 June 2015 Report Presenter: Rajith Udugampola, Finance Manager Recommendation 1. That Council notes that the Light Regional Council Audit Committee received the report

provided in regard to the Interim Audit of Council’s 2014/2015 Financial Year operations and, in regard to:

Item 1 General Ledger Control Account Reconciliations • The Audit Committee notes and concurs with comments

Item 2 Bank Reconciliation – General Bank Account • The Audit Committee would support writing off the amount of $1,366.30

however seeks a further report to the Committee advising administration update with regard to resolving the software issues.

Item 3 Master File Amendments Accounts Payable • The Audit Committee notes and concurs with management’s response.

Item 4 Contracts Register • The Audit Committee notes and concurs with managements’ response.

Item5 Payroll – Master File Amendments Exception Report • The Audit Committee notes no further action necessary.

Item 6 Payroll – Employee Personnel Files • The Audit Committee notes and concurs with management’s response.

Item 7 Council Register for Leases and Licences • The Audit Committee requests a further report updating the progress on what


has been proposed.

Item 8 Council Rates • The Audit Committee notes and concurs with management’s comments.

2. That Council receives the report in accordance with section 129 of the Local Government Act

1999. 3. That Council note the contents of Dean Newbery & Partners interim external audit

management letter dated 4 June 2015 concerning the outcomes of and actions required from the interim audit of Council’s 2014/2015 Financial Year operations.

3 AUD9.2.3/2015 Internal Control (Financial Management) Policy Report Presenter: June Austin, HR & Governance Manager Recommendation That the Audit Committee recommends that Council adopt the following Internal Controls (Financial Management) Policy document;

Internal Controls (Financial Management) Policy Reference Number: Section 6 No. 21 Responsible Department: Business & Governance Related Policy/Procedure: All Policies and Procedures Date of Adoption: 28 July 2015 Current Review Date: Minute Reference: 28 July 2015 page 2015/215 Version Number: Original Applicable Legislation: Local Government Act 1999 - Sections 125,

126, 129 & 130 Local Government (Accountability Framework) Amendment Act 2009 –Schedule 1 cl. 2. Local Government (Financial Management) Regulations 2011 r14 (e)

Next Review Date: July 2016 Review Frequency: Annually

1. Purpose

This policy provides clear direction to management, staff and the Council in relation to the internal financial control process implemented by the Council to facilitate a culture that adopts and promotes integrity, strong ethical values and competence; reinforcing the Council’s core values contained with its Strategic Management Plan.

Council is committed to maintaining an effective Internal Control environment.

2. Definition

Internal control is part of Council’s corporate governance framework and covers both financial and non-financial aspects of business operations including strategic management, business development, project management, finance, record management and risk


management. It comprises procedures to mitigate risks and provide reasonable assurance that operations are efficient and effective, assets are safeguarded, legislation and council policies/rulings are complied with and financial reporting is accurate and reliable.

3. Scope

This policy applies to all policies, procedures and practices where Section 125 of the Local Government Act, 1999 is foreseeable.

4. Policy Aims

This policy provides guidance relating to the establishment of an effective internal control system that seeks:-

a) to review and mitigate risks; b) to support management through the provision of documentation, systems and

procedures which shall be adhered to across Council by all employees; c) to ensure the propriety of transactions, integrity of information and compliance with all

legislative requirements including those provided for pursuant to Section 125 of the Local Government Act 1999;

d) the achievement of Council’s strategic plans and objectives through operational efficiency.

5. Policy Details

5.1 Risk Management Approach

Council will maintain an Internal Control system, incorporated into Council’s Risk Management Framework (Appendix A) to promote a proactive risk management culture. Internal controls will be applied to risks identified in the framework to minimise the inherent risks of associated activities to acceptable levels and to risks which may prevent council from meeting its objectives or not maximising its opportunities. Internal controls will be identified, documented, reviewed and managed for financial and non-financial. It is recognised that all risks cannot be eliminated, however the internal controls applied should reduce the likelihood of the risk occurring to within acceptable limits of risk.

5.2 Roles and Responsibilities

The Council is responsible for approval of the Internal Control (Financial Management) Policy and the Chief Executive Officer for developing and maintaining an internal control framework, which ensures Council objectives are achieved efficiently and effectively. Updates on changes to the framework will be presented to the Audit Committee. The Chief Executive Officer and principal member of Council must also sign the financial statements in regard to internal controls as required by Local Government (Financial Management) Regulations 2011. Management must adopt a risk management approach to identifying and assessing risks and apply cost/benefit analysis in the development of internal controls. Council employees must conduct their duties in accordance with internal control policies procedures and practices of Council.

5.3 Elements of the Internal Control Framework

The essential elements of an effective internal control framework are:

• Structure and culture of Council;


• Delegations of Authority; • Policies and procedures are communicated to employees; • Trained and properly qualified staff; • Information Technology controls; • Review process e.g. internal audit; • Liaison with auditors and legal advisors; • Senior Management compliance assurance; • Risk identification and assessment.

5.4 Internal Control Methods

Light Regional Council utilises a variety of methods to assess the effectiveness of various categories of internal controls. The categories, assessment tools and service providers are as follows:

5.5 Controls Over Records and Assets

Light Regional Council has the following internal controls in place to as a precautionary measure to protect its assets including plant, equipment and associated records; • Council records are stored in a fire proof room • Backup tapes of electronic data are stored off site • Council plant and equipment are keep in a secure location at the depot • Daily takings are kept in a secure location and banked daily • Limited access in accordance with delegations

5.6 Monitoring of Controls

The review and monitoring of internal controls may occur at many levels management/committees/Council. This function may also be undertaken by external parties including the external Auditors to undertake the required Audit Certification.

This monitoring function may be included in the; • Audit Committees’ annual working program • Review of the Strategic Management Plans • Budget reviews • Review of the Risk Register • Review of the Annual Business Plan Objectives

Category of Internal Control

Assessment Tool

Service Provider

Financial Internal Controls

Best Practice Model - Internal Financial Controls Deloitte ‘Control Track’

Local Government Association Deloitte Australia

Governance Internal Controls

Review of key financial policies including the Treasury Management, Asset Capitalisation, Debt Management and Procurement Policies


Risk Management Internal Controls

LGA Mutual Liability Scheme –Insurance including public liability

LGAMLS – Annual Audit

Delegations Internal Controls

Delegations Register Internal Database – Reviewed quarterly in line with the LGA update

Policies and Procedures Electronic Records Management System

InfoXpert – Automatic reminders for review dates


Council utilises the Deloitte ‘Control Track’ system to undertake an electronic internal control audit which ensures selected internal controls are reviewed to; • Identify risks • Develop continuous improvement action • Implement improvement • Monitor effectiveness of improvement

6. References

• Local Government Act 1999, Section 125 • Australian/New Zealand Standard AS/NZS ISO 31000:2009

7. Review of Policy and Database of Internal Controls

Council’s Internal Control Policy will be reviewed annually. The database of internal controls will be reviewed at least every twelve months to ensure all controls are current and appropriate and the General Management Group and the Audit Committee will be informed of the outcome of each review and updated regularly on progress with action plans identified during the reviews.

8. History of Policy Amendment

1. Policy adopted by the Audit Committee on 30 June 2015 2. Policy adopted by the Council on 28 July 2015, Refer Minute Reference Page 2015/215

4 AUD9.2.4/2015 Review Audit Committee Working Program for 2014/2015 Financial Year

Report Presenter: Richard Michael, General Manager, Business & Governance Recommendation That Council notes that the Light Regional Council Audit Committee received the report provided in relation to the Audit Committee Working Program and requested that a draft program for Review Audit Committee Working Program for 2015/2016 Financial Year be presented at its August meeting; and further recommends to Council; 1. That Council acknowledges the progress report on the Audit Committee 2014/2015

financial year work program detailed as follows

Light Regional Council – Audit Committee Working Program (July 2014 to June 2015)

(Adopted 19 August 2014, review dated Tuesday, 30 June 2015)

Program Topic

Sub-Program Priority (in

numerical order)

Projected End Date


year)




Priority 2

June 2015

Completed - Budget Framework adopted at 27 January 2015 Council meeting. Elected Member workshops held on 3 March 2015, 17 March 2015 and 14 April 2015. Report for Decision presented

Implement timetable for preparation and adoption of 2015/2016 Annual Business Plan and Budget. Target date for adoption Tuesday, 23 June 2015. Budget Framework documentation to include; • Review 2014/2015


to April 2015 Council Meeting. Public consultation undertaken. Public meeting held with May 2015 council meeting. Annual Business Plan and Budget presented to June 2015 council meeting for adoption.

process for refinement, build on process enhancement.




• Review financial sustainability indicators and review 4 year and Long Term Financial Plan allowing for additional elected member and managerial input following November 2014 council election;

• Undertake Elected Member briefing session(s) following November 2014 council election.




2. Review

delivery of quarterly budget reconsiderations and other financial reporting matters.

Priority 3 Qtr. 1 November 2014, Qtr. 2 February, 2015, Qtr. 3 April 2015, Qtr. 4 - as

Completed - Review 1 presented to 25 November 2014 Council meeting (Item 10.2.2) Completed - Review 2 (Mid-Year Review) presented to 24 February 2015 Council meeting (Item 11.2.3) Completed - Review 3, presented to 26 May 2015 Council meeting (Item 13.2.1) Update to be



part of EOY work

prepared as part of 2014/2015 end of financial year work. Expected presentation to Audit Committee is August 2015.



Completed – Presented to 25 November 2014 Council Meeting. Distributed as required.




Commenced – Report discussing fixed charge as opposed to a minimum rate presented to 24 February 2015 Council meeting. Primary Production Ratepayer Survey which closed on 20 April 2015. The survey data collated and has provided preliminary data to determine the number of Single Farm Enterprises which might be subject to a single Fixed Charge. Further analysis and reporting to occur for presentation to Committee and Council. Carry over project to 2015/2016 Audit Committee Working Program.

Review general rate methodology and equity in line with Rating Panel discussion of June 2014.

Strategic Planning



Completed – adopted along with 2015/2016 Annual Business Plan and Budget at 23 June 2015 council meeting.

Project is to occur as part of strategic document review following the election of the new council in November 2014. To coincide with development of the 2015/2016 Annual Business Plan and Budget. Objective is to maintain operating deficit reduction to balanced Income Statement at 2018.


Priority 2 June 2015 Completed, as above. As above. Amended financial sustainability targets to be set with revised Long Term Financial Plan.

3. Review Infrastructure & Asset Management

Priority 2

June 2015 Commenced – For Information report presented to Infrastructure

Project is to occur as part of strategic document review following the election of the new council in November


Plan (IAMP) Committee meeting of 4 February 2015 in response to a Question from Council. Subsequent reports adopted by Council and data being used as draft budget capital works programs for the 2015/2016 financial year and beyond (first 4 year detailed program in particular). 4 year plan adopted as part of Annual Business Plan and Budget process for the 2015/2016 year. Carry over project to 2015/2016 Audit Committee Working Program.

2014. To coincide with development of the 2015/2016 Annual Business Plan and Budget. Re-modelling of IAMP (in particular infrastructure data) to fine tune depreciation and capital renewal programs to continue.


Priority 1 June 2015 Commenced – Further development of the Land & Buildings IAMP has been delayed due to resources being focussed on the Gawler Water Reuse Scheme. Land & Building Asset revaluation project awarded to Maloney Field Services. Final report due for 2014/2015 end of financial year work. Carry over project to 2015/2016 Audit Committee Working Program.

Finalise preparation of Land & Buildings IAMP Chapter is being drafted by Council’s Land & Buildings Administrator for presentation to Audit Committee and Council. Following sample data collection of 2013/2014, undertake revaluation of land and buildings assets in accordance with Asset Revaluation works program and Accounting Standards.


Priority 4 June 2015 Delayed - Further program works have been delayed due to resources being focussed on the Gawler Water Reuse Scheme. Carry over project to 2015/2016 Audit Committee Working Program.

Provide policy discussion for matters relating to systems improvement, asset recognition and depreciation. Review IAMP Maturity Assessment program progression plan.




Completed – 24 February 2015 committee agenda.


2. Prepare appropriate

Priority 2 June 2015 Substantially Completed – Council

Complete policy review as per adopted process in the


policy documents having reference to the Local Government Authority’s Financial Sustainability and Business Excellence programs.

policy and procedure documents being reviewed following 2014 Council election. Draft Rates Hardship Policies and Draft Internal Control Policy under consideration by Committee. Revised Debtor Management Policy and Procurement Policy adopted. Separate Rate Policy adopted. Council Members Allowances & Expenses Policy and Sale & Disposal of Assets Policy drafted. Audit Committee policy reviewed along with annual operations. Local Government Land By-law review commenced by Strategy & Development Department. Carry over project to 2015/2016 Audit Committee Working Program.

2012/2013 financial year, i.e. refined process implemented with workshop groups driving a 7 stage review process. In particular review the following policies and associated guidelines following the November 2014 council election; • Sale & Disposal of

Assets • Asset Management

and Capitalisation • Rate Rebate • Debtor Management • Procurement (refer

regional Arc Blue project)

• Corporate Purchasing Card

• Motor Vehicle Management

• Council Members Training & Development

• Audit Committee • Public Consultation • Fraud & Corruption

Prevention • Internal Control • Order Making • Local Government

Land By-Law • Separate Rate



Completed – Refer to report presented to 17 February 2015 committee meeting. Completed - Report presented to 17 March 2015 Committee meeting. Completed - Report to be presented to June 2015 Committee meeting updating proposed policy.

Deloitte’s electronic Control Assessment & Management System commenced. Implementation of program in readiness for regulation compliance in the 2015/2016 financial year. Continual review of operational processes to meet separation of duty and control functions, and to meet auditor requirements.

4. Rates Debt Priority 2 June 2015 Commenced & Delayed – Various reports presented to Council during the 2014/2015 year on debt related matters. In relation to the section 185 process application, DEWNR

Review program of events to progress actions associated with Local Government Act section 184 (sale for non-payment of rates) and section 185 (land acquisition and disposal by Ministerial approval) procedures commenced by Council resolution.


staff advise on 17 June 2015) that the application is still being processed through the department’s management structure. Carry over project to 2015/2016 Audit Committee Working Program.

• Finalise remainder of

property sales offered under section 184 process implemented May 2014.

• Obtain Ministerial approval to proceed with section 185 process and transfer those 18 properties in accordance with agreed negotiations.





Priority 4

November 2014

Completed - Audit Committee Policy and Terms of Reference reviewed at 17 February 2015 Committee meeting, subsequently adopted by Council.




Completed – Refer to report 17 February 2015 agenda and minutes. -

Twice annually, following the Interim and Annual Audit programs undertaken by Council’s external Auditor, Dean Newbery and Partners, present Auditor reports to the Committee for consideration and action (if required). Invitation will be extended to the Auditor to speak to the Committee following the Annual Audit program at the time of preparing the Annual Financial Statement.


Priority 2

November 2014

Completed - Refer to Item 1 above. Note no items noted within the Council Auditor’s report.



Priority 3 November 2014 February 2015

Completed - 17 February 2015 meeting. Completed – 21 April 2015 meeting.



June 2015

Completed – 30 June 2015 meeting.

5.Tender for Audit Services

Priority 1 June 2015 Substantially Completed –Joint tender arrangement for the 2015 to 2020 period undertaken with Barossa Region Procurement Group (Barossa, Mallala, Mid-Murray and Light Councils). Preferred tender service provider selected, refer to confidential report 30 June 2015 committee meeting

The current Audit contract covers the period 1/7/2010 to 30/6/2015. An Expression of Interest or Tender document will be released to the sector for Council’s Audit Services for the period covering 1/7/2015 to 30/6/2020.

CARRIED 10.5 OTHER Nil Reports



11.1 Roseworthy Township Expansion Development Plan Amendment (DPA) – July 2015 Update

File: 22231

Author: Andrew Chown, Principal Project Planner 11.2 ANZAC Centenary Projects Update Author: Lorinda Bayley, Community Development Officer

11.3 Update on Preparation of Infrastructure & Asset Management Plan (IAMP)

Author: Kieren Chappell, Manager Engineering & Assets

Mayor O’Brien commended Mr Kieren Chappell and his team for the work performed.

Moved Cr Kerin Seconded Cr Des Ellis That a Workshop be held to better inform the Elected Members on the Infrastructure & Asset Management Plan.

CARRIED 11.4 Kapunda Bowling Club Redevelopment Author: James Miller, General Manager – Economic Development


11.5 Kapunda Retirement Village Author: James Miller, General Manager – Economic Development 11.6 Community Bank – Bendigo Bank Initiative Author: James Miller, General Manager – Economic Development 11.7 Freeling Indoor Recreation Facility – Progress Update Author: James Miller, General Manager – Economic Development 11.8 Freeling Library Wireless Internet (WIFI) File: 21878

Author: Pepper Mickan, Library Services Manager 11.9 Kapunda Library Temporary Closure for Minor Works File: 21878

Author: Pepper Mickan, Library Services Manager 11.10 Update on the July School Holiday Activities at the Library File: 21878

Author: Pepper Mickan, Library Services Manager 11.11 Update on the Library Function Room Usage File: 21878

Author: Pepper Mickan, Library Services Manager Moved Cr Reichstein Seconded Cr Keith Ellis That the reports on delegated authority and information items be received and the contents therein be noted by Council.

CARRIED 12. STATUTORY REPORTS FOR DECISION Recommendation 1 Moved Cr Kennelly Seconded Cr Lewis That the Agenda and reports presented under Item 12. – Statutory Reports for Decision of this ordinary meeting of the Light Regional Council held Tuesday, 28 July 2015 be received.

CARRIED


Recommendation 2 Moved Cr Rohrlach Seconded Cr Des Ellis That the reports of the meeting of the Light Regional Council held Tuesday, 28 July 2015 and the associated recommendations as set out below under Item 12. Statutory Reports for Decision be adopted.

Item No: Report Heading (Index of Statutory Reports for Decision)

Pager 2015/

12.2.1 Council Delegations – Annual Review

12.2.2 Internal Review of Council Decisions – Procedure Review

12.2.4 Council Member Training and Development – Policy Review

12.4.2 Land Management Agreement – 5 Crane Street, Kapunda - Certificate of Title: Volume 5982 Folio 269

12.4.3 By-Law Review 2015

226

231

237

239

240

12.1 CHIEF EXECUTIVE OFFICER Nil Reports

12.2 GENERAL MANAGER, BUSINESS & GOVERNANCE 12.2.1 Council Delegations – Annual Review

Folder ID: 1923 Author: Valda Baker-Wells, Executive Assistant Moved Cr Rohrlach Seconded Cr Des Ellis That having conducted its annual review of the Council’s Delegations Register in accordance with Section 44(6) of the Local Government Act 1999, the Council:

1. Revocations

1.1 Hereby revokes its previous delegations to the Chief Executive Officer of those powers and functions under the following:

1.1.1 Community Titles Act 1996

1.1.2 Development Act 1993 and Development Regulations 2008

1.1.3 Dog & Cat Management Act 1995

1.1.4 Environment Protection Act 1993 and Environment Protection (Waste Management) Policy 2010


1.1.5 Expiation of Offences Act 1996

1.1.6 Fences Act 1975

1.1.7 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005

1.1.8 Food Act 2001

1.1.9 Freedom of Information Act 1991

1.1.10 Housing Improvement Act 1940

1.1.11 Land & Business (Sale and Conveyancing) Act 1994

1.1.12 Liquor Licensing Act 1997

1.1.13 Local Government Act 1934

1.1.14 Local Government Act 1999

1.1.15 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005

1.1.16 Roads (Opening & Closing) Act 1991

1.1.17 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014

1.1.18 South Australian Public Health Act 2011 along with the South Australian Public Health (Legionella) Regulations 2013 and the South Australian Public Health (Wastewater) Regulations 2013

1.1.19 Supported Residential Facilities Act 1992

1.1.20 Unclaimed Goods Act 1987

1.1.21 Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014.

1.2 Hereby revokes its previous delegations to its Development Assessment Panel under the Development Act 1993 and Development Regulations 2008.

2. Delegations made under Local Government Act 1999

2.1 In exercise of the power contained in Section 44 of the Local Government Act 1999 the powers and functions under the following Acts and specified in the proposed Instruments of Delegation contained in Appendices 11.2A to 11.2R (each of which is individually identified as indicated below) are hereby delegated this 28th day of July 2015 to the person occupying the office of Chief Executive Officer subject to the conditions and or limitations specified herein or in the Schedule of Conditions in each such proposed Instrument of Delegation.

2.1.1 Community Titles Act 1996 (Appendix 12.2A)

2.1.2 Dog & Cat Management Act 1995 (Appendix 12.2B)


2.1.3 Environment Protection Act 1993 (Appendix 12.2C)

2.1.4 Expiation of Offences Act 1996 (Appendix 12.2D)

2.1.5 Fences Act 1975 (Appendix 12.2E)

2.1.6 Fire and Emergency Services Act 2005 and Fire and Emergency Services Regulations 2005 (Appendix 12.2F)

2.1.7 Freedom of Information Act 1991 (Appendix 12.2G)

2.1.8 Housing Improvement Act 1940 (Appendix 12.2H)

2.1.9 Land & Business (Sale & Conveyancing) Act 1994 (Appendix 12.2I)

2.1.10 Liquor Licensing Act 1997 (Appendix 12.2J)

2.1.11 Local Government Act 1934 (Appendix 12.2K)

2.1.12 Local Government Act 1999 (Appendix 12.2L)

2.1.13 Natural Resources Management Act 2004, Natural Resources Management (General) Regulations 2005 and Natural Resources Management (Transitional Provisions - Levies) Regulations 2005 (Appendix 12.2M)

2.1.14 Roads (Opening and Closing) Act 1991 (Appendix 12.2N)

2.1.15 Road Traffic Act 1961 (SA), Road Traffic (Miscellaneous) Regulations 2014 and Road Traffic (Road Rules – Ancillary and Miscellaneous Provisions) Regulations 2014 (Appendix 12.2O)

2.1.16 South Australian Public Health Act 2011, (Legionella) Regs 2013, (Wastewater) Regs 2013 (Appendix 12.2P)

2.1.17 Unclaimed Goods Act 1987 (Appendix 12.2Q).

2.1.18 Burial and Cremation Act 2013 and Burial and Cremation Regulations 2014 (Appendix 12.2R).

2.2 Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein or in the Schedule of Conditions contained in each such proposed Instrument of Delegation.


3. Delegations made under Development Act 1993

3.1 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993, the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 28th day of July 2015 and entitled Council Delegations – Annual Review and marked Appendix 12.2S) (distributed under separate cover) are hereby delegated this 28th day of July 2015 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

3.3 In exercise of the powers contained in Section 20 and 34(23) of the Development Act 1993 the powers and functions under the Development Act 1993 and the Development Regulations 2008 contained in the proposed Instrument of Delegation (annexed to the Report dated 28th day of July 2015 and entitled Council Delegations – Annual Review (distributed under separate cover) and which are specified below are hereby delegated to the Council’s Development Assessment Panel, subject to any conditions specified herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Development Act 1993.

Description Relevant Powers and Functions Development Act 1993 Concept of Change in the Use of Land 1.1 Matters Against Which Development must be Assessed 10.1.3, 10.2 Special Provisions Relating to Assessment Against Development Plans 12.1, 12.2, 12.3, 12.4, 12.5, Public Notice and Consultation 17.6, 17.7, 17.8, 17.10, 17.11 Application and Provision of Information 18.1.1, 18.1.2, 18.1.4, 18.1.5,

18.4, 18.7, 18.10, 18.16 Determination of Application 19.2 Conditions 21.1 Crown Development & Public Infrastructure 24.2, 24.3 Open Space Contribution System 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 Car Parking Fund 27.3, 27.4, 27.5 Saving Provisions 30.1 Avoidance of duplication of procedures in relation to EPBC Act 1999 31.1, 31.2, 31.3, 31.4, 31.5 Development Regulations 2008 Non-Complying Development 60.1, 60.2 Amended Applications 62.1, 62.2 Contravening Development 64.1 Determination of Commission as Relevant Authority 74.1 Scheme Description – Community Titles 79.1, 79.2 Width of Roads and Thoroughfares 83.1, 83.2 Road Widening 84.1 Requirement as to Forming of Roads 85.1, 85.2, 85.3 Construction of Roads, Bridges, Drains and Services 86.1 General Land Division 88.2


Division of Land by Strata Title 89.1 General Provisions 90.1 Schedule 4 – new Dwellings 108.1 Schedule 10 – Decisions by the Development Assessment Commission 119.1.2

4. Delegations made under Food Act 2001

4.1 In exercise of the powers contained in Section 91 of the Food Act 2001, the powers and functions under the Food Act 2001 contained in the proposed Instrument of Delegation (annexed to the Report dated 28th day of July 2015 and entitled Council Delegations – Annual Review and marked Appendix 12.2T) (distributed under separate cover) are hereby delegated this 28th day of July 2015 to the person occupying the office of Chief Executive Officer (“the head of the enforcement agency” for the purposes of the Food Act 2001), subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

4.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Food Act 2001.

5. Delegations under Supported Residential Facilities Act 1992

5.1 In exercise of the power contained in Section 9 of the Supported Residential Facilities Act 1992, the powers and functions under the Supported Residential Facilities Act 1992 contained in the proposed Instrument of Delegation (annexed to the Report dated 28th day of July 2015 and entitled Council Delegations – Annual Review and marked Appendix 12.2U) (distributed under separate cover) are hereby delegated this 28th day of July 2015 to the person occupying the office of Chief Executive Officer, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

5.2 Such powers and functions may be further delegated by the Chief Executive Officer as the Chief Executive Officer sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Supported Residential Facilities Act 1992.

6. Authorisations and Subdelegation under the Road Traffic Act 1961

6.1 In accordance with the Instrument of General Approval and Delegation to Council dated 22 August 2013 from the Minister for Transport and Infrastructure (the ‘Instrument’) the Council authorises the following person(s) pursuant to Clause A.7 of the Instrument to endorse Traffic Impact Statements for the purposes of Clause A of the Instrument provided that such person(s) shall take into account the matters specified in Clause A.7 of the Instrument in respect of Traffic Impact Statements:

GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT GENERAL MANAGER, STRATEGY & DEVELOPMENT DEVELOPMENT ENGINEER MANAGER, ENGINEERING & ASSETS

6.2 In accordance with Clause A.7 of the Instrument, the Council is of the opinion that the following person(s) is/are experienced traffic engineering practitioner(s) for the purposes of preparing a Traffic Impact Statement as required by Clause A.7 of the Instrument:

RICHARD DODSON


6.3 In exercise of the power contained in, and in accordance with, Clause G.1 of the Instrument, the power contained in Section 33(1) of the Road Traffic Act 1961 and delegated to the Council pursuant to Clause G of the Instrument and contained in the proposed Instrument of Sub-delegation (annexed to the Report dated 28th day of July 2015 and entitled Council Delegations – Annual Review and marked Appendix 12.2V) is hereby sub-delegated this 28th day of July 2015 to the person occupying the office of Chief Executive Officer of the Council subject to:

(i) the conditions contained in the Instrument; and

(ii) any conditions contained in this Resolution or in the Instrument of Subdelegation.; and

(iii) the creation of a separate instrument in writing reflecting such subdelegation under the Instrument and this Resolution.

7.4 In accordance with Clause E.2 of the Instrument, the Council is of the opinion that the following person(s) has (have) an appropriate level of knowledge and expertise in the preparation of traffic management Plans:

TECHNICAL OFFICER – INFRASTRUCTURE & ENVIRONMENT CONTRACTS MANAGEMENT OFFICER

CARRIED 12.2.2 Internal Review of Council Decisions – Procedure

Review Folder ID: 24013 Author: June Austin, HR and Governance Manager Moved Cr Rohrlach Seconded Cr Des Ellis That Council adopts the revised Internal Review of Council Decisions Procedure as follows:

Internal Review of Council Decisions Procedure Reference Number: Section 6 No. 13 Responsible Department: Business & Governance Related Policy/Procedure: 6.12 Complaints Handling Policy Date of Adoption: 21 November 2000 Current Review Date: 22 July 2015 Minute Reference: 28 July 2015 Page 2015/231 Version Number: Amendment No. 3 Applicable Legislation: Local Government Act, 1999 Section 270 Next Review Date: 1 December 2018 Review Frequency: Within 12 months of Council election (4 yearly)

Purpose

The purpose is to describe the procedure that will be applied by Light Regional Council in dealing with applications for a formal review relating to decisions of the Council, employees of the Council, and other persons acting on behalf of the Council.


2. Legislation

The Procedure will apply as set out in this document and in accordance with Section 270 of the Act.

3 Aims

The Light Regional Council’s aim is to:

• Demonstrate its commitment to transparent decision making processes, and to providing access to a fair and objective procedure for the internal review of decisions.

• Resolve grievances quickly and efficiently, without the need for formal applications for review to be lodged, where possible.

• Focus on council’s approach to service delivery and provide a further opportunity to review the way Council provides services to the community, and to identify areas for improvement.

4. Internal Review of Council Decision Procedures

In this section the following terms mean;

“Application” refers to a formal request for review of a decision of Council

“Applicant refers to the person(s) who lodge an Application 1“Contact Officer” is the Chief Executive Officer (CEO). The CEO may subdelegate the role of Contact Officer. The Contact Officer cannot be the Review Officer (see clause 4.4.3)

4.1 Application of the Internal Review of Council Decisions Procedure.

The Procedure assumes that generally a matter commences as a grievance and may move into a formal request for internal review of a Council decision, if the matter is not resolved and the person is still aggrieved.

Issues arise about a range of matters during the course of Council’s day to day activities. Most grievances are initially made verbally by telephone, face-to-face to a Council officer, via email or in writing. Sometimes Elected Members also receive grievances. Grievances will be referred to the relevant Council staff member in the first instance and 2prompt action generally results in the matter being resolved informally and without the requirement to follow the steps set out in the Procedure.

3The Procedure will apply to formal requests for review of a decision of the Council, its employees or other persons acting on behalf of Council except where alternative statutory procedures are available to the Applicant including:

• Electoral Issues – Local Government (Elections) Act

• Development Act matters

• Freedom of Information requests

• Expiation of Offences – for example, dog and parking Controls

• By-Laws and Order Making powers

• Objections to valuations of properties and attribution of land use to land

• Declarations

• Invalid Rate

1 LG Act 1999 Part 2 S270 2(b) 2 refer to Light Regional Council’s Complaints Handling Policy 3 LG Act 1999 Part 2 S270 (1)(a)(b)(c)


• Code of Conduct issues

• Employment related matters

• Conflict of Interest matters – Council members

• Electoral sign issues

• Decisions made pursuant to other Acts, which provide for specific review or appeal mechanisms in relation to the decision

• Matters relating to HACC services, where specific complaint mechanisms are identified.

An Application will initiate the process under the Procedure.

4.2 Applicants

Where an Applicant makes an Application under the Procedure the matter will be dealt with as set out in the Procedure. The Chief Executive Officer may dispense with the requirement that an Application be lodged for a matter to be handled pursuant to the Procedure and may notwithstanding the absence of an Application deal with a matter pursuant to the Procedure. The Procedure will apply to all applications or requests for review of a decision of the Council, an employee of the Council or other person acting on behalf of the Council, except in instances where specific review or appeal procedures are prescribed in legislation. Examples are shown at clause 4.1. Any person may lodge an Application. Residents, ratepayers, members of a community group, users of Council’s facilities, and visitors to the area all have the right to lodge an Application.

4.3 Lodging the application

4A formal Application must be made in writing lodged by letter, fax or e-mail, to the Contact Officer. Each such request must contain the following information;

• Applicant name/contact information

• Date of lodgement

• Reasons for and details of the request for review

• Resolution sought by applicant

• Other relevant information.

Assistance will be provided to Applicants where necessary. Council will seek to maintain confidentiality as far as is possible, and only relevant parties will be involved. Applicants will be encouraged to observe confidentiality also, as this is likely to achieve the fairest result for all concerned. However the Council has obligations in relation to the release of information under amongst other Acts, the Local Government Act 1999 and the Freedom of Information Act 2001 which may require the Council to disclose details including details about the Applicant and the Application. Applicants should not assume that such details will be kept confidential.

4.4 Review of Application

4.4.1 5Principles of natural justice will be observed in dealing with an Application. All parties will have the opportunity to express their point of view, be heard, provide relevant

4 LG Act 1999 Part 2 S270 (2)(a) 5 LG Act 1999 Part 2 S270 (2)(b)


information, and respond to issues raised. Council has a Contact Officer who is responsible for dealing with an Application in the first instance.

4.2.2 Dealing with grievances at the local level is the most effective way of resolving matters

quickly. Applicants for review of decisions will be encouraged to participate in the review procedure co-operatively. However, this will not negate citizens’ rights to seek external/independent review through the State Ombudsman, other legal appeal processes, or the Courts.

4.4.3 The Contact Officer will assess the request, determine the appropriate action, and

arrange for the Application to be considered by a Review Officer, unless the Application is to be referred to the Council for consideration. The Review Officer will be a Senior Officer not associated with the decision to which the Application relates and will be appointed by the Contact Officer or the Council.

4.4.4 6Some matters will be referred directly to Council for consideration or re-consideration.

The types of Applications that will be referred to Council are those regarding:

• Decisions made by resolution of Council

• Council endorsed objectives and policies .

• Budgetary matters, or evaluation of service delivery matters.

• Civic and ceremonial matters.

• The Internal Review of Council Decisions Procedure, or the process applied.

• Issues that are likely to be of interest to the wider community.

• Matters which may involve litigation.

• Determinations to refuse to consider an Application on the grounds that the Application is frivolous or vexatious, or where the Applicant does not have a sufficient interest in the matter

• Any other matters at the discretion of the Contact Officer or Chief Executive Officer.

4.4.5 7Applications that relate to the impact that any declaration of rates or service charges may have on ratepayers will be dealt with promptly and, if appropriate, addressed through the provision of relief or concessions under the Act.

4.4.6 The Contact Officer has a number of options when deciding to initiate an internal review.

Namely the Contact Officer may refer the matter directly to the Council or a Committee of Council; undertake the review process; allocate the matter to a Review Officer (independent of the original decision) of the Council; refer the matter for an independent review by an officer or internal review committee (such as the Governance Advisory Panel) or outside of the organisation; or, the Contact Officer may wish to seek legal advice on the matter prior to referring the issue to any of the aforementioned.

6 LG Act 1999 Part 2 S270 (2)(c) 7 LG Act 1999 Part 2 S270 (2)(ca)


4.4.7 8On the completion of the review process, the Contact Officer shall ensure that any outcomes resulting from the review are relayed to the relevant parties, ensuring that all parties are informed of the rationale/reasons for the outcome of the review. Where the matter is not resolved to the Applicant’s satisfaction, the Contact Officer should advise the Applicant about the options for external/independent review, which may include referral to the State Ombudsman, legal advice, and/or the courts.

4.5 Review Timeframe

9An Application will be formally acknowledged within 5 working days of receipt, and advice will be provided to the Applicant about the expected timeframe for dealing with the Application. In most cases an Application will be considered within 30 days, although in some circumstances it may take longer, for example where an Application has been referred to the Council for consideration or where, due to the nature or complexity of the Application, additional time is required. However, in all cases, Applicants will be kept informed about the progress of the review, and advised in writing of the outcome of the review procedure and process. If Applications are not resolved satisfactorily, Applicants will be advised of other options for review, such as the State Ombudsman, legal advice, and/or the courts.

4.6 Record Keeping

Keep clear and accurate records of interviews and review actions, focussing on factual information. Records are to be kept safe and secure, utilising 10InfoXpert with only relevant parties given authority to access to the records.

Staff will provide a report stating the use of the Internal Review of Council Decisions in the Annual Report in accordance with the Local Government Act, Section 270 (8).

8 LG Act 1999 Part 2 S270 (2)(d) 9 LG Act 1999 Part 2 S270 (2)(e) and (d) 10 Council’s electronic records management system


4.7 Review Options Available to Applicants

The following diagram demonstrates the review processes available to the Applicant for the review of a decision of the Council, an employee of the Council or other person acting on the Council’s behalf.

5. References

Local Government Act 1999 Complaints Handling Policy 6. Review and Re-Evaluation

In order to ensure Council continues to provide the best possible internal review of council decisions for its customers, this procedure will be subject to evaluation and review within 12 months of a Council election.

History of Procedure Amendment

1. Procedure adopted 21/11/2000 see Council Minutes Reference 15.2.6, Page 2000/380

2. Guidelines adopted 13/12/2000 see Council Minutes Reference 15.2.7, Page 2000/401

3. Amendment No. 1 was adopted by Council on 21 August 2007, see Minute Reference 10.2.1, Page 2007/247.

4. Amendment No. 2 was adopted at Council meeting held 26 November 2013, see Minute Reference GAP9.2.2/2013 Page 2013/369.

5. Amendment No. 3 was adopted at Council meeting held 28 July 2015, see Minute Reference 28 July 2015 Page 2015/231


For further information:

All initial enquiries should be made to the Council’s Chief Executive Officer situated at the Light Regional Council’s Kapunda office, 93 Main Street, Kapunda (or by telephoning 08 8525 3200 during office hours ie 9.00 am to 5.00 pm) for advice about the Procedure.

Copies of the Procedure are available from the Light Regional Council at no charge.

CARRIED Cr Mitchell entered the Chamber at 5:50pm 12.2.3 Central Local Government Region of South Australia,

Notice of AGM and Future Directions Update

(refer to page 2015/240 of these Minutes) 12.2.4 Council Member Training and Development – Policy

Review

Folder ID: 24013 Author: June Austin, HR and Governance Manager Moved Cr Rohrlach Seconded Cr Des Ellis That Council adopts the revised Council Members Training and Development Policy as follows:

Council Members Training and Development Policy Reference Number: Section 6 No. 1 Responsible Department: Business & Governance Related Policy/Procedure: Date of Adoption: 18 April 2006 Current Review Date: 28 July 2015 Minute Reference: 28 July 2015 Page 2015/237 Version Number: Amendment No. 1 Applicable Legislation: Local Government Act, 1999 Section 80A Next Review Date: 1 December 2018 Review Frequency: Within 12 months of Council election (4 yearly)

1. Purpose

Light Regional Council is committed to providing training and professional development activities for its Council Members and recognises its responsibility to develop and adopt a policy for this purpose pursuant to Section 80A of the Local Government Act, 1999.

2. Scope

Council member training and development programs will be provided in accordance with: • Section 80A(2)(b) of the Local Government Act; • Section 8AA of the Local Government (General) Regulations 2013; and • The Local Government Training Standards.

3. Policy Aim

To assist Council members in the performance and discharge of their functions and duties.


4. Policy Details 4.1. Training and Development Plan

A training and development plan will be established each year in consultation with Council members to identify their training requirements and to ensure compliance with the above mentioned sections of the Act and Regulations.

Council, at the time of formulating its annual budget, will ensure sufficient allocation of funds are made available to undertake the annual training and development programs.

4.2. Training Delivery

It is recognised that a range of delivery methods will be required to support the educational needs of Council Members, including:

• Informal (briefing) sessions or workshops conducted by Council with appropriate guest speakers and trainers;

• Attendance at seminars and conferences offered by organisations such as the Local Government Association of SA, Australian Local Government Association, Local Government Managers Australia and other external providers on issues pertaining to the local government sector, good governance or best practice;

• Regional training programs;

• Training material that could be distributed to Members for information;

• On-line training delivery

4.3. Attendance at Training Programs/Activities

Council Members must undertake regular training in accordance with this policy (ref: (Local Government (General) Regulations (8AA (i)(a)).

The annual training and development plan will determine the nature of training to be made available. Access to training programs not directly conducted by the Council will require approval upon application and must link to the training and development plan unless otherwise agreed by the Mayor.

4.4. Payments/Reimbursements

Where approval has been granted by Council for attendance at a training program/activity a Member may seek reimbursement of expenses in accordance with the relevant provisions of the Local Government Act and Regulations.

5. Annual Reporting

Council’s annual report will include a segment regarding the operation of this Policy, the nature of matters raised in the training plan, attendances by Members and expenditure allocated and used for training of Council Members.

Policy History

1. Original policy adopted by Council on 18 April 2006 see Council Minutes Reference 9.2.3, Page 2006/91.

2. Amendment 1 adopted at Council on 28 July 2015 see Council Minutes Reference Page 2015/237 CARRIED


12.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT 12.3.1 Five Shillings Estate – Advancement of Stage 1B Civil

Works (refer to page 2015/241of these Minutes) 12.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT 12.4.1 Kapunda Rail Trail – Railway Corridor Ground Licence

(refer to page 2015/241 of these Minutes) 12.4.2 Land Management Agreement – 5 Crane Street,

Kapunda - Certificate of Title: Volume 5982 Folio 269

Folder ID: Development Application 313/D002/2014 Author: Darby Schultz, Development Officer - Planning Moved Cr Rohrlach Seconded Cr Des Ellis 1. That Council agrees to enter into a Land Management Agreement with David James Cobbledick and

Margaret Catherine Cobbledick of 5 Crane Street, Kapunda in relation to the subject land identified as 5 (Lot 741) Crane Street, Kapunda comprised within Certificate of Title Register Book Volume 5982 Folio 269 having had regard to their obligations under Section 57 (2a) of the Development Act 1993; and

2. That Council, pursuant to Sections 38 and 44 of the Local Government Act 1999, delegate authority to the Mayor and Chief Executive Officer to execute under Common Seal the Land Management Agreement that forms Appendix 12.4D. The Land Management Agreement between David James Cobbledick and Margaret Catherine Cobbledick and the Light Regional Council requires that future dwellings and domestic outbuildings conform to the physical requirements detailed within the Land Management Agreement; and

3. That, the Land Management Agreement shall be registered on the parent title prior to issuing of Development Plan Consent, Land Division Consent and Development Approval; and

4. That, pursuant to Section 38 and 44 of the Local Government Act 1999, Council delegate authority to the Mayor and Chief Executive Officer to affix the Council Seal to the “Certificate of Consent for the Deposit of a Plan of Division” when presented to staff provided it is consistent with approved stamped plans forming part of DA 313/D002/2014 – Land Division to create two (2) allotments from one (1) existing allotment at 5 Crane Street, Kapunda; and

5. That Council further delegate authority to the Mayor and Chief Executive Officer to affix the Council Seal to the “Request for Rescission” at such time it is presented to staff in order to ensure the LMA is removed from proposed allotment 97 given the physical controls outlined in the LMA are not applicable to this particular allotment.

CARRIED


12.4.3 By-Law Review 2015 Author: Lisa Sapio, Manager – Development Services Moved Cr Rohrlach Seconded Cr Des Ellis 1. That the Council endorse Draft By-Laws:

a. No 1 - Permits and Penalties; b. No 2 - Moveable Signs; c. No 3 - Roads; d. No 4 - Local Government Land; e. No 5 - Dogs; f. No 6 - Cats and; g. No 7 - Nuisances Caused by Building Sites;

As attached in the report entitled By-Law Review 2015 (Appendix 12.4F) for the purpose of public

consultation in accordance with section 249 of the Local Government Act 1999. 2. That the Chief Executive Officer be authorised who in turn will instruct the Manager – Development

Services to make copies of the Draft By-Laws available for public inspection without charge at the Principal Office of the Council (Kapunda) and Freeling Branch Office during ordinary office hours, all of Council’s libraries and on the Council website. Public consultation shall commence within 10 business days of Council endorsement.

3. That the Chief Executive Officer be authorised who in turn will instruct the Manager – Development

Services to publish notice informing the public of the availability of the Draft By-Laws in “The Herald”, “The Leader” and “The Bunyip” newspapers.

CARRIED 12.2.3 Central Local Government Region of South Australia,

Notice of AGM and Future Directions Update

Folder ID: 1875 Author: Richard Michael, General Manager Business & Governance The Chief Executive Officer presented 2 slides entitled ‘Regions’ to assist the Elected Members in their deliberation of this item. Moved Cr Rohrlach Seconded Cr Mitchell 1. That Light Regional Council (LRC) notes the contents of the endorsed version of the Future Directions

Review Central Local Government Region of SA report prepared by URPS Consultants in regard to the future direction and governance arrangements of the Central Local Government Region of South Australia.

2 That LRC acknowledge that the Central Local Government Region (CLGR) has a Governance role in the system of the Local Government Association of South Australia (LGA (SA)) pursuant to the Local Government Act 1999; and encourage the CLGR to focus on POLICY matters affecting local government via LGA (SA) and specific roles assigned such as recommending capital allocations; ie road funding.

3. That LRC encourage the CLGR to facilitate SEPARATE collaboration of councils for specific programs and projects recognising that this could include one or more stand-alone organised units (various councils) creating the flexibility required.


4. That the CLGR be advised that LRC is part of the collaboration of councils (Barossa, Gawler, Light and Mallala) and therefore at this stage, may have no need to participate in any SEPARATE unit organised by the CLGR for specific programs and projects.

5. That the CLGR be encouraged to create Policy Membership status for all Councils and cause the creation of a flexible system enabling councils to participate in any collaborated Units established for specific purposes based on a SEPARATE fee.

6. That on the progressive assumption that the CLGR has a clear focus on Governance, Policy and Capital Allocation as prescribed in Item 2 above then the LRC representatives and alternates will be as follows:-

i) Mayor Bill O’Brien: alternate (Councillor Reichstein) ii) Chief Executive Officer: alternate (General Manager, Governance)

CARRIED 12.3.1 Five Shillings Estate – Advancement of Stage 1B Civil

Works

Folder ID: 313/DO17/2008

Author: James Miller, General Manager – Economic Development Cr Rohrlach left the Chamber at 6:05pm and returned at 6:07pm. Moved Cr Rohrlach Seconded Cr Des Ellis That Council formally receives the report entitled Five Shillings Estate – Advancement of Stage 1B Civil Works. In noting the report, Council understands the importance of stimulating Kapunda’s residential growth projections and advancement of the stalled Five Shillings Estate is crucial to this. With a series of scenario based options being investigated to advance the delivery of stage 1B, Council encourages management to continue their without prejudice discussions with Aqua Reef Pty Ltd with a view of presenting a further report into the Chamber at the August 2015 ordinary meeting for consideration.

CARRIED 12.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT 12.4.1 Kapunda Rail Trail – Railway Corridor Ground Licence

Folder ID: 24829 Author: Andrew Chown, Principal Project Planner Moved Cr Des Ellis Seconded Cr Rohrlach That Council, pursuant to Sections 38 and 44 of the Local Government Act 1999, authorises the Mayor and Chief Executive Officer to execute under the Common Seal of Council acceptance of the letter of offer and licence terms and conditions provided by the Department of Planning, Transport and Infrastructure for the purpose of preparing a licence of land between the Minister for Transport and Infrastructure and Light Regional Council for the long term use of the railway corridor between Clare Road and High Street, Kapunda for recreational purposes.

CARRIED Mr Dodson left the Chamber at 6:24pm and returned at 6:26pm


13. POLICY REPORTS FOR DECISION 13.1 CHIEF EXECUTIVE OFFICER 13.1.1 Shandong China Author: Chief Executive Officer, Brian Carr (布赖恩 - 卡尔) Moved Cr Rohrlach Seconded Cr Des Ellis

1. That the Chief Executive Officer’s report, with appendices, on the Shandong Mission (2015) be received.

2. That the RDA Barossa be requested to consider joining the Australia China Business Council for the region of Barossa, Light, Gawler, and Mallala.

3. That the Councils of the Region be requested to consider including their Mayor in the local government delegation to the Shandong Mission in 2016.

4. That Councils of the Region be requested to consider including in the local government delegation to the Shandong Mission in 2016 the Chief Executive Officers or their delegates of Barossa, Gawler and Mallala.

5. That the RDA Barossa be requested to include its Chief Executive Officer into the local government delegation to the Shandong Mission in 2016.

6. That the RDA Barossa be requested to invite various businesses, at their cost, from across the Region (including the University of Adelaide – Roseworthy Campus) to register an interest in accompanying the local government delegation on the Shandong Mission (2016)

7. That the local government delegation with the registered local businesses liaise with the Australia China Business Council (Mr Sean Keenihan) to establish an appropriate strategy to maximise economic value from the Shandong Mission scheduled for 2016.

8. That it be noted that the Mayor and Chief Executive Officer of Light Regional Council has followed up with the Lord Mayor of Adelaide to discuss the forging of a strong Tourism connection with the region to maximise the tourist spend in South Australia and the “iconic” Barossa Region.

9. That a copy of this report with appendices be submitted to the RDA Barossa, the 3 Councils of Barossa, Gawler and Mallala, the University of Adelaide – Prof Wayne Hein and the President of the Australia China Business Council (SA Branch), Mr Sean Keenihan.

10. That a letter of appreciation be forwarded to the RDA Barossa secretariat for their assistance with the compilation of the document “Regional Opportunities Abound – Barossa Economic Corridor 2015”.

CARRIED Ms Mickan left the Chamber at 6:42pm


13.2 GENERAL MANAGER, BUSINESS & GOVERNANCE 13.2.1 Restoration of Indexation for Financial Assistance

Grants

Author: Rajith Udugampola, Finance Manager Moved Cr Reichstein Seconded Cr Mitchell That Council

1. acknowledges the importance of the Financial Assistance Grant in assisting Council to provide important community infrastructure and delivery of services;

2. support the Australian Local Government Association and Local Government Managers’ Australia advocacy campaign for restoration of indexation of the Federal Assistance Grants for 2016/2017; and

3. acknowledges that the Council will receive an estimated $0.698m of Financial Assistance Grants from Federal Government for 2015/2016 Financial Year.

CARRIED 13.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT Nil Reports 13.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT

Mr Chown left the Chamber at 6:44pm and returned at 6:45pm

13.4.1 Gawler Water Reuse Scheme Project

Folder ID: 22475 Author: Kieren Chappell, Manager Engineering & Assets The Chief Executive Officer commended Mr Chappell on the work he is undertaking on the project. Ms Savage left the Chamber at 6:46pm and returned at 6:48pm Mr Michael left the Chamber at 6:57pm and returned at 6:58pm Moved Cr Rohrlach Seconded Cr Keith Ellis The Council resolves that it:

1. Receives the executed (second) Deed of Variation in relation to the National Urban Water and Desalination Plan: Gawler Water Reuse Scheme;

2. Acknowledges the Stage 2 application submitted into Round 2 of the Regional Development Fund program for a Project entitled Water Security for the Western Barossa Valley;

3. Instructs the Chief Executive Officer to prepare a Project-specific treasury management policy associated with the Gawler Water Reuse Scheme, for its consideration as part of a subsequent report.

CARRIED


13.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil Reports 14. PROCEDURAL MATTERS 14.1 QUESTIONS WITHOUT NOTICE Rules per Regulations - • Questions and replies are not entered in the minute book unless expressly required by resolution. • No debate shall be allowed on any question or the reply to any question. • If required by the Mayor, such questions shall be put in writing. • The Mayor may direct that a reply be given at the next meeting. 14.2 QUESTIONS ON NOTICE Rules per Regulations – • These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the

meeting. • Chief Executive Officer shall place these items in the agenda. • They shall be answered by the Mayor at the meeting. • Questions and replies shall be entered into the minute book. 14.3 NOTICE OF MOTION

14.3.1 Kapunda Main Street – Light Pole Banner Initiative

– Notice of Motion by Cr Deane Rohrlach Moved Cr Rohrlach Seconded Cr Des Ellis That Council via its Economic Development Department prepare a report to be presented to the Economic Development Panel, investigating the feasibility of establishing banners on light poles in Kapunda's Main Street, similar to those in Tanunda's Main Street, with possible extension to other towns in the Council area. This report to cover:

• Suitability of light poles for banners and size and specification permitted. • Any approvals required. • Likely costs and funding strategies. • What could be put on the banners and who might use them.

That in addition the feasibility of establishing an electronic sign for advertising community events and safety and community announcements be included as a further section of the report, which would cover: • Approvals required and possible locations. • Electronic signs that might be appropriate. • Likely costs and how it might be funded. • Likely uses by Council and Community Groups.

CARRIED 14.4 MOTIONS WITHOUT NOTICE Rules per Regulations • A member may bring forward a motion without notice and if required by the Mayor, put it in writing. • Before addressing the meeting, the member shall state the purpose of the motion. • A member cannot move more than one motion without notice on the same subject at any meeting.


14.4.1 Parking on Road Verges Mr Miller left the Chamber at 7:16pm and returned at 7:17pm Moved Cr Kennelly Seconded Cr Kerin (A motion Without Notice was presented to the meeting by Cr Kennelly, but after deliberation on the content it was judged by Mayor O’Brien to be ultra vires and therefore set aside) Amendment to the Motion Moved Cr Mitchell Seconded Cr Keith Ellis That a report for information on parking infringements be tabled at the Tuesday, 25 August 2015 meeting of Council.

CARRIED 15. CONFIDENTIAL ITEMS 15.1 Kapunda Main Street – Urban Design Framework

Author: James Miller, General Manager – Economic Development Preamble: This matter explores commercial in confidence initiatives surrounding the Kapunda Main Street Urban Design Framework and for reasons set out in section 90(2)(3)(b)(i) it is deemed appropriate that such initiatives of a commercial in confidence nature remain out of the public realm at this point. Moved Cr Mitchell Seconded Cr Keith Ellis 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an order

be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report 15.1 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-


2 That accordingly, on this basis, the principle that meetings of Light Regional Council should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

CARRIED Moved Cr Rohrlach Seconded Cr Shannon

That Council:-

1. Receives the report entitled Kapunda Main Street – Urban Design Framework. 2. Notes the actions of the Chief Executive Officer in executing the funding agreement for $170,000

under the Planning and Development Fund – Open Space Program for the purchase of 52-58 Main Street, Kapunda, comprised in Certificate of Titles:- • Volume 5872 Folio 339


• Volume 5737 Folio 452 • Volume 5872 Folio 338 • Volume 5741 Folio 943

3. Endorses the actions of the Chief Executive Officer to execute a contract to purchase said land due to

Vendor’s decision on 8 July 2015 to re-enter the premises and terminate their lease with the lessee, Sayesha Investments Pty Ltd.

4. That the purchase price of $360,000 (plus stamp duty fees of $16,130 and sundry conveyancing fees of up to $5,000) be funded through the following means:-

• $170,000 Planning and Development Fund Grant • $190,000 plus stamp duty and associated administrative conveyancing fees via short term loan

borrowings through the Local Government Finance Authority – the Chief Executive Officer being authorised to secure these funds.

5. That Council delegate authority to the Mayor and Deputy Mayor to execute under common seal the

Land Management Agreement between the Minister for Planning and Light Regional Council pursuant to Sections 38 and 44 of the Local Government Act 1999 which effectively ensures the land the subject of the grant remains as public open space indefinitely.

6. That prior to vesting in Council’s ownership, the land be excluded from the classification of community

land in accordance with Section 193 (4) (a) of the Local Government Act 1999.

7. That a further report be presented to the August 2015 meeting of Council setting out timelines for progressing the village square open space initiative.

CARRIED

AUD12.1/2015 Tenders for provision of External Audit Services

Author: Rajith Udugampola, Finance Manager


Preamble: As the matter is subject to confidentiality provisions attached to a tender for supply of services to Light Regional Council offered through a joint tendering arrangement as a member council of Barossa Regional Procurement Group, the Committee will need to discuss the matter in a confidential session in accordance with Section 90 (2) and (3)(k) of the Local Government Act 1999. Moved Cr Reichstein Seconded Cr Kerin 1. That under the provisions of Section 90(2) and (3)(k) of the Local Government Act 1999, an order be

made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report (AUD12.1/2015 Tenders for provision of External Audit Services) relative to the provision of :

(k) tenders for the supply of goods, the provision of services or the carrying out of works;

2 That accordingly, on this basis, the principle that meetings of Light Regional Council should be

conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.


CARRIED Moved Cr Mitchell Seconded Cr Des Ellis Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council orders that the report, minute and associated documents pertaining to (AUD12.1/2015 Tenders for provision of External Audit Services) of the meeting held on Tuesday, 28 July 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(k) be kept confidential until 30 November 2016.

CARRIED 16. NEXT MEETING 17. CLOSURE

The meeting was declared closed at 7:46pm

Minutes of meeting confirmed at a meeting of Council held on Tuesday, 25 August 2015.

MAYOR _________________________________


LIGHT REGIONAL COUNCIL ECONOMIC DEVELOPMENT PANEL

THURSDAY, 12:00NOON 2015

Reports for Decision:

EDP9.3.1/2015 Kapunda Retirement Village .................................................................. 3

EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works. .................... 7

EDP12.1/2015 Kapunda Main Street – Urban Design Framework ................................13 Reports for Information: Nil


ASPIRATION



AGENDA PAPERS

for the meeting of

LIGHT REGIONAL COUNCIL ECONOMIC DEVELOPMENT PANEL

in the

KAPUNDA COMMITTEE ROOM

93 MAIN STREET KAPUNDA SA 5373

THURSDAY, 20 AUGUST 2015 at 12:00noon



LiG HT

#

REGIO NAL

COUNCIL

Panel Members,

NOTICE OF MEETING

Notice is hereby given pursuant to the provisions of Section 87 (4) of the LocalGovernment Act, I 999, that the next Meetin of the Li ht Re ional Council EconomicDevelo merit Panel will be held in Kapunda Committee Room, 93 Main Street Kapunda

Cr Deane Rohr!ach (Chair)Mayor Bill O'BrienCr Robert KerinCr Des EllisCr Samantha Mitchell

on Thursda

A copy of the Agenda for the above meeting is supplied as prescribed by Section 87(8)(c) of the said Act.

20 Au ust 20.5 at 12:00noon

,,,.^:'^{IfI*,

Brian Carr

CHIEF EXECUTIVE OFFICER 14 AUGUST 2015

AGENDA

THE LIGHT REGIONAL ECONOMIC DEVELOPMENT PANEL HELD ON THURSDAY, 20 AUGUST 2015

IN THE KAPUNDA COMMITTEE ROOM, 93 MAIN STREET KAPUNDA COMMENCING AT 12:00NOON

1. PRESENT

2. OPENING

3. APOLOGIES

4. MINUTES


5. COMMUNICATIONS




8. BUSINESS ARISING







13. MEETINGS

The next meeting of Light Regional Council Economic Development Panel will be held on a date to be advised

14. CLOSURE

Agenda – Light Regional Council Economic Development Panel meeting to be held on Thursday, 20 August 2015 2015/1

4. MINUTES 4.1 CONFIRMATION OF PANEL MINUTES Recommendation

That the minutes of the Economic Development Panel meeting held 23 April 2015 be confirmed as a true and correct record of that meeting.

5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED 6. DEPUTATIONS AND PRESENTATIONS Nil 7. ADJOURNED BUSINESS 8. BUSINESS ARISING

Arising from Meeting of Tuesday, 15 July 2014 9.3 General Manager, Economic Development EDP9.3.2/2014 Statutory Obligations Imposed by State

government on to Local Government – Discussion Paper

8 Discussion with LGA Board occurring with possible inclusion on upcoming LGA AGM Agenda.

Ongoing

EDP9.3.3/2014 Kapunda bowling Club Inc/Kapunda

Retirement Village – Cost Benefit Analysis 18

Agenda

Arising from Meeting of Wednesday, 3 December 2014 EDP9.3.1/2014

Old Adelaide Road, Kapunda – Section 210 Local Government Act 1999 Public Road Declaration

22

Ongoing

EDP11.3.1/2014Parking Requirements for Business related Developments by Mayor Bill O’Brien.

28

Noted and Completed

12 Confidential items (ongoing or completed) EDP12.1/2014

Old Adelaide Road, Kapunda – CR Lindner Nominees Pty Ltd (Commercial in Confidence)

29

Ongoing

Arising from Meeting of Thursday, 26 February 2015 EDP9.3.1/2015

Car Parking Requirements for Business Related Developments

2

Noted and Completed

EDP9.3.2/2015Five Shillings Estate – Progress Update and

3


Future Directions Agenda EDP9.3.3/2015

Northern Expressway (NExy) Residual Land – Future Development and Private Sector Investment Strategy

3

Ongoing 12 Confidential items (ongoing or completed) EDP12.1/2015

Kapunda Main Street – Urban Design Framework

5

Agenda

Arising from Meeting of Thursday, 23 April 2015 EDP9.3.1/2015

Kapunda Swimming Pool – Dutton Park Consolidation Initiative

8

Deferred and Ongoing EDP9.3.2/2015

Economic Development Initiatives – Light Ward

Progress is occurring in the development of concept plans. Further report to Council in the coming months.

Ongoing

9 REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

Nil

9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE Nil


9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT

EDP9.3.1/2015 Kapunda Retirement Village

Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Executive Summary Report highlights

Expressions of Interest (EOI) have been invited with three EOIs received; To obtain accurate and fixed costs for the ‘build’ component it is recommended that

o the three EOI respondents be invited to submit a tender to ‘build, sell and manage’ the 15 unit development; and

o a preferred tenderer then be selected Part of the information (Financial Modelling) provided on this report is done so on a confidential basis therefore it is recommended that some of the discussion should be held in confidential session and documents pertaining there to be held on a confidential basis until the matter is finalised. Preamble:

A summary of the financial modelling is presented in a Confidential Supplementary Report; the disclosure of this information could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council. Recommendation

1. That under the provisions of Section 90(2) and (3) (b) (i) and (ii) of the Local Government Act 1999, an order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report (Item EDP9.3.1/2015 Kapunda Retirement Village) relative to:

(b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest; 2 That accordingly, on this basis, the principle that meetings of the Light Regional Council

Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

Recommendation

Pursuant to Section 91(7) of the Local Government Act 1999, the Panel orders that the report, minute and associated documents pertaining to Item EDP9.3.1/2015 Kapunda Retirement Village of the meeting held on Thursday, 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3) (b) (i) and (ii) be kept confidential until the matter is finalised.


Budget Impact Estimated Cost: $ Staff time to manage the process Future ongoing operating costs: $ Reference “Confidential Financial

Model” Is this budgeted? Yes

Open session Recommendation

That the Economic Development Panel recommend to Council:


2. That a preferred tenderer be selected by management for the purpose of:

obtaining accurate and fixed costs for the ‘build’ component; and finalising negotiations on management fees, capital contributions, the production of

required documentation and verification of ability to meet the rules and requirements under the Retirement Villages Act

3. That a further report be submitted to Council on this matter before any contractual

arrangements are entered into. Reasons for the decision

To develop a business model on actual costs and income which will include returns, or otherwise, to Council, the costs and services for the residents of the Village and provide a firm financial basis for Council to consider the actual financials and benefits to the community by developing the Village. Detailed Report Purpose

To seek a resolution of Council to enable a Tender process to be undertaken, seeking a ‘preferred Tenderer’ in order to obtain accurate and fixed costs for the ‘build’ component of the proposed Kapunda retirement living dwellings (15 units) and then prepare an accurate financial model in concert with the preferred tenderer, which includes all aspects of the management and returns to Council Background

At the Tuesday, 15 July 2014 meeting of the Economic Development Panel, to assist the Panel in its deliberation of the recommendation put forward, to waive the CWMS Augmentation fee for the Kapunda Bowling Club project (Item EDP9.3.3/2014), a preliminary financial model (based on cost estimates on-hand at that time), was presented to demonstrate potential income yield from the sale of the proposed 15 units. A further summary of the financial modelling is presented in a Confidential Supplementary Report. As reported to Council at the 28 July 2015 ordinary meeting, the Development Assessment Commission (DAC) has recently granted Development Plan Consent to Council’s development application to develop a fifteen unit retirement living precinct upon the land currently occupied by the Kapunda Bowling Club and recently purchased by Council History

25 March 2014 Meeting of Council 24 June 2014 Meeting of Council 15 July 2014 Economic Development Panel Meeting


22 July 2014 Meeting of Council 26 August 2014 Meeting of Council 23 September 2014 Meeting of Council 28 July 2015 Meeting of Council

Discussion/Analysis

Subsequent to the abovementioned meetings of the Economic Development Panel and the Council, and the presented preliminary financial model (based on cost estimates on-hand at that time), further assessments have been made and Expressions of Interest (EOI) have been invited by way of public advertisement to build, sell and manage a proposed 15 Unit retirement development on the Oldham Street site (previous Kapunda Bowling Club now in the ownership of Council). Three EOIs have been received and the summary of each is included in appendix 9.3A. Two of the respondents have demonstrated that they have the experience to meet all the requirements as set out in the EOI with the third having an interest in the building and selling aspects only; excluding management of the development. The financial modelling is outlined in a Confidential Supplementary Report in this Agenda. In order to obtain accurate and fixed costs for the ‘build’ component it is recommended that the three EOI respondents be invited to submit a tender to ‘build, sell and manage’ the 15 unit development thereby providing a fixed price for the “build” of the units and verification that the other two components (sell and manage) of the Tender can be satisfactorily carried out. The Tender, as indicated in the EOI, will be required to finance the build, with payment made on settlement of the units. It is recommended that a preferred tenderer then be selected to enable further discussion and negotiation on management fees, capital contributions, and to ensure that they can produce the required documentation and are able to meet all the rules and requirements under the Retirement Villages Act. It will also be necessary to make recommendations to Council on the return from the:

Deferred Management Fee (Pro Rata Basis) o Year 1 (after settling in period) 10% o Year 2 15% o Year 3 20% o Year 4 25%

and, Capital Items Replacement (CIR) Fee:

All of these, and other matters, would be finalised with the preferred tenderer and a report with recommendations submitted to Council for consideration. It is anticipated that the preferred Tender would be either accepted, or rejected, at that time by Council and a decision made on whether to continue with development by Council or “on sell” this project with all approvals in place. Conclusion It is recommended that the Tender process be undertaken and a ‘preferred Tenderer’ selected in order to obtain accurate and fixed costs for the ‘build’ component of the proposed retirement living dwellings, to confirm the anticipated “sell and management” components of the project and to assist with the development of an accurate financial assessment. References Legislation

Development Act 1993 Council Policies

Tenders & Quotations Procedures


Procurement Policy Contract Management – Procurement Procedures Strategic Plan

3.3.5 Entrepreneurial Projects


EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works.

Author: John Shane, Consultant Report Presenter: John Shane, Consultant Executive Summary In this proposal, Council would take a “Charge” over the additional 15 allotments, impose an interest component to its outlay for the offsite works and apply a risk mitigation allowance of $10k per allotment, amounting to some $150k return to Council, over and above all costs associated with the offsite works. The allotments are estimated to sell for an average price of $90k per allotment which leaves, after all of Councils costs, $550k for Aqua Reef to defray any interest costs on the $1.9m and to put towards the development of the next stage of the subdivision.

Budget Impact Estimated Cost: $ ) See Future ongoing operating costs: $ ) below Is this budgeted? The following outlines how such an initiative could work; with the off-site works having been costed by Council General Manager – infrastructure and Environment.

Land Development

35 lots (Aqua Reef) $1.9m Offsite Works (Roadworks & Stormwater) $0.5m (Council)

Funding Strategy

Aqua Reef

On site Development of 35 lots (staged) Estimated Cost $1.9m ($54k per lot) Cash Flows – Interest on Development Costs will be offset by Sales Revenue and therefore

finance costs could be efficiently contained.

Council

Off-site works $0.5m (LGFA) Interest Cost $0.150m (Term 6 years) Estimated Cost $0.650m

Cash Flow and Risk Mitigation

First 20 lots - sold by Aqua Reef and receives all sale proceeds

- 20 lots @ $90k (average) per lot $1.8m

- Cash flows to contain cost of finance to a minimum

Remaining 15 Lots - Council puts a “charge” over these 15 lots


- Held in escrow for 3 years or until the first 20 lots are sold whichever is the sooner

Risk Mitigation for Council on 15 Lots:-

- Sales Revenue (15 lots@ $90keach) $1.350m

- Refund CAPEX (LGFA) $0.500m

- Cost of Finance (6 years @ 5%) $0.150m

- Margin of Safety (about 23% on Council Costs of $650k) $0.150m

- BALANCE (to Aqua Reef) $0.550m

Aqua Reef will sell the first 20 Lots; anticipate within the first 3 years 2016-2019; then the remaining 15 lots will be sold in the other 3 year time period (thus 6 years). Council recoup’s all its costs for the “offsite works” as well as receiving a 23% margin of safety ($150k).

With a completed development, show homes, etc, it is likely that the sales momentum could increase the lot price above the $90k which will flow through to Aqua Reef; the more upside for Aqua Reef the better as it will provide them with financial capacity to continue with the 330 Lot Development.

Council will also receive additional rate revenue from the development noting that Council’s

current minimum rate is $807.00; therefore 20 lots @ $807.00 equates to $16kpa. (less portion of current rates paid on the entire development site).

Recommendation

That the Economic Development Panel recommends to Council that:- 1. Council acknowledges the importance of stimulating Kapunda residential growth to

support the economic base of the Kapunda Township and surrounds. 2. Council recognises that it is in the public interest for the development of 5 Shillings Estate

of 330 Allotments to be progressed. 3. The Chief Executive Officer (or his delegate) is instructed to formally commence

negotiations with Aqua Reef to put into effect the potential funding and risk mitigation strategy as outlined in this report.

4. The Chief Executive Officer, who may delegate to the General Manager, Economic Development, submit a progress report to Council within 2 months of this decision.

5. The Chief Executive Officer be authorised to extend the operative life of the approval subject to his determination that documentation containing all of Councils requirements have been prepared and signed to his satisfaction.

Reasons for the decision

To provide fully serviced allotments and house and land packages in Kapunda for the following reasons:

• Approvals in place for developments at Kapunda include two major Supermarkets, On the Run 24 hour Service Station, new Drive in Bottle Department, multi- million dollar expansion of Johnsons Pellet Mill plus other smaller projects, all of which will require and provide employment and possibly attract families to live in the Town.

• New residents, particularly with young families, may not be inclined to reside in Kapunda unless competitively priced House and Land Packages are available with up to date infrastructure such as sealed and kerbed roads, footpaths, street lighting, landscaping etc., This can only be achieved in the 5 Shilling Estate.

• Some 330 allotments have been zoned Residential in the 5 Shilling Estate and it is highly unlikely, on past experience, that the Minister would agree to further residential zoning until 5 Shillings is substantially developed and sold. It can be concluded, therefore, that should this development not proceed, Kapunda will have very few saleable allotments to offer existing and new residents.

• The Kapunda Township Futures Study, being prepared currently after extensive Community consultation, indicates that Kapunda is generally well serviced in the areas of Education, Health,


Aged Care, Sporting facilities etc., based on the present population base. It is necessary therefore, to increase the population where possible to ensure that such services are maintained, and enhanced, in the future. This, again, is achieved by having well developed areas for potential residents to reside in.

• In a presentation to Council on 17th December, 2013, which discussed the sustainability of Council now and in the future, one of the means of attracting further funding through rates was identified as the development of Greenfield Sites. The only site available in Kapunda is the 5 Shilling Estate. It is noted that when fully developed the whole of the Estate will provide approximately $500kper annum in rates (based on today’s values). The suggested 35 allotments would provide additional rate revenue in the order of $50k per annum.


Detailed Report Purpose

To provide the opportunity for the provision of fully serviced allotments and house and land packages in the Township of Kapunda. Background

At its ordinary meeting of 28 July 2015, Council passed the following resolution:

“That Council formally receives the report entitled Five Shillings Estate – Advancement of Stage 1B Civil Works. In noting the report, Council understands the importance of stimulating Kapunda’s residential growth projections and advancement of the stalled Five Shillings Estate is crucial to this. With a series of scenario based options being investigated to advance the delivery of stage 1B, Council encourages management to continue their without prejudice discussions with Aqua Reef Pty Ltd with a view of presenting a further report into the Chamber at the August 2015 ordinary meeting for consideration.”

History

20 October 2009 16 March 2010 24 May 2011 - I&RS9.3.2/2011 22 November 2011 13 December 2011 28 August 2012 - I&RS 9.3.3/2012 27 August 2013 - I&RS9.3.2/2013 24 March 2015 - EDP9.3.2/2015 28 July 2015

Discussion/Analysis

Management are now in receipt of confirmation from the ANZ Banking Group that funding has been approved to finance the development of 20 allotments on Brumby Court and associated off site works, including reconstruction and sealing of Kapunda Street. A further document has been received from the Contractor, Mr J. Telfer that he has signed up to carry out the construction work. As has been reported to Council, the management within Economic Development have been exploring various means whereby the funds available to the Developers could be better utilised to provide a more complete first stage, including the Boulevard entrance and 15 additional allotments. To this end, a potential funding strategy has been explored with the Directors of 5 Shillings and they have agreed that they are prepared to fund the additional allotments and the main entrance with funds redirected from the off-site works. The off-site works would then need to be carried out and financed by Council under a specific arrangement. In support of the development, two regional building companies have indicated their interest in placing display homes on the new allotments and offering house and land packages, some being around the $350k for a 3 bedroom dwelling. In discussions with Aqua Reef they have also indicated interest from another builder. The builders are, however, qualifying this by requiring that the development of the first stage be completed, or nearing completion, prior to commencing a sales programme. There are two points in relation to this. First, a fully developed subdivision has a much greater appeal and should sell at a faster rate and, secondly, house and land packages are more saleable than, in a lot of cases, bare allotments. Both regional builders have their own promotion program including Television and other advertising strategies in place and would include 5 Shillings within those.

Whilst the initial 10 allotments facing Maxwell Street sold relatively quickly, there is, of course, no guarantee that further allotments will sell as quickly. However, it is likely that a fully developed stage, with competitive house and land packages available, and the general lack of allotments for sale in Kapunda, the developed stage 1B (35 Allotments) could be sold within the 6 year period suggested.


Conclusion Management continues to work through the many statutory, legal, financial and planning processes that need addressing to bring this initiative to fruition ahead of further reporting into the Chamber at a subsequent meeting. In noting the further exploratory work necessary, this initiative is built on a philosophy of advancing an otherwise stagnant residential land release through the advancement of funds to the private sector recouped at the point of sale with the relevant sum owed to Council amortised over the respective allotments. References

Legislation

Development Act 1993 and Regulations 2008 Development Plan

Council Policies

N/A

Strategic Plan

N/A

9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT Nil

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil


Nil

11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations - Questions and replies are not entered in the minute book unless expressly required by

resolution. No debate shall be allowed on any question or the reply to any question. If required by the Chairman, such questions shall be put in writing. The Chairman may direct that a reply be given at the next meeting.


Rules per Regulations – These questions must be in writing and given to the Chief Executive Officer five (5) clear days

prior to the meeting. Chief Executive Officer shall place these items in the agenda. They shall be answered by the Chairman at the meeting. Questions and replies shall be entered into the minute book.


11.3 NOTICE OF MOTION 11.4 MOTIONS WITHOUT NOTICE

Rules per Regulations A member may bring forward a motion without notice and if required by the Chairman, put it in

writing. Before addressing the meeting, the member shall state the purpose of the motion. A member cannot move more than one motion without notice on the same subject at any

meeting. 12. CONFIDENTIAL ITEMS EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development (refer Item EDP9.3.1/2015 of this Agenda)


EDP12.1/2015 Kapunda Main Street – Urban Design Framework

Appendix: 12A Timeline & 6Ds of Project Management Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an

order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report EDP12.1/2015 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-


2 That accordingly, on this basis, the principle that meetings of Light Regional Council Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

Recommendation

Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council Economic Development Panel orders that the report, minute and associated documents pertaining to EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting held on Thursday 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(b)(i) be kept confidential until the matter is finalised. 13. NEXT MEETING 14. CLOSURE


ASPIRATION



MINUTES

from the Meeting of

ECONOMIC DEVELOPMENT PANEL

in the



THURSDAY, 20 AUGUST 2015 at 12:00noon

Principal Office: 93 Main Street Branch Office: 12 Hanson Street

Kapunda 5373 Freeling 5372

Telephone: 8525 3200

Facsimile: 8566 3262

2014/12

MINUTES OF THE MEETING OF LIGHT REGIONAL COUNCIL ECONOMIC DEVELOPMENT PANEL HELD

ON THURSDAY, 20 AUGUST IN THE KAPUNDA COMMITTEE ROOM,


1. PRESENT

Cr Deane Rohrlach (Chairman) Dutton Ward Cr Robert Kerin Light Ward Bill O’Brien Mayor Mr James Miller General Manager, Economic Development Ms Stacie Dickson Personal Assistant

2. OPENING Cr Deane Rohrlach declared the meeting open at 12:04pm

3. APOLOGIES

Cr Des Ellis Dutton Ward Cr Samantha Mitchell (entered the meeting at 12:09pm) Mudla Wirra Ward Mr John Shane Consultant

4. MINUTES 4.1 CONFIRMATION OF PANEL MINUTES

Moved Mayor O’Brien Seconded Cr Kerin That the minutes of the meeting of the Economic Development Panel held 23 April 2015 be confirmed as a true and correct record of that meeting.

CARRIED


6. DEPUTATIONS AND PRESENTATIONS Nil

7. ADJOURNED BUSINESS Nil

Light Regional Council Economic Development Panel Meeting Minutes – Thursday, 20 August 2015 2015/13

8. BUSINESS ARISING Cr Mitchell entered the meeting at 12:09pm Current Status of all matters noted.

9. REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

Nil 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE

Nil 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development The Panel resolved at 12:17pm to defer item EDP9.3.1/2015 Kapunda Retirement Village until confidential session. EDP9.3.2/2015 5 Shilling Estate – Advancement of Stage 1b Civil Works. Author: John Shane, Consultant Report Presenter: James Miller, General Manager, Economic Development Moved Cr Kerin Seconded Mayor O’Brien That the Economic Development Panel recommends to Council that:-

1. Council acknowledges the importance of stimulating Kapunda residential growth to support the economic base of the Kapunda Township and surrounds.

2. Council recognises that it is in the public interest for the development of 5 Shillings Estate of 330 Allotments to be progressed.

3. Council supports the amended 20 allotment land division proposal as previously endorsed at its ordinary meeting of August 2012.

4. Council acknowledges the potential benefits that a 35 allotment proposal would bring to stimulating residential growth in Kapunda as outlined in the Economic Development Panel report, however is concerned at the impact on Council’s overall financial position in the context of recent substantial loan borrowings having been undertaken for various projects. To that end, Council reserves it position in relation to this initiative until such time as a further report is presented back which thoroughly examines the financial implications on the organisation, with particular attention on the following:-

What impact will this initiative have on the 2015/16 annual budget and four year financial plan;


What is the extent of un-budgeted expenditure (loan borrowings) already pledged via resolution;

Implications on the net financial liabilities ratio; Likelihood into take up rates of the 35 allotments over a six year period.

5. The Chief Executive Officer be authorised to extend the operative life of the approval subject to his determination that documentation containing all of Councils requirements have been prepared and signed to his satisfaction.

CARRIED The Committee Chairman declared a five (5) minute break at 12:57pm. The meeting reconvened at 1:01pm EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Moved Cr Mitchell Seconded Cr Kerin 1. That under the provisions of Section 90(2) and (3) (b) (i) and (ii) of the Local Government Act 1999, an

order be made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report (Item EDP9.3.1/2015 Kapunda Retirement Village) relative to:

(b) information the disclosure of which— (i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposing to conduct, business, or to prejudice the commercial position of the council; and

(ii) would, on balance, be contrary to the public interest; 2 That accordingly, on this basis, the principle that meetings of the Light Regional Council Economic

Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

CARRIED Moved Cr Mitchell Seconded Mayor O’Brien Pursuant to Section 91(7) of the Local Government Act 1999, the Panel orders that the report, minute and associated documents pertaining to Item EDP9.3.1/2015 Kapunda Retirement Village of the meeting held on Thursday, 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3) (b) (i) and (ii) be kept confidential until the matter is finalised.

CARRIED Moved Mayor O’Brien Seconded Cr Mitchell That the Economic Development Panel recommend to Council:



2. That a preferred tenderer be selected by management for the purpose of: obtaining accurate and fixed costs for the ‘build’ component; and finalising negotiations on management fees, capital contributions, the production of required

documentation and verification of ability to meet the rules and requirements under the Retirement Villages Act

3. That a further report be submitted to Council on this matter before any contractual arrangements are

entered into. CARRIED

9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT Nil

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT Nil 10. REPORTS FOR INFORMATION

Nil 11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations - Questions and replies are not entered in the minute book unless expressly required by resolution. No debate shall be allowed on any question or the reply to any question. If required by the Mayor, such questions shall be put in writing. The Chairperson may direct that a reply be given at the next meeting.

Nil 11.2 QUESTIONS ON NOTICE

Rules per Regulations –

These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the meeting.

Chief Executive Officer shall place these items in the agenda. They shall be answered by the Mayor at the meeting. Questions and replies shall be entered into the minute book.

Nil

11.3 NOTICE OF MOTION Nil


11.4 MOTIONS WITHOUT NOTICE Rules per Regulations A member may bring forward a motion without notice and if required by the Mayor, put it in writing. Before addressing the meeting, the member shall state the purpose of the motion. A member cannot move more than one motion without notice on the same subject at any meeting.

Nil 12. CONFIDENTIAL ITEMS EDP9.3.1/2015 Kapunda Retirement Village Folder ID: 24348 Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Refer to page 2015/14 of these minutes. EDP12.1/2015 Kapunda Main Street – Urban Design Framework Author: John Shane, Consultant Brian Carr, Chief Executive Officer Report Presenter: James Miller, General Manager, Economic Development Moved Cr Mitchell Seconded Mayor O’Brien 1. That under the provisions of Section 90(2) and (3)(b)(i) of the Local Government Act 1999, an order be

made that with the exception of those persons listed all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a report EDP12.1/2015 Kapunda Main Street – Urban Design Framework relative to the provision of : (b) Information the disclosure of which-


2 That accordingly, on this basis, the principle that meetings of Light Regional Council Economic Development Panel should be conducted in a place open to the public has been outweighed by the need to keep the discussion confidential.

CARRIED Moved Cr Mitchell Seconded Mayor O’Brien Pursuant to Section 91(7) of the Local Government Act 1999, the Light Regional Council Economic Development Panel orders that the report, minute and associated documents pertaining to EDP12.1/2015 Kapunda Main Street – Urban Design Framework of the meeting held on Thursday 20 August 2015, relating to a matter that was considered in confidence pursuant to Section 90(2) and (3)(b)(i) be kept confidential until the matter is finalised.

CARRIED


13. MEETINGS

The next ordinary meeting of Light Regional Council Economic Development Panel will be held on a date to be advised.

14. CLOSURE

The meeting was declared closed at 1:29pm

Minutes of meeting confirmed at a meeting of Economic Development Panel to be advised.



ASPIRATION



AGENDA PAPERS

for the meeting of

LIGHT REGIONAL COUNCIL INFRASTRUCTURE COMMITTEE

in the



WEDNESDAY, 5 AUGUST 2015 at 3:00pm



AGENDA

MONTHLY MEETING OF THE LIGHT REGIONAL COUNCIL INFRASTRUCTURE COMMITTEE HELD ON WEDNESDAY, 5 AUGUST 2015,

IN THE KAPUNDA COMMITTEE ROOM, 93 MAIN STREET, KAPUNDA COMMENCING AT 3:00PM

1. PRESENT

2. OPENING

3. APOLOGIES

4. MINUTES


5. COMMUNICATIONS




8. BUSINESS ARISING







13. MEETINGS

The next meeting of Light Regional Council Infrastructure Committee will be held on Wednesday, 2 September 2015, commencing at 3:00pm in the Kapunda Committee Room, 93 Main Street, Kapunda, alternatively if there is no Development Assessment Panel Meeting the meeting will commence at 4.00pm in the Freeling Operations Centre Meeting Room, 11 Stephenson Street, Freeling.

14. CLOSURE

Agenda - Light Regional Council Infrastructure Committee meeting to be held on Wednesday 5 August 2015 2015/1


4.1.1 Minutes of the meeting of the Infrastructure Committee held Wednesday, 1 July 2015. Recommendation

That the minutes of the meeting of the Infrastructure Committee held Wednesday, 1 July 2015, be confirmed as a true and correct record of that meeting.


6. DEPUTATIONS AND PRESENTATIONS 7. ADJOURNED BUSINESS 8. BUSINESS ARISING

Arising from Infrastructure Committee meeting of Wednesday, 4 March 2015 Item No. Minute Page


General Manager, Infrastructure and Environment 9.5.3 Motion without Notice – 2015-

2019 4 Year Capital Program 13 Report on Borrow Street pending

Ongoing

Arising from Infrastructure Committee meeting of Wednesday, 1 July 2015 Item No. Minute Page


General Manager, Infrastructure and Environment 11.4 Motion without notice – Davidson

Reserve lake wall 44

Ongoing 9 REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER

NIL

9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE NIL

9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT

NIL 9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT

NIL

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT

IC9.5.1/2015 Strategic Infrastructure Funding Opportunities


Folder ID: 54119 Author: Richard Dodson, General Manager Infrastructure and Environment Report Presenter: Richard Dodson, General Manager Infrastructure and Environment

Executive Summary

Report highlights

The various Federal & State funding sources; Some key infrastructure upgrades that have been identified in Council’s various Draft Infrastructure

and Asset Management Plans chapters; The additional Roads to Recovery (R2R) funds recently made available by the Australian

Government; and The need to allocate Council funds towards the infrastructure upgrades as the matching

contribution. Budget Impact $N/A

Is this budgeted?

N/A

Sufficient Funds? N/A

Additional Comments (incl Labour Component if applicable):

This report is not aimed to allocate actual Council funds but simply to outline the various funding sources available to Council.

Recommendation

That the Infrastructure Committee recommend to Council that it: (a) Acknowledge the various funding sources available for infrastructure projects; and (b) Adopt these funding philosophies when considering future strategic infrastructure

projects.


To ensure that there is a strategy in place to fund high priority infrastructure projects.


Detailed Report

Purpose

To provide advice to the Elected Members on the various funding sources available to Council for infrastructure projects. Background

At the February 2015 Infrastructure Committee meeting, Council was briefed on a variety of infrastructure projects that the Infrastructure & Environment Department had sought funding for. Many of those projects have now been funded, either partially or wholly from external sources and are in various stages of planning or construction. Also at Councils 28 July 2015 Ordinary Meeting the following recommendation was adopted: The Council resolves that it instructs the Chief Executive Officer to prepare a Project-specific treasury management policy associated with the Gawler Water Reuse Scheme, for its consideration as part of a subsequent report. The intent of the report that has been requested is to give greater guidance on the use of GWRS funds that come to Council and how using them as a funding contribution towards grant funded projects will accelerate the delivery of strategic infrastructure projects. Discussion/Analysis

Council has a range of grant funding programmes that are available to it and the summary below highlights the programme, funding contributions and types of infrastructure projects that Council could consider funding.

Funding Programme Council Contribution Required

Infrastructure Projects

Black Spot Programme Nil Sealing of Lyndoch Road East Terrace/Thiele Highway intersections

(both ends) Roseworthy Road/Thiele Highway

intersection Argent Road/Thiele Highway intersection

Heavy Vehicle Safety and Productivity Programme

50% of approved project cost

East Terrace Kapunda Mudla Wirra/Currie/Coleman Roads (Ridley

Agriproducts)

Bridge Renewal Programme

50% of approved project cost

Orchard Bridge Kapunda Ayliffes Bridge Linwood Mt Allen Bridge Allendale North Rosedale Bridge Rosedale

Special Local Roads Programme

One third of approved project cost

Heaslip Road Gawler River Gerald Roberts Road Seppeltsfield Belvidere Road Ebenezer Turretfield Road Sheaoak Log

The above projects are included in the Draft IAMPs and without going into too much detail would be some $25m to deliver. While the Infrastructure & Environment Department is able to develop good business


cases and most likely successful funding applications for these projects, it will be the Council contribution that will limit the timing and financial capacity of Council to deliver these projects. As such, alternative funding allocations and sources will need to be considered, hence the need for a report into the use of the GWRS revenue. Most recently, the Australian Government announced an increase of $1.105b to the Roads to Recovery Programme over the next two years. Prior to the announcement Light Regional Council was to receive $295,590 per year over five years from this programme with year 2 (2015/2016) to be a double payment. The Infrastructure & Environment Department has already factored this funding into its Four Year program. However, with this recent announcement it will mean an extra $253,352 will be provided to Council in 2015/2016 and a further $680,000 in 2016/2017. At this time, these funds have not been allocated to any projects. Utilising this additional funding as Council’s contribution to strategic infrastructure upgrade projects is worthy of consideration. It should also be noted that of the $1.105b allocated for 2015/2016 & 2016/2017 a portion of these funds will flow through to the Special Local Roads Program. The initial allocation to that program in 2015/2016 was approximately $14m and is now $18m. In 2016/2017 that amount will increase to $20m. Conclusion

Given the amount of strategic infrastructure projects (not an exhaustive list provided) that Council has it is worthwhile ensuring that funds are allocated to projects prior to the closure of grant funding applications. References

Legislation

N/A Council Policies

N/A Strategic Plan

N/A

IC9.5.2/2015 Orchard Bridge - Bridge Renewal Program Funding Application

Folder ID: 54119 Appendix: Appendix 9.5A 24 March 2015 Meeting Summary

Author: Richard Dodson, General Manager Infrastructure and Environment Report Presenter: Richard Dodson, General Manager Infrastructure and Environment

Executive Summary

Report highlights

The lower weight limits imposed on Orchard Bridge; Increased travel distances for land owners needing to access Kapunda from the Bethel area; Hawkers Creek Bridge; Additional Roads to Recovery (R2R) funding; and


Opportunity for a Bridge Renewal Program funding application; Budget Impact

Up to $250,000

Is this budgeted?

Not included in original 2015/2016 budget

Sufficient Funds? YES

Additional Comments (incl Labour Component if applicable):

Additional R2R funds were allocated by the Australian Government following the adoption of the 2015/2016 budget.

Recommendation

That the Infrastructure Committee recommend to Council that: (a) It support the allocation of up to $250,000 from the 2015/2016 budget as a matching

contribution to a Bridge Renewal Funding application for the replacement of Orchard Bridge with a suitable new bridge; and

(b) If the funding application is successful, pursuant to Sections 38 and 44 of the Local Government Act 1999, Council authorise the Mayor and Chief Executive Officer to sign and affix Council’s common seal to legal documentation required to facilitate the provision of funding.


To ensure that only the highest priority assets are replaced.


Detailed Report

Purpose

To seek support of the Elected Members to allocate funds to replace Orchard Bridge. Background

Orchard Bridge is located on Bethel Road just west of Kapunda and traverses Hawker Creek. Bethel Road connects the Horrocks Highway at Linwood with the Thiele Highway at Kapunda and forms an important link for agricultural enterprises in the general Bethel area. Bethel Road is a Class 1 road within Council’s road hierarchy. In 2009, a combination of Council staff resources and external consultants undertook inspections of all of Council’s bridge assets that were on the asset register at that time. These inspections were carried out primarily to record the nature of the bridge structures (types of components, deck spans and beam sizes, load limits that may be in place, delineation and signage) and their general condition. This task was a precursor to the preparation of the Bridges Chapter of the Infrastructure & Asset Management Plan (IAMP). From those inspections it was highlighted that work needed to be carried out to improve the capacity of the Orchard Bridge. While work was undertaken as a result of those inspections, the capacity of the bridge was not increased sufficiently to be of any greater benefit to those land owners to the west of the bridge. History

Council Meeting 21 April 2009 – Agenda Item 12.6.2 Orchard Bridge Council Meeting 16 June 2009 – Agenda Item 10.6.1 Orchard Bridge Structural Assessment Council Meeting 22 June 2010 – Agenda Item 5.3.1 2010/2011 Capital Works Programs

Discussion/Analysis

On March 24 2015, the General Manager, Infrastructure & Environment, Richard Dodson and Cr Deane Rohrlach met Mr Neil Weichert and a group of land owners from the Kapunda and Bethel area regarding the replacement of Orchard Bridge. The driver behind replacing the bridge was the Axle Load Limit that currently exists on the bridge. While this limit does not impact unladen vehicles at all, it renders the bridge almost useless for those operators who are hauling livestock, grains, hay etc. In addition any alternative suitable route into Kapunda for hay or grain is some 25km extra for many of the property owners in that area. As Bethel Road is a Class 1 Road the request from the land owners and transport operators is reasonable. As a result of that meeting Council commenced a design process for the replacement of the bridge. Initial estimates highlight that if a budget of $500,000 was available the existing bridge could be demolished and a suitable replacement constructed. Any new bridge would not have weight limits imposed. However like many of our upgrade or renewal plans identified within the Draft IAMP they are unfunded. The good news is that Council could make an application to the Australian Government through its “Bridge Renewal Programme” to part fund a bridge replacement. Fortunately this program is currently open with applications closing on 31 August 2015. It requires a 50% matching contribution from Council to qualify. In June 2015 the Australian Government announced that it was allocating additional funds to the Roads to Recovery Programme and for Light Regional Council this will be $253,000 in 2015/2016. As such there is now $253,000 in the 2015/2016 budget that has yet to be allocated. The proposal is for this $253,000 to be used as Council’s matching contribution to the grant funding application.


Conclusion

While there are many bridges on the Draft IAMP that require works or renewal, Orchard Bridge will benefit a significant amount of land owners with the Light Regional Council area. References

Legislation

N/A Council Policies

N/A Strategic Plan

N/A 10. REPORTS FOR INFORMATION 11. PROCEDURAL MATTERS 11.1 QUESTIONS WITHOUT NOTICE

Rules per Regulations -

Questions and replies are not entered in the minute book unless expressly required by resolution.

No debate shall be allowed on any question or the reply to any question. If required by the Chairman, such questions shall be put in writing. The Chairman may direct that a reply be given at the next meeting.


Rules per Regulations –

These questions must be in writing and given to the Chief Executive Officer five (5) clear days prior to the meeting.

Chief Executive Officer shall place these items in the agenda. They shall be answered by the Chairman at the meeting. Questions and replies shall be entered into the minute book.

11.3 NOTICE OF MOTION

11.4 MOTIONS WITHOUT NOTICE Rules per Regulations

A member may bring forward a motion without notice and if required by the Chairman, put it in writing.

Before addressing the meeting, the member shall state the purpose of the motion. A member cannot move more than one motion without notice on the same subject at any

meeting.

12. CONFIDENTIAL ITEMS 13. NEXT MEETING

14. CLOSURE


ASPIRATION



MINUTES

from the Meeting of

LIGHT REGIONAL COUNCIL INFRASTRUCTURE COMMITTEE

held in the

KAPUNDA COMMITTEE ROOM 93 Main Street, Kapunda

WEDNESDAY, 5 AUGUST 2015 at 3:00pm



2015/46

MINUTES OF THE MEETING OF LIGHT REGIONAL COUNCIL INFRASTRUCTURE COMMITTEE

HELD ON WEDNESDAY 5 AUGUST 2015, IN THE KAPUNDA COMMITTEE ROOM, 93 MAIN STREET, KAPUNDA

1. PRESENT

Cr Peter Kennelly (Chair) Laucke Ward Cr Deane Rohrlach (Deputy Chair) Dutton Ward Cr Lynette Reichstein Light Ward Cr Keith Ellis Mudla Wirra Ward Mayor Bill O’Brien (Ex Officio) Mayor Mr Richard Dodson General Manager, Infrastructure & Environment Mr Michael Meaney Technical Officer Ms Megan Renzella Property and Facilities Manager Mrs Renee Jericho Administration Officer

2. OPENING

Cr Peter Kennelly declared the meeting open at 3.00pm.

3. APOLOGIES

Mr Adam Broadbent Environmental Services Manager


Moved Cr Deane Rohrlach Seconded Cr Lynette Reichstein That the minutes of the meeting of the Infrastructure Committee held Wednesday, 1 July 2015 be confirmed as a true and correct record of that meeting.

CARRIED

5. COMMUNICATIONS 5.1 REQUESTED DOCUMENTS/CORRESPONDENCE TO BE TABLED 6. DEPUTATIONS AND PRESENTATIONS NIL 7. ADJOURNED BUSINESS

NIL

8. BUSINESS ARISING 9. REPORTS FOR DECISION 9.1 CHIEF EXECUTIVE OFFICER NIL 9.2 GENERAL MANAGER, BUSINESS & GOVERNANCE

Light Regional Council Infrastructure Committee Meeting held on Wednesday, 5 August 2015 2015/47

NIL 9.3 GENERAL MANAGER, ECONOMIC DEVELOPMENT NIL 9.4 GENERAL MANAGER, STRATEGY & DEVELOPMENT NIL

9.5 GENERAL MANAGER, INFRASTRUCTURE & ENVIRONMENT

IC9.5.1/2015 Strategic Infrastructure Funding Opportunities Folder ID: 54119 Author: Richard Dodson, General Manager Infrastructure and Environment Report Presenter: Richard Dodson, General Manager Infrastructure and Environment

Moved Cr Deane Rohrlach Seconded Cr Keith Ellis That the Infrastructure Committee recommend to Council that it:

(a) Acknowledge the various funding sources available for infrastructure projects; and (b) Adopt these funding philosophies when considering future strategic infrastructure projects.

CARRIED

IC9.5.2/2015 Orchard Bridge - Bridge Renewal Program Funding Application

Folder ID: 54119 Author: Richard Dodson, General Manager Infrastructure and Environment Report Presenter: Richard Dodson, General Manager Infrastructure and Environment Moved Mayor Bill O’Brien Seconded Deane Rohrlach That the Infrastructure Committee recommend to Council that:

(a) It support the allocation of up to $250,000 from the 2015/2016 budget as a matching contribution to a Bridge Renewal Funding application for the replacement of Orchard Bridge with a suitable new bridge; and

(b) If the funding application is successful, pursuant to Sections 38 and 44 of the Local Government Act 1999, Council authorise the Mayor and Chief Executive Officer to sign and affix Council’s common seal to legal documentation required to facilitate the provision of funding.

CARRIED

10. REPORTS FOR INFORMATION NIL 11. PROCEDURAL MATTERS

11.1 QUESTIONS WITHOUT NOTICE

NIL

Light Regional Council Infrastructure Committee Meeting held on Wednesday, 5 August 2015 2015/48

11.2 QUESTIONS ON NOTICE NIL 11.3 NOTICE OF MOTION

NIL

11.4 MOTIONS WITHOUT NOTICE Moved Deane Rohrlach Seconded Lynette Reichstein That council undertake a complete reconstruction of the dam wall as soon as practicable and note that the lake will need to be drained to enable the work to take place and that a funding source will be found by redirecting funds from potential savings in the capital program.

CARRIED


NIL

13. MEETINGS

The next meeting of Light Regional Council Infrastructure Committee will be held on Wednesday, 2 September 2015, commencing at 3:00pm in the in the Kapunda Committee Room, 93 Main Street, Kapunda, alternatively if there is no Development Assessment Panel Meeting the meeting will commence at 4.00pm in the Freeling Operations Centre Meeting Room, 11 Stephenson Street, Freeling.

14. CLOSURE

The meeting was declared closed at 4.32pm.

Minutes of meeting confirmed at a meeting of the Infrastructure Committee held on Wednesday, 2 September 2015.
