minutes of a general meeting of gladstone regional council held at
Transcription
minutes of a general meeting of gladstone regional council held at
MINUTES OF A GENERAL MEETING OF GLADSTONE REGIONAL COUNCIL HELD AT THE GLADSTONE ADMINISTRATION CENTRE BOARDROOM 101 GOONDOON STREET, GLADSTONE ON 5 MAY 2009 COMMENCING AT 9.00AM PRESENT Councillors Mayor George Creed Cr Gail Sellers Cr Maxine Brushe Cr Matt Burnett Cr Craig Butler Cr Clyde Cameron Cr Colin Chapman Cr Rick Hansen Cr Lyn Paton Council Officers Graeme Kanofski (Chief Executive Officer) Maureen Mason (Executive Support Officer/Minute Secretary) For part of the meeting as required: Cale Dendle (Director Community Services) Greg Winter (Director Governance) Ross Paroz (Director Infrastructure Services) Mark Larney (Director Corporate Services) Ron Doherty (Director Regulation & Development) Mark Holmes (Manager Finance) Helen Robertson (Manager Assessment & Development) Michelle Wagner (Manager Community Relations) Gail Griffiths (Senior Administration & Customer Relations Officer) Others in Attendance Nil. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 2 OF 100 ________________________________________________________________________________ Minute Contents Item Number Item Description Page Number 1.0 APOLOGIES 5 2.0 MESSAGE OF SYMPATHY 5 CONFIRMATION OF MINUTES MINUTES OF THE GENERAL MEETING HELD 21 APRIL 2009 5 6 3.0 3.1 4.0 OFFICER REPORTS 4.1 4.1.1 4.2 4.2.1 4.2.2 4.2.3 4.2.4 4.3 4.3.1 4.3.2 4.3.3 4.3.4 4.3.5 4.4 4.4.1 4.4.2 4.4.3 4.4.4 4.5 4.5.1 4.5.2 4.5.3 4.6 4.6.1 4.6.2 CHIEF EXECUTIVE OFFICER ORGANISATIONAL STRUCTURE AND TIMING OF COUNCIL MEETINGS DIRECTOR COMMUNITY SERVICES OFFICIAL NAME – “TARGINNIE” ADOPTION OF 2007/08 ANNUAL REPORT COUNCIL SIGNAGE REPLACEMENT PROJECT – PHASE II TOWNSHIP NAME – SEVENTEEN SEVENTY DIRECTOR CORPORATE SERVICES NON SMOKING POLICY CODE OF CONDUCT FOR EMPLOYEES ASSET MANAGEMENT POLICY STAFF RECOGNITION POLICY DIGITAL TELEVISION – MIRIAM VALE AREA MANAGER OF FINANCE WRITE OFF OUTSTANDING DEBTS FUNDING POLICY FOR THE GLADSTONE STATE EMERGENCY SERVICE UNIT GATCOMBE RURAL FIRE BRIGADE FUNDING MONTHLY OPERATING STATEMENTS YTD TO 31 MARCH 2009 DIRECTOR GOVERNANCE OPENING AS ROAD – LAND OWNED BY QUEENSLAND RAIL – LOT 2 RP612974; LOTS 321 & 322 G15341; LOT 3 RP600843 AND LOT 1 RP608896 MAKING OF GLADSTONE REGIONAL COUNCIL USE OF MOTOR VEHICLES ON BEACHES (APPLICATION OF CONTINUING LOCAL LAW) LOCAL LAW 2009 PUBLIC INTEREST TEST REPORT ON CALLIOPE SHIRE COUNCIL LOCAL LAW NO. 47 (USE OF MOTOR VEHICLES ON BEACHES) 2001 DIRECTOR ENVIRONMENT AND REGULATION IMPLICATIONS OF DRAFT CARBON POLLUTION REDUCTION SCHEME LEGISLATION PROPOSED FEES & CHARGES – LOCAL LAW LICENCES & PERMITS 6 8 8 8 8 9 9 9 10 10 10 11 11 11 11 12 12 12 12 13 13 14 14 14 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 3 OF 100 ________________________________________________________________________________ Item Number 4.7 4.7.1 4.7.2 4.7.3 4.8 4.8.1 4.8.2 4.8.3 4.8.4 4.8.5 4.8.6 4.8.7 4.8.8 4.8.9 4.8.10 5.0 Item Description Page Number DIRECTOR INFRASTRUCTURE SERVICES PROPOSED STREET NAMES FOR LITTLE CREEK DEVELOPMENT KIRKWOOD PROPOSED DISPOSAL OF R458 PARISH OF GLADSTONE, COUNTY OF CLINTON – LOT 299 CTN1740 CORONATON DRIVE UNDERPASS, TANNUM SANDS – REQUEST BY TANNUM SANDS STATE HIGH SCHOOL TO PAINT MURAL DIRECTOR PLANNING REPORTS REQUEST FOR ASSESSMENT UNDER THE SUPERSEDED PLANNING SCHEME– ADVERTISING SIGN – 36 HADDOCK DRIVE BURUA REQUEST FOR ASSESSMENT UNDER SUPERSEDED PLANNING SCHEME – TWO ADVERTISING SIGNS – 269 GLADSTONE BENARABY ROAD, WURDONG HEIGHTS DEVELOPMENT APPLICATION 09/0018 MATERIAL CHANGE OF USE, TEMPORARY CONCRETE BATCHING PLANT 18 BAKER ROAD, CALLIOPE DEVELOPMENT APPLICATION 09/0018 MATERIAL CHANGE OF USE, TEMPORARY CONCRETE BATCHING PLANT 18 BAKER ROAD, CALLIOPE REQUEST FOR PROPOSED DEVELOPMENT TO BE ASSESSED UNDER THE PROVISIONS OF A SUPERSEDED PLANNING SCHEME, RECONFIGURATION OF A LOT (1 INTO 2) – CAPTAIN COOK DRIVE, AGNES WATER (SANDCASTLES RESORT) REQUEST FOR PROPOSED DEVELOPMENT TO BE ASSESSED UNDER THE PROVISIONS OF A SUPERSEDED PLANNING SCHEME – RECONFIGURATION OF A LOT (1 INTO 2) AT 8 JAKEMAN DRIVE, AGNES WATER DEVELOPMENT APPLICATION 09/0008 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – FITZROY CRESCENT, AGNES WATER P & E COURT APPEAL SEA BREEZE (QLD) PTY LTD V GLADSTONE MICHAEL BAEVSKI, SUNRISE AT 1770 CTS 32536 & MIDELL PTY LTD DEVELOPMENT APPLICATION 09/0007 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – 2 STIRRAT STREET, ROSEDALE PLANNING SCHEME POLICY NO 3 – WATER SUPPLY, SEWERAGE, TRANSPORT, STORMWATER & PUBLIC PARKS AND COMMUNITY LAND INFRASTRUCTURE CONTRIBUTIONS POLICY FOR THE FORMER MIRIAM VALE SHIRE AREA 14 14 COUNCILLORS’ REPORT 22 15 15 16 16 16 17 17 19 19 20 21 21 21 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 4 OF 100 ________________________________________________________________________________ Page Number Item Number Item Description 6.0 GENERAL BUSINESS BUILYAN SPORTS GROUND CQ A NEW MILLENNIUM SWINE FLU APPRECIATION FROM SWENSON FAMILY LOCAL GOVERNMENT WEEK 2009 APPRECIATION TO SENATOR BOYCE UBOBO MOUNTAIN CHALLENGE DIRECTIONAL SIGNS(ARROWS) – BOYNE VALLEY ROAD SPRAYING OF PARTHENIUM AND GIANT RATS TAIL IN STATE FORESTS CQLGA 50TH ANNIVERSARY CELEBRATIONS 23 23 23 23 23 23 24 24 24 QUESTIONS FROM THE PUBLIC GALLERY 24 DEPUTATIONS 25 8.0 IN COMMITTEE DISCUSSIONS 25 9.0 MEETING CLOSE 25 COUNCILLORS' REPORT – 5 MAY 2009 ATTACHMENT 4.1.1 - TRANSITION AND OPTIMAL ORGANISATIONAL STRUCTURES NON-SMOKING POLICY CODE OF CONUCT FOR EMPLOYEES POLICY ASSET MANAGEMENT POLICY STAFF RECOGNITION POLICY FUNDING POLICY FOR THE GLADSTONE STATE EMERGENCY SERVICE UNIT MONTHLY OPERATING STATEMENTS YTD TO 31 MARCH 2009 FEES AND CHARGES - LOCAL LAW LICENCES & PERMITS CONDITIONS - ITEM 4.8.3 D/A 09/0018 18 BAKER ROAD CONDITIONS - ITEM 4.8.7 D/A 09/0008 FITZROY CRESCENT, AGNES WATER CONDITIONS - ITEM 4.8.9 DA 09/0007 2 STIRRAT STREET, ROSEDALE 26 34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 24 24 ADDENDA ADDENDUM 1 ADDENDUM 2 ADDENDUM 3 ADDENDUM 4 ADDENDUM 5 ADDENDUM 6 ADDENDUM 7 ADDENDUM 8 ADDENDUM 9 ADDENDUM 10 ADDENDUM 11 ADDENDUM 12 36 39 47 54 56 59 86 88 95 98 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 5 OF 100 ________________________________________________________________________________ 1.0 APOLOGIES There were no apologies. 2.0 MESSAGES OF SYMPATHY 2.1 PASSING OF MRS ROSE MAREK Cr Sellers referred to the passing of Mrs Rose Marek. Rose Preston was born at Southport on July 27th 1914 during the outbreak of World War 1. She lived most of her early years in Southport. She met George Marek, a butcher from Calliope, and was married in November 1928 and then moved to Nanango. Rose and George had two children Donald and Betty Rose. They came to Gladstone in the 1950’s and George began work at the Gladstone Meatworks. George died in August 1977. Rose worked as a cleaner for many years and was caretaker at the Town Hall. She was a regular performer at the Gladstone Harbour Festival Talent Quest as a tap dancer and each year her performance delighted the crowds. She was invited to perform on Red faces Hey Hey It’s Saturday. This year was the first year that Rose missed attending the Festival. She passed away on Friday 24th April 2009. Rose is survived by one son, six grandchildren, thirteen great-grandchildren and eight great-great grandchildren. Cr Cameron referred to Mrs Marek as a true “Gladstone character”. 2.2 PASSING OF MR JOHN ABRAHAM JOSEPH 23/5/1938 - 24/4/2009 Councillor Sellers referred to the passing of John Abraham Joseph. John was born in Gladstone at Bayview in Goondoon Street to Joe and Edith Joseph. As a young child John showed early signs of an inventive mind and love of a practical joke. He took a fitting and turning apprenticeship with Arthur Mostert. In 1964, John had an idea how to mould aluminium boats over a rubber bladder. As the sheets that were required were $20 each, he decided to begin a business ‘Joseph Engineering’ and leased premises in Lord Street. This idea was set aside when he began building boats, starting with the ‘Reflex’, a lines boat that still operates today and then the ‘Sea Hunt’ and a barge named the ‘Midway Trader’. This barge was later renamed the ‘MV Capricorn’ and would be central to John’s Business over the next forty years. It was involved with such diverse jobs as cartage of cattle, construction materials, cars, water to Heron, hauling gravel at Fraser and unloading prawns in the Gulf. In the 1970’s John devised a method to sample the coal as it left the conveyor and before it entered the ship. Australian and American patents were obtained. John, together with his brother Norm invented a unique pile rig and handled piledriving operations from Bundaberg to Mackay. This rig is still in use today in Gladstone Harbour by John’s son Andrew. He also built and operated Rainbow Valley Childcare Centre. John inherited his love of the sea from both his parents and sailing has always been a large part of his life. He skippered a lightweight sharpie named ‘Valiant’ and together with Bruce Chapman and Graham Fenton they won the Qld GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 6 OF 100 ________________________________________________________________________________ Championship in 1963. He built his own yacht ‘Pleiades’ and competed in local races and the ‘Brisbane to Gladstone’ on numerous occasions. John is survived by his wife Helen, daughter Marion, son Andrew and four grandchildren. 3.0 GENERAL MEETING MINUTES OF 21 APRIL 2009 3.1 CONFIRMATION OF GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 21 APRIL 2009 09/249 It was moved by Cr. Hansen, seconded by Cr. Chapman, "That the minutes of the Gladstone Regional Council General Meeting of 21 April 2009, as tabled, be confirmed." Carried 4.0 OFFICER REPORTS 4.1 CHIEF EXECUTIVE OFFICER 4.1.1 ORGANISATIONAL STRUCTURE AND TIMING OF COUNCIL MEETINGS 09/250 It was moved by Cr. Brushe, seconded by Cr. Paton, “That Council: 1. Conduct formal Council meetings on the first and third Tuesday of each month commencing at 9.00am at the Gladstone Administration Centre Boardroom, 101 Goondoon Street Gladstone for all but the month of January when a meeting will not be held on the first Tuesday of this month. 2. Conduct informal briefing sessions on the second and fourth Tuesday of each month commencing at 9.00am at the Gladstone Administration Centre Boardroom, 101 Goondoon Street Gladstone. 3. The informal briefing sessions be conducted in accordance with the "Guidelines for the Conduct of Informal Briefing Sessions" as prepared by the former Department of Local Government, viz: The purpose of the informal briefings is to share information, seek clarification and receive updates and not for the purpose of debating issues, obtaining consensus, or otherwise discharging Council's deliberative and decision making functions; The Chief Executive Officer will prepare an agenda for discussion group meetings, with briefing notes where appropriate, however, as no decisions will be made no minutes will be taken of proceedings. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 7 OF 100 ________________________________________________________________________________ 4. Allocate portfolios to Councillors consistent with directorships with the objective of improving information flow between elected members and senior staff and hence, ultimately the community. These portfolios be allocated as follows:- Directorship / Portfolio Corporate Services and Governance Community Services Environment & Regulation Airport Infrastructure Parks and Recreation Development Finance Councillor Cr. Rick Hansen Cr. Maxine Brushe Cr. Col Chapman Cr. Clyde Cameron Cr. Matt Burnett Cr. Gail Sellers Cr. Craig Butler Cr. Lyn Paton 5. Hold an additional General Meeting on the 30 June 2009 for the sole purpose of adopting the budget for the 2009/10 financial year. 6. Endorse the stage one transition and optimal organisational structures for Gladstone Regional Council as contained in Addendum 2 to the minutes, including the appointment of the current Manager of Finance, Mr Mark Holmes as the Director Finance. 7. Endorse the Acting Director arrangements as shown below: DIRECTORSHIP ACTING DIRECTOR [in the absence of current Director - ie. during periods of leave, etc] Environment & Regulation Parks and Recreation Director Governance Director Corporate Services Director Community Services Director Statutory Planning Director Strategic Planning Director Infrastructure Services Director Finance Assistant Director Environment and Regulation Manager Parks and Conservation Director Corporate Services Director Governance Manager Human and Social Services Director Strategic Planning Director Statutory Planning Manager Water & Sewerage Services and Manager Works Operations [on a rotational basis] Director Corporate Services Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 8 OF 100 ________________________________________________________________________________ 4.2 DIRECTOR COMMUNITY SERVICES 4.2.1 OFFICIAL NAME - "TARGINNIE" 09/251 It was moved by Cr. Butler, seconded by Cr. Chapman, “That: 1. Council adopt Targinnie (two n's) to be the correct spelling of the township. 2. Officers be authorised to take the necessary steps, including community consultation to make application to the Department of Environment and Resources to have this spelling confirmed and other records altered.” Carried 4.2.2 ADOPTION OF 2007/08 ANNUAL REPORT 09/252 It was moved by Cr. Brushe, seconded by Cr. Sellers, “That: 1. The combined 2007/08 Annual Report of the former local governments of Calliope Shire Council, Gladstone-Calliope Aerodrome Board, Gladstone City Council and Miriam Vale Shire Council be adopted in accordance with s. 36 of the Local Government Reform Regulation 2008, subject to the inclusion of the record of Cr Hansen’s meeting attendance. 2. A copy of the report be published on Council's website and submitted to the Department of Infrastructure and Planning (Local Government Division).” Carried Councillors noted that there was considerable work involved in the compilation of the report and requested that their appreciation for a job well done be passed on to all involved. 4.2.3 COUNCIL SIGNAGE REPLACEMENT PROJECT – PHASE II 09/253 It was moved by Cr. Butler, seconded by Cr. Cameron, “That: 1. Council endorse the general approach to Phase II of the Signage Replacement Project outlined in the report with the exception that the entrance sign to Gladstone be larger than the other “Town Signs” and read “Welcome to the City of Gladstone”. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 9 OF 100 ________________________________________________________________________________ 2. Pursuant to s. 486(1)(a) of the Local Government Act 1993, Council is satisfied that there is only one supplier of urethane-based, hand-carved, dimensional signs reasonably available to it, being Danthonia Designs. 3. Accordingly, the Chief Executive Officer be authorised to conclude negotiations with Danthonia Designs for Phase II of the Signage Replacement project as outlined in the report. 4. Council authorise the necessary revisions to the budget to conclude Phase II of the project as planned. 5. Officers report further to Council with respect to Phase III of the project in due course.“ Carried 4.2.4 TOWNSHIP NAME - "SEVENTEEN SEVENTY" 09/254 It was moved by Cr. Hansen, seconded by Cr. Sellers, “That: 1. Council acknowledges advice from the Department of Environment and Resources (Place Names Section) dated 17 April 2009 that the official name of the township is "Seventeen Seventy". 2. Council seek to issue a joint statement with the Department Environment and Resources to clarify any current misunderstanding. 3. Any concerns regarding apparent breaches of the Place Names Act 1994 with regard to "Seventeen Seventy" be directed to the Department of Environment and Resources as the administering authority for that statute; and 4. Steps be taken to progressively alter Council signage (including corresponding notification to the Department of Main Roads) as funds and resources permit, including as part of the signage/re-badging project currently underway." Carried 4.3 DIRECTOR CORPORATE SERVICES 4.3.1 NON SMOKING POLICY 09/255 It was moved by Cr. Sellers, seconded by Cr. Brushe, “That Council: 1. 2. Revoke the Transitioning Policy: “Former Calliope Shire Council Policy being CSC No. 603 – “Non Smoking Policy”; and Adopt the “Non Smoking Policy” as contained in Addendum 3 to the minutes. Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 10 OF 100 ________________________________________________________________________________ 4.3.2 CODE OF CONDUCT FOR EMPLOYEES POLICY 09/256 It was moved by Cr. Hansen, seconded by Cr. Paton, “That Council; 1. Revoke the following Transitioning Policies: a. former Gladstone Council Policy being GCC – “Code of Conduct”; b. former Calliope Shire Council Policy being CSC No. 6A – “General Code of Conduct”; c. former Calliope Shire Council Policy being CSC No. 6B – “Councillor Code of Conduct”; d. former Miriam Vale Shire Council Policy being MV – “Code of Conduct”; and 3. Adopt the “Code of Conduct Policy for Staff” contained in Addendum 4 to the minutes.” Carried 4.3.3 ASSET MANAGEMENT POLICY 09/257 It was moved by Cr. Sellers, seconded by Cr. Hansen, “That Council: 1. Revoke the following Transitioning Policies: a. former Gladstone City Council Policy being – “Asset Management Policy”; b. former Miriam Vale Shire Council Policy being MV No. 1.30 – “Asset Management Policy”; and 2. 4.3.4 Adopt the “Asset Management Policy” as contained in Addendum 5 to the minutes.” Carried STAFF RECOGNITION POLICY 09/258 It was moved by Cr. Burnett, seconded by Cr. Chapman, “That Council; 1 2. Revoke the following Transitioning Policies: a former Gladstone City Council Policy being – “Presentation in Recognition of Service with Council Policy”; b. former Calliope Shire Council Policy being CSC604 – “Gift Policy”; c. former Miriam Vale Shire Council Policy being MV No. 1.11 – “Staff Recognition and Reward Policy”; and Adopt the “Staff Recognition Policy” as contained in Addendum 6 to the minutes.” Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 11 OF 100 ________________________________________________________________________________ 4.3.5 DIGITAL TELEVISION – MIRIAM VALE AREA The meeting discussed Council’s position in regard to the funding of the conversion costs associated with the transfer from an analogue to a digital television transmission at Council owned television towers at Agnes Water, Miriam Vale and Rosedale. Councillors were adamant that it wasn’t a Council responsibility and agreed that if the government takes away the analogue service provided by Council it should replace the service not Council. 09/259 It was moved by Cr. Brushe, seconded by Cr. Sellers, “That because television services are a commonwealth rather than a local government funding responsibility, Council will: 1. 2. 3. 4. Seek federal government funding for the upgrade to digital transmission facilities for the residents of Agnes Water/ Seventeen Seventy, Miriam Vale/Bororen & Rosedale; Work in partnership with the community to lobby the federal government to fund this project; Not fund the upgrade of the facility should the federal government refuse to do so; and, Seek the support of the Local Government Association of Queensland for representation on a state-wide basis.” Carried 4.4 MANAGER OF FINANCE 4.4.1 WRITE OFF OUTSTANDING DEBTS 09/260 It was moved by Cr. Burnett, seconded by Cr. Sellers, “That Council authorise the write off of the debts totalling $29,185.25 as listed in the schedule attached to the agenda report. “ Carried 4.4.2 FUNDING POLICY FOR THE GLADSTONE STATE EMERGENCY SERVICE UNIT 09/261 It was moved by Cr. Hansen, seconded by Cr. Brushe, “That Council adopt the policy "Gladstone State Emergency Service – Funding Arrangements" as contained in Addendum 7 to the minutes.” Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 12 OF 100 ________________________________________________________________________________ 4.4.3 GATCOMBE RURAL FIRE BRIGADE FUNDING 09/262 It was moved by Cr. Butler, seconded by Cr. Burnett, That: 1. Council recognises the efforts of the few landholders in Gatcombe Heads to establish a fire protection system by providing financial assistance in the form of a donation for the sum of $2600 to the Gatcombe Heads Rural Fire Brigade for the completion of the Fire Protection Pipeline System that was commenced in 2006. 2. Council also recognises the isolation of Gatcombe Heads' residents in terms of other emergencies and endorses a further donation of $1400 for the construction of an emergency helicopter landing pad. 3. Council notes that for the 2009-2010 year and beyond, the Rural Fire Brigades on Facing and Curtis Islands, together with other Brigades so established, will be included in the normal funding arrangements as determined by the GRC Rural Fire Finance Committee.” Carried 4.4.4 MONTHLY OPERATING STATEMENTS YTD TO 31ST MARCH 2009 09/263 It was moved by Cr. Butler, seconded by Cr. Hansen, “That the information contained in the report, and statements contained in Addendum 8 to the minutes, be noted.” Carried 4.5 DIRECTOR GOVERNANCE 4.5.1 OPENING AS ROAD - LAND OWNED BY QUEENSLAND RAIL – LOT 2 RP612974; LOTS 321 & 322 G15341; LOT 3 RP600843 AND LOT 1 RP608896 09/264 It was moved by Cr. Butler, seconded by Cr. Burnett, “That Council authorise: 1. the endorsement of survey plans opening the land owned by Queensland Rail ("QR") listed in the Schedule as Road at no cost to QR; and, 2. Council not authorise a refund of rates as requested by Queensland Rail in its letter of 20 April 2009 but do a rate adjustment on the transfer date. SCHEDULE Lot 2 on RP612974; Lots 321 and 322 in G15341; Lot 3 on RP600843 and Lot 1 on RP608896” Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 13 OF 100 ________________________________________________________________________________ 4.5.2 MAKING OF GLADSTONE REGIONAL COUNCIL USE OF MOTOR VEHICLES ON BEACHES (APPLICATION OF CONTINUING LOCAL LAW) LOCAL LAW 2009 The Mayor invited comment from the group of Facing Island residents in the Public Gallery. Gatcombe Heads resident Coral Marxsen queried the application of the local law to Facing Island. The Director Governance explained: 09/265 - That if Council makes the proposed local law no beaches (including those on Facing Island) apart from the beaches in the former Calliope Shire Council area already specified in Subordinate Local Law no 47 would be regulated by the local law; - In order to regulate any other beaches (including those on Facing Island) Council would have to amend Subordinate Local Law No. 47; and, - In order to amend the Subordinate Local Law Council would invite public submissions in respect of the amendment. It was moved by Cr. Butler, seconded by Cr. Sellers, “That: 1. Council: 2. 1. in accordance with section 871 of the Local Government Act 1993, resolve to proceed with the making of Gladstone Regional Council Use of Motor Vehicles on Beaches (Application of Continuing Local Law) Local Law 2009 as advertised; and 2. In accordance with section 873(1) of he Local Government Act 1993, resolve to make Gladstone Regional Council Use of Motor Vehicles on Beaches (Application of Continuing Local Law) Local Law 2009 as advertised; and All persons making a submission be thanked with an explanation being provided to those who made a submission relating to beaches on Facing Island, as to why Council did not consider their submission relevant at this time.” Carried 4.5.3 PUBLIC INTEREST TEST REPORT ON CALLIOPE SHIRE COUNCIL LOCAL LAW NO. 47 (USE OF MOTOR VEHICLES ON BEACHES) 2001 09/266 It was moved by Cr. Brushe, seconded by Cr. Hansen, “That whereas a public interest test report has been presented to a meeting of Council about Calliope Shire Council Local Law No. 47 (Use of Motor Vehicles on Beaches) 2001, pursuant to section 893H of the Local Government Act 1993, Council implement the recommendations of the public interest report about Calliope Shire Council Local Law No. 47 (Use of Motor Vehicles on Beaches) 2001.” Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 14 OF 100 ________________________________________________________________________________ 4.6 DIRECTOR ENVIRONMENT AND REGULATION 4.6.1 IMPLICATIONS OF DRAFT CARBON POLLUTION REDUCTION SCHEME LEGISLATION The meeting discussed recent announcements concerning the Government’s deferral of the Carbon Pollution Reduction Scheme. It was agreed however that introduction of the scheme was inevitable. Councillors commended officers on their efforts to date with the proposal. 09/267 It was moved by Cr. Paton, seconded by Cr. Hansen, “That: 1. Progress with the Carbon Pollution Reduction Scheme legislation be monitored closely and changes that may affect Council operations and budget are reported to Council. 2. Detailed calculations are completed in relation to landfill and wastewater emissions to determine liabilities under the Scheme.” Carried 4.6.2 FEES AND CHARGES – LOCAL LAW LICENCES & PERMITS 09/268 It was moved by Cr. Butler, seconded by Cr. Chapman, “That the proposed fees and charges for local law licenses and permits as detailed in Addendum 9 to the minutes be adopted as presented for the 2009/2010 financial year and included with the adopted schedule of fees and charges.” Carried The meeting adjourned for morning tea at 10.35am and reconvened at 10.55am. 4.7 DIRECTOR INFRASTRUCTURE SERVICES 4.7.1 PROPOSED STREET NAMES FOR LITTLE CREEK DEVELOPMENT KIRKWOOD 09/269 It was moved by Cr. Hansen, seconded by Cr. Cameron, “That: 1. The following street names be approved for use within the Little Creek development: Little Creek Boulevard Markowitz Place Prescott Court GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 15 OF 100 ________________________________________________________________________________ Spence Court Woodland Court Peter Corones Drive Scholes Way Phelps Drive Briffney Street Becker Street 2. That the developer be notified of the approved names.” Carried 4.7.2 PROPOSED DISPOSAL OF R458 PARISH OF GLADSTONE, COUNTY OF CLINTON – LOT 299 CTN1740 09/270 It was moved by Cr. Burnett, seconded by Cr. Paton, “That: 1. Council request the Department of Environment and Resource Management that part of Lot 299 CTN1740 (approx 4.6Ha) be allocated as Reserve for Drainage Purposes (Detention Basin); and 2. Council authorise the Chief Executive Officer to commence negotiations with the Department for Lot 1 AP17180 to also be allocated as Reserve for Drainage Purposes (Detention Basin).” Carried 4.7.3 CORONATION DRIVE UNDERPASS TANNUM SANDS – REQUEST BY TANNUM SANDS STATE HIGH SCHOOL TO PAINT MURAL 09/271 It was moved by Cr. Brushe, seconded by Cr. Cameron, “That 1. 2. Council approve the painting of the mural on the underpass at Coronation Drive, Tannum Sands subject to: - prior approval of the content/subject matter by Council; and - the site being adequately maintained free of graffiti in a timely manner; Council reserves the right to remove or paint over the mural as it deems fit should the artwork be offensive, become faded and unmaintained or for any other reason.” Carried The Mayor left the room at 11.05am and Cr Sellers assumed the duties of Chairman. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 16 OF 100 ________________________________________________________________________________ 4.8 DIRECTOR PLANNING REPORTS 4.8.1 REQUEST FOR ASSESSMENT UNDER THE SUPERSEDED PLANNNG SCHEME – ADVERTISING SIGN – 36 HADDOCK DRIVE BURUA (File Ref: LN5110) 09/272 Application: Proposed Advertising Billboard Sign Applicant Name and address: Tayco Outdoor Advertising PO Box 955 BUNDABERG QLD 4670 Owner: John L & Shirley J Allen Subject Land: 36 Haddock Drive, Burua Current Zoning Rural Residential Locality Calliope Frame Locality Superseded Zoning Rural Proposal Advertising Billboard Sign It was moved by Cr. Burnett, seconded by Cr. Hansen, “That Council advise the applicant that the request to assess the application for an advertising billboard sign at 36 Haddock Drive, Burua under the Superseded Planning Scheme is accepted, thereby making the application Exempt from assessment against the Superseded Planning Scheme and only requiring a building approval to be obtained.” Carried 4.8.2 REQUEST FOR ASSESSMENT UNDER SUPERSEDED PLANNING SCHEME – TWO ADVERTISING SIGNS – 269 GLADSTONE BENARABY ROAD, WURDONG HEIGHTS (File Ref: LN12013) 09/273 Application: Proposed Advertising Billboard Sign X 2 Applicant Name and address: Tayco Outdoor Advertising PO Box 955 BUNDABERG QLD 4670 Owner: Christopher P Dahl Subject Land: 269 Gladstone-Benaraby Road, Wurdong Heights Current Zoning Rural Locality Calliope Frame Locality Superseded Zoning Rural Proposal Advertising Billboard Sign x 2 It was moved by Cr. Brushe, seconded by Cr. Chapman, “That Council advise the applicant that the request to assess the application for 2 x advertising billboard signs at 269 Gladstone-Benaraby Road, Wurdong Heights under the Superseded Planning Scheme is accepted, thereby making GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 17 OF 100 ________________________________________________________________________________ the application Exempt from assessment against the Superseded Planning Scheme and only requiring a building approval to be obtained.” Carried 4.8.3 DEVELOPMENT APPLICATION 09/0018 MATERIAL CHANGE OF USE, TEMPORARY CONCRETE BATCHING PLANT 18 BAKER ROAD, CALLIOPE Application Number: Applicant: Owner: Date Of Receipt: Location: RPD: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: 09/274 DA09/0018 (Calliope) J & J Earthmoving Jason John Cheers 6 April, 2009 18 Baker Road, Calliope. Lot 1 on RP601684, Parish of East Stowe 6.497 ha Rural dwelling Rural Material Change of Use - Environmentally Relevant Activity for Concrete Batching Plant 12 Week Temporary Use for Concrete Batching Plant Not applicable It was moved by Cr. Burnett, seconded by Cr. Brushe, “That the application for making a material change of use & environmentally relevant activity for 12 Week Temporary Use for a Concrete Batching Plant at 18 Baker Road, Calliope be approved subject to the conditions contained in Addendum 10 to the minutes.” Carried The Mayor returned to the meeting at 11.25am and resumed the duties of Chairman. 4.8.4 DEVELOPMENT APPLICATION 08/0102 REQUEST FOR NEGOTIATED DECISION – RECONFIGURATION OF A LOT (1 INTO 2) 153 AWOONGA DAM ROAD, BENARABY (File Ref: DA08/0102 LN4372) Application: Proposed Reconfiguring a Lot: 1 into 2 Applicant Name and address: Mr Michael Joseph Emslie C/- Jones Flint & Pike Pty Ltd Po Box 172 GLADSTONE QLD 4680 Owner: Michael J Emslie Subject Land: Lot 2 on RP 609730, Parish of Boyne Location: 153 Awoonga Dam Road, Benaraby GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 18 OF 100 ________________________________________________________________________________ 09/275 Present Zoning Village Existing Use: Residential Proposed Use: Village Area: 0.925ha Number of Lots 1 into 2 Application Received: 17 November 2008 Assessed by Council 24 March 2009 It was moved by Cr. Brushe, seconded by Cr.Hansen , “That Council amend Special Condition No. 4 of the decision notice as adopted for Reconfiguring a Lot, 1 into 2 lots at 153 Awoonga Dam Road, and issue a Negotiated Decision Notice to the applicant and concurrency agency containing the following provisions: RECONFIGURING A LOT - SPECIAL CONDITIONS Existing Condition 4. On-site effluent disposal systems are to be sited above the 1% AEP flood level. A technical report prepared by a competent person is required to be lodged with Council which demonstrates suitability of the proposed sites to accommodate an appropriate on-site sewage treatment facility, including the disposal of treated effluent, having regard to: i) ii) iii) iv) v) vi) vii) ix) average household residential use; land area; land slope; soil type; vegetation; surface water; flood prone land; and groundwater The assessment will show compliance with the requirements of the Department of Natural Resources and Water “On Site Sewerage Code” and “AS/WZS 1548:2000 for on site sewerage treatment”. Amended Condition 4. On-site effluent disposal systems are to be sited above the 1% AEP flood level. A technical report prepared by a competent person is required to be lodged at the Building Application stage wherein the report is to demonstrate the suitability of the site to accommodate an appropriate on-site sewage treatment facility, including the disposal of treated effluent, having regard to: i) ii) iii) iv) v) vi) vii) ix) average household residential use; land area; land slope; soil type; vegetation; surface water; flood prone land; and groundwater GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 19 OF 100 ________________________________________________________________________________ The assessment will show compliance with the requirements of the Department of Natural Resources and Water “On Site Sewerage Code” and “AS/WZS 1548:2000 for on site sewerage treatment”. A property note is to be placed on the rate card for proposed lot 3 advising that the Technical Report is to be submitted to Council for assessment as part of the Plumbing approval for the dwelling.” Carried 4.8.5 REQUEST FOR PROPOSED DEVELOPMENT TO BE ASSESSED UNDER THE PROVISIONS OF A SUPERSEDED PLANNING SCHEME, RECONFIGURATION OF A LOT (1 INTO 2) – CAPTAIN COOK DRIVE, AGNES WATER (SANDCASTLES RESORT) Application Number: Applicant: Owner: Date Of Receipt: Location: RPD: Area: Current Use of Land: Zoning: Proposal: 09/276 Miriam Vale Sandcastles Agnes Water Pty Ltd Mr Ross Warburton C/- Jones Flint and Pike Sandcastles Agnes Water Pty Ltd 13 March 2009 Captain Cook Drive, Agnes Water Lot 73 SP153665 6,344m² Swimming Pool Medium Density Residential Zone Reconfiguration of a Lot (1 into 2) Application under a Superseded Planning Scheme It was moved by Cr. Paton, seconded by Cr. Chapman, “That 4.8.6 1. The request for consideration under the superseded Scheme be accepted. 2. The acknowledgment notice in respect of the superseded Planning Scheme request be issued in accordance with Section 3.2.3(1)(b) of the Integrated Planning Act 1997.” Carried REQUEST FOR PROPOSED DEVELOPMENT TO BE ASSESSED UNDER THE PROVISIONS OF A SUPERSEDED PLANNING SCHEME – RECONFIGURATION OF A LOT (1 INTO 2) AT 8 JAKEMAN DRIVE, AGNES WATER Application Number: Applicant: Owner: Miriam Vale Sommerfeld Jensen Campbell Pty Ltd T & W Jeffery GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 20 OF 100 ________________________________________________________________________________ Date Of Receipt: Location: RPD: Area: Current Use Of Land: Zoning: Proposal: 09/277 25 March 2009 8 Jakeman Drive, Agnes Water Lot 185 RP 619984 1.66 Ha Dwelling and associated facilities Rural Character Zone (Previously Rural Zone) Reconfiguration of a Lot (1 into 2) Request for consideration under a Superseded Planning Scheme It was moved by Cr. Hansen, seconded by Cr. Cameron, “That 4.8.7 1. The request for consideration under the superseded Scheme be accepted. 2. The acknowledgment notice in respect of the superseded Planning Scheme request be issued in accordance with Section 3.2.3(1)(b) of the Integrated Planning Act 1997.” Carried DEVELOPMENT APPLICATION 09/0008 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – FITZROY CRESCENT, AGNES WATER Application Number: Applicant: Owner: Date Of Receipt: Location: RPD: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: Number Of Submissions: 09/278 Miriam Vale MCU 09/0008 Gary Scott Gary Andrew James & Heidi Sylvia Marcel 17 April 2009 Fitzroy Crescent, Agnes Water Lot 64 RP619986 1.449 hectares Vacant Rural Character Relocatable Dwelling Not Applicable (Code Assessable) Not Applicable (Code Assessable) It was moved by Cr. Paton, seconded by Cr. Sellers, “That the application for a Relocatable Dwelling to be located at Fitzroy Crescent, Agnes Water and described as Lot 64 RP619986 be approved subject to the conditions contained in Addendum 11 to the minutes.” Carried GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 21 OF 100 ________________________________________________________________________________ 4.8.8 P & E COURT APPEAL SEA BREEZE (QLD) PTY LTD V GLADSTONE MICHAEL BAEVSKI, SUNRISE AT 1770 CTS 32536 & MIDELL PTY LTD 09/279 It was moved by Cr. Brushe, seconded by Cr. Butler, “That: 1. Council write to the owners of each compliant dwelling in Sunrise @ 1770 that has had final building and plumbing approval, advising them of the Courts decision and the need for their building and plumbing work to be re-certified. 2. Given the circumstances of the particular case, Council offer to undertake those re-certifications at no cost to the owners.” Carried 4.8.9 DEVELOPMENT APPLICATION 09/0007 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – 2 STIRRAT STREET, ROSEDALE Application Number: Applicant: Owner: Date Of Receipt: Location: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: Number Of Submissions: 09/280 Miriam Vale DA 09/0007 Karrina Coyne Karrina Lorraine Coyne 9 March 2009 2 Stirrat Street, Rosedale 1,012m² Vacant Low Density Residential Relocatable Dwelling Not Applicable (Code Assessable) Not Applicable (Code Assessable) It was moved by Cr. Paton, seconded by Cr. Sellers, “That the application for a Relocatable Dwelling to be located at 3 Stirrat Street, Rosedale and described as Lot 4 R5344 be approved subject to the conditions contained in Addendum 12 to the minutes.” Carried 4.8.10 PLANNING SCHEME POLICY NO 3 – WATER SUPPLY, SEWERAGE, TRANSPORT, STORMWATER & PUBLIC PARKS AND COMMUNITY LAND INFRASTRUCTURE CONTRIBUTIONS POLICY FOR THE FORMER MIRIAM VALE SHIRE AREA In February 2009 Council adopted Planning Scheme Policy No 3 - Water Supply, Sewerage, Transport, Stormwater & Public Parks and Community Land infrastructure Contributions Policy for the former Miriam Vale Shire area. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 22 OF 100 ________________________________________________________________________________ As a result of the use of the policy some errors and anomalies in the policy have been identified. 09/281 It was moved by Cr. Brushe, seconded by Cr. Butler, “That Council resolve that it 1. Proposes to amend Planning Scheme Policy No 3 Water Supply, Sewerage, Transport, Stormwater & Public Parks and Community Land infrastructure Contributions Policy for the former Miriam Vale Shire area in the manner set out in this report. 2. Public notification be commenced to amend the policy in the Gladstone Observer, Bundaberg News Mail and Coastal Rag, on Council web site and that copies of the policy and explanatory statement be made available for inspection and purchase at each of Council’s three offices and the Agnes Water Rural Transaction Centre. The consultation be undertaken for a period of 20 business days in accordance with schedule 3 of the Integrated Planning Act 1997.” Carried 5.0 COUNCILLORS REPORT The meeting noted the reports from Councillors Sellers, Chapman and Hansen contained in Addendum 1 to the minutes. Report from Cr Hansen It was resolved that: 1. Surviving Prosperity – Benefits to Resource Towns Council investigate partnerships through the Central Queensland Local Government Association. 2. Sustainable Communities Council consider the principles outlined in the address by the Director Design and Urban Environment Melbourne City Council with regard to future planning issues for high rise buildings in Tannum Sands and Boyne Island. 3. Community Engagement – Counting the Cost Savings Council‘s Community Relations Team investigate the method of communication used by the Brisbane City Council’s Community Engagement Centre of Excellence and report back on its possible application to Gladstone Regional Council. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 23 OF 100 ________________________________________________________________________________ 6.0 GENERAL BUSINESS 6.1 BUILYAN SPORTS GROUND Cr Butler advised that he had had recent discussions with Mr Mal Ramage of the Builyan Water Supply Association in regard to the Association including the Builyan Sports Ground in their activities. He said the Association was seeking Council’s views on the proposal The Chief Executive Officer advised that the Builyan Water Supply Association should write formally to Council, attaching any legal advice obtained, to enable Council to formally respond to the request. 6.2 CQ A NEW MILLENNIUM Cr Brushe reported on her attendance at a recent CQ a New Millennium meeting. She said a major topic of discussion was preparation of the regional plan and involvement with local government’s town planning schemes. Cr Brushe will prepare a report to Council on the meeting. 6.3 SWINE FLU Cr Sellers referred to the global spread of swine flu. She said the current situation is that there are no confirmed cases of swine influenza in Australia. In Queensland, there have been 37 suspected cases and six have been cleared of swine flu. She queried if Council has an influenza pandemic contingency plan, and if the Gladstone Region Disaster Plan would cover a pandemic. The Chief Executive Officer advised that it would be handled on a State Government Level. He said it would be part of the regional State Health Plan. 6.4 APPRECIATION FROM SWENSON FAMILY Cr Sellers conveyed appreciation from the Swenson family for arranging the "Roy Swenson Close" sign in time for presentation on his 90th birthday. She also extended thanks to Ren Lanzon from the Observer for his assistance in regard to the media tribute to Mr Swenson and Council staff for arranging printing and delivery of the sign. 6.5 LOCAL GOVERNMENT WEEK 2009 Cr Sellers queried Council's participation in Local Government Week 2009. The Director Community Service advised that this year it would be an adjunct to Ecofest. He will provide further information to Councillors, in particular that of the colouring competition. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 24 OF 100 ________________________________________________________________________________ 6.6 APPRECIATION TO SENATOR SUE BOYCE Cr Sellers referred to the visit of Senator Sue Boyce, Senator for Queensland. Senator Boyce met with Council on 29 April to get their viewpoint on various regional issues. 09/282 It was moved by Cr. Sellers, seconded by Cr. Burnett, "That a letter of thanks be forwarded to Senator Boyce." Carried 6.7 UBOBO MOUNTAIN CHALLENGE Cr Cameron reported that the Challenge was once again a great event. He conveyed the organisers' appreciation for maintenance of roads to the various sites. 6.8 DIRECTIONAL SIGNS (ARROWS) – BOYNE VALLEY ROAD Cr Cameron referred to the proliferation of arrowed signs being erected on the many curves on the Boyne Valley Road. He said whilst intending to improve the safety of the road it was actually creating a danger on the roads at night. The brightness when the signs light up created sight problems for motorists. The Chief Executive Officer asked that at the conclusion of the meeting Cr Cameron discuss the matter with the Director Infrastructure Services for referral to the Main Roads Department. 6.9 SPRAYING OF PARTHENIUM AND GIANT RATS TAIL IN STATE FORESTS Cr Burnett said he believed it was opportune to seek the assistance of the Environmental Protection Authority to arrange further eradication of parthenium and giant rats tail in State forests. The Chief Executive Officer will confer with Council's Coordinator Rural Lands Protection Officer concerning the matter. 6.10 CQLGA 50TH ANNIVERSARY CELEBRATIONS Cr Butler advised that he and Cr Hansen will be joining the CQLGA celebrations in Biloela from 7 - 9 May. QUESTIONS FROM THE PUBLIC GALLERY There were no questions raised. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 25 OF 100 ________________________________________________________________________________ 7.0 DEPUTATIONS There were no deputations. 8.0 IN COMMITTEE DISCUSSIONS There were no “in committee” items. 9.0 MEETING CLOSE There being no further business, the Mayor formally closed the meeting. THE MEETING CLOSED AT 12.05PM CERTIFICATION I hereby confirm that I have read the minutes and they are a true and correct record of the proceedings of the meeting. I certify that these 100 pages and attached policy and plan documents form the official copy of Gladstone Regional Council General Meeting Minutes of the 5 May 2009. …………………………………. Mayor George Creed …………./…………/………… GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 26 OF 100 ________________________________________________________________________________ ADDENDUM 1 COUNCILLOR REPORT 5th MAY 2009 1.0 Cr Gail Sellers 1.1 Red Shield Appeal Launch The Business Launch for the Red Shield Appeal was help on 21st April. The guest speaker for the morning was Inspector Eddie Lacko of Queensland Fire and Rescue Services, who spoke on the large part the Salvation Army play in disaster management. The breakfast was attended by all Gladstone Regional Councillors. 1.2 Airport Meetings The first was held Tuesday the 21st April, on site, to inform the local residents of the scope of the work before the job commences. The meeting was well attended and presentations were well received. The attendees were encouraged to call the Hot Line if a problem arose during construction. The second on Thursday the 23rd April was help on 23rd April at the Gladstone Entertainment Centre. This was well attended also and several questions were asked regarding the construction, time frames and aircraft re-scheduling. On 29th April, the Gladstone Engineering Alliance held a luncheon for their members and guests. This also was well attended and there were presentations by CEO Graeme Kanofski, Goldings and Quantaslink. Residents will be kept up to date with progress during the construction. 1.3 Local Disaster Management Group On 22nd April, I chaired the meeting of the Local Disaster Management Group for the Chair Mayor George Creed and Deputy Chair Cr Rick Hansen who were away from the city. There was some discussion about processes followed during Cyclone Hamish. Most felt it was useful exercise. We are the first Regional Council to have an approved structure in place for its State Emergency Service function under the Disaster Management Act. Local Disaster Management Plan needs to be completed and approved by March 2010 and a draft will be provided at the August Meeting of the LDMG. Tsunami warning – this is a Commonwealth Warning and more information will be available at the June Meeting as to how this information is disseminated to the community when required. Data from the warning buoys is still being validated and checked for accuracy by relevant Commonwealth Departments. Emergency Message Dissemination methods are being reviewed and it is possible there will be a hard copy (as distributed in the recent event by Queensland Police), mobile phone message, or a voice message to the land line are all options that will be investigated in future events. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 27 OF 100 ________________________________________________________________________________ 1.4 Welcome Morning Tea On 23rd April, Councillor Chapman and I attended the Welcome Morning Tea held at the GAPDL this month. There were about ten newcomers to the city and they were made feel extremely welcome by those present. 1.5 Healthy Active Gladstone The committee has received notification that the project has been shortlisted for the Premiers Healthy Qld Awards. The next stage is now to prepare an hour long presentation for the visit of the judge. The co-ordinating group for this project is Keep Australia Beautiful. Special mention must be made to the excellent work done by Crystal McGregor of Amarna. Crystal will be involved with the final presentation, as will the community committee. 1.6 Anzac Day Ceremonies Anzac Day is truly a people’s day which is thriving because of the public participation it encourages. The Gladstone Region celebrated Anzac Day with public and school ceremonies which were attended by the Mayor and Councillors. The large increase in numbers was noted by councillors. 1.7 QAL Apprentice of the Year On behalf of the Mayor, I attended the annual QAL Apprentice of the Year function on Wednesday 29th April. The function was a celebration for first year apprentices and their families. QAL Apprentice of the Year was Laurie Tooker and the CQ Petroleum Apprentice of the Year was Michael Smith. 1.8 CQUniversity On Friday 1st May at Councillor Brushes’ invitation, I attended a presentation in Brisbane supporting a tender proposal to Queensland Health for a comprehensive research project into the nutrition and physical activity of men aged between 35 – 55. The funding is for $900 000 and there are two finalists. CQUniversity will conduct the study within the Gladstone Region. 2.0 Cr Chapman 2.1 CQ Carbon Network. · · This a recently formed group of people with an interest in Carbon and what is happening in CQ region. At this stage, members come from the following organisations: Fitzroy Basin Association, Rockhampton Regional Council, Dept Tourism Regional Development and Industry, CQUniversity, Gladstone Area Promotion and Development Limited, CQ Environmental, Environmental Protection Agency, Greening Australia, CQLGA, Rockhampton Regional Development Limited, Dept Mines and Energy and Gladstone Regional Council. Recently we reviewed a list of roles and priorities and the following are the projects that group members highlighted as achievable: Reducing duplication in carbon and climate change programs in the region Have a united proactive approach to the region’s future footprint GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 28 OF 100 ________________________________________________________________________________ · · · Ability to lobby on behalf of the region Leveraging off major events in region and use as opportunities for activities A stock take of what each organisation is currently doing and plans to do in the future A possibility that did develop was the benefit of holding a forum in Gladstone to allow businesses (including some of the bigger industries) to explore the impacts/opportunities of carbon trading. CQUniversity could be an appropriate venue. I have been asked to speak with various businesses to explore this idea. It was acknowledged that this could become a political issue. Initial contacts have indicated a keenness to be involved and discussions with Ron Doherty suggest that the Gladstone Regional Council could sponsor this as an Environmental Forum, possibly during August. Our next meeting is scheduled for 15th May. 2.2 Clean and Healthy Air Project A combined meeting of the Community and Industry Reference Groups was held on Wednesday 22nd April to receive the updates on the Air Monitoring program and to review a report on Air Shed Modelling. While it is disappointing that the project is 8 months behind in its advanced monitoring program, EPA or DERM has now released two months reports of most of the pollutants and the OPSIS system on top of the Gladstone Entertainment Centre has commenced operations. The OPSIS measures gases and air pollution via a laser beam. So far, the reports reveal that there are no pollutants above the acceptable criteria levels. While this is seemingly good news, there is still a long way to go before any conclusive report can be done on the health risk assessment and air quality. Most of the meeting dealt with the different air shed models and their suitability and validity for our region. It appears that a combination of models will be used to determine how the ambient air circulates about our region. The next Public Forum will be held in June. 3.0 Cr Hansen 3.1 Infrastructure Symposium – Brisbane 22nd – 24th April Councillor Butler, Ross Paroz, Craig Murrell and I attended this Symposium. These notes were prepared by myself and are my view of proceedings. Councillor Butler will provide his view and notes next week. There were some very interesting presentations during the Symposium with information relevant to Gladstone Regional Council’s areas of Asset Management, Strategic Planning, Rating Methodology, Planning Methodology, Climate Change and Carbon Trading Implications and Community Engagement. There were many presentations and I have made some notes on points of interest from all speakers. Roads Alliance Regional Road Group Assembly • • Changes being made to TIDS funding Program Development GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 29 OF 100 ________________________________________________________________________________ • • • Asset Management Joint Purchasing and Resource sharing Road Safety Assessment Jason Deller (Moreton Bay Council) presented his strategy on reducing the cost of Road Crashes to Local Councils. Estimated cost to Qld councils from 2002 – 2006 over $1 billion. He will launch this strategy in December 2009. Ron Dyne and Warren Paulger reported on the Wide Bay Burnett Joint Purchasing Resource Sharing scheme which has had strong support from all of their five member councils. This scheme could well be adopted by the CQLGA. Opening Address – Paul Bell • • Ten year asset management plans Plan carefully about where we put our infrastructure money Community Leaders – Future of Queensland Local Government Greg Hallum (LGAQ) • • • • New Local Government Act should become legislation 10th September Heart of the new act is with 10 year Planning and Asset Management New alliance with State ministers (National approach for planning applications) Planning Performance Assessments on line Cr John Brent (Mayor Scenic Rim, Cr Lorraine Pyefinch (Mayor Bundaberg and Michelle McFadyen (CEO Longreach), gave their views on the subject. An interesting point made by Michelle McFadyen was in regards their policy on Educating the Community on how council works and operates. Surviving Prosperity – Benefits to Resource Towns Cr Peter Maguire (Central Highlands) Forming strategies to ensure that everyone benefits in resource towns. The Bowen Basin Management Group was formed to get social infrastructure provisions for towns hosting new coal mines put back on the agenda. These collaborations with DIP have seen social infrastructure provisions included in the EIS process. Greg Lane (Deputy CEO Housing Industry Association) Avocation for regional collaboration regarding housing Sustainable Resource Community Program (similar to our current SISP) Steve Mill (Exec Dir Communities Future Taskforce DIP) There is now a Social Impact Assessment section in DIP. The department has appointed a person based in Emerald to assist with the social impacts of Coal mines. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 30 OF 100 ________________________________________________________________________________ Why can’t a regional approach to this issue be formed through the CQLGA. The Things We Can Control – Smart ways to increase revenue Alan Morton (Morton Consulting) • • • • Rate Caps if issued should be at 20% If Banding is adopted it is sensible to use it just in the rural and rural residential areas It is prudent for councils to borrow intelligently for long lasting infrastructure Don’t allow yourself to be swayed by low valued property used for industry when their trucks use our road infrastructure Desley Boyle I believe she will be much better for local government and has the knowledge of our issues. Long Term Council & Community Planning Christchurch NZ Bob Parker (Mayor Christchurch) Long term plans have been in place in NZ since amalgamations in 2002. All capital projects are prioritised together. Still need to borrow for long term infrastructure needs Christchurch City Council website has this plan. www.ccc.govt.nz Tackling Climate Change Head on (State’s Strategy) Kate Jones (Minister for Climate Change and Sustainability) Much more of the same old stuff. Sustainable Communities Professor Rob Adams (Director Design and Urban Environment Melbourne City Council) • Councils should identify transport corridors • As of right development should be allowed along those corridors • Try to get 200 people per hectare living along those corridors • www.melbourne.vic.gov.au This type of thinking has already been considered in Gladstone CBD but could be adapted to a lesser degree in perhaps Hampton Drive in Tannum Sands. The Social Impacts of Higher Fuel Prices Professor Neil Sipe (Griffiths University) GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 31 OF 100 ________________________________________________________________________________ Has developed a VAMPIRE (Vulnerability Assessment for Mortgage, Petroleum and Inflation Risks and Expenses) Index. This index looks at the relative degree of socio-economic stress on families living in the suburbs and examines how social costs associated with these factors could be minimised through better urban and transport policy planning. Well worth having a look at. Climate Change and Transport Planning Chris Loader (Manager Transport Planning and Policy – Victorian Bus Association) Our future thinking on public transport will be governed by Carbon Emissions and high oil prices. • • Improve all footways and bikeways Get people onto public transport Transporting the Nation – How can the Trucking Industry Adapt David Simon (Managing Director Simon National Carriers) They are planning to have less trucks on the road but those trucks will be bigger ie B-triples. It will be necessary to keep freighting by truck as rail capacity is not big enough or cheap enough to compete. The Future of Eco Friendly Cars Jon Dee (Chairman “DO SOMETHING”) The reality is that in the future we will have electric or hydrogen cars because of oil resources diminishing and setting a reduced carbon footprint Both technologies are well advanced and could be available as an alternative for council fleet by as early as 2012. Carbon Pollution Reduction Scheme – What will it mean for Local Government Malcolm Petrie (Policy Advisor LGAQ) Councils will have to be up to speed with requirements of CPRS with regard assessment, accounting and reporting. The act will come into place in 2010. • • • • We have to be proactive in assessing our own council’s exposure Reporting methods compliance have to be locked in for 4 years Auctions to purchase carbon credits open early 2010 LGAQ mitigation guide will be available in July 2009 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 32 OF 100 ________________________________________________________________________________ Climate Smart and Carbon Accounting Mark Girard (CEO LG Infrastructure Services) • • • • • CPRS simulation is now being introduced with SEQ councils Carbon inventories are being done for councils All councils will have to identify if they will have to take part in the scheme Regional collaboration could work Have to look at Forrest Sink abatement schemes Main Roads and Local Government – The Road Ahead Dave Stewart (DG Department of Transport & Main Roads) Told us how good the Department is and how good they will be. Opposition Perspective John-Paul Langbroek (Leader LNP) Impressed me with the knowledge he had for Local Government issues and I’m confident that he will be sympathetic to our causes. Howard Hobbs seems to be giving him the right information. Assessing Climate Control Risks Professor Bob Miles (Miles Consulting Services) Gave us a lot of graphs and matrixes to show us how to assess these risks. Community Engagement – Counting the Cost Savings Glen Boyd (Brisbane City Council Community Engagement Centre of Excellence) • • • • • • • Shift from Customer Service to Customer Focus charter Provide Customer Service Course for our staff (complete with completion certificates We should have active participation (partner relationships) Neighbourhood planning (talk to communities at the vision stage of all infrastructure projects) Don’t utilise public meetings to engage with communities Social Impact Management engagement models should match up with the particular project model Embed these communication systems into the process (go and see them, don’t bring them to see you) www.brisbane.qld.gov.au Utilising these principles in our own backyard, early community engagement could influence the design of Airport restructure or the Agnes Water Community GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 33 OF 100 ________________________________________________________________________________ Centre. Commence with the objectives and the principles and present the designs later. We could strike partnerships with Education Queensland to get the best community results from their recent infrastructure funding. Stirling Hinchcliffe (Minister Infrastructure and Planning) Not really impressed with his address. Did nothing to convince me that there would be much change in this department. Federal Local Government Relations Adrian Beresford-Wylie (CEO ALGA) Gave us his observations of the Australian Governments recent moves to get closer to local government. 3.1 Palm Drive Junior Sports Association Meeting - 28 April 2009 Points of Interest • • • New benches and trees gained by funding going into the ground 2/5/09 Football Gladstone reports that No1 field has come up very well after remediation Cricket working in with football to build the new wicket on No1 field during the winter months GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 34 OF 100 ________________________________________________________________________________ ADDENDUM 2 STAGE 1 TRANSITION ORGANISATIONAL STRUCTURE FOR GLADSTONE REGIONAL COUNCIL Chief Executive Officer Director Environment & Regulation No Change Director Parks & Recreation No Change Director Corporate & Business Director Governance Director Finance Functions HR RTCs WPHS Fleet Assets IT Records Airport Functions Internal Audit FOI Legal Property Functions Budget Rates Payroll Store Disaster Management Director Community Services Director Infrastructure Services Director Strategic Planning Director Statutory Planning No Change No Change Stand Alone Directorate Stand Alone Directorate [Commercial has been deleted from title] GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 35 OF 100 ________________________________________________________________________________ ADDENDUM 2 (CONT) OPTIMAL ORGANISATIONAL STRUCTURE FOR GLADSTONE REGIONAL COUNCIL Chief Executive Officer Director Environment and Parks Director Corporate and Business Director Finance Director Infrastructure Services Director Community Services Director Planning GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 36 OF 100 ________________________________________________________________________________ ADDENDUM 3 Gladstone Regional Council Policy Topic NON SMOKING POLICY Policy Number {INSERT POLICY NUMBER} Department CORPORATE SERVICES / STATUTORY POLICY Statutory Authority {INSERT STATUTORY AUTHORITY} Date of Adoption 5 MAY 2009 Resolution No. {INSERT RESOLUTION NUMBER AFTER COUNCIL ADOPTION} Amendments This policy has not been amended TABLE OF CONTENTS 1.0 PURPOSE _________________________________________________________ 37 2.0 RELEVANT LEGISLATION / REFERENCES ______________________________ 37 3.0 INTRODUCTION ____________________________________________________ 37 4.0 KEY ROLES / RESPONSIBILITIES______________________________________ 37 5.0 NON SMOKING POLICY ______________________________________________ 37 6.0 CONSEQUENCES OF BREACH OF POLICY______________________________ 38 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 37 OF 100 ________________________________________________________________________________ POLICY DETAIL: 1.0 PURPOSE The purpose of this policy is to ensure the Gladstone Regional Council maintains a smoke free working environment. This policy applies to all employees of the Gladstone Regional Council and visitors including, contractors, volunteers, work experience students, trainees and clients. 2.0 RELEVANT LEGISLATION / REFERENCES • Tobacco and Other Smoking Products Act 1998. • Tobacco and Other Smoking Products Regulation 1998. 3.0 INTRODUCTION Gladstone Regional Council recognises the negative impact of smoking on the health of the individual and the rights of people to be protected from the dangers of passive smoking. It is acknowledged that the individual has the right to choose whether or not to smoke, providing this does not constitute a risk to others or contravene safety provisions or reduce the employee’s productivity. Passive smoking – means the inhalation by any person of air contaminated by tobacco smoke. 4.0 KEY ROLES / RESPONSIBILITIES It is all employee’s responsibility not to smoke in the work environment (including vehicles). Specific responsibilities for reporting smoking is delegated to relevant mangers, supervisors, WHSOs, WHSRs and staff as identified. 5.0 NON SMOKING POLICY Gladstone Regional Council is committed to providing a safe and healthy work environment for all employees, clients and contractors. Smoking is therefore prohibited in all buildings, office areas enclosed work areas and plant, machinery and vehicles, which are designated non-smoking areas. 5.1 • • • • • • • • • Designated non-smoking areas include: Office, Conference and Training areas Lunch rooms, Cafeterias, Recreation areas and Crib rooms Social Club buildings Administration and Library buildings Community Centres Rural Transaction Centres Workshop and Store Complexes Storage facilities Basement areas GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 38 OF 100 ________________________________________________________________________________ • Enclosed car parks • All Confined Spaces including: o Stairwells o Fire escapes o Lifts o Toilets All Gladstone Regional Council plant, machinery and vehicles (including Council vehicles utilised for private use). Not within four metres of any entry door or air intake system. • • 5.2 Signage ‘No Smoking’ signs will be displayed to show that smoking is prohibited in buildings and vehicles. Employees, visitors, clients and contractors must not be put in a position where they may be exposed to the effects of passive smoking. 5.3 Smoke Alarms Smoke alarms are installed in workplaces to alert employees of a fire. Tobacco smoke will set off these alarms. 5.4 Quit Smoking Program Gladstone Regional Council is prepared to offer an appropriate employer funded ‘quit smoking’ program to employees indicating an interest in such a program. This will include an amount up to $150.00 reimbursement on presentation of a medical certificate detailing that the individual is undergoing treatment to quit smoking and prescription details. This is to be arranged in liaison with the OH&S Services staff. In offering this service it is Gladstone Regional Council’s ultimate aim to have a completely Smoke Free work environment. 5.5 Smoke Breaks Employees are encouraged to limit smoking to the designated lunch and morning/afternoon tea breaks. Any smoking during work time must not reduce the employee’s productivity. 6.0 CONSEQUENCES OF BREACH OF PROCEDURE Any employee failing to comply with the requirements of this policy may be subject to disciplinary action in accordance with Gladstone Regional Council’s disciplinary procedures. ………………………………………… GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 39 OF 100 ________________________________________________________________________________ ADDENDUM 4 Gladstone Regional Council Policy Topic CODE OF CONDUCT FOR EMPLOYEES Policy Number Department CORPORATE SERVICES Statutory Authority PUBLIC SECTOR ETHICS ACT 1994 Date of Adoption Resolution No. Amendments This policy has not been amended POLICY DETAIL: INTRODUCTION Working in local government involves a position of trust. Within the Gladstone Regional Council, we are all responsible for administering substantial public resources. Moreover, the decisions we make can have significant effects on the lives of the residents of the Gladstone Region and the image/perceptions of our organisation and the local government industry in our communities. The Council’s reputation depends upon the conduct of all of us in carrying out our duties in a professional and responsible manner. How we use our official positions, our powers and the resources available to us are the central concerns of the Code. The purpose of the Code is to provide us with a framework for our ethical behaviour, actions and decisions - to help us all know what standard is expected. The Code applies to every person employed by the Council. Employees should make consultants and contractors of the Council aware of the Code and its contents and whenever possible, encourage them to observe the standards set out in the Code. COMPLYING WITH THE CODE Under the Public Sector Ethics Act 1994 the Chief Executive Officer is responsible for ensuring that the Code is made available to everyone employed by the Council, together with appropriate education and training in public sector ethics. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 40 OF 100 ________________________________________________________________________________ The Code has been developed to create an appropriate framework for ethical conduct, and to give us as individuals the understanding and tools to do what is expected of us as employees of the Council. As such, we are responsible for our own actions and for ensuring that the requirements of the Code are complied with. WHY DO WE NEED A CODE OF CONDUCT? The Council is made up of individuals from a variety of backgrounds. Each of us has our own set of experiences and expectations, which can often influence our own views of what is right and proper. Sometimes we are called upon to make decisions or implement policy in circumstances in which our personal values and beliefs, or our individual interests, may be in conflict with Council policy. We are also required to recommend courses of action in matters involving conflicting interests, or competing views about what “the public interest” requires. In many cases, deciding what is the right thing to do can involve quite difficult and delicate judgments. To ensure that consistent standards and approaches are adopted in our actions, and that other views are considered, Council’s Code is designed to provide common guiding principles and standards of behaviour. Ethics are the principles that help determine the choices and decisions we make - especially in cases where no specific rule exists, or where there may be conflicting interests or opinions. Employees will give a commitment to improving the profile and visible productivity of the Gladstone Regional Council particularly through an awareness by employees that the general perception of local government, Gladstone Regional Council can always be improved and that they have an important role to play in improving this in our local communities. TO WHOM DOES THE CODE APPLY? The Code applies to all permanent, temporary, casual, part-time and job share employees of Gladstone Regional Council regardless of level of seniority. Any other persons who may be engaged to undertake activities or control resources on behalf of the Council also need to be aware of the requirements of the Code. WHEN DOES THE CODE APPLY? The Code is concerned with our conduct as public officials and behaviour as individuals at work and outside the workplace where particular behaviour may be directly related to our employment and Council activities and in other circumstances where our actions may impact upon the reputation and activities of the Council. RELATIONSHIPS TO THE PUBLIC SECTION ETHICS ACT 1994 The Public Sector Ethics Act 1994 was introduced on 1 December 1994. Under the Act, each public sector agency is required to develop and implement a Code of Conduct. The Code must be consistent with the five ethics principles declared by the Act as the basis of good public administration. These are: • Respect for the Law and the System of Government; • Respect for Persons; GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 41 OF 100 ________________________________________________________________________________ • • • Integrity; Diligence; and Economy and Efficiency. From these core principles, ethics obligations have been derived upon which Codes of Conduct are to be based. PUBLIC SECTOR ETHICS PRINCIPLES AND OBLIGATIONS The Council’s application of the public sector ethics principles and obligations are detailed within the Code. There may be situations, however, which are not explicitly addressed by the Code. For this reason the principles and obligations are reproduced here in a format consistent with the way they appear in the Act - to allow us to refer to them for further guidance when necessary: Ethics Principle 1: Respect for the Law and System of Government Obligation: A public official should uphold the laws of Local, State and Commonwealth Governments, and carry out official public sector decisions and policies faithfully and impartially. This (obligation) does not detract from a public official’s duty to act independently of government if the official’s independence is required by legislation or government policy, or is a customary feature of the official’s work. The obligations flowing from this principle assume a system of responsible parliamentary Government, the convention of Local Government responsibility and accountability and the rule of law. (a) Observe the Law Public officials are expected to uphold the laws of Queensland and Australia. Accordingly, they must show respect for the laws of the Commonwealth of Australia and the State of Queensland and the system of Government in general and comply with local laws, subordinate local laws or Council policies as adopted by the Council. (b) The Team Approach For the system of Local Government to operate effectively and efficiently, public officials should work together as a team in providing services to the community that maximize the limited resources available to provide those services. It is vital that Councillors and Employees are united in serving the community, based on loyalty, commitment and strength of trust between them. Councillors should seek, fully consider, and challenge where necessary, the professional advice offered by Council employees and finally be prepared to accept the responsibility that follows from decisions made by Council as a collective body. Conversely, employees of the Council have a reciprocal responsibility to carry out their duties in a diligent, courteous, professional and scrupulously honest way and to respect the position held by Councillors in our democratic society. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 42 OF 100 ________________________________________________________________________________ (c) Notification of Criminal Charges Employees should notify their supervisor or Chief Executive Officer if they have been charged with, or convicted of any criminal offence which may have implications on their work performance or attendance. The outcome would depend on the individual circumstances of the case and on the nature of the charge or conviction and relevance to the position held. Ethics Principle 2: Respect for Persons Obligation: A public official should treat members of the public and other public officials honestly and fairly, and with proper regard for their rights and obligations. A public official shall act responsibly in performing official duties. The obligations associated with this principle are that public officials carry out their duties with respect for the rights, well being and the views of others. Issues in this regard include: • avoiding favouritism; • principles of fairness and equity are observed; • avoiding behaviour which is harassing or discriminatory; • responses are made in a timely manner; • individual rights are respected; • respect for cultural differences; • due cognizance of health and safety issues; • maintaining of professional relationships; • observe procedural fairness or natural justice in decision making; and • respect confidentiality. Ethics Principle 3: Integrity Obligation: In recognition that public office involves a public trust, a public official should seek (a) to maintain and enhance public confidence in the integrity of public administration; and (b) to advance the common good of the community the official serves. Having regard to (that obligation), a public official a) should not improperly use his or her official powers or position, or allow them to be improperly used; and b) should ensure that any conflict that may arise between the official’s personal interests and official duties is resolved in favour of the public interest; and c) should disclose fraud, corruption, and maladministration of which the official becomes aware. Integrity involves recognition of the position of trust the community bestows upon public officials and acting accordingly. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 43 OF 100 ________________________________________________________________________________ Public officials must: 1. Conduct themselves in a manner which will maintain and strengthen the public’s trust and confidence in the integrity of the Council, ensuring that their actions do not detract from the integrity of the Council and avoiding any action which may diminish its standing authority or dignity. 2. Ensure that they do not harass or intimidate their fellow public officials or members of the public in the course of their duties. Conflict of Interest Where a public official becomes aware of a conflict of interest or a potential conflict of interest, they should declare such interest: • in the case of the Chief Executive Officer to the Mayor and/or Council as appropriate; or • in the case of any member of staff to the Chief Executive Officer or Supervisor as appropriate. Public officials must take steps to avoid, resolve or disclose any conflicts of interest arising in a way that protects the public interest, and ensure that conflicts of interest are managed in an open and transparent manner. Gifts Public Officials should not ask for, encourage or accept any form of personal benefit or gift for themselves or their family in connection with their official duties other than formally approved remuneration or benefits. The exception to this rule are gifts presented upon retirement and/or when a gift or benefit is of a token or nominal value only and is unsolicited. For this purpose, gifts or benefits of an assessed value of less than $100.00 may be regarded as token, for example meal, wine, spirits, tickets to sporting events, theatre tickets. The acid test is that gifts or benefits of any value should not be accepted if they could bring the Council’s integrity or impartiality into question. All instances of attempted “bribes” should be reported to Council or the Chief Executive Officer as appropriate and all gifts other than token gifts become the property of Council, who by resolution, shall deal with each case on an individual basis. Confidentiality Issues Public officials should not advance a private interest by the use of confidential information gained in the course of public or professional duty and must treat confidential reports and discussions of Committee and Council as strictly confidential. The release of information to the public should be made via the appropriate authorised channels. In addition, Council employees who are senior enough to be identified by the public as such should be aware that any party political, public speaking or trade union activity can give rise to perceived conflicts of interest or loyalties (this is not to discourage union membership please refer to Gladstone Regional Council Certified Agreement Clause 9.1). Accordingly, such activities should be undertaken with due caution and regard to any potential conflicts. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 44 OF 100 ________________________________________________________________________________ Cronyism and Nepotism In order to maintain and enhance public confidence in the integrity of public administration, it is essential that all public officials use their official powers or position properly. It is quite improper to show favouritism to business associates, family, relatives, close friends or companions in providing jobs, privileges, the rewarding of work or contracts, and any other benefit or consideration that is not equally available to all others. At all times, the principles of equal opportunity and merit must be followed. Disclosure of Fraud and Maladministration Public officials at all levels are expected to observe the highest standards of ethical, personal and professional conduct. A public official who knows or has good reason to suspect any fraudulent, corrupt, criminal or unethical conduct has an obligation to report it immediately to the appropriate authority, for example Council, the Chief Executive Officer, Police or Crime and Misconduct Commission as appropriate. Ethics Principle 4: Diligence Obligation: In performing his or her official duties, the official should exercise proper diligence, care and attention, and should seek to achieve high standards of public administration. Public officials should exercise due diligence, care and attention, and should seek to achieve the highest standards of practicable in relation to their duties and responsibilities. (a) This means a responsible work ethic based on a fair days work for a fair days pay. Other issues include professionalism and punctuality. (b) Public officials have a legal and moral duty of care which must be given due cognizance in undertaking responsibilities of the position. Ethics Principle 5: Economy and Efficiency Obligation: In performing his or her official duties, a public official should ensure that public resources are not wasted, abused, or used improperly or extravagantly. The Council endorses these public sector ethics principles and obligations, and has provided the following summary statements based upon them to guide our behaviour as employees of the Gladstone Regional Council: Public officials must ensure that public resources are not wasted, abused or used improperly or extravagantly. Use of Council’s Resources Public officials have a duty to: • avoid waste, or extravagance in the use of public resources; • not use public resources for private purposes unless such use is lawfully authorised and/or proper payment is made where appropriate; • not use or convert to their own use any property of the Council; and GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 45 OF 100 ________________________________________________________________________________ • be scrupulously honest in the use of Council resources of all kinds, both physical and human, and in accordance with any Council Policy, Award, or other recognized work practice. The following examples are designed to address some of the used “grey” areas: • where materials are set aside for a particular job and are not completely used up, the remaining material should be returned to stock for future use; • the odd photocopy or two is acceptable but large volumes are not; • a personal phone call may be made occasionally but the telephone is not to be used in connection with any private work or income producing activity; • whilst a piece of non-motorised or minor equipment may be borrowed with supervisor approval, payment would be required for use of larger equipment, for example vehicles or chainsaws. BREACHES OF THIS CODE Sanctions for officer and employees may apply if this code or any relevant law is breached. Depending on the nature of the breach, sanctions may include counseling, disciplinary action, the laying of criminal charges, and civil action. The breach of this code may also have implications and subsequent penalties for public officials under the Crime and Misconduct Act 2001. GLOSSARY In this document, the terms below have the following meanings for the purposes of the Code. Where appropriate, meanings have been adopted from relevant legislation. “benefit” Benefit includes: • property, advantage or service; • anything that is for a person’s good; • the causing of detriment; or • direct or indirect benefit, relief or abstention from direct or indirect benefit, or promise of direct or indirect benefit; and covers any gift, gratitudes, remuneration, allowances, fees, subsidies, considerations, incentives, discounts, or entry fees, memberships or loans provided under special conditions. “conflict of interest” An actual conflict of interest exists when a reasonable bystander, in possession of the relevant facts, would conclude that the person’s private interests are likely to interfere with the proper performance of their official duties. An apparent conflict of interest exists when it appears that a person’s private interests have the potential to interfere with the proper performance of their official duties. “confidential information” Confidential information includes any information or matter which revealed in a Closed Meeting of a Local Government and any matter communicated to a public official where such communication is made explicitly or implicitly in a confidential manner. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 46 OF 100 ________________________________________________________________________________ “employee” Employee includes a person who contracts to provide services to Council and a person prescribed under the Local Government Act 1993. “fraud” Fraud includes the broad range of deceitful acts that people may perform to benefit themselves or some other person at the expense of others. Fraud can be committed by officers (internal fraud) or by other people outside Council (external fraud). “harassment” Harassment shall include behaviour by a person that: • is unwelcome and unsolicited; • the person considers to be offensive, intimidating, humiliating or threatening; • a reasonable person would consider to be offensive, humiliating, intimidating or threatening; and • includes sexual harassment. “Public Official” Public Official means an employee of the Gladstone Regional Council whether employed on a permanent, temporary, part time or job share basis. ………………………………………… GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER ……./………/……… GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 47 OF 100 ________________________________________________________________________________ ADDENDUM 5 Gladstone Regional Council Policy Topic ASSET MANAGEMENT POLICY Policy Number {INSERT POLICY NUMBER} Department ASSETS & GIS Statutory Authority Date of Adoption {INSERT COUNCIL DATE OF ADOPTION} Amendments POLICY DETAIL: 1.0 Intent To set guidelines for implementing consistent asset management processes throughout Gladstone Regional Council. 2.0 Scope This policy applies to all Gladstone Regional Council Activities. 3.0 vision Gladstone Regional Council is committed to working towards implementing best Asset Management practice to: “Provide the desired level of service (function and presentation) in the most cost effective manner for present and future customers”. To achieve this Council recognises that assets must be planned, provided, maintained and GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 48 OF 100 ________________________________________________________________________________ refurbished so that they continue to meet the service delivery needs of the community and Councils operational needs. 4.0 current asset position Council manages approximately $930M worth of infrastructure assets that are essential to the delivery of services to meet the community’s needs. As a result of its long history and continued growth, these assets vary in age from those recently constructed to the many significant facilities with heritage value. In addition Council also manages and maintains a variety of community assets. Over recent years significant growth in assets has occurred further accentuating the need to ensure all assets are maintained and renewed to meet the community needs. Additional roads to the value of $35M plus the construction of new facilities such sewage treatment plant, crematorium, sports complex, expansion of the bike and footpath network and expansion to board walks along the foreshore to a value of $25M have further expanded the infrastructure network. The Council has received $22M value in contributed assets. This growth and the demands of an aging infrastructure stock means that this infrastructure needs to be continually maintained and renewed to ensure that it continues to meet the service delivery requirements of the community and its many visitors, now and for future generations. 5.0 legislative framework As part of the Council’s requirement to comply with legislation and to protect its community Council must establish a clear direction to ensure appropriate asset management practices for its asset portfolio now and into the future. Council is required to comply with the following legislation and standards in relation to Asset Management: • Accounting Regulations; o AASB 116 - Property, Plant & Equipment o AASB 5 - Non-Current Assets held for Sale and Discontinued Operations o AASB 136 - Impairment of Assets o AAS 27 - Financial Reporting by Local Governments 6.0 • The Local Government Act 1993; • Occupation Health & Safety; and • Discrimination Act. purpose of asset management policy The purpose of this policy is to provide a framework that supports the management of Council assets and provides broad corporate goals and objectives for the management of assets to ensure: GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 49 OF 100 ________________________________________________________________________________ • • • • • • • Corporate responsibility and resources are identified; Management of assets is undertaken in a structured and co-coordinated way; Risk management is considered; Financial, social and environmental sustainability; Continuous improvement in meeting service requirements; Innovative ways are sought to meet service requirements; and Legislative and regulatory requirements are achieved. The policy also ensures that asset management and the importance of managing Council’s infrastructure assets for present and future generations is clearly understood and recognised by Council and the community. The policy provides an essential framework and rationale for best practice asset management decision-making (function and standard) and informs the organisation on how it will maintain assets to meet service delivery requirements. The policy complements and builds upon Council’s Corporate Plan and provides a formal approach to asset management, principles and methodology. It provides the ability to plan for present and future generations and this is essential in achieving Council’s vision for asset management. 7.0 asset management policy Councillors, as custodians of Council assets, in accordance with the Local Government Act 1993 and any other Acts are required to: • Ensure the Council’s legal obligations are met; • Represent the community as the asset owners; and • Ensure the asset/service is maintained for the present and future at optimal lifecycle costs. • Ensure assets are planned, created, replaced and disposed of in accordance with Councils priorities for the service being delivered. And • Ensure assets are revalued within five years of their last valuation (or as otherwise specified by legislation) Council staff has a corporate responsibility to provide the correct technical and professional advice to Councillors so that they may make the best decisions on behalf of the community they represent. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 50 OF 100 ________________________________________________________________________________ 8.0 ASSET MANAGEMENT DECISION MAKING PRINCIPLES As part of Councils consideration of asset management, Council will; • As custodians of community assets and providing quality infrastructure and community facilities, Council undertakes to develop, affordable and financially sustainable asset management plans that are to industry standard or better; • In accordance with the Corporate and Financial Plans, provide quality infrastructure assets that support services that are appropriate, accessible, responsive and sustainable to the community; • Manage the infrastructure and assets in a systematic and sustainable manner; • Involve and consult with the community and key stakeholders on determining service standards; • Ensure asset information is accurate and up to date, allowing for appropriate asset planning, both in the short and long term, and for informed decision making to occur; • Manage its assets utilising a team approach using a multi discipline cross-functional asset management working group with representatives from each of the asset categories; • Allocate appropriate resources to ensure asset management practices can be undertaken and the timely maintenance and renewal of those assets so that “life cycle” costs are optimised (existing and new assets); • Provide a framework for asset revaluation where fixed assets are revalued at least once in every five years; • Provide a framework for standardizing additions to and disposal of assets from the asset register including dollar value thresholds for items to be capitialised; • Prior to consideration of any major works/renewal or improvement to an asset, undertake a critical review of the need and the “whole-of-life” cost of that asset; • Continually seek opportunities for multiple uses of assets; • Ensure that the roles and responsibilities of all asset users are well defined and understood; • Develop and implement a framework for the evaluation and prioritisation of capital projects; and • Develop and apply consistent construction standards to Council, community and developers. • Provide funds through the budget, only when the funding request has a correct and allocated corporate assetID number associated with it. 9.0 ASSET MANAGEMENT FRAMEWORK The management of Council's assets will be within the framework outlined below. The framework creates a logical structure for grouping asset management functions. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 51 OF 100 ________________________________________________________________________________ Asset Planning Asset Delivery Asset Management Asset Review Asset Planning refers to how Council responds to the service needs of the community. Asset Delivery includes the process and information to support Council's decision making. Asset Management is the series of activities, which occur once an asset is acquired. Included are: • Assessment of demand • Detailed scoping • Risk analysis • Long term outlook considered • Identify potential options Included are: • Acquisition options • Objective options analysis • Involvement of stakeholders in design • Life cycle planning Asset Review refers to the process of performance review of Council assets. Included are: 10.0 Included are: • Maintenance planning • Operations planning • Meeting legislative needs • Information collecting • Life cycle planning • Revaluation and review of asset useful life • Review fit for purpose • Review service levels • Review life cycle • Consider replacement • Refurbishment or disposal APPLICATION This policy applies to Council, Councillors, Executive Management, Staff, Committees of Management, Asset Management Team and the Community involved in the operations, maintenance, refurbishment, renewal, upgrading and development of Council’s existing and new infrastructure assets. 11.0 ASSET MANAGEMENT ROLES & RESPONSIBILITIES To achieve this policy the following key roles and responsibilities and commitments have been identified: Councillors • • • • To act as stewards for infrastructure assets; To set corporate Asset Management Policy and vision with linkage to the Corporate Plan; To set levels of service, risk and cost standards; Approve and review Asset Management Plans and monitor the outcomes; GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 52 OF 100 ________________________________________________________________________________ • To ensure appropriate resources and funding for asset management activities are made available to integrate Asset Management Policies, Asset Management Strategies and Asset Management Plans into the corporate governance framework; Provide consistent and transparent decision making based on adopted criteria; and To provide an advocacy role with State and Federal Governments and the community. • • Chief Executive and Senior Management Group (SMG) • • • • • • • • • • • To continually promote asset management across the Council and with the community; To validate and challenge proposals to ensure they meet the Corporate Plan objectives and community service needs; To develop and continue to refine the “overarching” asset management policy and asset management strategy with linkage to the Corporate Plan for consideration by Council; To foster and support the multi discipline cross functional Asset Management Working Group; To monitor the performance of the staff in implementing asset management; To ensure the community and key stakeholder's inputs are integrated into Asset Management Plans; To ensure that there is an Asset Management Team leader dedicated only to asset management coordination, ensuring asset management functions are being carried out in a timely fashion throughout Council; To ensure that there is a appropriate level of staff to carry out the required asset management tasks without impacting adversely on the workload of existing staff; To ensure staff are appropriately trained and skilled to perform the required asset management functions; To ensure that accurate and reliable information is presented to Council for decisionmaking; and To provide effective communication between staff, Council and the community. Asset Management Working Group / Managers / Asset Officers and Staff • • • • • Develop and implement appropriate asset management strategies; To develop, implement and review asset management plans and strategies using the International Infrastructure Management Manual as a guide, documenting required allocation of funding and improvement plans for individual asset groups, using the principles of lifecycle analysis; Continually seek innovative ways to meet service needs; Continually review Asset Management Policy, strategies, and asset management plans; In consultation with the community and key stakeholders identify asset management "levels of service" for Council approval; GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 53 OF 100 ________________________________________________________________________________ • • • • • • 12.0 In accordance with Council approved service levels deliver “levels of service” to agreed risk and cost standards; Ensure efficient and effective use of Council funds and optimising “life cycle” cost of all assets; To provide effective communication between staff and senior management; To develop and implement maintenance, refurbishment and capital works (refurbishment/renewal), programs in accordance with asset management plans and report to senior management and Council; To develop and implement procedures that ensure that a single asset database is maintained and updated, providing required reports to Council to meet their statutory and legal responsibilities; and Promote and raise awareness of asset management to the Council, staff, users and the community. IMPLEMENTATION & REVIEW Review of this Policy will take place annually. The annual review will incorporate: • • Audit and review of Asset Management Implementation and Improvement Plans as set out in the Asset Management Strategy; and Review the Asset Management Implementation Strategy. The Senior Management Group shall also review compliance to this Policy on an on-going basis and report to Council on an annual basis. GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 54 OF 100 ________________________________________________________________________________ ADDENDUM 6 Gladstone Regional Council Policy Topic STAFF RECOGNITION POLICY Policy Number {INSERT POLICY NUMBER} Department CORPORATE SERVICES Statutory Authority {INSERT STATUTORY AUTHORITY} Date of Adoption 5 MAY 2009 Resolution No. {INSERT RESOLUTION NUMBER AFTER COUNCIL ADOPTION} Amendments This policy has not been amended POLICY DETAIL: OBJECTIVES This policy aims to promote the recognition of employees for their service and contribution to Gladstone Regional Council. SCOPE This policy will apply to all employees of Council, including part time and casual employees who achieve aggregate hours of continuous employment equivalent to a minimum of ten years service and thereafter with recognition at five year intervals. Council’s Human Resources Department will organise the presentation and gifts for the relevant employees according to the below. RECOGNITION OF YEARS OF SERVICE After completing the relevant number of years’ service with Council, Council will present a gift to the Employee of the value specified in the Schedule below (this gift where possible will be of the employee’s choice). GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 55 OF 100 ________________________________________________________________________________ NUMBER OF COMPLETED YEARS OF SERVICE WITH COUNCIL After 10 Years of Service After 15 Years of Service After 20 Years of Service After 25 Years of Service After 30 Years of Service After 35 Years of Service After each period of 5 years thereafter VALUE Up to and including $150 Up to and including $220 Up to and including $290 Up to and including $360 Up to and including $430 Up to and including $500 Up to and including $500 For the purpose of calculating an employee’s ‘years of service’ for the above the years of service used for calculating an employee’s long service leave entitlement shall apply, except that service with any other employer shall not be counted. Presentations will be conducted at least twice a year ensuring to avoid the months of December and January as not to coincide with the peak holiday period. The manner in which these presentations are conducted will be approved by the Chief Executive Officer. PRESENTATION ON RETIREMENT OR RESIGNATION 1. Council will make a presentation to any Employee retiring from the service of Council on a proportionate basis based on the above Schedule. 2. Upon any Employee resigning from Council service (other than retirement), Council may at its discretion consider whether a presentation is warranted. The Mayor is authorised to make a decision for Council as and when he deems it appropriate. ………………………………………… GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 56 OF 100 ________________________________________________________________________________ ADDENDUM 7 Gladstone Regional Council Policy Topic GLADSTONE STATE EMERGENCY SERVICE – FUNDING ARRANGEMENTS Policy Number Department CORPORATE SERVICES Statutory Authority DISASTER MANAGEMENT ACT 2003 Date of Adoption Resolution Number Amendments This policy has not been amended POLICY DETAIL: 1. BACKGROUND: 1.1. A formal framework for the management and support of the State Emergency Service Units and Groups within the Gladstone Regional Council area is required. 1.2. As part of this framework it is necessary that a policy regarding the funding arrangements for the State Emergency Service is developed and implemented. 1.3. Given that funding for the State Emergency Service is sourced from: • • • • • 1.4. the State Government, through the Department of Community Safety, and in particular Emergency Management Queensland, through: the SES Recurrent Subsidy Program; the SES Non-Recurrent Subsidy Program Local Government through budget allocation, whether this be as a donation or as project/program funding; allocations resulting from submissions to the Gaming Community Benefit Fund and like organisations; donations from the community and/or organisations within the community; and/or fund raising activities by each SES Group's various Support Groups or Social Clubs; In today's climate it is unreasonable to expect volunteers to fundraise in order to provide an emergency service (in its entirety), particularly given the statutory training, and subsequent administrative requirements pertaining to SES volunteers. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 57 OF 100 ________________________________________________________________________________ 1.5. SES volunteers are required to train in a number of different skills as they provide emergency and disaster support to a variety of organisations and the community. In delivering these services they are often impacted financially through lost wages and payment of costs to enable them to assist, not only in their own communities but often at other locations in the state (e.g. Cairns – TC Larry, Emerald for flooding, Brisbane & Blackwater for storm damage), and indeed inter-state as evidenced by the storms and flooding in the Hunter Valley region of New South Wales during 2007. 1.6. The Disaster Management Act 2003 states in Section 80 that a function of local government is to ensure it has a disaster response capability. A "disaster response capability", for a local government, means the ability to provide equipment and a suitable number of persons, using the resources available to the local government, to effectively deal with, or help another entity to deal with, an emergency situation or a disaster in the local government's area. 1.7. The State Emergency Service forms a significant part of this disaster response capability. 2. PROCESS: 2.1. That the GRC SES Management Group meets in May of each year to determine budget requirements, and funding allocations from the reserve fund, for the following financial year. 2.2. That the GRC SES Management Group meets again as required to reconsider applications should there be unallocated funds or should some projects be deferred. 2.3. That each SES Group be funded with a base amount per annum as an operational budget for costs associated with electricity, telephone, fuel, stationery, minor training activities and minor maintenance/repair to equipment. 2.4. That the Unit management component also be provided with a base funding amount to provide for travel, Unit management meetings, Unit conducted training activities/exercises and other associated costs. 2.5. That the Unit Management funding component of the overall SES budget allocation be provided to the Local Controller for management. 2.6. That this base funding is reviewed annually and amounts amended as determined. Such amendment may represent an increase or a decrease in base funding allocation on an individual Group basis. 2.7. That the Local Controller is paid an honorarium in recognition of the time and effort required in managing a SES Unit in the current and evolving environment. 2.8. That a monetary reserve of a specified amount be provided to fund specific projects, minor equipment acquisitions and minor upgrades to facilities or similar matters. 2.9. That 20% of the reserve fund is held to cover operational costs not claimable through NDRRA or other means. Such funds to be available for allocation in accordance with 2.1 above at the May meeting of the GRC SES Management Group. 2.10. That each SES Group provides a funding submission, with supporting justification, to the SES Local Controller with regard to applying for access to this reserve fund. 2.11. Ideally, funding submissions should include: • updated details of 3-5 year operational and/or development plans for the progress of the Group; GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 58 OF 100 ________________________________________________________________________________ • • • details of past operational activities; details of active membership, training activities and other data; and justification of various items within the submission. 2.12. That, where a special allocation has been provided to a SES Group, the SES Group is to provide a financial report to demonstrate the appropriate use of such funding allocation. 2.13. These reports are to be submitted to the SES Local Controller and the Gladstone Regional Council by the end of April each year. 2.14. Council will support capital costs such as vehicles, buildings, significant equipment acquisitions (specialised or not) and/or significant upgrades/repairs to buildings. 2.15. This "capital" funding is to be considered in conjunction with the SES Non-Recurrent Subsidies Program delivered by the State Government and administered by Emergency Management Queensland. 2.16. As acquisitions of this nature incur significant cost, unused amounts are to be carried over to subsequent years. 2.17. Applications for such acquisitions are to be submitted to Council two months prior to the closing date of applications to EMQ to allow council submissions to be prepared and lodged. 2.18. That the SES Annual Budget also include funding for: • • a vehicle maintenance and repair program; and a building and equipment maintenance and repair program 2.19. The term "vehicles" includes passenger vehicles, trucks, light commercials, rescue trailers, boat trailers and flood boats. 2.20. Any unused moneys in the SES fund at the 30 June will be carried over to the following financial year. 2.21. That the SES Fund be reimbursed in each budget to ensure the continuation of these funding arrangements. 3. POLICY REVIEW: 3.1. This policy is to be reviewed annually by the GRC SES Management Group and if amendments are necessary, these amendments to be submitted to a meeting of the Gladstone Regional Council for approval and adoption. ………………………………………… GRAEME KANOFSKI CHIEF EXECUTIVE OFFICER ………./………./………. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 59 OF 100 ________________________________________________________________________________ ADDENDUM 8 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 60 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 61 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 62 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 63 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 64 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL 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________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 84 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 85 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 86 OF 100 ________________________________________________________________________________ ADDENDUM 9 GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 87 OF 100 ________________________________________________________________________________ GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 88 OF 100 ________________________________________________________________________________ ADDENDUM 10 4.8.3 DEVELOPMENT APPLICATION 09/0018 MATERIAL CHANGE OF USE, TEMPORARY CONCRETE BATCHING PLANT 18 BAKER ROAD, CALLIOPE Application Number: Applicant: Owner: Date Of Receipt: Location: RPD: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: DA09/0018 (Calliope) J & J Earthmoving Jason John Cheers 6 April, 2009 18 Baker Road, Calliope. Lot 1 on RP601684, Parish of East Stowe 6.497 ha Rural dwelling Rural Material Change of Use - Environmentally Relevant Activity for Concrete Batching Plant 12 Week Temporary Use for Concrete Batching Plant Not applicable 1. No permanent structures are to be erected upon the site in the establishment of the temporary use. 2. This development permit is restricted to being utilised within 12 months of the date of this approval. The Developer is required to advise Council in writing of the commencement date of the temporary use and arrange a pre-start meeting with relevant Council representatives. 3. The Developer is responsible for all costs associated with repair of any damage to Baker Road from the site entrance to its intersection with Taragoola Road during the duration of the temporary use. 4. Prior to the commencement of the use, the Developer is required to lodge a $14,250 monetary bond with Council to cover potential road surface damage. This bond shall be returned upon confirmation by Council officers of compliance with Condition 3 above. Following the completion of the twelve (12) week operating period the road will be inspected by Council officers and an assessment done of any damage incurred to the road. Permits will be required by Council in order for the developer to undertake reinstatement works within the road reserve. If reinstatement works are not undertaken by the Developer, Council will take up the monetary bond and undertake the necessary works to reinstate the road. 5. Upon completion of the twelve (12) week operation period, all machinery and structures associated with the use shall be removed from the site. 6. The developer is to provide a sealed driveway access to accommodate the turning movements of vehicles utilising the site including additional shoulder widening opposite the access point. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 89 OF 100 ________________________________________________________________________________ CONDITIONS FOR ENVIRONMENTALLY RELEVANT ACTIVITY SCHEDULE A - GENERAL CONDITIONS A1 In carrying out the environmentally relevant activity, all reasonable and practical measures are to be taken to minimise releases and the likelihood of releases of contaminants to the environment, except as otherwise provided by the conditions of this development approval. A2 The holder of this development approval must: (a) install and operate all works and control equipment, and (b) take all measures, perform all acts and do all things, necessary to ensure compliance with the conditions of this development approval. A3 A copy of the conditions of this development approval is to be kept on site and available for inspection when requested by an authorised officer. A4 Notwithstanding any other condition of this development approval, this development approval does not authorise any release of contaminants that causes or is likely to cause an environmental nuisance beyond the boundaries of the registered place. A5 Any records required to be held as a condition of this development approval must be kept at the site to which this development approval relates for a period of at least five years and be made available for examination by an authorised person upon request. The record retention requirements for this condition will be satisfied if any daily and weekly records are kept for a period of at least three years and these records are then kept in the form of annual summaries after that period. END OF SCHEDULE A SCHEDULE B - AIR B1 No incineration or open burning shall be conducted on site. B2 The environmentally relevant activity must be carried out by such practicable means necessary to prevent the emission of fumes, odours, dust or other airborne contaminants capable of causing environmental harm (including environmental nuisance). B3 Delivery and storage bins must be either of the drive-over in-ground type or be of the three-sided reverse delivery type. B4 Above ground sand and aggregate stockpiles must be enclosed on three sides. Stockpile must remain 500mm inside the open end of the stockpile enclosure. Stockpile height must not exceed a height 500mm less than the wall height of the stockpile enclosure. B5 The storage bays shall have misting water sprays installed to enable direct water spray across the entire surface area of the stored materials, unless otherwise approved. The materials shall be maintained in a damp state before loading from end loader (or conveyor). GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 90 OF 100 ________________________________________________________________________________ B6 B7 Raw materials must be delivered to the site in covered transport vehicles. Raw material must be transported in a damp condition or in sealed containers. Conveyors must be roofed and be enclosed on at least one side. Conveyors must be enclosed by walls that are at least 500mm in height. Conveyors must be fitted with spill trays and belt scraping devices. B8 Establish, implement and maintain procedures: (a) to ensure equipment design and site practices on the premises minimise material drop heights. (b) for cleaning conveyors and conveyor spill trays. Materials collected by belt scraping devices must be collected and returned to raw material stockpiles. (c) to ensure loading of fine aggregate precedes the loading of coarse aggregate at all times. (d) for minimising visible dust emissions from the premises. Visible dust must be suppressed immediately with the implementation of dust control measures such as sweeping, hosing down, using water sprays or by applying purpose made organic dust-binding agents. B9 Waste oil and other waste materials and chemicals must not be used as dust suppressants. B10 Always use filters when venting silos to the atmosphere. Do not operate silo filters in excess of the manufacturers’ specifications and rated capacity. B11 Fabric filters, dust collectors, extraction systems and cyclones must be maintained in a good working order in accordance with manufacturer's specifications and in such a manner as to prevent any unreasonable release of contaminants to air. B12 The vehicle manoeuvring areas of the premises must be sealed, and regularly swept to avoid the build up of dust. Vehicle speeds must be kept below 20kph on site. Barriers with kerbs and posts must be erected to discourage vehicular movement on unsealed areas. B13 Front end loader batching plants must incorporate roofed weigh bins enclosed on three sides. END OF SCHEDULE B SCHEDULE C - WATER C1 Wastewater and other liquid shall be disposed of by one or more of the following measures: (a) Retention in the settlement pond and then removal to an approved treatment facility. (b) The operator must comply with the conditions of an approval to transport to an approved hazardous waste facility. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 91 OF 100 ________________________________________________________________________________ (c) C2 Separation of hydrocarbons and solids and re-use of the liquid. Wastewater and other liquid and solid waste shall not be discharged or released to waters. END OF SCHEDULE C SCHEDULE D - STORMWATER MANAGEMENT D1 Contaminants must not be directly or indirectly released from the licensed place to any waters or stormwater. D2 Oils, greases, solvents and degreasers and any other such liquids shall be stored in a covered area so as not to contaminate stormwater. D3 The activity shall not be conducted in a manner that may cause the contamination of surface stormwater run-off. D4 Waste oil, oil filters, discarded parts, tyres, batteries etc shall be stored in a bunded and covered area. D5 Delivery and storage bins must be either: D6 (a) roofed and bunded in such a manner as to prevent the ingress of stormwater and direct the drainage of wastewaters used for stockpile dampening to a suitable wastewater holding pond / tank for treatment, recycling and/or disposal; or (b) bunded in such a manner as to direct the drainage of rainwater and wastewaters used for stockpile dampening to a suitable wastewater holding tank for treatment, recycling and/or disposal. Stockpiles must be covered while the site is not manned or during long period of low aggregate usage. Stockpile covers must be located in readily accessible storage areas. Contaminated areas such as areas used for aggregate stockpiles, silos, vehicle manoeuvring, loading, unloading, waste and waste water treatment and recycling and raw material handling and transfer areas must be either: (a) roofed and bunded; or (b) bunded and drained to a first flush holding tank. The first flush holding tank must be capable of containing the first 20mm of rainfall and any additional contaminated runoff water from hosing and material dampening procedures on contaminated areas of the site. D7 Contaminated areas and potentially contaminated areas must be constructed of impervious materials and be bunded, roofed and drained in a manner to contain and drain all wastewaters to treatment and prevent the ingress of stormwater and the release of wastewaters and contaminated stormwater to the stormwater system, soil, groundwater, and surrounding land uses. END OF SCHEDULE D GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 92 OF 100 ________________________________________________________________________________ SCHEDULE E - LAND APPLICATION E1 Solid and liquid wastes must not be buried or otherwise disposed of on the premises. END OF SCHEDULE E SCHEDULE F - NOISE F1 The environmentally relevant activity must be carried out by such practicable means necessary to prevent the emission of noise that constitutes environmental nuisance. F2 Noise emitted from the licensed place must not result in levels greater than those specified in Table 1. Noise Level at a Noise Sensitive Place Measured as the Adjusted Maximum Sound Pressure Level L (Amax adjT) Background noise level plus 5 dB(A) Background noise level plus 5 dB (A) Background noise level plus 3 dB (A) Noise Limits at a Commercial Place Measured as the Adjusted Maximum Sound Pressure Level L ( Amax adjT) Background noise level plus 10 dB(A) Background noise level plus 10 dB(A) Background noise level plus 8 dB(A) Period 7 am - 6 pm 6 pm - 10 pm 10 pm - 7 am Period 7 am - 6 pm 6 pm - 10 pm 10 pm - 7 am (TABLE 1) F3 Plant, equipment and tools must be attenuated, partitioned, muffled and/or enclosed in a manner to achieve acceptable noise levels in accordance with this approval. F4 All vibrating equipment must be mounted on vibration isolating platforms or subjected to other suitable vibration reduction measures appropriate to the plant, equipment or tool. F5 As a minimum, plant, equipment and tools must be maintained and serviced in accordance with manufacturer’s recommendations or any written request by an authorised officer of Council. F6 The use of telephone repeater bells, sirens or other audible devices is discouraged. END OF SCHEDULE F SCHEDULE G - WASTE MANAGEMENT G1 Where waste is a contaminant, the holder of the development approval must not release waste to the environment that will or may cause environmental harm or nuisance. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 93 OF 100 ________________________________________________________________________________ G2 All solid waste shall be removed to an approved waste disposal facility by a licensed waste transporter. END OF SCHEDULE G SCHEDULE H - MONITORING AND REPORTING H1 All complaints received by the holder of this development approval relating to releases of contaminants from the environmentally relevant activity must be recorded and kept in a log book with the following details: (i) (ii) (iii) (iv) (v) (vi) time, date and nature of complaint; type of communication (telephone, letter, personal etc.); name, contact address and contact telephone number of complainant (note: if the complainant does not wish to be identified then "Not identified" is to be recorded); response and investigation undertaken as a result of the complaint; name of person responsible for investigating complaint; and action taken as a result of the complaint investigation and signature of responsible person. H2 As soon as practicable after becoming aware of any emergency or incident which results in the release of contaminants not in accordance, or reasonably expected to be not in accordance with the conditions of this development approval, the holder of the registration certificate to which this development approval relates, must notify the administering authority of the release by telephone or facsimile. H3 The notification of emergencies or incidents as required by condition H2 must include but not be limited to the following: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) H4 the operator of the activity to which this development approval relates; the location of the emergency or incident; the name and telephone number of the designated contact person; the time of the release; the time the holder of the registration certificate became aware of the release; the suspected cause of the release; the environmental harm and or environmental nuisance caused, threatened, or suspected to be caused by the release; and actions taken to prevent further any release and mitigate any environmental harm and/or environmental nuisance caused by the release. Not more than 14 days following the initial notification of an emergency or incident, the holder of the registration certificate to which the development approval applies, must provide written advice of the information supplied in accordance with condition number H3 in addition to: (i) proposed actions to prevent a recurrence of the emergency or incident; (ii) outcomes of actions taken at the time to prevent or minimise environmental harm and or environmental nuisance; and (iii) the results of any environmental monitoring performed. END OF SCHEDULE H GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 94 OF 100 ________________________________________________________________________________ SCHEDULE I - DEFINITIONS I1 I2 For the purposes of this development approval the following definitions apply: (a) "L(Amax adj, T)" means the average maximum A- weighted sound pressure level, adjusted for noise character and measured over a time period of not less than 15 minutes, using Fast response (b) "commercial place" means a place used as an office or for business or commercial purposes. (c) "noise sensitive place" means a) a dwelling, mobile home or caravan park, residential marina or other residential premises; or b) a motel, hotel or hostel; or c) a kindergarten, school, university or other educational institution; or d) a medical centre or hospital; or e) a protected area ; or f) a park or gardens. For the purposes of this development approval any term not otherwise defined in the Environmental Protection Act 1994, and the Integrated Planning Act 1997 and any subordinate legislation made pursuant to these Acts or in the Definitions Schedule of this development approval has the meaning conferred to that term in its common usage. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 95 OF 100 ________________________________________________________________________________ ADDENDUM 11 4.8.7 DEVELOPMENT APPLICATION 09/0008 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – FITZROY CRESCENT, AGNES WATER Application Number: Applicant: Owner: Date Of Receipt: Location: RPD: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: Number Of Submissions: 1. Miriam Vale MCU 09/0008 Gary Scott Gary Andrew James & Heidi Sylvia Marcel 17 April 2009 Fitzroy Crescent, Agnes Water Lot 64 RP619986 1.449 hectares Vacant Rural Character Relocatable Dwelling Not Applicable (Code Assessable) Not Applicable (Code Assessable) The development shall be carried out in accordance with the following approved plans, and with any modifications required by conditions of this permit. Title: Prepared By: Drawing No: Dated: Site plan Ryan-Andrews & Associates Ryan-Andrews & Associates Ryan-Andrews & Associates Page 1 of 8 3/2009 Page 2 of 8 3/2009 Page 4 of 8 3/2009 Floor Plan Elevations 2. All external works are to be completed to Council's satisfaction within six months of the resiting. As per the applicant's written statement of work provided at the lodgement of the application, the following is to be undertaken at the two, four and six month periods, and prior to a certificate of occupancy being issued: 2 months: Re-stump house Install septic tank Replace roof 4 months: Install rainwater tanks Concrete laundry and water tank base Replace windows Repaint exterior of house 6 months: Connect power to house & re-wire where required Install turf to perimeter Construct a verandah at rear of house 3. The site is to be maintained in a clean and orderly state at all times. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 96 OF 100 ________________________________________________________________________________ 4. The applicant is required to submit an assessment against the Bushfire Hazard Overlay prior to the issue of a Development Permit for Building Works. 5. A minimum of 22,000 litre rainwater storage tank is required to be installed prior to a certificate of occupancy being issued. 6. The applicant is required to obtain a Development Permit for Building and Plumbing Works in accordance with the Integrated Planning Act 1997. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. 7. All building works shall comply with the provisions of the Environmental Protection Act 1998 (as amended) in relation to all relevant matters, inter alia, noise, contaminated waste discharge and the like. 8. The building works application lodged is to be clear in terms of which licensed builder is responsible for the various components, i.e. relocation and new building works/renovations. 9. The applicant is required to submit to Council for approval a Condition Report of the dwelling to be resited prepared by a suitably qualified building and pest inspector prior to the issue of a Development Permit for Building Works. 10. The applicant is required to submit to Council for approval an engineer's certificate demonstrating that the tie down and bracing of the proposed dwelling to be resited will comply with the relevant C2 requirements prior to the issue of a Development Permit for Building Works. 11. A $20,000 bond shall be paid prior to a building permit being issued and will be refunded after the building receives a certificate of classification. 12. The applicant is to submit a plan for approval showing the route the house will take within the Gladstone Regional Council area prior to moving the house within the local authority area. 13. Any damage caused to Council or any other infrastructure will be notified to Council and repaired prior to the release of the road traffic bond (payable with building application). 14. Council approval does not give approval for the relocatable dwelling to enter or cross any other private land or reserves. 15. The applicant is required to obtain a permit to provide access to the site in accordance with Engineering Policy 3.18 - Rural Property Access Standard. 16. Any alterations necessary to electricity, telephone, stormwater drainage system or other public utility installations resulting from the development or from road and drainage works required in connection with the development is at the full cost of the applicant/owner. The capacity of any new services shall not be less than the capacity of existing services. Any proposed or required modifications to Council’s infrastructure shall be submitted to Council for approval prior to the commencement of any works on site and prior to the issue of a building permit. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 97 OF 100 ________________________________________________________________________________ 17. Any new earthworks and structures related to the development shall not concentrate or impede the natural flow of water across property boundaries and onto any other lots. Advice Notes • Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the NRW website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, Department of Natural Resources and Water. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW website www.nrw.qld.gov.au/cultural_heritage. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 98 OF 100 ________________________________________________________________________________ ADDENDUM 12 4.8.9 DEVELOPMENT APPLICATION 09/0007 MATERIAL CHANGE OF USE FOR A RELOCATABLE DWELLING – 2 STIRRAT STREET, ROSEDALE Application Number: Applicant: Owner: Date Of Receipt: Location: Area: Current Use Of Land: Zoning: Proposal: Submissions Close Date: Number Of Submissions: 1. Miriam Vale DA 09/0007 Karrina Coyne Karrina Lorraine Coyne 9 March 2009 2 Stirrat Street, Rosedale 1,012m² Vacant Low Density Residential Relocatable Dwelling Not Applicable (Code Assessable) Not Applicable (Code Assessable) The development shall be carried out in accordance with the following approved plans, and with any modifications required by conditions of this permit. Title: Prepared By: Drawing No: Dated: Site Plan ENG Consultants ENG Consultants ENG Consultants 12232 Sheet 1 of 4 12232 Sheet 2 of 4 12232 Sheet 3 of 4 March 2009 Floor Layout Elevations March 2009 March 2009 18. All external works are to be completed to Council's satisfaction within six months of the resiting. To this end, the applicant is required to provide a written statement of work to be undertaken at the two, four and six month periods, details of which are to be submitted with the Building Works application. 19. The site is to be maintained in a clean and orderly state at all times. 20. The applicant is required to submit an assessment against the Bushfire Hazard Overlay prior to the issue of a Development Permit for Building Works. 21. A minimum of 22,000 litre rainwater storage tank is required to be installed prior to a certificate of occupancy being issued. 22. A minimum of two car parking spaces are to be provided and at least one space is to be covered and sealed with sealed with a hard stand surface, i.e. bitumen or concrete. Plans demonstrating compliance shall be submitted prior to the issue of a Development Permit for Building Works. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 99 OF 100 ________________________________________________________________________________ 23. The applicant is required to obtain a Development Permit for Building and Plumbing Works in accordance with the Integrated Planning Act 1997. Construction is to comply with the Building Act 1975, the Building Code of Australia and the requirements of other relevant authorities. 24. All building works shall comply with the provisions of the Environmental Protection Act 1998 (as amended) in relation to all relevant matters, inter alia, noise, contaminated waste discharge and the like. 25. The building works application lodged is to be clear in terms of which licensed builder is responsible for the various components, i.e. relocation and new building works/renovations. 26. The applicant is required to submit to Council for approval a Condition Report of the dwelling to be resited prepared by a suitably qualified building and pest inspector prior to the issue of a Development Permit for Building Works. 27. The applicant is required to submit to Council for approval an engineer's certificate demonstrating that the tie down and bracing of the proposed dwelling to be resited will comply with the relevant C2 requirements prior to the issue of a Development Permit for Building Works. 28. A $20,000 bond shall be paid prior to a building permit being issued and will be refunded after the building receives a certificate of classification. 29. The applicant is to submit a plan for approval showing the route the house will take within the Gladstone Regional Council area prior to moving the house within the local authority area. 30. Any damage caused to Council or any other infrastructure will be notified to Council and repaired prior to the release of the road traffic bond (payable with building application). 31. Council approval does not give approval for the relocatable dwelling to enter or cross any other private land or reserves. 32. The applicant is required to obtain a permit to provide access to the site in accordance with Engineering Policy 3.19 - Residential Property Access Standard. 33. Any alterations necessary to electricity, telephone, stormwater drainage system or other public utility installations resulting from the development or from road and drainage works required in connection with the development is at the full cost of the applicant/owner. The capacity of any new services shall not be less than the capacity of existing services. Any proposed or required modifications to Council’s infrastructure shall be submitted to Council for approval prior to the commencement of any works on site and prior to the issue of a building permit. 34. Any new earthworks and structures related to the development shall not concentrate or impede the natural flow of water across property boundaries and onto any other lots. GLADSTONE REGIONAL COUNCIL GENERAL MEETING MINUTES 5 MAY 2009 PAGE 100 OF 100 ________________________________________________________________________________ Advice Notes • Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage (the “cultural heritage duty of care”). Maximum penalties for breaching the duty of care are $750,000 for a corporation and $75,000 for an individual. Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act 2003, available on the NRW website, or in accordance with an agreement with the Aboriginal party for the area or a cultural heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act 2003. Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, Department of Natural Resources and Water. Application forms to undertake a free search of the Cultural Heritage Register and the Database may be obtained by contacting the Cultural Heritage Coordination Unit on (07) 3238 3838 or on the NRW website www.nrw.qld.gov.au/cultural_heritage.