Council Meeting Agenda - 17 September 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 17 September 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 17 SEPTEMBER 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED. PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

Wednesday 17 September 2014

ORDER OF BUSINESS MEMBERS IN ATTENDANCE APOLOGIES/LEAVE OF ABSENCE/ABSENCE ON COUNCIL BUSINESS BEREAVEMENTS/CONDOLENCES DECLARATION OF ANY MATERIAL PERSONAL INTERESTS/CONFLICTS OF INTEREST CONFIRMATION OF MINUTES BUSINESS ARISING OUT OF MINUTES OF PREVIOUS MEETING CORPORATE AND COMMUNITY SERVICES 5 REGIONAL LAND USE PLANNING ............................................................................................ 5 ITEM-1 DJ Mosch - Reconfiguring a Lot - Subdivision (3 into 7 Lots) - Lot 80 & 81 on N157415 and Lot 100 on NR563 - 1734 Hodzic Road, Koah - REC/08/0053 ........... 5 ITEM-2 R J Marshall - Material Change of Use - Outdoor Sport & Entertainment Facility (Rural Farm Tours) Lot 1 on RP708707 & Lot 2 on RP711194 - 1015 Kennedy Highway, Kuranda - DA/14/0021 ............................................................................ 21 ITEM-3 Application to Lease USL - Lot 112 on HG744 & Lot 130 on SP148615, Parish of Dynes ................................................................................................................. 45 ITEM-4 Application for Renewal of Special Lease 201737 - Lot 206 on CP846868, Parish of Formartine ............................................................................................... 51 ITEM-5 Application for Conversion of Term Lease - Lot 2 on LD157, Parish of Fischerton .............................................................................................................. 57 ITEM-6 YOUCAMP.COM - Freedom Camping ................................................................... 63 GRANTS AND CORPORATE AND COMMUNITY PLANNING ................................................. 69 ITEM-7 Proposed development of Kuranda Community Precinct ........................................ 69 FINANCE .................................................................................................................................. 79 ITEM-8 Financial Statements for the Period Ending 31 August 2014 .................................. 79 INFRASTRUCTURE SERVICES .................................................................................................. 87 TECHNICAL SERVICES ........................................................................................................... 87 ITEM-9 Therwine Street Redevelopment Project ................................................................ 87 ITEM-10 Kenneally Road, Mareeba - Proposed Stormwater Drain .................................. 95 ITEM-11 Application for Permanent Road Closure Over an Unnamed Road Abutting Lot 153 on HG160 and an Unnamed Road Abutting Lot 29 on HG84 - Wolfram Road .................................................................................................................... 101 ITEM-12 Update Report on Request Regards Mackay Sugar Extended B-Double Route Access within Mareeba Shire ..................................................................... 119 WATER & WASTE .................................................................................................................. 124 ITEM-13 Tender Evaluation TMSC2014-22 Mareeba Industrial Park Water Booster Station .................................................................................................................. 124 ITEM-14 Tender Evaluation TMSC2014-19 Kuranda Barang Street Sewerage Main Infrastructure Upgrade.......................................................................................... 129 WORKS................................................................................................................................... 135 ITEM-15 Tender Evaluation TMSC2014-21 Supply and Delivery of Gravel - Various Sections - PEND-1818 Burke Developmental Road ............................................. 135 BUSINESS WITHOUT NOTICE.................................................................................................. 140 NEXT MEETING OF COUNCIL .................................................................................................. 140

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Wednesday 17 September 2014

CORPORATE AND COMMUNITY SERVICES

REGIONAL LAND USE PLANNING ITEM-1

DJ MOSCH - RECONFIGURING A LOT - SUBDIVISION (3 INTO 7 LOTS) - LOT 80 & 81 ON N157415 AND LOT 100 ON NR563 - 1734 HODZIC ROAD, KOAH - REC/08/0053

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICER’S TITLE: Senior Planner Corporate and Community Services

DEPARTMENT:

APPLICANT

APPLICATION DJ Mosch

DATE REQUEST FOR EXTENSION OF RELEVANT PERIOD LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

7 August 2014

FILE NO

REC/08/0053

LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

ADDRESS RPD

PREMISES 1734 Hodzic Road, Koah Lot 80 & 81 on N157415 and Lot 100 on NR563

Development Permit Reconfiguring a Lot - Subdivision (3 lots into 7 Lots)

Lot 80 - 64.75 Ha Lot 81 - 64.75 Ha Lot 100 - 93.078 Ha Twine Surveys Pty Ltd OWNER DJ Mosch Mareeba Shire Planning Scheme 2004 (amendment no. 1 of 2007) AREA

Rural Code Assessment N/A - Code Assessable

1. 2. 3.

Decision Notice dated 13 August 2008 Twine Survey Pty Ltd's request to extend relevant period dated 4 August 2014 Proposed road opening/closure Plan CNS10/061

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EXECUTIVE SUMMARY On 13 August 2008 Council approved, through delegated authority, the application made by Twine Surveys Pty Ltd on behalf of DJ Mosch for issue of a development permit for Reconfiguring a Lot - Subdivision of 3 lots into 7 lots of land described as Lot 80 & 81 on N157415 and Lot 100 on NR563, Parish of Formartine, situated at 1734 Hodzic Road, Koah. The decision notice was issued on 13 August 2008. On 31 August 2012, a two (2) year extension to the relevant period was granted. The relevant period will be deemed to have ended on 13 August 2014 unless a further extension is approved. To date, no development works have commenced in relation to the approved development. The original application was code assessable and was therefore not required to undergo public notification. Twine Surveys Pty Ltd acting on behalf of the applicant has subsequently lodged a request to extend the relevant period for a further two (2) years from 13 August 2014 to 13 August 2016. An informal policy position has been established by Council officers whereby uncommenced developments will be recommended for a maximum two (2) year extension and commenced developments recommended for four (4) year extension. A two (2) year extension has previously been granted for this development approval. Whilst there is no objection to a second extension in this instance, it is suggested that Council expand the informal extension policy so that any extension/s beyond the initial extension be granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of uncommenced development approvals on a more regular basis. It is recommended that the relevant period be extended for a period of one (1) year, from 13 August 2014 to 13 August 2015.

OFFICER'S RECOMMENDATION â&#x20AC;&#x153;1.

That in relation to the application to extend the relevant period for the following development approval:

APPLICANT: TYPE APPROVAL

APPLICATION DJ Mosch OF

APPROVED DEVELOPMENT

PREMISES 1734 Hodzic Road, Koah Development Permit RPD: Lots 80 & 81 on N157415 & Lot 100 on NR563 Reconfiguring a Lot - Subdivision of 3 lots into 7 lots ADDRESS:

and in accordance with the Sustainable Planning Act 2009, the following (A)

The relevant period be extended for 1 year from 13 August 2014 to 13 August 2015. Page 6

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A Notice of Councilâ&#x20AC;&#x2122;s decision be issued to the applicant advising of Councilâ&#x20AC;&#x2122;s decisionâ&#x20AC;?.

THE SITE The subject land is described as Lots 80 & 81 on N157415 and Lot 100 on NR563, Parish of Mona Mona, County of Nares, situated at 1734 Hodzic Road, Koah. The subject land has a combined area of 222.578 hectares and a total frontage of approximately 3.4 kilometres to Hodzic Road road reserve. Hodzic Road is constructed to a gravel standard for approximately 1.5 kilometres of the total 3.4 kilometre frontage. Approximately 60 per cent of the subject land has been previously cleared and is currently used for predominantly grazing with a small area used for intensive aquaculture. A dwelling house is established on the land and would be located within the confines of proposed Lot 94 following the reconfiguration. Surrounding are largely undeveloped rural holdings and State Forest.

Map Disclaimer: Based on or contains data provided by the State of Queensland (Department of Environment and Resource Management) (2009). In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

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BACKGROUND AND CONTEXT On the 13 August 2008 Council approved, through delegated authority, an application for the reconfiguration of land described as Lots 80 & 81 on N157415 and Lot 100 on NR563, Parish of Mona Mona, County of Nares, situated at 1734 Hodzic Road, Koah from 3 lots into 7 lots. The approval was granted subject to conditions. applicant on 13 August 2008 (Attachment 1).

A Decision Notice was issued to the

On 31 August 2012, a two (2) year extension to the relevant period was granted. The relevant period will be deemed to have ended on 13 August 2014 unless a further extension is approved. To date, no development works have commenced in relation to the approved development. Twine Surveys Pty Ltd acting on behalf of the applicant has subsequently lodged a request to extend the relevant period for a further two (2) years from 13 August 2014 to 13 August 2016 (Attachment 2). Council officer's informal policy position for extensions to relevant periods is uncommenced developments would be recommended for a maximum two (2) year extension and commenced developments recommended for four (4) year extension. A two (2) year extension has previously been granted for this development approval. Whilst there is no objection to a second extension in this instance, it is suggested that Council expand the informal extension policy so that any extension/s beyond the initial extension be Page 8

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granted for a maximum of one (1) year. A one (1) year extension would encourage the developer to act on the approval and also allow Council to reconsider the appropriateness of uncommenced development approvals on a more regular basis. It is recommended that the relevant period for REC/08/0053 be extended for a period of one (1) year, from 13 August 2014 to 13 August 2015. Road Opening and Closure Application The applicant has made application to the former Department of Environment and Resource Management (DERM) for an area of Road Reserve contained within Lot 100 on NR563 to be permanently closed and new road area opened as shown on Plan CNS10/061 (Attachment 3). The purpose of the application is to address the issue of a road reserve that currently dissects an aquaculture facility and the re-alignment proposes to minimise the impact on existing remnant vegetation areas and remove the fragmentation of previously cleared areas. Council at its Ordinary Meeting held on 19 January 2011 resolved:

"That Council advise the Department of Environment and Resource Management (DERM) that they have no objection to the proposed permanent road closure over an area of about 4.94ha being part of the road that intersects Lot 100 on NR563, Parish of Mona Mona and shown as Lots C & D on Drawing CNS10/061, and offer no objection to the proposed road opening over an area of about 4.05ha intersecting the same lot and shown as Lots A & B on Drawing CNS10/061, subject to the following conditions: 1.

Council is not responsible for access, service allocations, or any costs involved with the proposal; and

The road area to be closed is amalgamated with Lot 100 on NR563 and is to be used in accordance with Council's Planning Scheme provisions."

The current economic climate and the delays in finalising the road opening/closure have been cited by the applicant as reasons for the delay in completing this development.

ASSESSMENT AND DECISION REQUIREMENTS Assessment rules Section 388 of SPA requires that Council must have regard to:

â&#x20AC;˘

the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, part 1. If a new application was lodged for this proposal it would be assessed generally against the same planning instruments as was the original development application. On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced the single State Planning Policy (SPP) to replace the various

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State Planning Policies previously in place. Development approval REC/08/0053 is not in conflict with any relevant aspect of the SPP. Applicable Infrastructure Charges Development Approval REC/08/0053 is not subject to fixed headworks/contributions.

•

the community’s awareness of the development approval The original development application was Code Assessable and therefore was not subject to public notification.

•

whether, if the request were refused – (i) (ii)

further rights to make a submission may be available for a further development application; and the likely extent to which those rights may be exercised;

A further development application would be Code Assessable and therefore not subject to public notification.

•

the views of any concurrence agency for the approval given under section 385. The original application did not trigger referral to any Concurrence Agencies.

Date Prepared:

4 September 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-2

Wednesday 17 September 2014

R J MARSHALL - MATERIAL CHANGE OF USE OUTDOOR SPORT & ENTERTAINMENT FACILITY (RURAL FARM TOURS) LOT 1 ON RP708707 & LOT 2 ON RP711194 - 1015 KENNEDY HIGHWAY, KURANDA DA/14/0021

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S Planning Officer TITLE:

Corporate and Community Services

DEPARTMENT:

APPLICATION DETAILS

APPLICANT

APPLICATION R J Marshall

ADDRESS

DATE LODGED

11 June 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development permit

FILE NO

DA/14/0021

Material Change of Use - Outdoor Sport & Entertainment Facility (Rural Farm Tours) Lot 1 - 4.699 Ha Lot 2 - 60.488 Ha P Marshall OWNER R J Marshall Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

RPD

PREMISES 1015 Kennedy Highway, Kuranda Lot 1 on RP708707 & Lot 2 on RP711194

AREA

Rural Zone Impact Assessment No properly made submissions

1. 2.

Proposal Plan/s (DWS VS# 3560134) Referral Agency Response - Department of State Development, Infrastructure and Planning (SARA - DTMR) dated 16 July 2014

EXECUTIVE SUMMARY Council is in receipt of a development application described in the above application details. The application is impact assessable and no properly made submissions were received in response to public notification of the application.

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The applicants propose to conduct guided tours of their Kuranda property, with the focus being on an exotic fruit orchard situated on site, as well as scenic tropical rainforest which covers the majority of the site. The applicants wish to operate the tours to supplement the farms income and propose a single two hour tour per day, up to six days per week. The application and supporting material has been assessed against the relevant statutory planning instruments including the FNQ Regional Plan, the State Planning Policy, and the Mareeba Shire Planning Scheme (including codes and policies) and does not conflict with any relevant planning instrument. In addition to this officer's assessment, the application and supporting material was referred to the Department of National Parks, Recreation, Sport and Racing, and the Wet Tropics Management Authority for third party advice. Both the Department and the Management Authority did not raise issue with the proposal. Draft conditions were provided to the applicant and have been agreed to. It is recommended that the application be approved in full, subject to conditions.

OFFICER'S RECOMMENDATION 1.

That in relation to the following development application:

APPLICANT

APPLICATION R J Marshall

ADDRESS

DATE LODGED

11 June 2014

TYPE OF APPROVAL PROPOSED DEVELOPMENT

Development permit

RPD

PREMISES 1015 Kennedy Highway, Kuranda Lot 1 on RP708707 & Lot 2 on RP711194

Material Change of Use - Outdoor Sport & Entertainment Facility (Rural Farm Tours)

and in accordance with the Sustainable Planning Act 2009, as amended, the applicant be notified that the application for a development permit for the development specified in (A) is: Approved by Council in accordance with the approved plans/documents listed in (B), subject to assessment manager conditions in (C), assessment managerâ&#x20AC;&#x2122;s advice in (D), concurrence agency conditions in (E), relevant period in (F), further permits in (G), and further approvals from Council listed in (H); And The assessment manager does not consider that the assessment managerâ&#x20AC;&#x2122;s decision conflicts with a relevant instrument. (A)

APPROVED DEVELOPMENT:

Development Permit for Material Change of Use Outdoor Sport & Entertainment Facility (Rural Farm Tours)

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(B)

APPROVED PLANS: Plan/Document Number -

(C)

Wednesday 17 September 2014

Plan/Document Title -

Prepared by P Marshall

Dated -

ASSESSMENT MANAGER’S CONDITIONS (COUNCIL) (a)

Development assessable against the Planning Scheme 1.

Development must be carried out substantially in accordance with the approved plans and the facts and circumstances of the use as submitted with the application, subject to any alterations: -

found necessary by Council’s delegated officer at the time of examination of the engineering plans or during construction of the development because of particular engineering requirements; and to ensure compliance with the following conditions of approval.

Timing of Effect 2.1

The conditions of the development permit must be complied with to the satisfaction of Council’s delegated officer prior to the commencement of the use except where specified otherwise in these conditions of approval.

2.2

Prior to the commencement of use, the applicant must notify Council that all the conditions of the development permit have been complied with, except where specified otherwise in these conditions of approval.

General 3.1

The development approval would not have been issued if not for the conditions requiring the construction of infrastructure within the conditions of approval.

3.2

The applicant/developer is responsible for the cost of necessary alterations to existing public utility mains, services or installations required by works in relation to the proposed development or any works required by condition(s) of this approval.

3.3

All works must be designed, constructed and carried out in accordance with FNQROC Development Manual requirements (as amended) and to the satisfaction of Council’s delegated officer.

3.4

Waste Management On site refuge storage area must be provided and be screened from view from adjoining properties and road reserve by 1 metre wide landscaped screening buffer or 1.8m high solid fence or building.

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3.5

Wednesday 17 September 2014

Hours of Operation The operating hours shall be between 7am and 6pm.

3.6

A maximum of 1 tour is to be conducted per day and the maximum average tour group must not exceed 10 persons when calculated over any given week.

3.7

Tour groups are to be delivered to the designated car parking area via bus only; no cars associated with the approved use are permitted to park in the designated car parking area.

3.8

All scheduled maintenance of the ATV's shall be undertaken off site.

3.9

There shall be no fuel stored on site for the purpose of the ATV operations, except that stored in each ATV's fuel tank.

3.10 The maximum noise level of any ATV operated in the conduct of the approved use shall not exceed 63dBA and all ATV's be governed not to exceed 10 kilometres per hour. 3.11 Bushfire Management A Bushfire Management Plan, incorporating evacuation procedures for tour groups, must be prepared to the satisfaction of Council's delegated officer, The approved use must comply with the requirements of the Management Plan at all times. 3.12 Signage Any signage visible from the Kennedy Highway is to be in accordance with: (i)

No sign is to be erected unless first approved by the Department of Transport and Main Roads;

(ii)

No more than 1 sign shall be erected on the site with a maximum sign face area of 3m2;

(iii)

The signage must be kept clean, in good order and safe repair for the life of the approval;

(iv)

Signage must be removed when no longer required; and

(v)

The erection and use of the signage must comply with the Building Act and all other relevant Acts, Regulations and these approval conditions.

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Infrastructure Services and Standards 4.1

Carparking/Internal Driveways The designated car parking area must be constructed to a compacted gravel standard and appropriately drained prior to the commencement of the use, and maintained for the life of the development, to the satisfaction of Council's delegated officer.

4.2

4.3

Water Quality 4.2.1

Any material likely to degrade the water (eg oils, lubricants, solvents, coolants, degreasing agents etc) must be stored within a bunded area, or an appropriately designed chemical storage container, suitable for preventing the escape of material into surface or underground water resources.

4.2.2

An emergency spill containment kit must be kept on site at all times during the running of tour activities.

4.2.3

The ATV wash down area is to be located so as to prevent the discharge of sediment, contaminants or wastewater to waterways, creeks or watercourses.

4.2.4

All earthworks, access tracks, driveways and the like are to be surface treated and maintained so that the risk and consequence of erosion is minimised, to the satisfaction of Council's delegated officer. All earthworks are to be planted or otherwise protected from scour as soon as possible after works are carried out, to the satisfaction of Council's delegated officer.

Water Supply The quality of water provided on site for human contact or consumption must be of a standard for drinking water set by the Australian Drinking Water Guidelines 2004 (National Health and Medical Research Council and the National Resource Management Ministerial Council).

4.4

On-site Wastewater Management All on site effluent disposal associated with the approved use must be in compliance with the latest version of On-Site Domestic Wastewater Management Standard (ASNZ1547) to the satisfaction of the Council’s delegated officer.

(D)

ASSESSMENT MANAGER’S ADVICE (a)

Compliance with applicable codes/policies The development must be carried out to ensure compliance with the provisions of Council’s Local Laws, Planning Scheme Policies, Planning Scheme and Page 25

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Planning Scheme Codes to the extent they have not been varied by a condition of this approval. (b)

Compliance with Acts and Regulations The erection and use of the building must comply with the Building Act and all other relevant Acts, Regulations and Laws, and these approval conditions.

(c)

Environmental Protection and Biodiversity Conservation Act 1999 The applicant is advised that referral may be required under the Environmental Protection and Biodiversity Conservation Act 1999 if the proposed activities are likely to have a significant impact on a matter of national environmental significance. Further information on these matters can be obtained from www.environment.gov.au

(d)

Cultural Heritage In carrying out the activity the applicant must take all reasonable and practicable measures to ensure that no harm is done to Aboriginal cultural heritage (the “cultural heritage duty of care”). The applicant will comply with the cultural heritage duty of care if the applicant acts in accordance with gazetted cultural heritage duty of care guidelines. An assessment of the proposed activity against the duty of care guidelines will determine whether or to what extent Aboriginal cultural heritage may be harmed by the activity. Further information on cultural heritage, together with a copy of the duty of care guidelines and cultural heritage search forms, may be obtained from www.datsima.qld.gov.au

(E)

CONCURRENCE AGENCY CONDITIONS Department of State Development, Infrastructure and Planning (SARA - DTMR) conditions dated 16 July 2014.

(F)

RELEVANT PERIOD When approval lapses if development not started (s.341)

• (G)

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS

• (H)

Material Change of Use – four (4) years (starting the day the approval takes effect);

Nil

OTHER APPROVALS REQUIRED FROM COUNCIL

•

Nil

THE SITE The subject land is situated south-west of Rainforestation Nature Park at 1015 Kennedy Highway, Kuranda, and is described as Lot 1 on RP708707 and Lot 2 on RP711194, Parish of Smithfield, County of Nares. The subject land is generally rectangular in shape having a Page 26

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combined area of 65.187 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. Lot 1 on RP708707 adjoins Lot 2 in its south-west corner and remains landlocked, having no frontage to a gazetted road. Access to the allotment is gained through Lot 2 via a private access road which links back to an unnamed road, then onto the Kennedy Highway. Lot 1 is improved by a single dwelling and multiple outbuildings (remnants of its historic association with the hydroelectric power station) clustered in its south-west corner. The property remains vegetated in both dense tropical rainforest and fruit orchard.

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Lot 2 on RP711194 contains approximately 450 metres of frontage to the Kennedy Highway and another 330 metres of frontage to the unnamed road mentioned above. Access to Lot 2 is gained via the private access road mentioned above with a secondary access point in its north-east corner, via the unnamed road. The site is improved by a number of farm and storage sheds and is predominately covered in dense tropical rainforest. A mature exotic fruit orchard lies towards the centre of Lot 2 and extends generally in a south-west direction down to and over Lot 1. Streets Creek meanders through the allotment and continues on to drain to the Barron River, situated just to the south of the subject land. An electricity easement is established over both Lot 1 and 2. Skyrail's Red Peak station is located a short distance from the applicant's dwelling house.

BACKGROUND AND CONTEXT Nil

PREVIOUS APPLICATIONS & APPROVALS Nil

DESCRIPTION OF PROPOSED DEVELOPMENT

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The development application seeks a Development Permit for Material Change of Use Outdoor Sport and Entertainment Facility (Rural Farm Tours) in accordance with the plans shown in Attachment 1. The applicants propose the establishment of a guided tour operation on their 65 hectare Kuranda property. The guided tour will take visitors through tropical rainforest which covers the majority of the site followed by a tour through an exotic fruit orchard situated towards the centre of the site. The orchard is made up of some 300 Durian trees, 150 Mangosteen trees and various other exotic species. The applicants intend to operate a single, two hour tour per day, up to six days per week with a maximum of 10 persons per tour. The tours will follow a set schedule and will not be a drop-in operation. It is envisaged that an existing tour operator will deliver visitors in a 13 seat mini-bus. The tours will be conducted either on foot, or on small ATV's and will begin from an existing car parking area (cleared area) on the northern end of Lot 2 (adjacent the no-name road). The tours will then follow existing (mostly old logging) tracks through the rainforest down to, and then through the fruit orchard, finishing at the existing dwelling situated in the south-west corner of Lot 1. The applicants wish to stress that the ATV's will be a means of moderated transportation only and will in no way be an adventure operation. The proposed development will utilise existing infrastructure on site only with no new buildings or structures proposed. The tour will include information on both the surrounding rainforest and orchard, and seasonal fruits may be sampled when available. A Cassowary family is known to frequent the subject property which may also be a point of interest when seen. Access to the designated car parking area (start of tour) will be gained from a gated unnamed road which branches off the Kennedy Highway (Kuranda Range) which also fronts the subject land. The Department of Transport and Main Roads have approved the access arrangements from the Highway, provided the operation is limited to a single small bus per day.

REGIONAL PLAN DESIGNATION The subject site is included within the Regional Landscape and Rural Production Area land use category in the Far North Queensland Regional Plan 2009-2031. The Regional Plan Map 3- ‘Areas of Ecological Significance’ also identifies the site as containing:

•

Strategic Rehabilitation Area

•

State & Regional Conservation Corridors

•

Terrestrial Area of High Ecological Significance

•

Terrestrial Area of General Ecological Significance

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PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Major Urban Growth Node (Kuranda)

Zone:

Rural

Overlays

Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay

Planning Scheme Definitions The proposed use is defined as:"Outdoor sport and entertainment facility means the use of premises used or intended for use for any outdoor activity, purpose or pursuit for commercial purposes or for community based, not-for-profit groups and organisations, which affords interest or amusement. Without limiting the generality of the foregoing, the term includes the use of any premises for any of the activities, purposes or pursuits included in, but not limited to, Table 4 hereto and temporary facilities for providing refreshments to those engaged in the activity. The term does not include premises used for a purpose elsewhere defined in this section.

Table 4 Boating Circus Commercial or community swimming pool (outdoor) Coursing track Drive in theatre Exhibition (outdoor) Fair (outdoor) Mini golf course (outdoor) Model car, boat or aeroplane operation Picnic race Pleasure fair (outdoor) Race track Showground Side show (outdoor) Speedway Sporting arena (outdoor) Sports fields Stadium (outdoor) Theatre (outdoor) Trotting track Velodrome Waterslide Zoological garden"

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RELEVENT PLANNING INSTRUMENTS Assessment of the proposed development against the relevant planning instruments is summarised as follows:(a)

Far North Queensland Regional Plan 2009-2031

Assessment against the Regional Plan is required because the plan is not reflected in the planning scheme. The application is assessed as being capable of substantially complying with the relevant provisions of the Regional Plan, provided reasonable and relevant conditions are applied. The following Desired Regional Outcome Land Use Policies are relevant to the assessment of the application: DRO 1.1 Biodiversity Conservation Land Use Policy

Complies

Comments Complies - The proposed development is for guided tours of the subject property, focusing on the sites exotic fruit orchard, as well as scenic tropical rainforest which covers the majority of the subject land. The proposed tours will utilise existing tracks through the rainforest only and will not involve any further clearing. Given the nature of the proposed use, which is somewhat dependent on the sites biodiversity and ecology, the proposed development is not likely to compromise the sites ecological values. Complies - See above.

1.1.1

Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3).

1.1.2

Urban development within the urban footprint or rural living area within an area of high ecological significance (see map 3) is located, designed and operated to avoid impacts on ecological values, or where avoidance is not possible, minimise impacts and then offset residual impacts so there is net gain of the impacted values. Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the areaâ&#x20AC;&#x2122;s ecological values. Urban development in or adjacent to areas of general ecological significance (see map 3) is located, designed and operated to avoid or, where avoidance is not possible, minimise any adverse impacts on ecological values where possible. Urban development on a lot that is within a strategic rehabilitation area results in improved ecological connectivity or habitat extent within that lot.

1.1.3

1.1.4

1.1.5

Complies - See above.

Complies

DRO 2.1 Regional Landscape Values Land Use Policy 2.1.1

The value of the landscape for nature conservation, primary production, renewable energy resource areas, priority carbon sequestration, cultural heritage, outdoor recreation and scenic amenity is given appropriate recognition in land use planning and development assessment.

Complies

Comments

Complies - The proposed development is for guided tours of the subject property, focusing on the sites exotic fruit orchard, as well as scenic tropical rainforest which covers the majority of the subject land. The proposed tours will utilise existing tracks through the rainforest only and will not involve any further clearing. Given the nature of the proposed use, which is somewhat dependent on the sites biodiversity and ecology, the proposed development is not likely to compromise the sites ecological values.

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DRO 5.5 Tourist Development Land Use Policy 5.5.3

5.5.4

Where tourist development is located within a strategic rehabilitation area, the development should result in an increase in ecological connectivity or habitat extent through rehabilitation of native vegetation cover. Tourist attractions (that do not include residential or tourist accommodation) may be developed in the regional landscape and rural production area where such development: (a) is of an appropriate scale for the locality (b) is a facility functionally dependant on being linked with the rural, ecological or resource values of the locality (c) where located in areas of high ecological significance, provides opportunities to present and interpret the ecological values of the area and is designed and operated to have no more than a minor or inconsequential impact on ecological values of the area and any impacts are offset (d) where located within a strategic rehabilitation area, increases ecological connectivity or habitat extent through rehabilitation of native vegetation cover.

Complies

Comments

Complies

Complies - The proposed development is somewhat dependent on the sites ecological values and given the intended scale and nature of the use, is not likely to compromise these values. It is considered the proposed development can satisfy Land Use Policy 5.5.4 (a) - (d).

DRO 7.1 Protection of Waterways, Wetlands and Water Quality Land Use Policy 7.1.1

Development is planned, designed, constructed and managed in accordance with best practice environmental management to protect environmental values and meet water quality objectives of the Environmental Protection Policy (Water) 1997 (EPP Water) for regional surface water, groundwater and wetlands.

(b)

State Planning Policy

Complies

Comments Can be conditioned to comply.

Queensland State Planning Policy - December 2013 State Interest Complies Biodiversity A development application where the land relates to a matter of state environmental significance, if the application is for: (a) operational work, or (b) a material change of use other than for a dwelling house, or (c) reconfiguring a lot that results in more than six lots or lots less than five hectares.

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Assessment Requirements & Comments Development: (1) identifies any potential significant adverse environmental impacts on matters of state environmental significance, and (2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority: (a) avoiding significant adverse environmental impacts, and (b) mitigating significant adverse environmental impacts where these cannot be avoided, and

Mareeba Shire Council - Agenda

Wednesday 17 September 2014

(c) where applicable, offsetting any residual adverse impacts. Comment Complies - The proposed development is for guided tours through tropical rainforest as well as an exotic fruit orchard, both located on the subject property. The proposed tours will utilise existing tracks through the rainforest and will not involve any further clearing. The proposed use is somewhat dependent on the sites ecological values, and given the nature and scale of the use, the development is not likely to compromise these values. It should also be noted that the application and supporting material was referred to the Department of National Parks, Recreation, Sport and Racing and the Wet Tropics Management Authority for third party advice. Both the Department and the Management Authority raised no issues with the proposed use. It is considered the proposed development satisfies points (1) and (2) above. Natural hazards A development application for a material change of use, reconfiguring a lot or operational works on land within: (1) a flood hazard area, or (2) a bushfire hazard area, or (3) a landslide hazard area, or (4) a coastal hazard area.

(c)

For all natural hazards: Development: (1) avoids natural hazard areas or mitigates the risks of the natural hazard, and (2) supports, and does not unduly burden, disaster management response or recovery capacity and capabilities, and (3) directly, indirectly and cumulatively avoids an increase in the severity of the natural hazard and the potential for damage on the site or to other properties, and (4) avoids risks to public safety and the environment from the location of hazardous materials and the release of these materials as a result of a natural hazard, and (5) maintains or enhances natural processes and the protective function of landforms and vegetation that can mitigate risks associated with the natural hazard, and Comment The application can be conditioned to comply.

Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

Relevant Desired Environmental Outcomes (a) Significant natural features such as the dense tropical rainforest adjoining the Wet Tropics area, the savannas, the major river systems, wetlands and wildlife corridors, areas identified in the Areas of Regional significance for the Conservation of Biodiversity under the FNQ Regional Plan are protected

(c) Adverse effects from development on the natural environment are minimised with respect to the loss of natural vegetation, soil degradation, air and water pollution due to erosion, dust and chemical

Complies

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Comments Complies - The proposed development is dependent on the sites diversity and ecological values. Given the nature and intended scale of the use, the development is not likely to compromise these values. No additional clearing is proposed, nor are any additional buildings or structures proposed as part of the development. Complies - The proposed development is for a single two hour guided tour per day, up to six days per week. The tours will utilise existing tracks through the

Mareeba Shire Council - Agenda contamination, dispersal of pollutants, effluent disposal and the like.

Wednesday 17 September 2014 rainforest and orchard and will not involve any additional clearing. Surface conditioning of the existing tracks will ensure erosion and soil degradation are kept to a minimal.

(h) All members of the community have appropriate access to relevant services and facilities that meet their needs and create a sense of community satisfaction

(j) Threats to public safety and health associated with the natural and built environments, including flooding in the catchments of the Barron River and Mitchell River are minimised. (p) The Kuranda Villageâ&#x20AC;&#x2122;s role and identity not only as an international tourist destination but as a residential centre and a functional service location for the wider district is protected and enhanced whilst ensuring the communityâ&#x20AC;&#x2122;s harmony and a sense of place is maximised through ensuring that the mix between tourists and residents meets the needs of both groups. (q) The establishment of new industries such as value adding agricultural industries as well as ecotourism and tradeable services beyond agriculture.

The proposed development is not likely to result in any dust or chemical contamination or dispersal of pollutants. Complies - The proposed guided tours will be educational in nature with a focus on environmental sustainability and will be open to both tourists and surrounding residents alike. Complies - the subject land is not subject to a Q100 flood event.

Complies - The development enhances the identity and amenity of the Kuranda Village by offering a new and different opportunity for tourists and locals alike to experience the natural and agricultural aspects of Kuranda area.

Complies - The proposed tours will focus on the sites exotic fruit orchard, as well as scenic tropical rainforest which covers the majority of the site.

Relevant Development Codes The following Development Codes are considered to be applicable to the assessment of the application: Part 4, Division 14 Part 5, Division 6 Part 5, Division 8 Part 6, Division 5 Part 6, Division 15

Rural Zone Code Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Car Parking Code Landscaping Code

The application did not include a planning report and assessment against the planning scheme. An officer assessment has found that the application satisfies the relevant acceptable solutions (or probable solutions/performance criteria where no acceptable solution applies) of the relevant codes set out below, provided reasonable and relevant conditions are attached to any approval. Relevant Codes Rural Zone Code Significant Vegetation Overlay Code Natural Disaster - Bushfire Overlay Code Car Parking Code

Comments The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. The application can be conditioned to comply with the relevant acceptable/probable solutions contained within the code. Page 34

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Acceptable Solution AS9.1 (Car Parking Numbers) does not prescribe an acceptable solution for this specific land use. However, a large cleared area is proposed as a designated bus parking area and will be conditioned to be constructed to gravel sealed all-weather standard. Tour groups will be delivered to the site via pre-booked mini-bus only. It is considered the proposed development can satisfy Specific Outcome S9. Landscaping Code

(e)

The subject site contains extensive mature rainforest vegetation that will provide absolute screening of all visual and acoustic impacts associated with the development. Landscape buffering is not considered necessary in this instance.

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 4 - Development Manual Where relevant, development works will be conditioned to be designed and constructed in accordance with the FNQROC Development Manual. (f)

Adopted Infrastructure Charges Notice

Roadworks The subject site is accessed almost directly from the Kennedy Highway which is a State controlled road. After turning off the Highway, the mini-buses proposed to deliver tour groups are required to travel a short distance (approx. 60 metres) along an unnamed road, before entering the subject property and parking in a designated car parking area at the northern end of the subject site. Given the minimal additional vehicle movements generated by the proposed development (two additional movements per day), and the proximity of the sites access to the State controlled Kennedy Highway, a contribution for the augmentation of Council's road network is not considered necessary in this instance. REFERRALS Concurrence The application triggered referral to the Department of State Development, Infrastructure and Planning (DTMR - SARA) as a Concurrence Agency. That Department advised in a letter dated 16 July 2014 that they require the conditions to be attached to any approval (Attachment 2). Advice This application did not trigger referral to any Advice Agencies.

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Third Party Advice The application was referred to the Department of National Parks, Recreation, Sport and Racing and the Wet Tropics Management Authority for third party advice. Both the Department and the Management Authority verbally advised Council officers that they have no issues with the proposed development. Internal Consultation Nil PUBLIC NOTIFICATION The development proposal was placed on public notification from 1 August 2014 to 21 August 2014. The applicant submitted the notice of compliance on 27 August 2014 advising that the public notification requirements were carried out in accordance with the requirements of the Act. No submissions were received. PLANNING DISCUSSION Nil Date Prepared:

1 September 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3560134)

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ATTACHMENT 2

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ITEM-3

Wednesday 17 September 2014

APPLICATION TO LEASE USL - LOT 112 ON HG744 & LOT 130 ON SP148615, PARISH OF DYNES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the issue of a lease over land described as Lot 112 on HG744 and Lot 130 on SP148615, Parish of Dynes. The proposed use of the land is cattle grazing. DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the issue of a lease for cattle grazing purposes over land described as Lot 112 on HG744 and Lot 130 on SP148615, Parish of Dynes and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application to lease unallocated State land described as Lot 112 on HG744 and Lot 130 on SP148615, Parish of Dynes. Lot 112 on HG744 has an area of 104.5 hectares and is bounded by Kimalo Road, Bower Road and Stanton Road. Kimalo Road and Bower Road are both bitumen sealed for their entire frontage with the subject land. Stanton Road is bitumen sealed for approximately half of the subject land's frontage. Lot 112 contains no notable improvements and remains extensively vegetated. Lot 130 on SP148615 has an area of 52.98 hectares with a frontage of approximately 870 metres to Stanton Road. Approximately 60 metres of the frontage to Stanton Road is bitumen sealed. Lot 130 contains no notable improvements and also remains extensively vegetated. Should a lease be granted, it is proposed that the land be used for the cattle grazing purposes.

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without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

DNRM seeks Council's views on the issue of the lease and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. Council at its ordinary meeting of 6 August 2014 considered a separate request to purchase Lot 112 on HG744 and resolved to offer no objection to the purchase of land described as Lot 112 on HG744, Parish of Dynes, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Nil CONSULTATION Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for cattle grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 2 September 2014

Date Prepared:

9 September 2014

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ATTACHMENT 1

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ITEM-4

Wednesday 17 September 2014

APPLICATION FOR RENEWAL OF SPECIAL LEASE 201737 - LOT 206 ON CP846868, PARISH OF FORMARTINE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the renewal of Special Lease 201737 over land described as Lot 206 on CP846868, Parish of Formartine, situated at 926 Bilwon Road, Biboohra. The existing and proposed use of the land is rural residential (rural living) purposes. DNRM seeks Council's views on the renewal of the special lease, whether an alternative form of tenure is more appropriate and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the renewal of the special lease for rural residential (rural living) purposes over land described as Lot 206 on CP846868, Parish of Formartine and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land. Further, that Council considers that the applicant's proposed tenure is appropriate." BACKGROUND DNRM is currently considering an application for the renewal of Special Lease 201737 over land described as Lot 206 on CP846868, Parish of Formartine. The subject land has an area of 76.9 hectares which includes approximately 220 metres frontage to Bilwon Road. A dwelling house and numerous farm sheds are established in the north-western corner of the subject land. The majority of the land remains covered by remnant vegetation. The Mareeba-Kuranda railway line adjoins the land to the east and the Cypress Downs rural residential estate adjoins the southern boundary.

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Should the lease renewal be approved, it is proposed that the land continue to be used for the purpose of rural residential (rural living) purposes. DNRM seeks Council's views on the renewal of the special lease, whether an alternative form of tenure is more appropriate and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. LINK TO CORPORATE PLAN Nil CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the continued use of the land for rural living purposes. There are no known non-indigenous cultural heritage values associated with the subject land. FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil

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IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 5 December 2013 (received by Mareeba Shire on 3 September 2014)

Date Prepared:

4 September 2014

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ATTACHMENT 1

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ITEM-5

Wednesday 17 September 2014

APPLICATION FOR CONVERSION OF TERM LEASE LOT 2 ON LD157, PARISH OF FISCHERTON

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Application has been made to the Department of Natural Resources and Mines (DNRM) for the conversion of the term lease over land described as Lot 2 on LD157, Parish of Fischerton to freehold. Should the conversion be successful, the use of the land for grazing purposes would continue. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land. OFFICER'S RECOMMENDATION "That Council offer no objection to the conversion to freehold of the term lease over land described as Lot 2 on LD157, Parish of Fischerton and advise the Department of Natural Resources and Mines that Council has no knowledge of any local non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the conversion to freehold of the term lease over land described as Lot 2 on LD157, Parish of Fischerton. The subject land, known as Crystalbrook Station, has an area of 33,900 hectares and is situated approximately 20 kilometres west of Almaden. The land has extensive frontage to Crystalbrook Road, Bolwarra Road and remains largely vegetated. The land contains a residence and other several other buildings ancillary to its use for cattle grazing purposes. Should conversion application be successful, it is proposed that the land continue to be used for cattle grazing purposes. DNRM seeks Council's views on the conversion to freehold and also whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

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LINK TO CORPORATE PLAN Nil CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS The subject land is zoned Rural under the Mareeba Shire Planning Scheme 2004. There is no objection to the use of the land for the grazing purposes. There are no known non-indigenous cultural heritage values associated with the subject land.

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FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION The Department of Natural Resources and Mines will be informed of Council's decision by letter. ATTACHMENTS 1.

Department of Natural Resources and Mines letter dated 1 September 2014

Date Prepared:

2 September 2014

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ATTACHMENT 1

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ITEM-6

Wednesday 17 September 2014

YOUCAMP.COM - FREEDOM CAMPING

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Generic correspondence has been received from Youcamp.com (Attachment 1) proposing that Queensland Local Governments consider regulating private land to allow for use by freedom campers. Youcamp.com is a subscription based website which allows camp operators to advertise their product to customers. Freedom camping as defined under the New Zealand Freedom Camping Act 2011 is to camp (other than at a commercial camping ground) within 200 m of a motor vehicle accessible area or the mean low-water springs line of any sea or harbour, or on or within 200m of a formed road, using 1 or more of the following: (a) (b) (c)

a tent or other temporary structure: a caravan: a car, campervan, motor home, or other motor vehicle.

Freedom camping is intended to be allowed anywhere except for those areas which are specifically prohibited under a local law. Council has been requested to provide an update on this issue and how Council regulations/local laws are currently placed to allow landholders and businesses the opportunity to receive freedom campers. OFFICER'S RECOMMENDATION "That Youcamp.com be advised that Council currently has no plans to regulate private land to allow its use by freedom campers. Notwithstanding this advice, the current Mareeba Shire Planning Scheme 2004 allows for landowners to make application for a variety of forms of small to medium scale tourist accommodation including Bed and Breakfast Accommodation, Caravan Park (including camping ground), Host Farm, Motor Home Park and Tourist Facility. Further, under Schedule 7 of Tablelands Subordinate Local Law No.1 (Administration) 2011, a temporary home (including caravan, tent etc) may be established on an allotments for less than 4 weeks in any 52 week period if: (i) The temporary home is sited on an allotment occupied by an existing dwelling house; and Page 63

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(ii)

Wednesday 17 September 2014

The temporary home is located to the rear of the existing dwelling house; and Provided no waste materials, including grey water, are deposited on site during occupation or left on site after departure."

BACKGROUND NIL LINK TO CORPORATE PLAN NIL CONSULTATION Internal Regulatory Services External NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS The Mareeba Shire Planning Scheme 2004 regulates the use of land within the Mareeba Shire and already includes provisions which cater for a wide variety of small to medium scale tourist accommodation uses. Such defined land uses include:

• • • • •

Bed and Breakfast Accommodation Caravan Park (camping ground also covered by this land use definition) Host Farm Motor Home Park Tourist Facility

In the most cases, a development application and development permit are required prior to the establishment of the accommodation use. This process is working well and Council has rarely needed to refuse an application. The development application process remains the most effective means for Council to assess and manage the impacts of the specific development proposal. The freedom camping concept whereby camping would be allowed anywhere except for those areas which are specifically prohibited under a local law could not be implemented without also changing the planning scheme. With a local government area the size of Mareeba Shire, it would require considerable resources to assess and establish those areas which should be excluded from freedom

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camping and even then, there would likely be continual requests to review and exclude additional areas. Freedom camping is expected to receive significant opposition from the established commercial accommodation providers and there would undoubtedly be a financial impact on these same providers. Council's existing Planning Scheme and Local Law provisions are considered to reasonably provide for tourist accommodation whilst protecting the interests of the Mareeba Shire community. There would not appear to be a community benefit in implementing freedom camping throughout the Shire at this time. It is proposed that Youcamp.com be advised as follows: That Youcamp.com be advised that Council currently has no plans to regulate private land to allow its use by freedom campers. Notwithstanding this advice, the current Mareeba Shire Planning Scheme 2004 allows for landowners to make application for a variety of forms of small to medium scale tourist accommodation including Bed and Breakfast Accommodation, Caravan Park (including camping ground), Host Farm, Motor Home Park and Tourist Facility. Further, under Schedule 7 of Tablelands Subordinate Local Law No.1 (Administration) 2011, a temporary home (including caravan, tent etc) may be established on an allotments for less than 4 weeks in any 52 week period if: (i)

The temporary home is sited on an allotment occupied by an existing dwelling house; and

(ii)

FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1.

Youcamp letter dated 26 August 2014

Date Prepared:

4 September 2014

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ATTACHMENT 1

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-7

PROPOSED DEVELOPMENT COMMUNITY PRECINCT

KURANDA

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S Manager Community Wellbeing TITLE: DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The Kuranda Community Precinct Advisory Committee (KCPAC) is a formal advisory committee to Council established to oversee and provide advice on the long term development of the precinct. The Committee provides a formal means of community engagement and connection between Council and communities in the Kuranda district to facilitate community input for consideration by Council with respect to decisions about the development of this valuable community asset - the Kuranda Community Precinct. The site is the former Kuranda Primary School which the former Mareeba Shire Council purchased and Council is supporting the long term development of the facility as a multipurpose community precinct. The Kuranda Community Precinct Advisory Committee has made three recommendations for Council's consideration regarding the current upgrade and refurbishment of the precinct and these are presented in this report. OFFICER'S RECOMMENDATION "That Council note and endorse the following recommendations by the Kuranda Community Precinct Advisory Committee in relation to Council's development of the Kuranda Community Precinct: 1. The Kuranda Community Precinct Advisory Committee endorses in principle the use of the Kuranda Community Precinct capital funds, and recommends that Council uses these funds as required completing the relocation of the library and the upgrade of the car park as part of the long term development of the precinct. 2. The Kuranda Community Precinct Advisory Committee recommends that the offers on both blocks of land not be accepted at this time and the blocks remain for sale at current listed prices. 3. The Kuranda Community Precinct Advisory Committee recommends that Council adopts the concept plans for the refurbishment and upgrade of the precinct and lodges the Material Change of Use application as soon as possible."

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BACKGROUND Community Engagement The long term development of the Kuranda Community Precinct has been informed by extensive community consultation over many years and finally resulted in significant community support for the facility to be developed as a multipurpose community precinct with the Kuranda Library to be relocated to the site as the anchor tenant. The intention is that relocating the Kuranda Library to the Precinct will bring increased community participation in the Precinct. Ongoing community input to Council decision-making is via the Kuranda Community Precinct Advisory Committee. Mareeba Shire Council agreed to support the long term development plan for the Precinct committing capital funds in the 6 month 2014 budget which were not expended and then rolled over to the 2014/15 budget along with an additional $60,000 committed in 2014/15 resulting in a total capital budget of $360,000 to be used as follows: $240,000 General long term development of the precinct $120,000 Relocation of the Kuranda Library in 2014/15 $360,000 The current priorities for developing the precinct include: 1. The relocation of the Kuranda Library to the precinct; 2. Upgrade of the car park, external lighting and minor landscaping; and 3. Renovation of the tiled wall as a community managed and funded project Precinct Budget and Material Change of Use The committee has been working with an architect to design plans for the refurbishment of the existing building to be used as a library. Plans also include the upgrade of the car park so it can be used for the library and other future long term uses. The initial estimate for relocating the library was $120,000 with additional capital funds required for the car park, however, indicative costings by a Quantity Surveyor and further prioritising by the Committee on the advice of the architect, have given rise to a maximum cost of approximately $331,000. An accurate indication of the true cost will not be available until tenders are called in November 2014, however, given the current competition in the construction industry, the architect is hopeful that the library will be relocated to the Precinct and the car park upgraded for a significantly lower amount than the indicative costings of $331,000. The KCPAC however, is concerned that the relocation of the library and car park upgrade is completed as it is the basis for all further development of the Precinct. Therefore, the Advisory Committee is requesting that Council use, as required, part of the $240,000 capital funds committed for the development of the Precinct to ensure that the library and car park capital works are completed as these are likely to exceed the $120,000 set aside in the capital budget for this purpose. The concept plans have been developed to support the Material Change of Use application and are attached. This application is required to ensure that the Precinct can be developed for community uses including the relocation of the Kuranda Library. The Committee recommends that Council lodges the application as soon as possible to progress the development process. Council Officers have prepared the application in consultation with the Committee and it is ready for lodgement.

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Sale of Land The Committee is concerned that Council receives the best possible return on the sale of the blocks of land and therefore recommends that Council not accept the offer for each block and that they remain for sale at the current listed price. Council has previously resolved to commit the proceeds of the sale of the land to the future development of the Precinct and the Committee is aware that the current capital budget allocation is sufficient to complete stage one of the Precinct development regarding the library and car park. LINK TO CORPORATE PLAN Goal: Community Communities across the area share a sense of common identity whilst retaining local diversity, and enjoy equitable access to services and facilities based on effective partnerships Strategies: Com 1, Com 3 and Com 4 CONSULTATION Internal Chief Executive Officer Manager Technical Services External Kuranda Community Precinct Advisory Group LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil - expenditure is in 2014/15 Capital Budget Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil

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IMPLEMENTATION/COMMUNICATION Kuranda Community Precinct Advisory Committee will be advised and Committee and Council will issue joint media release providing project update ATTACHMENTS 1. 2. 3. 4. 5.

Cover Sheet Proposed Site Plan Ground Floor Plan Elevations Sheet 1 Elevations Sheet 2

Date Prepared:

11 September 2014

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FINANCE ITEM-8

FINANCIAL STATEMENTS FOR THE PERIOD ENDING 31 AUGUST 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT AUTHOR/ OFFICERâ&#x20AC;&#x2122;S TITLE:

Manager Finance

DEPARTMENT:

Corporate Services

EXECUTIVE SUMMARY The purpose of this report is to provide Council with an overview of financial matters for the period 1 July 2014 to 31 August 2014. OFFICER'S RECOMMENDATION "That Council note the financial report for the period ending 31 August 2014." BACKGROUND Financial Summary Each month, year to date financial statements are prepared in order to monitor actual performance against budgets. For the period ending 31 August 2014, Council shows an operational surplus of $8,753,886 compared to a budgeted YTD surplus of $7,105,529. As only two months have passed, there are no major issues to discuss or areas of concern at this stage. As each month goes past, there will more financial data to analyse and any areas of concerns will be highlighted. One-off de-amalgamation costs are not yet finalised but for the purpose of this report are excluded. These costs are funded from the Queensland Treasury Corporation Working Capital Facility which has a repayment term of twelve months (31 December 2014). It should be noted that Council's cash position is currently $13,095,912 and this represents an initial transfer of $17,000,000 from TRC. A final cash transfer (including interest) will take place on finalisation of the 31 December 2013 financial statements and will be based on the methodology provided in the Crowe Horwath report. A draft report has been received and is currently being reviewed.

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August 2014 - Snapshot Total Operating Income Total Operating Expenditure Operating Deficit Total Capital Income (grants, developer contributions)

$ $ $ $

16,089,714 7,335,828 8,753,886 278,135

Net Result - Surplus

9,032,021

Capital Expenditure Total capital expenditure of $3,862,145 (including commitments) has been spent in August. $2,375,301 relates to finishing off 2013/14 capital projects. Any unspent budgets relating to capital projects that were not completed during 2013/14 will be carried forward into this financial year. Income Analysis Total income (including capital income of $278,135) for the period ending 31 August 2014 is $16,367,489 compared to a YTD budget of $15,565,626. The graph below shows actual income against budget for the period ending 31 August 2014.

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Description Net Rates & Utility Charges Fees & Charges Operating Grants, Subsidies & Contributions Interest Received Works for Third Parties Other Revenue Capital Income

Actual YTD

Wednesday 17 September 2014

Budget YTD

Note

12,755,133 350,821

12,457,448 163,558

1,647,171 34,097 806,893 495,599 278,135

427,165 96,718 1,805,894 614,243 600

2 3 4 5 6

Variances to note are: 1. $116k of actual income relates to animal registrations and licence renewals, which all belong in July 2014, however the budget has been apportioned equally across 12 months. Also contributing to the favourable variance is actual income from Dimbulah Mausoleum wall ($9k), Building and Plumbing application fees ($19k) and Planning application fees ($22k) which were higher than anticipated. 2. First quarterly payment of the Financial Assistance Grant was received in August ($1.58m), however budget is set for September. Quarterly grants for Community groups are expected to be received in September ($360k). 3. Council's management reports do not provide interest revenue until such time as it has been earnt. Investments are generally renewed on a six monthly cycle in line with cashflows relating to rates levies. A $5M term deposit will mature in September. 4. The August RMPC claim is to be lodged in mid-September and is expected to be around $85k. The Burke Developmental Road gravel re-sheet project was originally approved for $5.1M. A reduced scope of works approved by the Queensland Reconstruction Authority (QRA) has meant the project now has a value of $2.7M. The project commenced in August and a first claim of approximately $250K will be lodged in September. The Mt Mulligan Hwy DTMR project is yet to be commenced. DTMR 2014 restoration works has been sent by the department to QRA for approval and it is expected to be provided to Council late October for pricing. The August invoice for SITA waste levy and weighbridge charges, was raised in September for $156k. 6. $182k relates to developer contributions and $54k relates to a grant for the construction of the pump station at Ibis Dam. Expenditure Analysis Total expenses for the month ending 31 August 2014 are $7,335,828 which is lower than the YTD budget of $8,459,497. The graph below shows August 2014 actual expenditure compared to budget. Page 81

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Description

Actual YTD

Employee expenses Materials & Services Depreciation expenses Finance & Borrowing costs

2,428,309 3,462,232 1,441,013 4,274

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Budget YTD

Note

2,659,898 4,329,897 1,441,683 28,019

Variances to note are: 1. Aligned with the actual income being lower than budget, expenditure items relating to MRD works is lower being that works have not commenced.

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Loan Borrowings Council's loan balances as at 31 August 2014 are as follows:

QTC Loans De-amalgamation working capital facility

$2,135,472 $4,643,831 (pending adjustments)

Rates and Sundry Debtors Analysis Rates and Charges The total rates and charges payable as at 31 August is $11,947,358. Rates were levied on 18 August for the six months July to December 2014, with the discount period closing on 18 September 2014. Total Gross Rates and Charges levied for the 6 month period was $13,085,505.30 Collection House collected $54,208 for the month of August. The outstanding amount for properties currently with debt collection is $727,595.22. Sundry Debtors The total outstanding for Sundry Debtors as at 31 August is $4,133,524.14 which is made up of the following:

Current $1,432,803.67

30 days $421,596.85

60 days $300,021.44

90 + days $1,979,102.18

35%

10%

47%

$2,477,255.86 or 91% of outstanding debtors 30 days or greater relate to government departments.

Procurement Council's Procurement Policy sets out provisions regarding the acquisition of goods and services and provides the criteria which must be followed by all Council employees for purchasing. The procurement thresholds outline specific requirements for quotations and tenders and outlines exceptions for particular situations which entitle the purchase to be made without first inviting quotations or tenders including - where there is only one supplier reasonably available; a genuine emergency exists; the goods are purchased at auction or are second-hand; or the contract is made under a Local Buy arrangement. In the situation that a purchase is classified as an 'emergency' the Procurement Policy determines that retrospective Council approval is required. There were no transactions classified as 'Emergency' purchases during the month of August 2014.

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LINK TO CORPORATE PLAN Nil CONSULTATION Internal Director Corporate Services External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL RISKS) Section 204 of the Local Government Regulation 2012 requires the financial report to be presented to local governmentâ&#x20AC;Śif the local government holds its ordinary meetings more frequently (than once per month) - to a meeting in each month. POLICY IMPLICATIONS Information has been provided to achieve compliance with Council's Procurement Policy. FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION NIL ATTACHMENTS 1. Financial Statements - August 2014 (DWS#2995373) Date Prepared:

08/09/2014

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INFRASTRUCTURE SERVICES

TECHNICAL SERVICES ITEM-9

THERWINE STREET REDEVELOPMENT PROJECT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S Technical Officer Projects Investigation TITLE: DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY This report provides Council with an update on proposed timeframes for the delivery of the Therwine Street redevelopment project under the Kuranda Infrastructure Program (KIP). Preliminary discussions have been held within the Kuranda Infrastructure Advisory Committee (KIAC) regarding the project, prior to the impending commencement of design, public consultation and stakeholder engagement. Quotations have now been called for landscape architects services and in an effort to reduce lead times, Council is requested to delegate authority to the Mayor and CEO to award the design and documentation to the successful Landscape Architect as selected by KIAC. OFFICER'S RECOMMENDATION "That Council resolves to: 1. receive the report and note its contents; and 2. delegate authority to the Mayor and CEO to award the contract for development of design plans, engineering and landscape architecture works subject to endorsement by the Kuranda Infrastructure Advisory Committee (KIAC)." BACKGROUND Following the signing of a new KIP agreement between Council and the State Government for the period 2010-2020 a new strategic plan was developed for Council by Arup Consultants to determine Kuranda's immediate and medium term infrastructure priorities for this new agreement period.

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The Arup Consultants study involved:

• • • • •

Analysis of existing and projected market conditions; Community consultation via surveys, website and focus group feedback; Liaison with a steering committee and KIAC to develop and prioritise projects; Establishment of a costed works programme; Preparation of concept designs for priority projects.

Preliminary conceptual streetscape and layout plans were presented as a component of the strategic plan and are attached for Council's information. The Therwine Street redevelopment was prioritised as a strategic project and allocated a total project budget of $2,000,000. The Therwine Street redevelopment was identified as a priority project along with the Kuranda Visitor Information Centre and Covered Walkway Pods, completed in 2013-2014. The Therwine Street redevelopment project is proposed to include:

• • • • •

Preliminary consultation and stakeholder engagement; Development of concept design plans and supporting project briefs; Final engineering designs; Ergon undergrounding the electrical reticulation network on Therwine Street; Construction proposed to commence in the 2015-16 financial year - September 2015.

As funds have been set aside this financial year for the pre-construction phase of the project, there is a need to commence the design and public consultation phase as soon as possible. To reduce lead times, Council officers have called quotations for suitably qualified landscape architects to provide a submission for the preparation of a representative design that is aligned with Kuranda community expectations and the strategic plan. Due to the time lapse between KIAC and Council meetings, it is requested that the Mayor and CEO be granted delegated authority to award the design and documentation to the successful Landscape Architect as selected by KIAC. The architect's final design will also consider recommendations arising from the Kuranda Pedestrian Traffic and Parking Study undertaken by Bitzios Consultants in 2012. Key milestones of the consultation and design process are listed below. 1. 2. 3. 4. 5. 6.

Council call quotations to engage a suitably qualified Landscape Architect September 2014; Report on quotation results and agree on Landscape Architect short-list - 9 October, KIAC meeting; Short-listed Landscape Architects (3 - 5 max) deliver presentations to KIAC - 13 November, KIAC meeting; Following Architect presentations KIAC selects the successful tenderer - 13 November; Successful Landscape Architect to present concept design - 22 January 2015, KIAC meeting; Public workshop to present the concept plan and seek community comment 29 January 2015; Page 88

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7. 8.

Wednesday 17 September 2014

Public meeting to present workshop results and discuss community input 5 February 2015; Present final design and documentation to KIAC in consultation with MSC Technical Services - 16 April 2015.

Following acceptance and approval of the final design, project documentation will be forwarded to Council Civil Works section to establish delivery schedules, construction methodology, engage contractors where necessary and carry out cost estimation prior to consolidation of the works programme. Preliminary discussion at KIAC level has indicated the implementation of a delivery schedule that considers the interests of business operators and Council's construction requirements with the likely construction start date of September 2015. The proposal to start construction in September 2015 is considered optimal in minimising impact on business operations by largely avoiding the peak winter visitor period while also offering Council the opportunity to undertake a large percentage of the earthworks requirement prior to the traditional wet season months of December and January. The delivery schedule proposed will expedite the construction process and minimise the risk of delays due to inclement weather. Undergrounding of the current overhead electrical reticulation network is a critical component of the Therwine Street redevelopment. Council is in the process of re-negotiating a 50%-50% funding arrangement with Ergon Energy under the Community Powerline Projects (CPP) Scheme. Ergon denied a 2012 Tablelands Regional Council request to extend the previously negotiated cost sharing agreement necessitating the requirement for Mareeba Shire Council to re-apply for the funding subsidy. LINK TO CORPORATE PLAN

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FINANCIAL & RESOURCE IMPLICATIONS Capital Fully funded through Kuranda Infrastructure Projects (KIP) tourist visitor levy. Operating Nil Is the expenditure noted above included in the 2014 / 2015 budget? Yes If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/ COMMUNICATION Ongoing management of preliminary community engagement and design processes to ensure the project is delivered in accordance with the timeframes indicated. ATTACHMENTS 1.

Strategic Plan Conceptual Layouts Proposed Upper and Lower Therwine Streets

Date Prepared:

1 September 2014

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ITEM-10

KENNEALLY ROAD, STORMWATER DRAIN

Wednesday 17 September 2014

MAREEBA

PROPOSED

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Civil Engineer DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Lot 1 on RP725711, a vacant lot bounded by Kenneally Road and the Mareeba Connection Road is subject to a development application for a six (6) lot residential subdivision. Currently a Council culvert discharges onto the road reserve fronting Lot 1 and flows are partially carried by a swale drain to the intersection of Kenneally Road and the Mareeba Connection Road. This swale drain is of insufficient size to cope with the flows and Lot 1 often floods. Before the development progresses Council has been requested by the developer to prevent water from entering his property by constructing an underground drainage system to replace the grassed swale drain. OFFICER'S RECOMMENDATION "That Council resolves to construct a 130m long 375mm diameter underground drainage system along Kenneally Road to the frontage of the proposed development." BACKGROUND Lot 1 on RP725711, owned by Landgold Pty Ltd is subject to an Operational Works Application to develop a six (6) lot residential subdivision. Currently there is an earth swale drain that runs along the Kenneally Road reserve on the southern boundary of Lot 1 which collects water from a Council culvert under Kenneally Road. Prior to the development progressing the swale drain will need to be replaced as it is of insufficient capacity to prevent Lot 1 from flooding. The proposed solution to prevent flooding on Lot 1 is to construct a 375 diameter underground drain to replace the earth swale. The developer is requesting Council undertake this work prior to construction commencing on the development site. This request is considered reasonable as the water discharging onto the proposed development is from Council infrastructure and the development does not contribute any discharge to the proposed pipe. The installation of the proposed underground stormwater system is estimated to cost in the order of $20,000 which may be funded from developer's contributions for the project of $22,740. Page 95

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LINK TO CORPORATE PLAN

$22,740 $22,740 $22,740 $22,740

For more detail refer attachment 2. IMPLEMENTATION/COMMUNICATION Nil

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ATTACHMENTS 1. 2.

Plan of the proposed drain; Developer's Contributions received to date.

Date Prepared:

8 September 2014

Attachment 1: Plan of the Proposed Drain

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Attachment 2: Developer's Contributions received to date

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ITEM-11

Wednesday 17 September 2014

APPLICATION FOR PERMANENT ROAD CLOSURE OVER AN UNNAMED ROAD ABUTTING LOT 153 ON HG160 AND AN UNNAMED ROAD ABUTTING LOT 29 ON HG84 - WOLFRAM ROAD

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S Civil Engineer TITLE: DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY This application comprises two (2) applications from the one (1) applicant to permanently close two (2) adjoining sections of road reserve. The first is the unused unnamed road reserve abutting Lot 153, covering an area of 2.74 ha referred to as Lot A. The second is the unused unnamed road reserve abutting Lot 29, covering an area of 2.25 ha referred to as Lot B. The purpose is to use the road reserve for grazing purposes. OFFICER'S RECOMMENDATION "That Council advise the Department of Environment and Resource Management that it has no objection to the permanent road closure of an area of about 4.31 ha (Lot A and Lot B) being unnamed roads abutting Lot 29 HG84 and Lot 153 HG160, Parish of Leadingham as shown on the Department of Natural Resources and Mines Preliminary Plan CNS14/015P dated 15 April 2014 on the condition that a 20m strip of road reserve be retained to provide access to the river." BACKGROUND Lot 153 HG160 is a 10.724 ha rural allotment zoned rural agricultural that abuts an unnamed road reserve off Wolfram Road. Currently the road reserve (Lot A) is vacant and provides access to Lot 153. Lot 29 HG84 is a 38.228 ha rural allotment zoned rural agricultural that abuts an unnamed road reserve off Wolfram Road. Currently the road reserve (Lot B) is vacant and provides access to Lot 29. There are issues with closing these sections of road reserve as it will prevent public access to the river, it is therefore proposed that a 20m wide road reserve through both Lot A and Lot B for access to the river away from the existing house along the western boundary of the proposed Lot B continuing through Lot A to Wolfram Road be retained. Refer attachment 3.

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LINK TO CORPORATE PLAN ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans development for all infrastructure asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Manager Technical Services Senior Planner External Land Administration Officer, Department of Natural Resources and Mines LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital Nil Operating Nil Is the expenditure noted above included in the 2014/2015 budget? N/A. If not you must recommend how the budget can be amended to accommodate the expenditure N/A. IMPLEMENTATION/COMMUNICATION Following publication of Council minutes prepare and send communication to the Department of Environment and Resource Management advising of Councilâ&#x20AC;&#x2122;s decision. ATTACHMENTS 1. 2.

Application for permanent road closure over road adjoining Lot 153 on HG160 (ECM Doc # 2975763); Application for permanent road closure over road adjoining Lot 29 on HG84 (ECM Doc # 2975762); Page 102

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3. 4. 5:

Wednesday 17 September 2014

Detailed plan of the proposed road closures; Locality Map; Email from the Senior Planner.

Date Prepared: 8 August 2014 ATTACHMENT 1: Application for permanent road closure over road adjoining Lot 153 on

HG160

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ATTACHMENT 2: Application for permanent road closure over road adjoining Lot 29 on HG84

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ATTACHMENT 3: Detailed plan of the proposed road closures

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ATTACHMENT 4: Locality Map

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ATTACHMENT 5: Email from Senior Planner

5 August 2014 RE: Road closure applications on Wolfram Road (2) Brian Millard Darren, I suggest that you include another option with a 20 metre road reserve. Council can then decide if it wants any road reserve, a 5 metre road reserve or a 20 metre road reserve. Regards Brian Millard Senior Planner Planning Section, Development & Governance Group

******************************************************************************************************************* 28 July 2014 RE: Road closure applications on Wolfram Road (2) Brian Millard Darren, My preference would be for part of the road reserve (red area on attached plan) to remain open to ensure continued public access to the Walsh River. The respective blue areas could be closed and amalgamated with the neighbouring allotment. I note that closure of the eastern blue area would resolve a building encroachment. Regards Brian Millard Senior Planner Planning Section, Development & Governance Group

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ITEM-12

Wednesday 17 September 2014

UPDATE REPORT ON REQUEST REGARDS MACKAY SUGAR EXTENDED B-DOUBLE ROUTE ACCESS WITHIN MAREEBA SHIRE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Technical Officer, Projects Investigations DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Following a Council workshop held on 4 June 2014 to discuss a request from Mackay Sugar to extend B-Double routes within Mareeba Shire, Council resolved that: "1. The CEO be delegated authority to recommend to the NHVR the use, with specific conditions of specific roads for the haulage of cane by B-Doubles on a two (2) week cycle as a trial. 2. The CEO to keep the Councillors updated on a fortnightly basis." In accordance with Item 2 above, this report is to update Council in relation to extended B-Double operations to date. OFFICER'S RECOMMENDATION "That Council receive and note the progress report in relation to extended trial access to B-Double routes to support Mackay Sugar harvesting and transport operations." BACKGROUND In July 2014 Council gave Mackay Sugar Pty Ltd conditional consent for a three (3) month trial applying to B-Double access to additional local road cane hauling routes. In accordance with the recommendations of the Council workshop a number of roads were rejected for B-Double access and specific operating conditions applied to all roads given access consent. Officers are not aware of any reported incidents or increased public concern directly attributable to Mackay Sugar B-Double cane hauling operations. Mackay Sugar has been providing Council with projected fortnightly harvesting schedules as requested. A schedule has been attached for Councils information. Council Officers are periodically monitoring Mackay Sugar cane hauling operations and conducting occasional targeted oversight to ensure QUBE compliance with operating conditions applying to roads approved under the three (3) month access trial, NHVR Permit 4538.

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Officers received an enquiry from Queensland Transport (QT) regarding Mackay Sugar B-Double operations with QT questioning aspects of the Council approval process and the rationale behind the risk assessment process used to evaluate road suitability. Queensland Transport advised it had initially worked with Mackay Sugar and QUBE to establish processes and 'ground rules' for operations so that Mackay Sugar did not conflict with general road users and Queensland Transport law enforcement provisions. Queensland Transport advised it would be undertaking compliance inspections of QUBE cane hauling operations and requested Council forward a copy of the fortnightly schedules in order to coordinate their compliancing activities. Further to Council consent being given to allow B-Double cane hauling operations on Collins Weir Road subject to the completion of causeway upgrade works, it was requested Mackay Sugar undertake dust suppression watering of the gravel road from property egress to the bitumen pavement at Springmount Road. After some negotiation, it was agreed that the property owner Howe Farming would carry-out regular watering on behalf of Mackay Sugar while cane hauling operations were in progress. Council monitoring of compliance has indicated a reluctance to provide sufficient dust suppressing water on Collins Weir Road. Council has noted the non-compliance and reported identified breaches to Mackay Sugar and the local Canegrowers Association requesting immediate rectification of the situation. Council Officers on inspection of QUBE cane hauling operations on Lockwood Road observed B-Double compliance with speed restrictions and noted that regular dust suppression watering appeared to be taking place. LINK TO CORPORATE PLAN

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FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS 1.

Mackay Sugar Operating Schedule

Date Prepared:

5 September 2014

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Wednesday 17 September 2014

WATER & WASTE ITEM-13

TENDER EVALUATION TMSC2014-22 MAREEBA INDUSTRIAL PARK WATER BOOSTER STATION

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S Manager Water and Waste TITLE: DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY Tenders have been invited for the Mareeba Industrial Park Water Booster Station to provide adequate water pressure to the Mareeba Industrial Estate and surrounding northern reticulation network area allowing Council to meet its regulatory responsibilities. This report provides an evaluation of the tenders received. OFFICER'S RECOMMENDATION "That Council: 1. accept the offer from Pumping Irrigation and Machinery Supplies for Contract TMSC2014-22 Mareeba Industrial Park Water Booster Station for the lump sum of $324,558 (exclusive of GST); and 2.

approve the transfer of $164,588 from the Water Reserve to the Capital Works."

BACKGROUND The business owners at the Mareeba Industrial Park are unable to acquire adequate insurance cover on their properties due to insufficient water pressure resulting in a lack of fire fighting capabilities. Jacobs Consulting Engineering were engaged to confirm the mechanical and electrical requirements for this project and assess the long term future water usage and water pressure requirements for the whole of the northern water reticulation network, including the Industrial Park Estate. The water modelling undertaken indicated the requirement for a much larger pump set than was initially anticipated. This larger unit is reflected in the tender pricing received for this project. Council began to upgrade the water infrastructure in the 2012-2013 financial year.

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To enable the completion of the water infrastructure project upgrade, Council were asked at the Ordinary Meeting of 19 March 2014 to approve a further $160,000 toward this project. This stage of works would be the installation of booster pumps, a shed to house the equipment and associated equipment to be located adjacent to the Granite Creek Sewerage Pump Station. Council are requested to consider approving an additional $164,588 (Excl GST) from the Water Reserves ($1,450,000) along with the approved Capital Budgeted amount of $160,000 to enable this project to proceed. The residual of this report is restricted to evaluating the Mareeba Industrial Park Water Booster Station. Tenders Received At the nominated closing time, tenders from the following firms had been received. Submission From

Amount

Pumping irrigation and Machinery Supplies JPMI Koppen Constructions NQ Civil Contractors

$324,588 $487,630 $399,467 $623.163

Additional Information Excl GST Incl GST Excl GST Incl GST

Nature and extent of tender The tender is a lump sum price. The tender includes all applicable GST and is full compensation for the Mareeba Industrial Park Water Booster Station. The acceptance of the lump sum figure of $324,588 (Excl GST) from Pumping Irrigation and Machinery Supplies will ensure the project is completed prior to the completion of the 20142015 financial year. Assessment Criteria Tenders were advised in the tender documentation that the tender assessment would be based on the following: Relevant experience Key personal Resources Demonstrated Understanding

40% 20% 20% 20%

Refer to attachments for Tender Evaluation. LINK TO CORPORATE PLAN

Mareeba Shire Council - Agenda

Wednesday 17 September 2014

CONSULTATION Internal Director Infrastructure Services Engineer Water and Waste Supervisor Water Reticulation External Jacobs Consulting Engineering LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Queensland Fire and Rescue Fire Fighting Standards - 20 litres per second with 20 metres head pressure Water Supply (Safety and Reliability) Act 2008 POLICY IMPLICATIONS Public Relation Implications: Ensuring adequate infrastructure to meet statutory obligations will result in a minimisation of risk of complaints from the public about lack of water pressure. Council will be better able to demonstrate its service to the community. FINANCIAL & RESOURCE IMPLICATIONS Capital Yes - Approved Budgeted Capital Works - $160,000 Operating It is anticipated there will be a slight increase in operational costs effective from July 2014 Is the expenditure noted above included in the 2014/2015 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Consultation with Mareeba Industrial Park Estate Business Owners. ATTACHMENTS 1. 2.

Summary of Tenders; Tender Assessment Summary.

Date Prepared:

3 September 2014

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ITEM-14

Wednesday 17 September 2014

TENDER EVALUATION TMSC2014-19 KURANDA BARANG STREET SEWERAGE MAIN INFRASTRUCTURE UPGRADE

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Manager Water and Waster

Infrastructure Services, Water and Waste Group

DEPARTMENT: EXECUTIVE SUMMARY

Tenders have been invited for the Upgrade of the Barang Street Sewerage Main in Kuranda. The upgraded sewerage main will allow Council to meet its environmental obligations and meet its regulatory responsibilities. This report provides an evaluation of the tenders received. OFFICER'S RECOMMENDATION "That Council accept the offer of BJS Plumbing and Civil for Contract TMSC2014-19 Barang Street Sewerage Main Upgrade Project for the lump sum of $539,172.70 (inclusive of GST). BACKGROUND This report is restricted to evaluating the Barang Street Sewerage Main Upgrade in Kuranda. Tenders Received At the nominated closing time, tenders from the following firms had been received:

Submission From

Amount

FGF Developments Koppen Construction Rylsley Enterprises Pty Ltd Trading as Celtic Construction and Utility Services BJS Plumbing and Civil Construction LDI Constructions JPMI Northern Civil Earthworks Pty Ltd

$749,437.00 $709,796.45 $875,749.13

Additional Information Inc GST Inc GST Inc GST

$539,172.70 $671,348.00 $765,944.30 $570,012.74

Inc GST Exc GST Inc GST Inc GST

Nature and extent of tender

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The tender is a lump sum price. The tender includes all applicable GST and is full compensation for the Barang Street Sewerage Main Upgrade Kuranda. Assessment Criteria Tenders were advised in the tender documentation that the tender assessment would be based on the following: Relevant experience Key personal Resources Demonstrated Understanding

40% 20% 20% 20%

Refer to attachments for Tender Evaluation. LINK TO CORPORATE PLAN

ECON 3 - Undertake the management of Council's assets in accordance with the long term asset management plans developed for all infrastructure asset classes to ensure the Shire's infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Director Infrastructure Services Environmental Compliance Officer Engineer Water and Waste Supervisor Water Reticulation External Jacobs Engineering Department Environment and Heritage Protection LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) The Environmental Protection Act 1994, Sustainable Planning Act 2009 and the Water Supply (Safety and Reliability) Act 2008 all govern the operation of wastewater facilities. The legislation imposes a duty of care on service providers, through a statutory authority (licence), to ensure that a standard of sewage treatment is met prior to release to the environment to minimise or prevent harm. Offences associated with the legislation range from minor infringement notices to substantial fines and indictable offences. POLICY IMPLICATIONS Public Relation Implications: Ensuring adequate infrastructure to meet statutory obligations will result in a minimisation of risk of complaints from the public about, nuisance odours and pollution to the receiving environment. Council will be better able to demonstrate its service to the community. Environmental Policy:

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The objectives of this policy are: • To acknowledge Council's obligation under the Environmental Protection Act 1994 (Qld) and other relevant environmental legislation. • To establish Council's commitment to a sustainable environment as per the Corporate Plan 2009-2013. • To outline a framework for the reduction and management of environmental risks and impacts arising from council operations and activities. FINANCIAL & RESOURCE IMPLICATIONS Capital Yes Operating Nil Is the expenditure noted above included in the 2014/2015 budget? Nil IMPLEMENTATION/COMMUNICATION Consultation with Kuranda Residents ATTACHMENTS 1. 2.

Summary of Tenders; Tender Evaluation.

Date Prepared:

3 September 2014

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WORKS ITEM-15

TENDER EVALUATION TMSC2014-21 SUPPLY AND DELIVERY OF GRAVEL - VARIOUS SECTIONS - PEND1818 BURKE DEVELOPMENTAL ROAD

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

17 September 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Manager Works DEPARTMENT:

Infrastructure Services, Works Group

EXECUTIVE SUMMARY Mareeba Shire Council has been asked to undertake restoration works to essential public assets in the Council area by the Department of Transport and Main Roads under sole invitee status as a consequence of the 2013 NDRRA declared event. Tender TMSC2014-21 is for the supply and load and/or the supply, load and delivery of Type 4.3 Road Base to the Burke Developmental Road between Ch 406.75 and Ch 495.4 in two sections. The report provides a comparison of tenders received and makes a recommendation on the preferred tenderer. OFFICER'S RECOMMENDATION "That Council: 1. award Contract TMSC2014-21 Supply and Load and/or Supply, Load and Deliver of Type 4.3 Road Base for Site 4 to M&G Crushing & Materials Pty Ltd at the following unit rates (GST Inclusive): Supply, Load and Delivery Supplier M&G Crushing & Materials Pty Ltd

Location Site 4 Ch482.3-Ch495.4

Quantity (t) 41,600

Rate $/t $27.12

Total $1,128,192.00

2. note that the contract TMSC2014-21 Supply and Load and/or Supply, Load and Deliver of Type 4.3 Road Base for Site 1 was awarded to Kidner Contracting Pty Ltd under delegation at the following rates (GST Inclusive): Supply, Load and Delivery

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Supplier Kidner Contracting Pty Ltd

Location Site 1 Ch406.75-Ch408.26

Wednesday 17 September 2014

Quantity (t) 4,800

Rate $/t $24.20

Total $116,160.00

" BACKGROUND Tender TMSC2014-21 is for the supply and load and/or the supply load and delivery of Type 4.3 Road Base to Site 1 Ch 406.75 - Ch 408.26 and Site 4 Ch 482.3 - Ch on the Burke Developmental Road. The tender is on a schedule of rates basis. The original tender called for the supply of 91,700 tonnes of Type 4.3 Road Base. Amendments to the scope of works by DTMR after the tender was called reduced the quantity to 46,400 tonnes. This was due to a reduced scope of works approved by the Queensland Reconstruction Authority. Attached is a summary of the tenders received at the time of tender closing. Following a review of the tenders it is considered that the supply, load and delivery model is the most appropriate for Council. This reduces the delivery risk to Council and transfers that risk to the supplier. A summary of the tenders received for supply, load and delivery is as set out below. Supplier Kidner Contracting P/L Kidner Contracting P/L M & G Crushing & Materials P/L M & G Crushing & Materials P/L Bolwarra Enterprises P/L Bolwarra Enterprises P/L Wallace Quarrying & Mining P/L Wallace Quarrying & Mining P/L TERM W Wall & Sons

Location

Quantity (t) 4,800

Rate $/t $24.20

Total

Site 1 $116,160.00 Ch:406.75-Ch:408.26 Site 4 41,600 $30.80 $1,281,280.00 Ch:482.30-Ch:495.4 Site 1 4,800 $21.89 $105,072.00 Ch:406.75-Ch:408.26 Site 4 41,600 $27.12 $1,128,192.00 Ch:482.3-Ch:495.4 Site 1 4,800 $25.63 $123,024.00 Ch:406.75-Ch:408.26 Site 4 41,600 $34.65 $1,441,440.00 Ch:482.3-Ch:495.4 Site 1 4,800 $68.20 $327,360.00 Ch:406.75-Ch:408.26 Site 4 41,600 $51.70 $2,150,720.00 Ch:482.3-Ch:495.4 Non-Conforming - Material did not meet Type 4.3 specification Non-Conforming - Royalties were not allowed for from the proposed sources

After tenders closed Council officers had further negotiations with the two lowest tenderers given the reduced scope of works. The tenders from M&G Crushing & Materials Pty Ltd and Kidner Contracting Pty Ltd are the most advantageous supply arrangement for Council.

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CONSULTATION Internal Infrastructure Services staff. External Nil. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Included in the DTMR NDRRA 2013. Operating Nil Is the expenditure noted above included in the 2014/2015 budget? No. The expenditure is third party expenditure that will be fully claimable If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION Advice is provided to residents and businesses affected by any activities. ATTACHMENTS 1.

Tender Opening Summary

Date Prepared:

04 September 2014

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BUSINESS WITHOUT NOTICE Insert Councillor's Business Without Notice Here

NEXT MEETING OF COUNCIL The next meeting of Council will be held at 9:00 am on Wednesday 1 October 2014 Double Click Here to insert <Closure>

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APPENDIX - COMMITTEE MEETING MINUTES

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Tourism Kuranda

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