Council Meeting Agenda 6 August 2014 by Mareeba Shire Council

Ordinary Meeting Council Chambers Date: 6 August 2014 Time: 9:00am

AGENDA THE ORDINARY MEETING OF THE MAREEBA SHIRE COUNCIL WILL BE HELD AT COUNCIL CHAMBERS, ON WEDNESDAY, 06 AUGUST 2014 AND THE ATTENDANCE OF EACH COUNCILLOR IS REQUESTED.

PETER FRANKS CHIEF EXECUTIVE OFFICER

Mareeba Shire Council - Agenda

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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 DEPUTATIONS AND DELEGATIONS CORPORATE AND COMMUNITY SERVICES .................................................................................7 REGIONAL LAND USE PLANNING ............................................................................................. 7 ITEM-1 F Fersterer - Material Change of Use - Host Farm (Holiday let) - Lot 31 on SP264299 Oaky Valley Avenue, Mutchilba DA/14/0019.............................................7 ITEM-2 Request for Extension of Currency Period and Change of Development Approval -Springmount Drag Racing Ass Inc - Material Change of Use Outdoor Sport and Entertainment Facility (drag strip) - Lot 113 on SP214842, Springmount Road Arrriga - MCU/09/0034 ...............................................................25 ITEM-3 Application for Conversion of Special Lease 52128 - Lot 8 on HG836166, Parish of Western ...................................................................................................103 ITEM-4 Application for purchase of unallocated State Land L112 on HG744, Parish of Dynes ......................................................................................................................111 ITEM-5 Application for purchase of unallocated State land - LOT 3 on AP3453, Parish of Western...............................................................................................................119 GRANTS AND CORPORATE AND COMMUNITY PLANNING ................................................ 127 ITEM-6 Aerodrome site D transfer .......................................................................................127 Finance...................................................................................................................................... 133 ITEM-7 Mayor's Community Appeal Gift Fund ....................................................................133 ITEM-8 Revised Child Burial Fees.......................................................................................141 ITEM-9 Proposed Fees Animal Management 2014/2015....................................................145 GOVERNANCE AND COMPLIANCE ....................................................................................... 149 ITEM-10 Development and Governance Group Quarterly Report.........................................149 ITEM-11 Mareeba Shire Council Show Holiday 2015............................................................157 ITEM-12 Council's Public Liability Insurance Cover relating to Community Events ..............161 INFRASTRUCTURE SERVICES...................................................................................................179 TECHNICAL SERVICES........................................................................................................... 179 ITEM-13 Update Report on Request Regards Mackay Sugar Extended B-Double Route Access within Mareeba Shire..................................................................................179 ITEM-14 Application for Permanent Road Closure being Part of the Malone Road Road Reserve Abutting Lot 12 SP257039 and Lot 99 SP244383 ....................................187 ITEM-15 Application for Permanent Road Closure Being Part of the Emerald Falls Road Road Reserve Abutting Lot 68 on RP896905 .........................................................203 ITEM-16 Gamboola Crossing - 2013 NDRRA Betterment Project.........................................213 ITEM-17 Thongon Street, Kuranda - Replacement of Existing Kerb and Channel................215 WORKS..................................................................................................................................... 217 ITEM-18 Infrastructure Services, Works Group - Progress Report for June 2014.................217

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WATER & WASTE .................................................................................................................... 231 ITEM-19 Mareeba Wastewater Treatment Plant - Compliance Inspection CONFIDENTIAL......................................................................................................231 ITEM-20 Kuranda Water Infrastructure - Additional Water Reservoir for Kuranda Water Supply .....................................................................................................................233 ITEM-21 Waste Situation Analysis Progress Report .............................................................279 ITEM-22 Infrastructure Services - Water and Wastewater Group - Monthly Operations June 2014 ...............................................................................................................281 ITEM-23 Infrastructure Services - Waste Operations Progress Report - June 2014 .............293

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CORPORATE AND COMMUNITY SERVICES REGIONAL LAND USE PLANNING ITEM-1

F FERSTERER - MATERIAL CHANGE OF USE - HOST FARM (HOLIDAY LET) - LOT 31 ON SP264299 OAKY VALLEY AVENUE, MUTCHILBA DA/14/0019

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICER’S TITLE: Planning Officer DEPARTMENT:

Planning and Development APPLICATION DETAILS

APPLICANT

APPLICATION F Fersterer

ADDRESS

PREMISES Oaky Valley Avenue, Mutchilba Lot 31 on SP264299

DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

26 May 2014 Development Permit

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

DA/14/0019 78.77 Ha AREA F Fersterer F & T Fersterer OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01/11)

ATTACHMENTS:

RPD

Material Change of Use - Host Farm (Holiday Let)

Rural Impact Assessment Nil

Proposal Plan/s

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

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The applicants propose to utilise the site's existing self contained, two bedroom, log cabin style dwelling and surrounding acreage as an off-grid, wilderness experience holiday let for a maximum of 4 people to carry out activities such as bushwalking, wildlife and scenic photography, bird watching or simply enjoying complete privacy in a bush setting. 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. Given the intended scale and nature of the proposed development, no potential significant issues have been identified by this officer. Draft conditions were provided to the applicant and have been agreed upon. 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 DATE LODGED TYPE OF APPROVAL PROPOSED DEVELOPMENT

APPLICATION F Fersterer

ADDRESS

26 May 2014 Development Permit

RPD

PREMISES Oaky Valley Avenue, Mutchilba Lot 31 on SP264299

Material Change of Use - Host Farm (Holiday Let)

and in accordance with the Sustainable Planning Act 2009, 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), relevant period in (E), further permits in (F), and further approvals from Council listed in (G); 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 - Host Farm (Holiday Let)

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(B)

APPROVED PLANS: Plan/Document Number

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Plan/Document Title

Prepared by

Dated

F Fersterer

Building Elevations

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 or the payment of infrastructure charges within the conditions of approval or the Adopted Infrastructure Charges Notice.

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 payments or bonds required to be made to the Council pursuant to any condition of this approval must be made prior to the commencement of the use and at the rate applicable at the time of payment.

3.4

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.

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3.5

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Flood Immunity All buildings must be located such that the freeboard of the floor levels of all habitable rooms are a minimum of 300mm above 100 ARI year level.

3.6

Bushfire Management 3.6.1

The proposed development must be provided with a source of water for fire fighting purposes of not less than 5,000 litres, with a 50mm male camlock fitting where necessary. This water supply is to be provided prior to the commencement of the use and maintained for the life of the development.

3.6.2

The proposed development shall comply with the Bushfire Management Plan as submitted with the application at all times.

3.7

The approved host farm (holiday let) accommodation is to accommodate a maximum of four (4) guests at any one time.

3.8

The maximum length of stay of any party renting the host farm (holiday let) accommodation shall not exceed three (3) consecutive months.

3.9

Signage No more than one (1) advertising sign relating to the approved host farm use is permitted on the subject site. The signage must: (i) (ii) (iii)

not be greater than 0.3m2 in area; and not be illuminated; and be wholly located within the premises or on a fence facing the road.

Any signage must be kept clean, in good order and safe repair for the life of the development. 4

Infrastructure Services and Standards 4.1

Access The existing access crossover must be maintained to bitumen sealed standard (from the edge of the road pavement to the property boundary of the subject site) in accordance with the FNQROC Development Manual, to the satisfaction of Council's delegated officer for the life of the development.

4.2

Stormwater Drainage/Water Quality 4.2.1

The applicant/developer must take all necessary steps to ensure a non-worsening effect on surrounding land as a consequence of the development.

4.2.2

All stormwater drainage must be collected from site and discharged to an approved legal point of discharge.

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4.3

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Non-Reticulated Water Supply The approved host farm (holiday let) accommodation must be provided with a minimum of 22,500 litres of on site water storage to the satisfaction of Council's delegated officer.

4.4

(D)

Car Parking/Internal Driveways 4.4.1

The applicant/developer must ensure the that host farm (holiday let) accommodation is provided with a minimum of two (2) car parking spaces which are available solely for the parking of vehicles associated with the use of the premises. All parking spaces must be maintained with a compacted gravel seal and appropriately drained for the life of the development, to the satisfaction of Council's delegated officer.

4.4.2

The applicant/developer must ensure that the internal access road servicing the development (from the access crossover mentioned in 4.1 to the host farm (holiday let) accommodation) is maintained to a compacted gravel standard as to provide safe and convenient access to users for the life of the development, to the satisfaction of Council's delegated officer.

ASSESSMENT MANAGER’S ADVICE (a)

An Adopted Infrastructure Charges Notice has been issued with respect to the approved development. The Adopted Infrastructure Charges Notice details the type of infrastructure charge/s, the amount of the charge/s and when the charge/s are payable.

(b)

The Adopted Infrastructure Charges Notice does not include all charges or payments that are payable with respect to the approved development. A number of other charges or payments may be payable as conditions of approval. The applicable fee is set out in Council’s Fees & Charges Schedule for each respective financial year.

The change in the use of the building may also require a change in the classification of the building under the Building Act. You are advised to contact a Building Certifier to establish if a change in the classification of the building is required.

(d)

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

(e)

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.

(f)

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 Page 11

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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 (g)

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)

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

(F)

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

OTHER NECESSARY DEVELOPMENT PERMITS AND/OR COMPLIANCE PERMITS  Nil

(G)

OTHER APPROVALS REQUIRED FROM COUNCIL  Nil

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure charge/s for:

Infrastructure Charge Augmentation of the Road Network Contributions (Catchment name) TOTAL CURRENT AMOUNT OF CHARGE

Rate

Current Amount of Charge

0.2 x $4,170.00

$834.00

THE SITE The subject site is situated at the very end of Oaky Valley Avenue and is described as Lot 31 on SP264299, Parish of Culgar, County of Hodgkinson. The site is triangular in shape, containing a narrow 15 metre frontage to the cul-de-sac head of Oaky Valley Avenue before tapering out substantially to a width of approximately 800 metres at the rear of the site. The site has a total area of 78.77 hectares and is zoned Rural under the Mareeba Shire Planning Scheme. The site is not mapped as containing Good Quality Agricultural Land. Access to the site is gained from Oaky Valley Avenue via an FNQROC compliant bitumen sealed access crossover. Oaky Valley Avenue itself is constructed to bitumen sealed standard for its entire length. Page 12

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The site is improved by a single log cabin style dwelling only, situated in the north east corner of the site. This dwelling will be utilised as the proposed holiday let and is accessed via an internal gravel access road. Topographically, the site slopes uphill from its frontage to its centre before falling steeply down towards Oaky Creek which meanders through the north east corner. The log cabin dwelling is situated in close proximity to Oaky Creek. The remainder of the allotment remains undeveloped and covered in scattered mature vegetation. All surrounding allotments are zoned rural and are quite limited in their use due to the undulating topography of the land.

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 NIL

PREVIOUS APPLICATIONS & APPROVALS NIL

DESCRIPTION OF PROPOSED DEVELOPMENT The development application seeks a Development Permit for Material Change of Use - Host Farm (Holiday Let) in accordance with the plans shown in Attachment 1. The applicants and owners of the site propose to utilise the site's existing self contained, two bedroom, log cabin style dwelling and surrounding land as an off-grid wilderness experience holiday let for a maximum of 4 people to carry out activities such as bushwalking, wildlife and scenic photography, bird watching or simply enjoying complete privacy in a near pristine bush setting. The applicants intend to market the proposed holiday let use on the website "Stayz" and would be offered for rental of a minimum 3 days to a maximum 14 days. The applicants envisage most stays to be between 3 - 5 days. Guests will need to provide their own food and beverages. The applicants have also stated that environmental protection of the property will be emphasised with vehicle traffic restricted to the internal access road from the front of the property to the cabin Page 14

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only. Motorbikes (unless used as transport to the property) and quad bikes and the like will not be permitted on the property. Open fires are not permitted on the property as the cabin is provided with a gas fuelled African Boma style fireplace. Access to the property is gained from Oaky Valley Avenue via an FNQROC compliant access crossover already in place (required at time of subdivision of the land). From there, the cabin itself is accessed via an internal gravel access road which has been cut and graded to an approximate width of 4 metres.

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:  State and Regional Conservation Corridors  Terrestrial Area of High Ecological Significance  Terrestrial Area of General Ecological Significance

PLANNING SCHEME DESIGNATIONS Strategic Framework designation:

Mareeba Dimbulah Irrigation Area

Zone:

Rural (Not GQAL)

Overlays

Natural Disaster Bushfire Overlay

Planning Scheme Definitions The proposed use is defined as:"Host farm means the use of premises for tourist accommodation in conjunction with agriculture, animal husbandry or forestry purposes. The term also includes accommodation on rural allotments which are non bona fide farms but which have wilderness areas of areas of ecological or cultural significance." 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: Page 15

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DRO 1.1 Biodiversity Conservation Land Use Policy 1.1.1

1.1.3

1.1.4

Complies

Urban development within the regional landscape and rural production area is located outside of areas of high ecological significance (see map 3). Urban development adjacent to areas of high ecological significance (see map 3) is located, designed, operated and setback to avoid adverse impacts on the area’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.

Comments



Complies - The proposed development will utilise the sites existing dwelling which is situated outside any areas mapped as high ecological significance.



Complies - Given the nature of the proposed use, the development is not likely to detrimentally impact on nearby areas mapped as high ecological significance.



Complies - The proposed development will utilise the site's existing dwelling and internal carparking/driveways. No further clearing is proposed.

DRO 5.5 Tourist Development Land Use Policy 5.5.2

(b)

Tourist development, including development that incorporates shortterm accommodation for tourists, may be undertaken within the regional landscape and rural production area where there is an identified need in a subregion and the accommodation: (a) is of a nature and scale that is sympathetic to the maintenance of the regional landscape and rural production values (b) minimises the impact on goodquality agricultural land (c) avoids areas of high ecological significance and coastal hill slopes and headlands (see sections 1.1 and 2.3).

Complies



Comments Complies - The proposal will utilise the site's existing self contained, two bedroom wood cabin style dwelling for an offgrid wilderness holiday let. It is considered the proposed development complies with (a), (b) and (c) of Land Use Policy 5.5.2.

State Planning Policy

On 2 December 2013, the Department of State Development, Infrastructure and Planning introduced a single State Planning Policy (SPP) to replace the various SPP's previously in place. As such, this State Planning Policy is not reflected in the Planning Scheme and is therefore applicable to the assessment of the application. This officer has conducted an assessment of the proposed development against the provisions contained within the SPP and it is not considered to be in conflict with any relevant aspect of the SPP as outlined in the table below. Queensland State Planning Policy - December 2013 State Interest Biodiversity

Complies 

Assessment Requirements & Comments Development:

A development application where the land relates to a matter of state environmental significance, if the application is for:

(1) identifies any potential significant adverse environmental impacts on matters of state environmental significance (MSES), and

(a) operational work, or

(2) manages the significant adverse environmental impacts on matters of state environment significance by, in order of priority:

(b) a material change of use other than for a dwelling house, or

(a) avoiding significant adverse environmental Page 16

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(b) mitigating significant adverse environmental impacts where these cannot be avoided, and (c) where applicable, offsetting any residual adverse impacts. Comment The site is identified as containing MSES Regulated vegetation. The proposed development will utilise the site's existing self contained log cabin style dwelling for an off-grid wilderness experience holiday let. Existing carparking areas and internal driveways will also be utilised with no further clearing proposed. The proposed use is largely dependent on the site's biodiversity and ecological values and is not likely to detrimentally impact on either. It is considered the proposed development can satisfy assessment criteria 1 and 2 above.

Natural hazards

ď&#x192;ź

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.

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 proposed development can be conditioned to comply with assessment criteria 1 - 5 above.

(c)

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

Relevant Desired Environmental Outcomes Complies (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

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ď&#x192;ź

Comments Complies - The proposed development will utilise the site's existing self contained wood cabin style dwelling as an off-grid wilderness experience holiday let. Given the small scale and nature of the development, it is not likely to detrimentally impact on the site's ecological values.

Mareeba Shire Council - Agenda (c)

(d)

(e)

(n)

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 contamination, dispersal of pollutants, effluent disposal and the like.

Good quality agricultural land is conserved and protected from fragmentation and alienation.

Wednesday 06 August 2014 Complies - The proposed development will not involve any further vegetation clearing and will utilise the site's existing carparking areas and internal driveways. The development will be serviced by the existing on-site sewerage disposal system.



Complies - The subject site is not mapped as containing good quality agricultural land (GQAL).



Agricultural and forestry resources, mining, extractive activity in the rural sector are encouraged, facilitated and protected. .



Mareeba’s role and identity as the main business, economic centre and regional service centre and gateway to the Cape is consolidated.



Complies - The proposed development is not likely to have a detrimental impact on any nearby agricultural uses and forestry resources or mining and extractive industry activities. Complies - The proposed development is for an off-grid wilderness experience holiday let. The proposed use will not compromise Mareeba's role and identity as the Shire's main service centre.

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 8 Part 6, Division 5 Part 6, Division 11 Part 6, Division 15

Rural Zone Code Natural Disaster - Bushfire Overlay Code Car Parking Code Host Farm 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

Natural Disaster - Bushfire Overlay Code Car Parking Code

Host Farm Code

Landscaping Code

Comments The application can be conditioned to comply with the applicable acceptable/probable solutions contained within the code. The application can be conditioned to comply with the applicable acceptable/probable solutions contained within the code. The application can be conditioned to comply with the applicable acceptable/probable solutions contained within the code. The application can be conditioned to comply with the applicable acceptable/probable solutions contained within the code. No additional landscaping of vegetated buffering is proposed, nor is it considered necessary in this instance. Assessment against the code is therefore not considered relevant. Refer to discussion below. Page 18

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Noncompliance with the relevant acceptable solutions or probable solutions of the above Codes are summarised as follows: Landscaping Code Comment The proposed holiday let accommodation will utilise the site's existing dwelling which is set back at the very rear of the site. The dwelling is set amongst existing mature vegetation and is effectively screened from view from adjoining properties, which remain vacant. Considering this, as well as the minimal scale and nature of the proposed use, it is highly unlikely that the development will detrimentally impact on any adjoining properties or nearby roads. In this instance, additional landscaping or vegetated buffering is not considered necessary or appropriate. (e)

Planning Scheme Policies/Infrastructure Charges Plan

The following planning scheme policies are relevant to the application: No. 1 - Water Supply (Outside Reticulated Water Supply Area) The proposed host farm (holiday let) accommodation will be serviced by a gravity fed tank water supply. No. 4 - Development Manual Conditions will be attached to any approval requiring any development works to be designed and constructed in accordance with the FNQROC Development Manual. (f)

Adopted Infrastructure Charges Notice

Roadworks If this application for material change of use - host farm (holiday let) is approved, a future dwelling on site would become self assessable development. As such, the proposed development has the potential to increase traffic volumes on Oaky Valley Avenue above the standard 10 vehicle movements per day associated with a future dwelling house on site. Given the nature of the proposed use, and the fact that the proposed holiday let accommodation is not likely to be permanently occupied (constantly booked), an increase of two (2) vehicle movements per day as a result of the development is considered reasonable. Given that one (1) standard augmentation of the road network contribution pertains to an increase of 10 vehicle movements per day, the proposed development should attract a contribution of 1/5 or 0.2 of a standard contribution as follows: ď&#x201A;ˇď&#x20AC; 0.2 x $4,170.00 = $834.00 Based on the 2014/2015 Schedule of Fees and Charges, a partial Augmentation of the Road Network contribution of $834.00 is applicable.

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REFERRALS Concurrence This application did not trigger referral to any Concurrence Agencies. Advice This application did not trigger referral to any Advice Agencies. Internal Consultation Development Engineering - Access PUBLIC NOTIFICATION The development proposal was placed on public notification from 16 June 2014 to 4 July 2014. The applicant submitted the notice of compliance on 10 July 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:

25 July 2014

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ATTACHMENT 1 APPROVED PLANS (DWS VS 3555239)

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ITEM-2

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REQUEST FOR EXTENSION OF CURRENCY PERIOD AND CHANGE OF DEVELOPMENT APPROVAL -SPRINGMOUNT DRAG RACING ASS INC - MATERIAL CHANGE OF USE OUTDOOR SPORT AND ENTERTAINMENT FACILITY (DRAG STRIP) - LOT 113 ON SP214842, SPRINGMOUNT ROAD ARRRIGA - MCU/09/0034

DOCUMENT INFORMATION

MEETING:

Ordinary

DATE:

6 August 2014

REPORT OFFICER’S TITLE: Senior Planner DEPARTMENT:

Corporate and Community Services

APPLICATION PREMISES Springmount Drag Racing Springmount Road, ADDRESS Association Inc Arriga 18 June 2014 Lot 113 on SP214842 DATE REQUEST RPD LODGED Development Permit TYPE OF APPROVAL Material Change of Use - Outdoor Sport and Entertainment Facility PROPOSED (Drag Strip) DEVELOPMENT APPLICANT

MCU/09/0034 152.8 Hectares AREA RPS Australia East Pty Ltd Hapsto Pty Ltd OWNER Mareeba Shire Planning Scheme 2004 (amendment no. 01 of 2007)

FILE NO LODGED BY PLANNING SCHEME ZONE LEVEL OF ASSESSMENT SUBMISSIONS

ATTACHMENTS:

Rural Impact Assessment 245 properly made, 1 objection

1. 2. 3.

Negotiated Decision Notice dated 25 May 2010 Applicant’s request to change development approval dated 18 June 2014 Submission (objection) to original application

EXECUTIVE SUMMARY Council approved a development application described in the above application details at it’s meeting held on 17 March 2010, subject to conditions. A subsequent request for a Negotiated Decision Notice was approved at it’s meeting held on 19 May 2010. The application was impact assessable and 245 properly made submissions were received in response to public notification of the application. Page 25

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The development has not commenced and will be deemed to have lapsed on 25 June 2014 unless the relevant period is extended beyond this date. RPS Australia East Pty Ltd acting on behalf of the applicant has subsequently lodged the following requests (Attachment 2): 

to extend the relevant period for a further four (4) years from 25 June 2014 to 25 June 2018; and



to change the development approval with regard to the approved plan, Condition 3.4 Noise Nuisance, Condition 3.8 Signage, Condition 4.4 Water Quality, Condition 4.5 Earthworks, Condition 4.6 Car Parking/Internal Driveways, Condition 4.7 Landscaping, and Condition 5 Roadwork's Contribution.

The applicant advises that works for the drag strip are hoped to commence in the near future and that the requested extension will facilitate this. Under the previous Council, an informal policy position was established by Council officers whereby uncommenced developments would be recommended for a maximum 2 year extension and commenced developments recommended for 4 year extension. In keeping with this informal policy position, it is recommended that the relevant period be extended for a period of two (2) years only, from 25 June 2014 to 25 June 2016. Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. It is considered that the effect of the proposed changes to Condition 3.4 Noise Nuisance and the Approved Plans (deletion of Figure 2 Proposed Noise Barriers) will result in a substantially different development and do not constitute a permissible change under section 367 of SPA. The proposed changes to Condition 3.8 Signage, Condition 4.4 Water Quality, Condition 4.5 Earthworks, Condition 4.6 Car Parking/Internal Driveways and Condition 4.7 Landscaping are considered to be permissible changes and have been recommended for approval. The applicant's request to waive Condition 5 Roadwork's Contribution is not supported. The contribution amount currently factors in a 50% discount for the infrequent use of the drag strip and following further review a slight increase to the discount factor is suggested. Notwithstanding the infrequent use, the drag strip is expected to generate significant traffic movements when in operation and a reasonable roadwork's contribution is justified.

OFFICER'S RECOMMENDATION "1.

That in relation to the requests to change a development approval and to extend the relevant period for the following development approval:

Page 26

Mareeba Shire Council - Agenda

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APPLICATION PREMISES Springmount Road, Springmount Drag Racing ADDRESS APPLICANT Arriga Association Inc 18 June 2014 Lot 113 on SP214842 DATE REQUEST RPD LODGED Development Permit TYPE OF APPROVAL Material Change of Use - Outdoor Sport and Entertainment Facility PROPOSED (Drag Strip) DEVELOPMENT and in accordance with the Sustainable Planning Act 2009: (A)

The relevant period be extended for two (2) years from 25 June 2014 to 25 June 2016.

(B)

The approved plan/s of Council’s Negotiated Decision Notice issued on 25 May 2010 be amended as follows: Plan/Document Number 102256-1 F Figure 2

(C)

Plan/Document Title Proposed Drag Strip Proposed Noise Barriers

Prepared by

Dated

RPS

29/5/2014

Date received by Council 2 Oct 2009

Conics (Cairns) Pty Ltd and Ron Rumble Consultants

8/5/09

23 Feb 2010

Condition 3.8 of Council’s Negotiated Decision Notice issued on 25 May 2010 be amended as follows: 3.8

Signage Signage is to be in accordance with the following:

(D)

(i)

No more than 2 signs shall be erected on the site on the Springmount Road frontage;

(ii)

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

(iii)

Signage must be removed when no longer required; and

(iv)

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

Condition 4.4 of Council’s Negotiated Decision Notice issued on 25 May 2010 be amended as follows: 4.4

Water Quality 4.4.1 Prior to the commencement of earthworks, an Erosion and Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Page 27

Mareeba Shire Council - Agenda

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Queensland (RPEQ) must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer. 4.4.2 The installation of suitable trash screens and pollutant traps are required to restrict entry of trash and pollutants onto SunWater land. 4.4.3 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. 4.4.4 An emergency spill containment kit must be kept on site at all times during the running of events. (E)

Condition 4.6 of Council’s Negotiated Decision Notice issued on 25 May 2010 be amended as follows: 4.6

Car Parking/Internal Driveways The developer must ensure that the development is provided with sufficient onsite car parking spaces which are available for use solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be constructed to at least compacted gravel standard, clearly identifiable and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating: 

Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; and



Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.

A suitable dust suppressant shall be used as necessary to ensure that dust generation from all entrances, internal roadways and parking areas does not cause a nuisance off site. (F)

Condition 4.7 of Council’s Negotiated Decision Notice issued on 25 May 2010 be amended as follows: 4.7

Landscaping (a)

Prior to the commencement of the use, a landscape plan must be prepared for the site and submitted to Council's delegated officer for consideration and approval.

(b)

The landscaping of the site must be carried out in accordance with an endorsed landscaping plan, and irrigated, mulched and maintained to the satisfaction of Council's delegated officer. Page 28

Mareeba Shire Council - Agenda

The landscaping of the site must be carried out in accordance with Mareeba Shire Planning Scheme Policy 9 - Landscaping.

Condition 3.4 of Council’s Negotiated Decision Notice must remain as decided by Council on 19 May 2010 as the proposed change is not a permissible change because it would: (i)

Remove a component that is integral to the operation of the development; and

(ii)

Introduce new impacts or increase the severity of known impacts; and

(iii)

Remove an incentive or offset component that would have balanced a negative impact of the development.

(H)

Condition 4.5 of Council's Negotiated Decision Notice issued on 25 May 2010 be deleted.

(I)

Condition 5 of Council's Negotiated Decision Notice issued on 25 May 2010 be deleted.

(J)

Additional condition be included 3.2

(K)

Wednesday 06 August 2014

All payments required to be made to the Council (including contributions, charges and bonds) pursuant to any condition of this approval or the Adopted Infrastructure Charges Notice must be made prior to the issue of a building permit (if no building permit is required then prior to the commencement of the use) and at the rate applicable at the time of payment.

Additional advice clauses be included (i)

(j)

That an Adopted Infrastructure Charges Notice be issued for the following infrastructure Charges for: Current Infrastructure Charge Rate Amount of Charge Augmentation of the Road Network Contributions (Arriga)

10.58 x standard road contribution

$44,118.60

2014/15 standard road contribution is $4,170

TOTAL CURRENT AMOUNT OF CHARGE 3.

$40,740.90

A Notice of Council’s decision be issued to the applicant and the Department of State Development Infrastructure and Planning, State Assessment and Referral Agency (SARA) via email CairnsSARA@dsdip.gov.au advising of Council’s decision”. Page 29

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THE SITE The subject land is described as Lot 113 on SP214842, Parish of Culgar, having an area of 152.8 hectares. The subject site is located off Springmount Road, Arriga, and approximately 15 kilometres southwest of Mareeba. Springmount Road is constructed to bitumen sealed/asphalt standard for the entire frontage of the subject land. The subject site is vacant, flat and relatively unconstrained by natural or physical features (vegetation, watercourses etc). A small area of remnant 'not of concern' regional ecosystem remains within the southern portion of the site. A Powerlink transmission line traverses the site within Easement A on HG699 in a roughly northsouth direction and a SunWater irrigation channel borders the siteâ&#x20AC;&#x2122;s western boundary. All neighbouring allotments are zoned Rural under the Mareeba Shire Planning Scheme. Properties in the general locality are used for a variety of land uses including the Springmount Waste Management Facility, Tableland Mill, Lotus Glen Prison, the recently developed Springmount Park rural residential estate and a wide range of agricultural/grazing pursuits.

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BACKGROUND AND CONTEXT On the 3 March 2010 Council approved an application made by Conics (Cairns) Pty Ltd on behalf of Springmount Drag Racing Association Inc. for the issue of a development permit for material change of use of land described as Lot 13 on SP103361 (Proposed Lot 113 on SP214842), Parish of Culgar, situated at Springmount Road, Arriga, for the purpose of an Outdoor Sport and Entertainment Facility (Drag Strip). The approval was granted subject to various conditions. RPS Town Planning Consultants, acting on behalf of Springmount Drag Racing Association Inc, made representations to Council in relation to several conditions of the approval. A Negotiated Decision Notice was approved by Council on 19 May 2010. The development has not commenced and will be deemed to have lapsed on 25 June 2014 unless the relevant period is extended beyond this date. RPS Australia East Pty Ltd acting on behalf of the applicant has subsequently lodged the following requests (Attachment 2): 

to extend the relevant period for a further four (4) years from 25 June 2014 to 25 June 2018; and



Mareeba Shire Council - Agenda

Wednesday 06 August 2014

The applicant advises that works for the drag strip are hoped to commence in the near future and that the requested extension and changes will facilitate this commencement.

ASSESSMENT AND DECISION REQUIREMENTS Permissible change for a development approval The requested changes to the development approval must constitute a permissible change under section 367 of SPA. For deciding whether a change is a permissible change the planning instruments in force at the time of the request apply. A permissible change to the approval would not:

result in a substantially different development Statutory Guideline 06/09 (Substantially different development when changing applications and approvals) provides assistance to the assessment manager in determining if a proposed change constitutes a substantially different development. The following list provided in the Statutory Guideline identifies changes that may result in a substantially different development and would therefore not be a permissible change under SPA. The list is intended as a guide and is not intended to be exhaustive. A change may result in a substantially different development if the proposed change: Involves a new use with different or additional impacts Results in the application applying to a new parcel of land Dramatically changes the built form in terms of scale, bulk and appearance Changes the ability of the proposal to operate as intended Removes a component that is integral to the operation of the development  Significantly impacts on traffic flow and the transport network, such as increasing traffic to the site Introduces new impacts or increases the severity of known impacts  Removes an incentive or offset component that would have balanced a negative impact of the development Impacts on infrastructure provision, location or demand. It is considered that the proposed changes to Condition 3.4 Noise Nuisance and the Approved Plans (deletion of Figure 2 Proposed Noise Barriers) will result in a substantially different development. The changes to Condition 3.4 Noise Nuisance and the Approved Plans (deletion of Figure 2 Proposed Noise Barriers) would:   

Remove a component that is integral to the operation of the development Introduce new impacts or increase the severity of known impacts Remove an incentive or offset component that would have balanced a negative impact of the development

The proposed changes to Condition 3.8 Signage, Condition 4.4 Water Quality, Condition 4.5 Earthworks, Condition 4.6 Car Parking/Internal Driveways, Condition 4.7 Landscaping and Condition 5 Roadwork's Contribution are considered to be permissible changes. 

require referral to additional concurrence agencies Page 32

Mareeba Shire Council - Agenda

Wednesday 06 August 2014

The proposed change does not result in a development requiring referral to additional concurrence agencies. 

for an approval for assessable development that previously did not require impact assessment – require impact assessment The proposed change does not result in a change to the level of assessment.



for an approval for assessable development that previously required impact assessment – be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstance allowed The original development application was Impact Assessable and attracted 892 submissions. Only 245 of the 892 submissions were properly made for the purposes of the SPA. Of the properly made submissions, 243 were in support of the development, one (1) was from SunWater asking for certain requirements and one (1) was opposed to the development for numerous reasons including the potential for noise nuisance (Attachment 3). The submitter opposed to the development was sent a copy of the negotiated decision notice in May 2010 which included the extensive noise nuisance condition (Condition 3.4). Whilst no submitter appeal was lodged, the proposed change to Condition 3.4 does lessen or delete conditions which were imposed to mitigate impacts of the development and would disadvantage this original submitter. The proposed change to Condition 3.4 Noise Nuisance and the Approved Plans (deletion of Figure 2 Proposed Noise Barriers) does give rise to matters which may have attracted further submissions objecting to the proposed change, if the circumstance allowed. Given the hypersensitivity of many in the community to the predicted noise impacts of the proposed wind farm it could be reasonably expected that some in the community would probably object to the lessening/deletion of the noise condition.



cause development to which the approval relates to include any prohibited development. The proposed change does not include any prohibited development.

It is considered that the effect of the proposed changes to Condition 3.4 Noise Nuisance and the Approved Plans (deletion of Figure 2 Proposed Noise Barriers) will result in a substantially different development and do not constitute a permissible change. The proposed changes to Condition 3.8 Signage, Condition 4.4 Water Quality, Condition 4.5 Earthworks, Condition 4.6 Car Parking/Internal Driveways, Condition 4.7 Landscaping and Condition 5 Roadworks Contribution are considered to be permissible changes. Assessment rules Section 374 of SPA requires that Council must assess the proposed change having regard to: 

the information the person making the request included with the request The details of the request to change the approval were provided by RPS Australia East Pty Ltd on behalf of the applicant in a letter to Council dated 18 June 2014. The proposed changes and response are addressed in the body of this report. Page 33

Mareeba Shire Council - Agenda



Wednesday 06 August 2014

the matters the responsible entity would have regard to if the request were a development application If a new application was lodged for this proposal it would be assessed against generally the same planning instruments as was the original development application. Applicable Planning Instruments 

Mareeba Shire Planning Scheme 2004 The application was assessed and approved under the Mareeba Shire Planning Scheme 2004. This Planning Scheme remains in force.



Far North Queensland Regional Plan 2009-2031 The State Regulatory Provisions for the Far North Queensland Regional Plan 20092031 placed the subject land into the Regional Landscape and Rural Production Area. Development Approval MCU/09/0034 is not considered to be inconsistent with the Regional Plan.



State Planning Policies State Planning Policy - December 2013 consolidates most of the former separate state planning policies into a single document. The areas of state interest that would be applicable to a new development application are not significantly different to those applicable to the original development application. The changed development is not considered to conflict with State Planning Policy December 2013.

Infrastructure Charges/Contributions Should Council agree to any of the proposed changes, it will also be necessary to delete the existing infrastructure contribution condition (Condition 5) and issue the applicant with an Adopted Infrastructure Charges Notice for equivalent infrastructure charge. 

if submissions were made about the original application – the submissions The original development application was Impact Assessable and attracted 892 submissions. Only 245 of the 892 submissions were properly made for the purposes of the SPA. Of the properly made submissions, 243 were in support of the development, one (1) was from SunWater asking for certain requirements and one (1) was opposed to the development for numerous reasons including the potential for noise nuisance (Attachment 3). The submitter opposed to the development was sent a copy of the negotiated decision notice in May 2010 which included the extensive noise nuisance condition (Condition 3.4). No submitter appeal was lodged. A substantial weakening of Condition 3.4 as suggested under the proposed change would significantly disadvantage this original objector. Page 34

Mareeba Shire Council - Agenda



Wednesday 06 August 2014

any notice about the request given under section 373 (notices from Concurrence Agencies) to the entity The original application triggered referral to the Department of Natural Resources and Mines and the Department of Transport and Main Roads as Concurrence Agencies. Following recent State Government planning reforms, on 1 July 2013 the State Assessment and Referral Agency (SARA) was introduced in order to better manage the State's involvement in the assessment of development applications for which a state agency has jurisdiction (Concurrence and Advice Agencies). Under these changes, the Department of State Development, Infrastructure and Planning became the single assessment manager or referral agency for these development applications. No response to the request for extension and change was received from the Department of State Development, Infrastructure and Planning.



any pre-request response notice about the request No pre-request response notices were received.

REQUEST TO CHANGE THE DEVELOPMENT APPROVAL Approved Plans (B)

APPROVED PLANS The approved plans and/or documents for this development approval are listed in the following table: Plan/Document Number 102256-1 A Figure 2

Plan/Document Title Proposed Strip Location Proposed Noise Barriers

Prepared by

Dated

Conics (Cairns) Pty Ltd Conics (Cairns) Pty Ltd and Ron Rumble Consultants

29/9/09

Date received by Council 2 Oct 2009

8/5/09

23 Feb 2010

Request by Applicant Initially, this submission requests an extension to the relevant period of the subject approval by a further four (4) years, up to 25 June 2018. It is submitted however that works are very close to commencing, with a deal signed earlier this month to enable construction to get underway in July/August 2014. The deal which has been signed has been based on some changes to the facility however, namely the removal of expensive lighting, thereby limiting racing events to daytime hours, and the associated removal of expensive noise attenuation barriers which are considered to be negated by the reduced hours of the activity. A revised Site Plan, RPS Drawing No. 10256-1F, showing the removal of noise barriers, as well as a relocated track position, is included as Appendix 2. In addition to the elimination of night racing, it is proposed to reduce the total number of race meetings from 34 to 12.

Page 35

Mareeba Shire Council - Agenda

Wednesday 06 August 2014

Under the new proposed arrangement, use of the facility would be limited to 12 Saturday race meetings per year, running between the hours of 9am and 5pm, without the use of noise barriers. Notwithstanding the proposed elimination of noise barriers, this significant reduction in the frequency and hours of the activity is considered a far superior outcome in terms of noise impacts to that of the previous, approved arrangement. This view is supported by the following extract from the Noise Impact Study prepared by Ron Rumble Renzo Tonin for the original application: " ... the noise impact to nearby residences is difficult to control. The noise impact due to motorsport facilities near to residences can be complex and relates to the character and rate of occurrence of the noise. To minimise the risk of perceived noise impacts as far as practical the Council should ensure that the rate of occurrence is controlled as per the recommendations described in Section 7. 6." Section 7.6 of the report goes on to state: "This study has determined that the noise emissions from the worst case noise emissions would be difficult to control and noise barriers would need to be excessively high to provide enough attenuation for noise emissions to comply with noise limits. However it would be possible to control the rate of occurrence. To minimise the risk for the potential of perceived noise impact by nearby residences it is recommended that Council ensure that the following is clearly documented in development conditions: • •

The proposed operating hours and frequency of drag racing activity as stated in this report; Request that the operator of the proposed development provide to Council and nearby residents with a schedule of upcoming events to be conducted at the site. It is recommended that a monthly or 3 monthly schedule is mailed to nearby residences and Council."

As identified above, limitations to the rate of occurrence are deemed to be more effective than the use of barriers, therefore the proposed changes are considered to represent a better outcome from a noise impact perspective. Should it be proposed to revise operating hours or the nature of the use in the future, a further change to the approval would be necessary, at which stage a new assessment of noise impacts would be undertaken. By supporting the requested changes, Council will be encouraging the establishment of an important facility, none of which exist north of Mackay, and which will have the following benefits for the region: •

Significant social and road safety benefits by providing the region's motoring enthusiasts with a legal and safe venue to indulge in their passion, as well as driver training/education opportunities; and

•

Significant economic benefits to the Mareeba district by providing an "attractor" which will see hundreds, if not thousands, of people travel to the area on a relatively regular basis.

We note that the project has the support of local police, as well as State and Federal Government representatives.

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In light of the above proposal, the following changes to the approval are sought: (B)

APPROVED PLANS The approved plans and/or documents for this development approval are listed in the following table: Plan/Document Number 102256-1 AF Figure 2

Plan/Document Title Proposed Drag Strip Location Proposed Noise Barriers

Prepared by

Dated

Conics (Cairns) Pty Ltd RPS Conics (Cairns) Pty Ltd and Ron Rumble Consultants

29/9/09 29/5/2014 8/5/09

Date received by Council 2 Oct 2009 23 Feb 2010

Response As outlined previously in this report, the change to the approved plans (deletion of Figure 2 Proposed Noise Barriers) would:   

Remove a component that is integral to the operation of the development; Introduce new impacts or increase the severity of known impacts; and Remove an incentive or offset component that would have balanced a negative impact of the development.

The proposed change would result in a substantially different development. The proposed change to the approved plans (deletion of Figure 2 Proposed Noise Barriers) does give rise to matters which may have attracted further submissions objecting to the proposed change, if the circumstance allowed. Given the hypersensitivity of many in the community to the predicted noise impacts of the proposed wind farm it could be reasonably expected that some in the community would probably object to the lessening/deletion of the noise condition. It is recommended that the approved plans be amended to include the updated Drawing 102256-1F, but Figure 2 Proposed Noise Barriers be retained as follows: (B)

APPROVED PLANS The approved plans and/or documents for this development approval are listed in the following table: Plan/Document Number 102256-1 AF Figure 2

Plan/Document Title Proposed Drag Strip Location Proposed Noise Barriers

Prepared by

Dated

Conics (Cairns) Pty Ltd RPS Conics (Cairns) Pty Ltd and Ron Rumble Consultants

29/9/09 29/5/2014 8/5/09

Page 37

Date received by Council 2 Oct 2009 23 Feb 2010

Mareeba Shire Council - Agenda

Wednesday 06 August 2014

Condition 3.4 Noise Nuisance 3.4

Noise Nuisance 3.4.1

The drag strip may host racing of vehicle classes up to and including Super Charged Outlaws. Supercharged Outlaws or any other vehicle must not exceed the noise levels nominated in Appendix B of the Noise Impact Study (7644RPT - REV0.doc) prepared by Ron Rumble dated 30 September 2009. Any vehicle/s or class of vehicle, which exceeds the noise levels nominated for Supercharged Outlaws in Appendix B of the Noise Impact Study (7644RPT REV0.doc) prepared by Ron Rumble dated 30 September 2009, are not permitted to race or test at the facility.

3.4.2

Frequency of meetings and hours of operation (i)

Fortnightly street meetings between 1:00pm and 9:00pm. Racing will primarily consist of street cars.

(ii)

Eight meetings per year which will occur on the weekend between 1pm and 11:00pm. A maximum of two (2) of these meeting may host racing of vehicle classes up to Supercharged Outlaws. The other six meetings will host racing of vehicle classes up to Super Sedan and Pro Stock. The race meetings must be scheduled such that racing is concluded by 10:00pm.

3.4.3

(iii)

The two (2) Supercharged Outlaws race meetings must be separated by at least three months.

(iv)

No testing of any vehicles is permitted at the facility outside the race meetings specified in (i) and (ii) above.

Racing of vehicle classes must be evenly distributed from the noisier Supercharged Outlaws to quieter bikes.

3.4.4 (i)

Fortnightly Street Meetings (a)

For street cars which do not produce noise levels in excess of the Environmental Protection (Noise) Policy limits - race frequency must not exceed an average of thirty (30) races per hour and noisier activity must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing).

(b)

For other classes of vehicles with a source noise level not exceeding 68dBA LAmax at 450m - race frequency must not exceed an average of six (6) races per hour and noisier activity must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing).

(ii) Full Meetings (a)

For street cars and other classes of vehicles with a source noise level not exceeding 68dBA LAmax at 450m - race frequency must not exceed an average of thirty (30) races per hour and noisier Page 38

Mareeba Shire Council - Agenda

Wednesday 06 August 2014

activity must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing) - Maximum of eight (8) meetings per year. (b)

3.4.5

Noise Attenuation Measures (i)

The following noise attenuation measures consisting of a combination of earth mounds and acoustic fences shall be implemented prior to the commencement of drag racing on the site:     

3.4.6

For classes of vehicles with a source noise level exceeding 68dBA LAmax at 450m up to and including Supercharged Outlaws - There will be a maximum of six (6) races per hour and noisier activity must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing) - Maximum of two (2) meetings per year.

Barrier A: A 5m earth mound along the north eastern side of the staging area, hill extending to the southern corner of the car park. Barrier B: A 2m high earth mound joining the south eastern end of Barrier A. Barrier C: A 5m high earth mound located near to the channel boundary. Barrier D: A 2m earth mound joining the south eastern end of Barrier C. A 6m high solid concrete tower will be constructed behind the starting grid.

(ii)

1.8m high lapped timber paling acoustic fences (15mm thick palings) shall be constructed on top of each earth mound for the full length of the mound. The inside face of the acoustic fences (facing the drag strip) must be treated with acoustic absorption consisting of perforated zincalume or colorbond mounted to the face of the fence on top hat sections with 75mm thick insulation in the cavity. The insulation must have a density of 32kg/m3 or greater.

(iii)

To ensure that the noise barrier is not compromised by providing access through the barrier near the start line light tree, entrance to the Hill and Stand area from the car park must be either around the north-west end of the noise barrier adjacent to the access road or via gates located near the southern corner of the car park. Gates provided at the southern corner of the car park would need to be closed once racing commences.

(iv)

All earth mounds and acoustic fencing shall be located in accordance with Figure 2 of Noise Impacts - Response to Council RFI prepared by Ron Rumble Consultants dated 23 February 2010. The RL levels indicated on Figure 2 are the top of the acoustic fences.

The operator of the proposed development is to provide Council and those nearby residents within a 5 kilometre radius of the drag strip, with a schedule of upcoming events to be conducted at the site. The schedule is to be provided every three (3) months and is to be mailed to nearby residents and Council.

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Mareeba Shire Council - Agenda

3.4.7

Wednesday 06 August 2014

The on site public address system must comply with the following: 

Numerous small speakers must be installed rather than fewer large speakers.



Speakers must be no greater than five metres from listeners to provide adequate coverage.



Speakers must be directional and generally face away from nearby residences and preferably towards the ground.



Management must purchase a high quality sound level meter to monitor source noise levels to ensure compliance with the levels specified in Table 14 of the Noise Impact Assessment prepared by Ron Rumble Consultants dated 30 September 2009.

3.4.8

The noise levels for mechanical plant must comply with the appropriate limits described in Table 15 and Table 16 of the Noise Impact Assessment prepared by Ron Rumble dated 30 September 2009.

3.4.9

Operational Requirements (a)

Within three months of the site becoming operational, a site compliance assessment and certification is to be to be carried out by an appropriately qualified acoustic consultant to verify that fortnightly race meetings (consisting primarily of street cars) comply with the requirements and limits of the Environmental Protection (Noise) Policy. This assessment and certification is to be submitted to Council for consideration within three (3) months of the approved use becoming operational.

(b)

Should the fortnightly race meetings (consisting primarily of street cars) fail to comply with the requirements and limits of the Environmental Protection (Noise) Policy, race meetings will be restricted to a maximum of one (1) meeting per month until compliance with the requirements and limits of the Environmental Protection (Noise) Policy is certified.

(c)

The noise levels of Supercharged Outlaw race meetings must not exceed the predicted noise levels at nearby residences established in Proposed Drag Racing Facility - Noise Impacts - Response to Council RFI prepared by Ron Rumble Consultants dated 23 February 2010.

(d)

A method is to be established for complaints management, including but not limited to the public notification of future events, establishment of a complaints telephone number and public notification of that number for use during events, complaint management procedures on receipt of a complaint such as identification of any particular circumstances and notification of Council on the actions taken.

(e)

Any complaints received by Council regarding the approved use with regards to noise, will have to be assessed by an independent acoustic consultant at the cost to the facility operator, when requested by Council. The complaints shall be assessed against the conditions of approval and the Environmental Protection (Noise) Policy at the next race meeting.

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A $10,000.00 unconditional bank guarantee in favour of Council shall be provided by the operator prior to the first race meeting to ensure compliance with this condition. Request by Applicant Refer to representations for Approved Plans. The following change is sought: 3.4

Noise Nuisance 3.4.1

3.4.2

Frequency of meetings and hours of operation (i)

Fortnightly street meetings between 1:00pm and 9:00pm. Racing will primarily consist of street cars.

(ii)

Eight 12 meetings per year which will occur on the weekend between 1pm 9am and 11:00pm 5:00pm. A maximum of two (2) of these meeting may host racing of vehicle classes up to Supercharged Outlaws. The other six meetings will host racing of vehicle classes up to Super Sedan and Pro Stock. The race meetings must be scheduled such that racing is concluded by 10:00pm.

3.4.3

(iii)

The two (2) Supercharged Outlaws race meetings must be separated by at least three months.

(iv)

No testing of any vehicles is permitted at the facility outside the race meetings specified in (i) and (ii) above.

Racing of vehicle classes must be evenly distributed from the noisier Supercharged Outlaws to quieter bikes.

3.4.4 (i)

Fortnightly Street Meetings (a)

(b)

For other classes of vehicles with a source noise level not exceeding 68dBA LAmax at 450m - race frequency must not exceed an average of six (6) races per hour and noisier activity Page 41

Mareeba Shire Council - Agenda

Wednesday 06 August 2014

must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing). (ii) Full Meetings

3.4.5

(a)

For street cars and other classes of vehicles with a source noise level not exceeding 68dBA LAmax at 450m - race frequency must not exceed an average of thirty (30) races per hour and noisier activity must only occur for up to 1 minute for each race (i.e. burnout, preparing at start and racing) - Maximum of eight (8) meetings per year.

(b)

Noise Attenuation Measures (i)

(ii)

(iii)

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3.4.6

3.4.7

The on site public address system must comply with the following: 

Numerous small speakers must be installed rather than fewer large speakers.



Speakers must be no greater than five metres from listeners to provide adequate coverage.

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Speakers must be directional and generally face away from nearby residences and preferably towards the ground.



3.4.8

The noise levels for mechanical plant must comply with the appropriate limits described in Table 15 and Table 16 of the Noise Impact Assessment of the Noise Impact Assessment prepared by Ron Rumble dated 30 September 2009.

3.4.9

Operational Requirements (a)

(b)

(c)

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The complaints shall be assessed against the conditions of approval and the Environmental Protection (Noise) Policy at the next race meeting. A $10,000.00 unconditional bank guarantee in favour of Council shall be provided by the operator prior to the first race meeting to ensure compliance with this condition. Response As outlined previously in this report, the change to Condition 3.4 Noise Nuisance would:   

The proposed change would result in a substantially different development. The proposed change to Condition 3.4 Noise Nuisance does give rise to matters which may have attracted further submissions objecting to the proposed change, if the circumstance allowed. Given the hypersensitivity of many in the community to the predicted noise impacts of the proposed wind farm it could be reasonably expected that some in the community would probably object to the lessening/deletion of the noise condition. The proposed change to Condition 3.4 is not a permissible change.

Condition 3.8 Signage 3.8

Signage Signage is to be in accordance with the following: (i)

Signs must not exceed 2.4 metres x 1.2 metres or a maximum area of 2.9m2;

(ii)

No more than 2 signs shall be erected on the site, and are to be visible from Springmount Road;

(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.

Request by Applicant Given the nature of the use, some large onsite signage will be necessary. The primary consideration should be that signage does not dominate the site at the road frontage. The following change is sought:

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Signage Signage is to be in accordance with the following: (i)

Signs must not exceed 2.4 metres x 1.2 metres or a maximum area of 2.9m2;

(ii)

No more than 2 signs shall be erected on the site on the, and are to be visible from Springmount Road frontage;

(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.

Response There is no objection to the applicant's proposed change to Condition 3.8. The restriction on Springmount Road sign numbers will remain. It is recommended that Condition 3.8 be amended as follows: 3.8

Signage Signage is to be in accordance with the following: (i)

Signs must not exceed 2.4 metres x 1.2 metres or a maximum area of 2.9m2;

(i)(ii) No more than 2 signs shall be erected on the site on the, and are to be visible from Springmount Road frontage; (ii)(iii)The signage must be kept clean, in good order and safe repair for the life of the approval; (iii)(iv)

Signage must be removed when no longer required; and

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

Condition 4.4 Water Quality 4.4

Water Quality 4.4.1

Prior to the issue of a Development Permit for Operational Works or Building Works, an Erosion and Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the â&#x20AC;&#x153;Soil Erosion and Sedimentation Control Guidelinesâ&#x20AC;? (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer.

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4.4.2

The installation of suitable trash screens and pollutant traps are required to restrict entry of trash and pollutants onto SunWater land.

4.4.3

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.

4.4.4

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

Request by Applicant Earthworks will generally be limited to the construction of the track itself. A full Operational Works application is considered unnecessary provided that stormwater and erosion and sediment impacts are addressed. The following change is sought: 4.4

Water Quality 4.4.1

Prior to the issue of a Development Permit for Operational Works or Building commencement of earthworks Works, an Erosion and Sediment Control Implementation and Management Plan prepared and certified by a suitably qualified person or Registered Professional Engineer Queensland (RPEQ) must be submitted to Council. The plan is to comply with the â&#x20AC;&#x153;Soil Erosion and Sedimentation Control Guidelinesâ&#x20AC;? (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer.

4.4.2

The installation of suitable trash screens and pollutant traps are required to restrict entry of trash and pollutants onto SunWater land.

4.4.3

4.4.4

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

Response There is no objection to the applicant's proposed change to Condition 4.4. The intent of the condition remains unchanged as an Erosion and Sediment Control Implementation and Management Plan will still be required before the commencement of earthworks. It is recommended that Condition 4.4 be amended as follows: 4.4

Water Quality 4.4.1

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must be submitted to Council. The plan is to comply with the “Soil Erosion and Sedimentation Control Guidelines” (Institute of Engineers Australia 1996) and the Queensland Urban Drainage Manual 1992, to the satisfaction of Council's delegated officer. 4.4.2

The installation of suitable trash screens and pollutant traps are required to restrict entry of trash and pollutants onto SunWater land.

4.4.3

4.4.4

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

Condition 4.5 Earthworks 4.5

Earthworks As part of a subsequent application for Operational Works, an earthworks plan is to be submitted, prepared by a suitably qualified RPEQ demonstrating compliance with the Filling and Excavation Code including the following detail: 

Maintenance of access roads to and from the site such that they remain free of all fill material and are cleaned as necessary;



Preservation of all drainage structures from the effects of structural loading generated by the earthworks; and



Protection of adjoining properties and roads from ponding or nuisance from stormwater.

All site earthworks, drainage and pavement construction are to be designed and supervised by a RPEQ. Testing is to be carried out by NATA Registered Laboratories and results submitted as part of the As Constructed information. The Supervising Engineer must submit a certificate demonstrating that all work has been satisfactorily completed to the quality control criteria for the site and in accordance with AS3798 (as amended). Request by Applicant Earthworks will generally be limited to the construction of the track itself. A full Operational Works application is considered unnecessary given other conditions which include particular requirements for stormwater management and erosion and sediment control to ensure that no adverse impacts result from the proposed works. It is requested that Condition 4.5 be deleted. Response There is no objection to the deletion of this condition. The Mareeba Shire Planning Scheme 2004 will ultimately determine whether the earthworks require operational works approval. Page 47

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The need for operational works approval will be assessed when full details of the proposed earthworks are established. Condition 4.6 Car Parking/Internal Driveways 4.6

Car Parking/Internal Driveways The developer must ensure that the development is provided with sufficient on-site car parking spaces which are available for use solely for the parking of vehicles associated with the use of the premises. All car parking spaces must be constructed to at least compacted gravel standard, clearly identifiable and appropriately drained prior to the commencement of the use, to the satisfaction of Council's delegated officer. Prior to works commencing, the developer must submit engineering plans and specifications for the construction of proposed car parking facilities and internal driveways demonstrating: 

Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; and



Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.

Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; and

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Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.

Trees that will grow to provide shade are to be planted throughout the car park area and around its perimeter at the rate of one (1) tree per ten (10) car parking spaces or part thereof. A suitable dust suppressant shall be used as necessary to ensure that dust generation from all entrances, internal roadways and parking areas does not cause a nuisance off site. Response There is no objection to the amendment of this condition. The reuse of the established workers camp car park is supported and as such it would be difficult to retrofit trees throughout this car park. If shade is to be provided as part of this development, it would be a far better outcome for it to be provided in the designated spectator areas. It is recommended that Condition 4.6 be amended as follows: 4.6

Compliance with Australian Standard AS2890:1 Off Street Parking – Car Parking Facilities; and



Compliance with Australian Standard AS1428:2001 – Design for Access and Mobility.

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Condition 4.7 Landscaping 4.7

Landscaping (a)

Prior to the issue of the Development Permit for Operational Works or Building Works, a landscape plan must be prepared for the site and submitted to Council's delegated officer for consideration and approval.

(b)

The landscaping of the site must be carried out in accordance with an endorsed landscaping plan, and irrigated, mulched and maintained to the satisfaction of Council's delegated officer.

(c)

The landscaping of the site must be carried out in accordance with Mareeba Shire Planning Scheme Policy 9 - Landscaping.

Request by Applicant Given the rural location of the site, landscaping is considered unnecessary and will simply add an additional cost burden to this project. It is requested that Condition 4.7 be deleted. Response Condition 4.7 is considered to be a reasonable requirement for this development. The condition does not call for any specific landscaping, nor is it intended for the subject land to be extensively landscaped. This condition can be satisfied without significant cost burden. It is recommended that Condition 4.7 be amended as follows: 4.7

Landscaping (a)

Prior to the commencement of the use issue of the Development Permit for Operational Works or Building Works, a landscape plan must be prepared for the site and submitted to Council's delegated officer for consideration and approval.

(b)

The landscaping of the site must be carried out in accordance with an endorsed landscaping plan, and irrigated, mulched and maintained to the satisfaction of Council's delegated officer.

(c)

The landscaping of the site must be carried out in accordance with Mareeba Shire Planning Scheme Policy 9 - Landscaping.

Condition 5 Contributions/Headworks 5.

Contributions/Headworks Roadworks Contribution The developer must pay a contribution for roadworks to Council in accordance with Mareeba Shire Planning Scheme Policy 6 (Augmentation of the Road Network Contribution) of $62,700.00. Page 50

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The amount of the contribution shall be adjusted on 30th June each financial year in accordance with the Road Industry Construction Index. Request by Applicant It is requested that Council waive the roadworks contribution on this development as a way of providing financial assistance to the project. As mentioned above, the project will have significant economic and social benefits for the region, however funding remains a battle at this stage and assistance is being sought from all levels of government. It is not uncommon for sporting groups to be granted funding, and currently, no assistance is provided to motorsports in the region despite the large number of supporters and willing participants, not to mention the road safety benefits which can be gained by providing a legal venue such as this. Recently, Cairns MP Gavin King held a workshop to look at options for establishing such a facility in the region, and a unanimous decision was reached by the attendees to back the Springmount site as a future motorsport precinct for the region. This site will therefore be the focus of any future government funding and may evolve to become a significant facility (subject to Council approval) which will generate an increasing benefit in Mareeba Shire. At this stage, funding appears to be forthcoming from the State and Federal Governments, as well as Cairns Regional Council (despite the facility not being within their local government area, CRC see the broader regional benefits). To this end, assistance is also sought from Mareeba Shire Council in the form of a waiver of roadworks contributions to complement these other funding partners to see this important facility get off the ground. Response The applicant's request to waive Condition 5 Roadwork's Contribution ($62,700.00 in 2010) is not supported. The contribution amount already factors in a 50% discount for the infrequent use of the drag strip. Notwithstanding the infrequent use, the drag strip is expected to generate significant traffic movements when in operation. The following provides the basis for the road contribution amount: Council Design office staff have identified upgrade works required to be constructed on Chettle Road/Springmount Road/Granite Creek causeway to improve the roads capacity to 3000 vehicles per day. The summary of costs is as follows: Granite Creek Crossing Chettle/Springmount Road intersection Road Widenings Springmount Road Total

$215,500 $87,700 $219,000 $522,500

It is proposed the upgrade is necessary to support 2500 vehicle movements per day (based on an assumption that the road currently services 500 vehicle movements per day). Therefore a contribution of $209 per each additional vehicle movement is required ($522,500/2500).

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On the basis the construction of the motorsports facility will likely generate 2 * 300 vehicle movements per day (on race days) the proposed contribution is calculated as follows: Proposed contribution X = (2 * 300 * $209 * 50%) = $62,700.00 The 50% is a discount factor for the one day per week activity. Applying a 2% price adjustment to this contribution for each year since 2010 means that the present value of the contribution is approximately $67,868.50. Due to the proposed use only occurring at a maximum frequency of 1 day every 1.5 weeks under the current approval, Council may consider applying a further reduction to the charge. If 34 events are held per year instead of 52 events, the contribution could be reduced by 35%. The revised contribution would be approximately $44,118.60 or (10.58 x the current standard road contribution of $4,170.00). The augmentation of the road network contribution payable under Condition 5 will now be included in an Adopted Infrastructure Charges Notice. As such, the condition is redundant and should be deleted. Amended Condition/Advice Statements As an Adopted Infrastructure Charges Notice will be required to be issued, it is recommended that Condition 3.2 be amended as follows: Condition 3.2 3.2

The following additional advice clauses are recommended to be included: (i)

(j)

Extension to Relevant Period Section 388 of SPA requires that Council must have regard to: 

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. Page 52

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If a new application was lodged for this proposal it would be assessed against essentially the same planning instruments as was the 2009 development application, with the exception of the single State Planning Policy (SPP) which commenced on 2 December 2013. A new application for this proposal is unlikely to be in conflict with the intent of the SPP. Applicable Infrastructure Charges Development Approval MCU/09/0034 is not subject to fixed headworks/contributions. 

the community’s awareness of the development approval The original development application was Impact Assessable and attracted 892 submissions. Only 245 of the 892 submissions were properly made for the purposes of the SPA. Of the properly made submissions, 243 were in support of the development, one (1) was from SunWater asking for certain requirements and one (1) was opposed to the development for numerous reasons including the potential for noise nuisance (Attachment 3).



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 Impact Assessable and subject to public notification. Date Prepared:

27 July 2014

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ITEM-3

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APPLICATION FOR CONVERSION OF SPECIAL LEASE 52128 - LOT 8 ON HG836166, PARISH OF WESTERN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 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 to freehold of Special Lease 52128 over land described as Lot 8 on HG836166, Parish of Western, situated off Walsh River Road, Watsonville. The subject land is one of twelve long term leased allotments in Watsonville area without legal access via a gazetted road reserve. DNRM seeks Council's views on the conversion to freehold and 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 land described as Lot 8 on HG836166, Parish of Western subject to the land being provided with legal access via frontage to a gazetted road reserve prior to conversion, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the conversion to freehold of Special Lease 52128 over land described as Lot 8 on HG836166, Parish of Western, situated off Walsh River Road, Watsonville. The subject land has an area of 9.61 hectares and is located approximately 5.5 kilometres northeast of Watsonville, on the southern bank of the Walsh River. The existing lease is for rural residential purposes and the land has been improved with a dwelling house.

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The land does not have frontage to a gazetted road reserve, instead it is accessed via a gravel track which traverses unallocated State land (Lot 567 on OL57) before connecting to Walsh River Road. The absence of frontage to a gazetted road is common to all twelve leased allotments in the immediate vicinity. Following Council's ordinary meeting of 2 July 2014, a letter was sent to the Minister for Natural Resources and Mines requesting that urgent action be taken to resolve the long standing problem whereby leasehold allotments described as Lot 10 on HG651, Lot 2 on CP891168, Lot 8 on HG836166, Lot 9 on HG690, Lot 10 on CP889851, Lot 1 on PER4790, Lot 1 on PER4789, Lot 8 on HG686, Lot 4 on HG644, Lot 7 on HG647, Lot 1 on PER5540 and Lot 11 on CP860907, Parish of Western, Locality of Watsonville were created by previous State Governments without legal access via frontage to a gazetted road reserve. A response has not been received at the time of writing this report. DNRM has requested Council's views on the proposed conversion and whether Council has knowledge of any local 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. objection to the continued use of the land for rural residential purposes.

There is no

Whilst there is no objection in principle to the conversion of the special lease, the conversion must not occur until the subject land is provided with legal access via frontage to a gazetted road reserve. There are no known non-indigenous cultural heritage values associated with the 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 7 July 2014. Page 105

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Date Prepared:

9 July 2014

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ATTACHMENT 1

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ITEM-4

Wednesday 06 August 2014

APPLICATION FOR PURCHASE OF UNALLOCATED STATE LAND L112 ON HG744, PARISH OF DYNES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 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 purchase of unallocated state land described as Lot 112 on HG744, Parish of Dynes, situated at Bower Road, Mareeba. Should the application be successful, the proposed use of the land is grazing and animal husbandry. DNRM seeks Council's views on the proposed purchase and 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 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." BACKGROUND DNRM is currently considering an application for the purchase of land described as Lot 112 on HG744, Parish of Dynes, situated at Bower Road, Mareeba. The subject land 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. The land contains no notable improvements and remains extensively vegetated. DNRM advises that the intended use for the land is grazing and animal husbandry. DNRM has requested Council's views on the proposed purchase and 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. There is no objection to the future use of the land for grazing and general animal husbandry. The area of the subject land exceeds the Planning Scheme's desired minimum lot size for rural allotments. There are no known non-indigenous cultural heritage values associated with the 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 10 July 2014.

Date Prepared:

15 July 2014

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ITEM-5

Wednesday 06 August 2014

APPLICATION FOR PURCHASE OF UNALLOCATED STATE LAND - LOT 3 ON AP3453, PARISH OF WESTERN

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 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 purchase of unallocated state land described as Lot 3 on AP3453, Parish of Western, situated at Bischoff Mill Road, Watsonville. Should the application be successful, the proposed use of the land is grazing. DNRM seeks Council's views on the proposed purchase and 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 purchase of land described as Lot 3 on AP3453, Parish of Western, and further advise the Department of Natural Resources and Mines that there are no known non-indigenous cultural heritage values associated with the land." BACKGROUND DNRM is currently considering an application for the purchase of land described as Lot 3 on AP3453, Parish of Western, situated at Bischoff Mill Road, Watsonville. The subject land has an area of 5.5 hectares and has approximately 115 metres frontage to Bischoff Mill Road, all of which is unsealed. The north-eastern boundary of the subject land adjoins the Walsh River. A small structure exists in the north-eastern corner of the site overlooking the Walsh River. It is unclear if this structure is a dwelling house or shed. The majority of the site remains extensively vegetated. DNRM advises that the intended use for the land is grazing. DNRM has requested Council's views on the proposed purchase and whether Council has knowledge of any local non-indigenous cultural heritage values associated with the land.

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There is no

Whilst the area of the subject land is below the Planning Scheme's desired minimum 30 hectare lot size, its size is fairly typical of many other allotments found in the Watsonville locality. There are no known non-indigenous cultural heritage values associated with the 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 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 11 July 2014.

Date Prepared:

16 July 2014

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GRANTS AND CORPORATE AND COMMUNITY PLANNING ITEM-6

AERODROME SITE D TRANSFER

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Senior Land and Facilities Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY CN & MK McDonald have leased and operated a fuel distribution business from site D at the Mareeba Aerodrome since 2007. They are now negotiating the sale of the business to Aviation Refuellers Support Services and seek Council's approval to assign the lease. Clause 2.08 of the lease document allows for the transfer and this report provides information about the incoming lessee for Council's consideration. OFFICER'S RECOMMENDATION "That Council approves the assignment of lease on site D at the Mareeba aerodrome from CN & MK McDonald to Mr Andrew Robert Crouch as trustee for Aviation Refuellers Support Services Trust." BACKGROUND CN & MK McDonald have operated fuel distribution services from Atherton Aerodrome for many years and in 2007 commenced operating from Mareeba aerodrome as North East Air Fuel Distributors. They are now wishing to retire and are negotiating the sale of their businesses on both sites to Aviation Refuellers Support Services Trust. Mr Andrew Crouch (Trustee Aviation Refuellers Support Services) has operated fuel distribution businesses for the past 18 years. He commenced as the distributor of Shell Aviation Fuels at the Mount Isa Aerodrome and expanded this to the airports at Phosphate and Osborne Mines as well as the Cloncurry, Bamaga and Karumba airports. More recently, he has expanded his business further to include Cairns General Aviation and MacKay aerodrome. He also conducts training in refuelling, site auditing and installation consultancy. His business now employs 12 persons and is run to the highest quality control standards. These standards will be applied to the facility at Mareeba. LINK TO CORPORATE PLAN Not relevant at this time.

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CONSULTATION Internal Lyall Buhmann - Mareeba Aerodrome Operations Officer Glenys Pilat - Manager Community Well Being Jennifer McCarthy - General Manager Corporate & Community Services External Lilley, Grose & Long Solicitors for the lessee/vendor Andrew Crouch Trustee Aviation Refuellers Support Services Trust 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 2013/2014 budget? Nil If not you must recommend how the budget can be amended to accommodate the expenditure Nil IMPLEMENTATION/COMMUNICATION Chief Executive Officer to sign general consent form and return to Lessee's solicitors for action. ATTACHMENTS 1.

DWS Doc. No. 3573502 Letter from Lilley, Grose & Long including Form 18 General consent

Date Prepared:

25/7/2014

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FINANCE ITEM-7

MAYOR'S COMMUNITY APPEAL GIFT FUND

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICER’S TITLE: Manager Finance DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The purpose of this report is for Council to endorse the Mayor's Community Appeal Gift Fund Policy as to establish a gift fund that the Australian Tax Office recognises as a tax deductible gift recipient. OFFICER'S RECOMMENDATION "That Council: 1.

approve the establishment of the Mayor's Appeal necessitous circumstances fund to facilitate Council fundraising initiatives for people in need of financial support;

approve the establishment of a dedicated bank account for this fund;

agree to distribute funds raised through the Mayor's Christmas Appeal to third party organisations to determine the most eligible recipients of the Appeal proceeds according to strict eligibility criteria;

publicly call for nominations for organisations to receive donations from the Mayor's Christmas Appeal between July and October each year; and

approve the adoption of the MSC Mayor's Community Appeal Gift Fund Policy. "

BACKGROUND Local Government Authorities are not eligible to be endorsed as a DGR in their own right; instead they must apply for endorsement for specific funds, or institutions that they operate. To be endorsed as a DGR for the purpose of distributing funds to those in need, Council must first setup a necessitous circumstances gift fund. The fund must operate on a non-profit basis, must be a public fund, and gifts to the fund must be kept separate from any other funds of Council. The expression ‘necessitous circumstances’ refers to financial necessity; it does not extend to needs generally. Accordingly, the needs of the sick, incapacitated, aged, etc will not, on their own, constitute necessitous circumstances. A person will be in necessitous circumstances where his or her financial resources are insufficient to obtain all that is necessary, not only for a bare existence, but for a modest standard Page 133

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of living in the community. A strong indicator of this would be where a person’s level of income is such that they are eligible to receive income-tested government benefits. Other indicators are health needs (such as sickness or disability) as these non-financial needs can cause financial necessity, possibly through the need to obtain expensive medical treatments. It is not Council's core business to determine eligible recipients of the fund and therefore it is recommended that Council publicly call for nominations for organisations to receive donations from the Mayor's Christmas Appeal between July and October each year. From the nominations received, a list of organisations that meet the eligibility criteria will be presented to Council for consideration with final selection and approval by the Mayor. To be deductible, a gift made to this fund must be either:  A financial donation of more than $2;  Property that was purchased during the 12 months before the gift was made; or  Trading stock: trading stock disposed of outside the ordinary course of business. From a Tax perspective it should be noted that gifts must not provide a material benefit to the donor. Therefore, tickets to attend fundraising dinners or to purchase raffle tickets are not tax deductible. LINK TO CORPORATE PLAN COM 1 - Develop a community engagement strategy to encourage inclusiveness and partnerships within communities and a sense of common identity. COM 3 - Encourage the building of strong partnerships with community, private sector and government to as to build community capacity and develop strategies to encourage and support leadership and self-responsibility in the community. CONSULTATION Internal Director Corporate Services External Australian Taxation Office (ATO) LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS This report recommends the adoption of the Mayor's Community Appeal Gift Fund Policy. FINANCIAL & RESOURCE IMPLICATIONS NIL

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IMPLEMENTATION/COMMUNICATION 1. The policy will be communicated to all affected parties; 2. A bank account will be established; and 3. An application for the fund to obtain deductible gift recipient status will be submitted to the ATO. ATTACHMENTS 1.

Mayor's Community Appeal Gift Fund Policy (DW#2980631)

Date Prepared:

21 July 2014

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ITEM-8

Wednesday 06 August 2014

REVISED CHILD BURIAL FEES

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Cemeteries Officer DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY Council has received negative community feedback in relation to the recently adopted Cemeteries Fees and Charges, specifically relating to the abolition of burial charges for children. A workshop was held on Wednesday 16 July 2014, at which time Council officers were directed to investigate the reinstatement of these charges. OFFICER'S RECOMMENDATION "That Council adopt the revised Cemeteries Fees and Charges, reinstating burial charges for children." BACKGROUND In previous years Council has offered a child interment fee. During workshop discussions held on 7 May 2014 for the proposed Cemeteries Fees and Charges for 2014/15, it was agreed to discontinue the child interment fee. This decision was based on the rationale of deriving charges from the true cost of providing the relevant service. It was noted that the cost incurred by Council to perform a child interment equates to that of an adult. Following the adoption of the 2014/15 Fees and Charges on 1 July 2014, Council has received concerns from community groups and funeral directors regarding the removal of the child interment fee. The concern centres on the recent infant burial at the Kuranda Cemetery, with comparisons being made with Cairns Regional Council, who continue to offer reduced burial charges for children. It is proposed, on compassionate grounds, that Council reinstate the child burial fee. The relevant Land Plot and Interment fees will be calculated by a 50% reduction of those charged for an adult. A child is defined as a person under the age of 9 years. LINK TO CORPORATE PLAN Nil

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CONSULTATION Internal Cemeteries Officer Customer Service Coordinator Director Corporate and Community Services Manager Information Systems External Cairns Funeral Directors Kuranda Neighbourhood Centre LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) NIL POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION Schedule of fees and charges displayed on Council website and provided to external stakeholders. ATTACHMENTS Revised Cemeteries Fees and Charges 2014/2015. Date Prepared:

31 July 2014

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ITEM-9

Wednesday 06 August 2014

PROPOSED FEES ANIMAL MANAGEMENT 2014/2015

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Coordinator Environmental Health & Local Laws

DEPARTMENT:

Corporate and Community

EXECUTIVE SUMMARY As a consequence of Council's earlier resolution to no longer require the registration of cats, the schedule of fees for animal management now requires amendment. A number of other amendments relating to Animal Management, particularly impounding, are proposed. OFFICER'S RECOMMENDATION "That Council adopt the cost recovery fees for animal management as listed in the attached table to amend the 2014/2015 Schedule of cost recovery fees accordingly." BACKGROUND The fees set for the release of impounded animals (cats & dogs) incorporate an incentive to have cats and dogs registered. There are two fees set; one being lower than the cost for the release of a registered animal and one higher than the cost for the release of an unregistered animal. This scheme can continue for the release of impounded dogs but is no longer relevant to impounded cats. It is recommended that a separate fee be set, at cost, for the release of an impounded cat. The current cost to Council to impound and release a cat is $152.00; therefore, with the incentive to register removed, the fee would need to be no more than the cost. In addition to this proposed amendment, it is also requested that lesser fees be set for the release of other impounded animals such as poultry and small livestock. Currently when poultry or small livestock are impounded, the lesser fee of $70 for a registered animal (or registration not required) is being used. With the proposal to introduce separate fees for impounding of dogs and cats, another category is required to clarify fees for impounding poultry and small livestock. The impounding of poultry and small livestock such as sheep, goats and pigs is not common, however, when it does occur Councils Local Laws Officers and Customer Service Officers require some certainty in order to process the impounding notice and maintain transparency and accountability. A definition of small livestock has also been drafted as a note on the schedule to inform customers of the intent; meaning the animal can be transported in the local laws vehicles without the need to engage a livestock transporter. The attached schedule includes the proposed amendments highlighted in red font.

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LINK TO CORPORATE PLAN STRATEGIES: ENV2- Maintain a proactive response to public health and safety matters including incorporating CPTED (Crime Prevention Through Environmental Design) principles in town centres and commercial developments. CONSULTATION Internal Director Corporate and Community - Jennifer McCarthy Chief Executive Officer - Peter Franks Applications Support Officer - Joanne Shade External NIL LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Council must comply with section 97 of the Local Government Act in relation to cost recovery fees. POLICY IMPLICATIONS NIL FINANCIAL & RESOURCE IMPLICATIONS Operating It is not expected to make a significant change to the operational budget as the number of times these fees are used is low. IMPLEMENTATION/COMMUNICATION Inform the Customer Service Officers, Regulatory Support Officers, and Local Laws Officers of the changes to fees. Request assistance from the Applications Support Officer to update the charge controls and amend some of the events in property and rating system.

ATTACHMENTS 1.

Updated Animal Management and Impound Fees for Council Report 6 August 2014. Document No.

2983271.

Date Prepared:

23 July 2014

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GOVERNANCE AND COMPLIANCE ITEM-10

DEVELOPMENT AND GOVERNANCE GROUP QUARTERLY REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICER’S TITLE: Manager Development and Governance DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY This report presents the key activities and achievements of the Development and Governance Group for the April - June 2014 quarter. OFFICER'S RECOMMENDATION "That Council receive and note the quarterly report of the Development and Governance Group for April to June 2014." BACKGROUND The Development and Governance Group is comprised of the following Council service areas: Governance and Compliance Building and Plumbing Regional Land Use Planning Local Laws and Environmental Health Highlights and Significant Issues  The calling in of the Mt Emerald Wind Farm by the Deputy Premier and Minister for State Development, Infrastructure and Planning.  Consultant Paul King from MWA Environmental was on site on 17 June to undertake an inspection of the Myrteza Poultry Farm on Gilmore Road, an outcome of which will be the development of a methodology that can be utilised in the preparation of the new Mareeba Shire Planning Scheme and for the future assessment of all odour and dust issues arising from the operation of poultry farms within the Mareeba Shire.  Strategic planning workshop on 23 May 2014 and preparation of draft Corporate Plan.

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Governance and Compliance Main issues dealt with by the Governance and Compliance section during the quarter were as follows:  Development of the draft Corporate Plan for the 5 year period 2014-2019.  Coordination of the development of the 2014-15 Operational Plan.  Provision of assistance to the CEO with respect to de-amalgamation issues. A successful outcome was the advice received from the Minister that the purchase price of the Centrelink building in Atherton by the TRC is not a de-amalgamation cost. Mareeba Shire was, however, required to pay an amount of $267,837 towards the refurbishment and fit-out of the building. A submission has also been made to the Minister in relation to the split of the Financial Assistance Grant between the two Councils.  Policy development and review - work has continued on the review of policies carried over from the TRC and the development of new MSC policies. Advice was recently received from the LGAQ that as a result of the coming into force of the Crimes and Misconduct and Other Legislation Amendment Act 2014 from 1 July 2014, the Act imposes new obligations on Councils including the development of a Policy (in consultation with the Chairman of the Crimes and Corruption Commission).  Provision of assistance to the Insurance Officer with respect to the handling of insurance claims. Assisting the Manager Technical Services in relation to drainage issues on Anzac Avenue, Mareeba and a claim that has been made against Council for damage to a residence by stormwater infiltration. This matter is currently in the hands of Council's public liability insurers, LGM Qld.  CCTV - preparation of specification and quotation document and obtaining of quotations for the installation of two cameras at the Mareeba Skate Park. Discussions also held with the OIC Kuranda Police and the President of Kuranda Chamber of Commerce re installation of CCTV in Kuranda.  Development of a Report and Letter Writing training course for MSC staff members. This course was rolled out in July.  Review of Audit Committee policies, charters and terms-of-reference for adoption by Council and subsequent calling of Expressions of Interest for the position of independent chairperson.  Review of organisational stationery requirements as a prelude to calling for Quotations for supply of stationery for Council.  Involvement in MSC Logo Integration Group and providing design alternatives for consideration for various types of printed stationery, including letterhead, with compliments slips, business cards, presentation folders and name badges. This process is in futherance of MSC corporate branding.  Finalisation of artwork and arrangement for production of Council’s printed stationery including letterhead, with compliments slips and envelopes.  Research into options for dealing with the update of Council’s delegations and authorisations system which is a carryover from Tablelands Regional Council. Complaints Management The Governance and Compliance section has primary responsibility for collating, researching, consulting and managing the complaints process within Council. A review is being undertaken of Council’s Complaints Management Policy to ascertain whether it is correct in its structure and terminology and reflective of Council’s commitment to respond to complaints in an appropriate and timely manner.

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There were a number of complaints that carried over from the deamalgamation process with action required to research and consult prior to making a determination. To a greater extent these have been addressed in the first quarter of this calendar year. Details of complaints processed during the quarter ending 30 June 2014 are displayed in the table below: Complaints carried over from previous period (January to March 2014) Complaints lodged during reporting period (April to June 2014) Complaints finalised during reporting period (April to June 2014) Complaints still in process (not finalised) during reporting period (April to June 2014)

4 16 12 8

Building and Plumbing Building Approvals A total of 86 buildings approvals were issued for the quarter comprising 67 Council approvals and 19 Private Certification. The total value of all building approvals was $11,066,433. Average process time for Council approvals was 3 days.

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Regional Land Use Planning New Development Applications Twenty five development applications were lodged in the June quarter 2014 compared to twenty two lodged in the June quarter 2013. Development Applications received/approved during quarter: New Development Applications lodged

Decision Notices issued under delegated authority

Negotiated Decision Notices issued under delegated authority

Nil

Decision Notices issued (from Council Minutes)

Negotiated Decision Notices issued (from Council Minutes)

Nil

Extensions to relevant period issued

Change to existing Development Approval issued

Building Work approvals issued under delegated authority

Survey Plans endorsed

Notices issued under SPA

Nil

Planning Appeals and other Court proceedings

Nil

Mt Emerald Wind Farm On 11 June 2014, the Deputy Premier and Minister for State Development, Infrastructure and Planning called in the Mt Emerald Wind Farm application. The application reverted to the information and referral stage. Council posted the application documents to the Department of State Development, Infrastructure and Planning on 16 June 2014. The Department confirmed that these documents were received on 19 June 2014. On 11 June 2014, the Deputy Premier and Minister for State Development, Infrastructure and Planning issued the applicant with an information request.

Local Laws and Environmental Health Environmental Health The Environmental Health section responded to a total of 115 enquiries, complaints and service requests for the quarter relating to the following matters: Food Business Enquiry General Service Requests Health Nuisances (air, water, noise) Local Laws (Environmental Health) Public Health Page 153

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Notices Issued, Inspections Carried Out, Applications Processed Environmental Health Licensed premises inspected New Food applications Direction Notices - EPAct Local Laws Penalty Infringement Notices Issued Warning Letters issued Compliance Notices issued

66 17 2 76 55 94

Local Laws Local Laws Officers dealt with a total of 428 complaints and enquiries during the quarter relating to the following matters Animals enquiries - Dangerous dogs, noise, stray, traps, too many, Food General Enquiries Abandoned vehicles, Illegal Signs, Illegal Camping Overgrown allotments, roads Nuisances (backyard burning) Parking Temporary Entertainment Event Commercial Use of roads, parks enquiries

330 1 20 39 9 9 5 2 13

Impoundments A total of 52 animals were impounded for the quarter as follows: Cats Dogs

23 29

8.6% of impounded cats were claimed by their owners 17% of impounded cats were handed over to Friends of the Animals (FOTA) 65% of impounded cats were euthanized 24% of impounded dogs were claimed by their owners 3% of impounded dogs were handed over to FOTA 62% of impounded dogs were euthanized LINK TO CORPORATE PLAN GOV 5 - Conduct a work management systems and procedures review to develop an efficient organisation supported by cost effective work practices and systems ENV 2 - Maintain a proactive response to public health and safety matters including incorporating CPTED principles in town centres and commercial developments

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ENV 3 - Appropriate consideration is given to planning and development controls, design guidelines, traditional ownership and sustainable development principles when making planning decisions CONSULTATION Senior Planner Senior Building & Plumbing Officer Coordinator Environmental Health & Local Laws Governance & Compliance Adviser LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS NIL IMPLEMENTATION/COMMUNICATION Relevant information to be publicised in media. ATTACHMENTS Nil

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ITEM-11

Wednesday 06 August 2014

MAREEBA SHIRE COUNCIL SHOW HOLIDAY 2015

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: CEO DEPARTMENT:

Office of the Chief Executive Officer

EXECUTIVE SUMMARY Council has been contacted by the Attorney-General and Minister for Justice with regard to the declaration of a Show Holiday for 2015. Council is required to put in a request for the declaration of show holidays before the 5th September 2014. This report recommends the current situation where three separate dates are allocated across three separate areas of the Shire linking them to the Shows closest to them. OFFICER'S RECOMMENDATION "That Council request the Attorney-General and Minister for Justice to declare the following show holidays within the Mareeba Shire for 2015: 7 July 2015 for the parishes of Irvinebank, Myosotis and Western, which links to the Atherton Annual Show; 17 July 2015 for the Mareeba Shire Council area excluding the parishes of Irvinebank, Myosotis, Western, Mowbray, Salisbury, Riflemead and that part of the parish of Garioch located north of Hunter and Rifle Creeks, which links to the Cairns Annual Show; 20 July 2015 for the parishes of Mowbray, Salisbury, Riflemead and that part of the parish of Garioch located north of Hunter and Rifle Creeks, which links to the Mossman Annual Show. " BACKGROUND The Holidays Act 1983 provides for the declaration of a show holiday within a Local Government area and Council has been advised that if it wishes to have such a holiday/s declared, a request must be submitted to the State Government before 5th September 2014. As the Mareeba Shire does not have an Annual Agricultural, Horticultural or Industrial Show, it has previously linked these holidays to other Annual Shows in the region and has linked specific parishes to specific shows. Below is an extract from the State Government's Show Holiday listing for 2014 in which the various parishes have dates declared and to which shows they link. These holidays were declared by the State following a request made by the Tablelands Regional Council last year.

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8 July

Tablelands Region - that part of Mareeba district within the parishes of Irvinebank, Myosotis and Western; the communitites of Malanda, Atherton and Herberton and the districts of Ravenshoe, Mt Garnet, Millaa Millaa and Yungaburra.

Atherton Annual Show

18 July

Tablelands Region - Mareeba district excluding the parishes of Irvinebank, Myosotis, Western, Mowbray, Salisbury, Riflemead and that part of the parish of Garioch located north of Hunter and Rifle Creeks.

Cairns Annual Show

21 July

Tablelands Region - that part of the Mareeba district within the parishes of Mowbray, Salisbury, Riflemead and that part of the parish of Garioch located north of Hunter and Rifle Creeks.

Mossman Annual Show

CONSULTATION Internal Nil External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Council's request will be forwarded to the State Government. ATTACHMENTS 1.

Letter from the Attorney-General and Minister for Justice dated 3 July 2014.

Date Prepared:

22 July 2014

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ITEM-12

Wednesday 06 August 2014

COUNCIL'S PUBLIC LIABILITY INSURANCE RELATING TO COMMUNITY EVENTS

COVER

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Manager Development & Governance

DEPARTMENT:

Corporate and Community Services

EXECUTIVE SUMMARY The conduct of various community events in which Council has some involvement in the actual organisation and running of the events or for which financial support is provided, has raised the question of public liability insurance cover for such events. Council's public liability insurer, LGM Queensland, has very strict Scheme rules around the provision of liability coverage to bodies outside of Queensland local government. There exists a misconception that merely because a member Council is associated with an event, an "umbrella" liability cover applies to that event. This is not necessarily the case as cover extends only to the member Council as defined in the Scheme Rules and Wording. This report discusses the applicability of Council's LGM public liability insurance cover to events such as the Mareeba Multicultural Festival, the Great Wheelbarrow Race, the Kuranda Easter Festival and the Kuranda Day Festival and recommends actions to be taken by Council to ensure that appropriate cover is in place for these events. OFFICER'S RECOMMENDATION "That: 1. Council note the public liability insurance arrangements that are in place through the Tourism Kuranda Advisory Committee with respect to the conduct of the annual Kuranda Easter Festival and Kuranda Day Festival. 2. Subject to discussion with the Mareeba Multicultural Festival Committee and the Great Wheelbarrow Race Organising Committee, Council formally assume ownership and ongoing responsibility for the organisation and conduct of the annual Mareeba Multicultural Festival and the Great Wheelbarrow Race, and the existing Committee members of both Committees be appointed as volunteers to assist Council with the running of their respective events under the direction of Council's Events Officer. 3. All persons appointed as volunteers to assist with the running of the Multicultural Festival and the Great Wheelbarrow Race be provided the required induction and training. 4. The responsible Council officers ensure that risk assessments are carried out and documented for any significant events conducted by Council."

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BACKGROUND As part of its role in developing liveable communities, promoting community pride and encouraging participation in cultural and recreational activities, Council supports and participates in the organisation of a number of significant community events. Apart from the cultural and recreational benefits to the local communities, these events also have positive economic benefits and attract visitors and participants from other parts of Australia and some even from overseas. An integral component of the organisation and running of any event is the consideration of relevant risks, particularly issues of safety to persons attending the event as well as the public in general, and the necessity to have in place appropriate risk mitigation strategies backed up by public liability insurance cover to guard against those risks. Council is a member of LGM Queensland which was set up specifically to provide public liability and professional indemnity insurance cover to Queensland local governments. LGM Queensland is owned and operated by, and for the benefit of, Queensland local government and membership is therefore limited to local government and closely related bodies. The protection afforded by LGM membership is only for the benefit of the Member as defined in the Scheme Rules and Wording. There appears to exist, however, a general misconception that because a Council has some association with a community event or because the event is being held in or at a Council owned facility, the Council's public liability insurance coverage automatically extends to cover that event and all parties involved with the event. This is not necessarily the case. LGM Queensland has from time to time considered the general issue of providing liability coverage to other parties which are external to Queensland local government, however, they have consistently taken the view that LGM Queensland should not unnecessarily assume the liability of exposures of bodies which are outside of local government and over which local government does not have direct and genuine control. Having regard to the above and the fact that the protection afforded by LGM membership is for the benefit of LGM members only, the definition of Member as per the Scheme Rules and Wording needs to be considered. A Member means:  The Mayor, Chairman, Councillors, Board Members, Executives, Officers and Employees of the Member;  Members of any committee established by the Member under the Local Government Act or any other enabling legislation;  Welfare Organisations, Fire, Medical and Emergency Services and Voluntary Workers whilst acting within the scope of their duties for and on behalf of the Member. The two relevant categories of external persons who fall within the above definition are members of committees appointed by Council and voluntary workers. It should be noted that if a committee is not established by the Council under relevant legislation, the members of that committee are not entitled to protection from LGM. Legislated Committees under Local Government Act The Local Government Regulation 2012 provides that a Council may appoint standing committees, special committees and advisory committees. A standing committee is a committee constituted to deal with a particular area of the Council's jurisdiction on an ongoing basis whereas a special committee is one constituted to examine Page 162

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and/or deal with a particular specific subject or issue. Accordingly, standing committees exist indefinitely to deal with matters arising from time to time that fall within their jurisdiction. Special committees, on the other hand, are ordinarily dissolved once they have done the specific job assigned to them. King & Company, in their legal commentary on the Local Government Regulation 2012, note that in their experience, constitution of special committees is relatively rare in practice. Advisory committees, similar to special committees, are appointed to examine and/or deal with a specific subject or issue and provide advice and recommendations to Council. While it is not generally intended that they have ongoing operation or an indefinite lifespan, it is possible that some advisory committees can end up having an ongoing operation in practice because of the range of matters referred to them. Kuranda Easter Festival and Kuranda Day Festival The above two festivals are organised and run under the umbrella of Tourism Kuranda which is a formal advisory committee of Council, appointed in accordance with the provisions of the Local Government Regulation 2012. Council's Tourism Kuranda Executive Officer plays a leading role in the organising and running of both of the above events. As an advisory committee of Council, Tourism Kuranda falls within the definition of Member as per the LGM Scheme Rules and Wording. The Committee also has an ongoing role as it is responsible for overseeing the promotion of Kuranda as a premier tourist destination as well as management of the funds raised through the Kuranda Benefited Area rate which is levied by Council on Kuranda businesses. Through the Committee and the Tourism Kuranda Executive Officer, Council is therefore directly involved in the organisation and running of the Kuranda events and should meet LGM's criteria for coverage under Council's policy. It should be noted, however, that the coverage provided extends to members of the Committee only or persons who fall within the definition of Member as per the Scheme Rules and Wording eg volunteers. Coverage does not apply to other persons participating in the planning and conduct of an event if they do not fit within the definition of Member. For example, persons who might be intending to operate a stall at the event are not covered. Similarly, other non-defined persons including contractors, amusement ride operators, competitors in sporting competitions, spectators and parade participants would also not be covered. A further point to note is that, if a person falls within the definition, the protection provided is only for that person's legal liability owed to a third party; it does not cover personal injury or property damage sustained by the person him/herself. Mareeba Multicultural Festival The Mareeba Multicultural Festival Committee has been in operation since 1999 as an independent Committee, although Council does have a representative on the Committee, Cr Graham being the current appointee. Although not a formally appointed Council committee, there appears to have been an assumption made in the past that because Council provides assistance to the Committee, both financial and in-kind, and because the event is held on land under Council's control (Arnold Park), the Committee is covered by Council's public liability policy. While the Committee does not therefore meet the requirements of the definition of Member, Council could (with the agreement of the Committee) pursue the avenue of making the Committee a formal committee of Council, however, it is felt that the appointment of a committee (whether special or advisory) simply to run an annual festival would not be in line with the intent Page 163

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of the Regulation and might therefore also be seen by LGM as a way of Council trying to get around their Scheme Rules and Wording. As noted previously, the other category of persons who fit within the definition of Member is volunteers, however, as noted in the definition, cover is only provided to volunteers whilst acting within the scope of their duties for and on behalf of the Member Council. In order for them to be carrying out their duties for and on behalf of Council, it would be necessary for Council to assume 'ownership' of the Multicultural Festival and for the existing Committee members to then be considered as volunteers assisting Council to run the Festival. Subject to the Committee's agreement, it is considered that the most appropriate way for Council to deal with the issue is for Council to resolve to assume full responsibility for the organisation and conduct of the annual Multicultural Festival and to appoint the existing Committee members as volunteers under the direction of Council's Events Officer for the purpose of assisting with the conduct of the event. It should be noted that in accordance with LGM's requirements, volunteers need to be appropriately appointed, managed and supervised which includes the provision of relevant training. In particular, satisfaction of Work Health and Safety legislation requirements would be a key component of the induction process. It should also be noted, as indicated in relation to the Kuranda events, that the cover available to volunteers, as part of Council's membership of LGM, is limited to a volunteer's legal liability. That is, if a volunteer causes injury or damage to another person as a result of the volunteer's negligence, then that liability can be covered by LGM. However, LGM cover does not extend to personal injury or property damage sustained by a volunteer, unless of course the injury or damage is caused by another party who is entitled to the LGM cover. In all cases, separate volunteers insurance needs to be in place to cover personal injury to a volunteer. As with the advice provided in relation to the Kuranda Festivals, coverage is not available to stall holders, amusement ride operators etc. Great Wheelbarrow Race As with the Multicultural Festival Committee, the Great Wheelbarrow Race Organising Committee is not a formally appointed committee of Council although Cr Brown is Council's representative on the Committee. As such, this Committee is also not automatically covered by Council's public liability insurance policy. A similar process to that proposed for the Multicultural Festival therefore needs to be followed with the Great Wheelbarrow Race Organising Committee, that is, subject to the Committee's agreement, Council should assume ownership and full responsibility for the organisation and conduct of the Great Wheelbarrow Race and to appoint the existing Committee members as volunteers under the direction of Council's Events Officer for the purpose of assisting with the conduct of the event.

Other Options Other options for provision of insurance cover for the both the Multicultural Festival and Great Wheelbarrow Race are: ď&#x201A;ˇď&#x20AC; The existing Committees continue to organise and run the events and responsibility remains with those Committees for the provision of their own public liability insurance cover. In this regard, Jardine Lloyd Thompson, who manage LGM Queensland, provide affordable Page 164

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insurance for community groups through a separate arm of their company, Local Community Insurance Services (LCIS). ď&#x201A;ˇď&#x20AC; The existing Committees continue to organise and run the events and provide their own public liability insurance cover, however, the cost of obtaining the insurance cover through LCIS is met by Council by way of an equivalent increase in the amount of financial support provided by Council for both events. Risk Management As noted at the beginning of this report, the management of risks is a critical component of the organisation and conduct of any event. Should an incident occur for which a claim is made against Council, one of the first things that LGM will request of Council is a copy of the risk assessment carried out by Council and the steps taken to mitigate any identified risks. In this regard, Council does have an Events Risk Management Procedure and Checklist already in place and it is imperative that a risk assessment be carried out for each event and the relevant documentation completed. Failure to do so may jeopardise the cover provided by LGM Queensland. LINK TO CORPORATE PLAN COM 4 - Encourage vibrant and active community participation in arts, culture and natural heritage activities to enrich lifestyle and encourage tourism. CONSULTATION Internal Chief Executive Officer External Nil LEGAL IMPLICATIONS (STATUTORY BASIS, LEGAL, RISKS) Section 175(1) of the Local Government Regulation 2012 provides that a local government's annual Operational Plan must state how the local government will manage operational risks. As noted in the body of the report, risk assessment is a critical component of the organisation and conduct of any event. Should the Council fail to properly manage any identified risks, it could be exposed to legal action with significant financial cost and reputational damage. POLICY IMPLICATIONS Council has in place an Events Risk Management Procedure and Checklist which should be utilised and documentation completed for each significant event conducted by Council. FINANCIAL & RESOURCE IMPLICATIONS Nil

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IMPLEMENTATION/COMMUNICATION Subject to the report recommendation being adopted, discussions will be held with the Multicultural Festival Committee and the Great Wheelbarrow Race Organising Committee in relation to implementation of the proposals. ATTACHMENTS 1. 2. 3. 4.

Extract from the LGM Queensland Event Risk Management Guide 2014. King & Company legal commentary on sections 264 and 265 of the Local Government Regulation 2012. LGM Queensland Volunteers Information Sheet. Information on Local Community Insurance Services.

Date Prepared:

25 July 2014

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INFRASTRUCTURE SERVICES TECHNICAL SERVICES ITEM-13

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

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Technical Officer Projects Investigation 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 access to B-Double routes to support Mackay Sugar harvesting and transport operations." BACKGROUND In early June 2014 Mackay Sugar Pty Ltd forwarded another general request listing various Council controlled roads proposed for extended B-Double access consideration. The initial group of roads submitted by Mackay Sugar for immediate operations were then assessed by Council Officers prior to subsequent workshopping with Council on 4 June 2014. In accordance with workshop recommendations a number of roads were rejected for B-Double access and specific operating conditions were applied to all roads given access consent. Mackay Sugar was requested to submit operations schedules identifying road usage on a two (2) weekly rotational basis so that Council could progressively assess road suitability and monitor performance outcomes prior to issuing approval for the next group of roads being sought for extended B-Double access. Page 179

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Mackay Sugar applied to the National Heavy Vehicle Regulator (NHVR) for permit approval to operate on the group of roads initially assessed and has since made application for B-Double access into the remaining two (2) groups of roads identified. Officers have now assessed all the roads put forward by Mackay Sugar for extended B-Double access. The NHVR has been notified of Councils position regarding consent or refusal of B-Double access to the roads identified. Refer to the attached NHVR Permit 4538 applying to the roads submitted for extended B-Double access for sugar cane hauling purposes. It should be noted that Council has given limited consent to a permit for a three (3) month trial on all additional roads in order to allow Council to monitor performance and assess the various roads suitability for ongoing B-Double access with the intention of conducting a safety review at the cessation of operations. An overview of Mackay sugar B-Double operations on local roads to date;     

MSC personnel are monitoring operations in the general course of their duties Officers are not aware of any reported incidences involving B-Doubles There has been no perceivable increase in complaints from the general public Mackay Sugar is providing regular updates to work schedules - 2 weeks advance Canegrower representatives have been in regular contact regarding operations

Council officers have identified increased pavement damage on the Mossman - Mt Molloy Road believed to be a consequence of the increased heavy vehicle movements related to sugar cane transport operations. Council officers are liaising with the Department of Transport Main Roads in regards this matter. 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 Technical Services Group External Tableland Canegrowers Mackay Sugar QUBE Logistics LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil

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

NHVR Permit 4538 - 3 month trial

Date Prepared:

25 July 2014

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ITEM-14

Wednesday 06 August 2014

APPLICATION FOR PERMANENT ROAD CLOSURE BEING PART OF THE MALONE ROAD ROAD RESERVE ABUTTING LOT 12 SP257039 AND LOT 99 SP244383

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY This application proposes to permanently close the unused Malone Road reserve abutting Lot 12 and Lot 99 that was previously approved by Council for temporary closure. The applicant is now requesting Council to reconsider this decision and approve a permanent closure of the road reserve. The application covers an area of 4.98 hectares. The location is Malone Road, Mareeba for the entire length abutting Lot 12 and Lot 99. Lots 12 and 99 share the same owner. The purpose is to use the road for agriculture. 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 4.98 hectares being part of Malone Road abutting Lot 12 SP257039 and Lot 99 SP244383, Parish of Tinaroo as shown on the Department of Natural Resources and Mines Preliminary Plan CNS14/002 dated 22 January 2014." BACKGROUND Lot 12 SP257039, a 16.78 hectare rural allotment (parish of Tinaroo, locality of Mareeba) and Lot 99 SP244383, a 14.41 hectare rural allotment, have the same owner who plans to consolidate the lots and use the land for a banana plantation. The Malone Road road reserve separates the two lots and provides future access to Lot 101. There is no formed road in the road reserve and the reserve is currently used as agricultural land. Currently Lot 101 is vacant. A previous application to Council for the permanent closure of the road reserve was rejected as it would limit the future access options for Lot 101 SP244383. There was, however an alternative road reserve access via Emerald Falls Road. On 17 July 2014, Rock Ridge Farming provided Council with a copy of an agreement reached with the owner of Lot 101 (refer to attachment 4), where in clause 12 the owner of Lot 101 agreed to access the property via Emerald Falls Road.

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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 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 Nil 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. 3.

Letter from Department of Natural Resources and Mines dated 24 February 2014 (ECM # 2949387); Locality Map; Facsimile from applicant 17 July 2014 (ECM # 2982452).

Date Prepared:

28 July 2014

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ATTACHMENT 1: LETTER FROM DEPARTMENT OF NATURAL RESOURCES AND MINES

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ATTACHMENT 2: LOCALITY MAP

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ATTACHMENT 3: FACSIMILE FROM ROCK RIDGE FARMING 17 JULY 2014

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ITEM-15

APPLICATION FOR PERMANENT ROAD CLOSURE BEING PART OF THE EMERALD FALLS ROAD ROAD RESERVE ABUTTING LOT 68 ON RP896905

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY This application proposes to permanently close the unused Emerald Falls Road reserve abutting Lot 68. The road was previously approved for temporary closure only. The applicant is now requesting Council to reconsider this decision and approve a permanent closure of the road reserve. The application covers an area of 2,250m2. The location is Emerald Falls Road, Mareeba. The purpose is to use the road reserve for cattle grazing. 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 2,250m2 being part of Emerald Falls Road abutting Lot 68 RP896905, Parish of Danbulla as shown on the Department of Natural Resources and Mines Preliminary Plan CNS14/010P dated 3 March 2014." BACKGROUND Lot 68 RP896905 is a 16.831 hectare rural allotment (Parish of Danbulla, locality of Mareeba) and is zoned as rural agricultural. It abuts the Emerald Falls Road Reserve. Currently the road reserve is vacant and provides a second point of access to Lot 68. Previously the road was approved for a temporary closure only. On 21 July 2014 the applicant asked to have the decision reviewed, supplying new information (Refer Attachment 3). The applicant provided a plan showing the exact area to be closed and placed survey markers where the road was proposed to be closed. As evidenced by the new information provided, the loss of this portion of the road reserve should have no impact on Council or on neighbouring properties. 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. Page 203

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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 Nil 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. 3.

Letter from Department of Natural Resources and Mines dated 21 March 2014 (ECM # 2947863); Locality Map; Facsimile from applicant 21 July 2014 (ECM # 2981857).

Date Prepared:

28 July 2014

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ATTACHMENT 1: LETTER FROM DEPARTMENT OF NATURAL RESOURCES AND MINES

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ATTACHMENT 2: LOCALITY MAP

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ATTACHMENT 3: LETTER FROM APPLICANT

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ITEM-16

Wednesday 06 August 2014

GAMBOOLA CROSSING - 2013 NDRRA BETTERMENT PROJECT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Director Infrastructure Services DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Tablelands Regional Council has been granted a Betterment Project under the 2013 NDRRA event to improve the Gamboola Crossing over the Mitchell River. Overall funding is $2.2 million with a contribution required of $150,000 from Mareeba Shire Council. Design and documentation of the upgrading works has commenced and it is planned to have the works installed by the end of 2014. OFFICER'S RECOMMENDATION "That Council note this progress report on the Gamboola Crossing project." BACKGROUND Tablelands Regional Council through the 2013 NDRRA Event has been granted a Betterment Project to improve the Gamboola Crossing over the Mitchell River. A design consultancy has recently been let for the design and documentation of the works to enable tenders to be invited. It is proposed that the crossing works will consist of an at grade concrete modular framework anchored down by piles. Unfortunately, at the crossing location there is not a suitable rock foundation in order to found the new crossing. Therefore there is a need to ensure the crossing modules are prevented from overturning by a suitable piled anchor system. The crossing will be at grade or constructed on the sand bed of the river. This will still result in the crossing being impassable during major flood events but will allow a much earlier access for property owners in the area. It is planned to have the crossing completed prior to the end of the year. 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 Page 213

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infrastructure networks are maintained and renewed to maximise their long term benefit to industry and the community. CONSULTATION Internal Infrastructure services staff. External Adjoining property owners. LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil. POLICY IMPLICATIONS Nil. FINANCIAL & RESOURCE IMPLICATIONS Capital Council will be required to make a contribution of $150,000 towards the work and this will be included in the 3 month budget review. Operating Nil. Is the expenditure noted above included in the 2014/2015 budget? To be included at the 3 month budget review. If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION Adjoining property owners will be further consulted as the project proceeds. ATTACHMENTS Nil. Date Prepared:

29 July 2014

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ITEM-17

THONGON STREET, KURANDA EXISTING KERB AND CHANNEL

Wednesday 06 August 2014

REPLACEMENT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Technical Services Coordinator

DEPARTMENT:

Infrastructure Services, Technical Services Group

EXECUTIVE SUMMARY Replacement of the damaged driveway and basic patching to existing kerb and channel was undertaken on Thongon Street Kuranda between Thooree and Coondoo Streets as per the recommendations on the report to Council on 4 June 2014. It was found that due to delivery trucks driving up onto the footpath, the patching has now begun to crack. In order to overcome this, it is advised that the 100m section of kerb and channel be replaced with barrier kerb and channel in order to deter vehicles of any type from causing further damage. OFFICER'S RECOMMENDATION "That Council resolves to: 1.

replace approximately 100m of the existing kerb and channel on the southern side of Thongon Street, Kuranda between Thooree and Coondoo Streets with barrier kerb and channel;

fund the works from the Developer Contributions Reserve for roads in Kuranda."

BACKGROUND A previous report to Council recommended the undertaking of basic patching to the existing kerb and channel (approximately 100m) on the southern side of Thongon Street, between Thooree and Coondoo Streets, Kuranda. These works were undertaken and it was found that the patching started to crack due to delivery vehicles driving over the kerb and channel and onto the footpath to make deliveries. Replacement of the kerb and channel will require the removal of a 1.5m wide strip that will include road pavement, the existing damaged kerb and channel and approximately 0.3m of footpath. 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 Page 215

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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 Technical Services Coordinator Coordinator Transport Infrastructure External Nil LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital $20,000 - $30,000 Operating Is the expenditure noted above included in the 2014/2015 budget? No If not you must recommend how the budget can be amended to accommodate the expenditure To be funded from the Developer Contributions Reserve for roads in Kuranda IMPLEMENTATION/COMMUNICATION N/A ATTACHMENTS Nil Date Prepared:

29 July 2014

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WORKS ITEM-18

INFRASTRUCTURE SERVICES, WORKS PROGRESS REPORT FOR JUNE 2014

GROUP

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Manager Works

DEPARTMENT:

Infrastructure Services, Works Group

EXECUTIVE SUMMARY This report sets out works undertaken by the Works Group of Infrastructure Services during the month of June 2014. OFFICER'S RECOMMENDATION "That Council receive and note the Infrastructure Services, Works Group Progress Report for the month of June 2014." BACKGROUND Capital and maintenance works in June for Transport Infrastructure, Parks and Gardens and Bridges continued throughout June with the bulk of the capital works projects finishing. Several projects within the Transport Infrastructure and Parks and Gardens Sections are programmed to be completed by mid to late July. Works Completed Maintenance Works Maintenance activities accruing more than $1,000 in expenditure were carried out in July at the following locations:

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Location Ootann Road, Almaden Spring Valley Road, Almaden Sunnymount Road, Almaden Borzi Road, Arriga Bower Road, Arriga Chettle Road, Arriga Springmount Road, Arriga Junevale Road, Barwidgi Bilwon Road, Biboohra Bullock Road, Biboohra Grigg Road, Biboohra Hodzic Road, Biboohra Pickford Road, Biboohra

Wednesday 06 August 2014

Description Grading unsealed roads Grading unsealed roads Grading unsealed roads Grading unsealed roads, slashing Road furniture, slashing Linemarking, road furniture, slashing Bitumen patching, grading unsealed roads, slashing Grading unsealed roads Culvert repairs, grading unsealed roads, mowing, slashing Grading unsealed roads, slashing Grading unsealed roads, slashing Customer request, grading unsealed roads, grading unsealed roads, slashing Grading unsealed roads

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Location Querin Road, Biboohra Rogers Road, Biboohra Rosing Road, Biboohra Rush Road, Biboohra Vallely Road, Biboohra Healy Road, Chewko Narcotic Creek Road, Chewko Aerodrome Road, Chillagoe Georgetown Road, Chillagoe Smelter Road, Chillagoe Maniopota Road, Chillagoe Contract Clearing Account, Chillagoe Pont Street, Chillagoe Bolwarra Road, Crystalbrook Collins Weir Road, Dimbulah Leadingham Creek Road, Dimbulah Wolfram Road, Dimbulah Oaky Valley Avenue, Dimbulah Amber Road, Fossilbrook Clacherty Road, Julatten Euluma Creek Road, Julatten Highland Drive, Julatten Nine Mile Road, Julatten Pinnacle Road, Julatten Windsor View Road, Julatten Black Mountain Road, Julatten Fantin Road, Koah Koah Road, Koah Palm Valley Road, Koah Barron Falls Road, Kuranda Black Mountain Road, Bitumen Section, Kuranda

Coondoo Street, Kuranda Crothers Road, Kuranda Jeffrey Road, Kuranda McCorry Road, Kuranda Myola Road, Kuranda Oak Forest Road, Kuranda Scrub Street, Kuranda Therwine Street, Kuranda Adil Road, Mareeba Atherton Street, Mareeba Chewko Road, Mareeba Constance Street, Mareeba Emerald End Road, Mareeba Fichera Road, Mareeba Gilmore Road, Mareeba Henry Hannam Drive, Mareeba Kay Road, Mareeba Lockwood Road, Mareeba Malone Road, Mareeba

Wednesday 06 August 2014

Description Grading unsealed roads, slashing Grading unsealed roads, slashing Grading unsealed roads, slashing Grading unsealed roads Grading unsealed roads Grading unsealed roads Slashing Grading unsealed roads Grading unsealed roads Grading unsealed roads Grading unsealed roads General operations Grading unsealed roads Grading unsealed roads Grading unsealed roads Slashing Slashing Slashing Grading unsealed roads Customer request, road inspections, grading unsealed roads, road furniture, slashing Bitumen Patching, Culvert Repairs, General Repairs and Maintenance, Road Inspections, Slashing Customer request, road inspections, customer request, slashing, slashing Grading unsealed roads, slashing Bitumen patching, slashing Slashing Customer request, road inspections, grading unsealed roads, slashing Bitumen patching, customer request, grading unsealed roads, customer request, road inspections Bitumen patching, customer request, slashing, road furniture, slashing Bitumen patching, customer request, bitumen patching, customer request, road inspections, slashing Bitumen patching, customer request, road inspections, road inspections, slashing Bitumen Patching, Culvert Repairs, Customer Request, Grading Unsealed Roads, Customer Request, Road Inspections, General Operations, General Repairs and Maintenance, Grading Unsealed Roads, Road Furniture, Road Inspections, Slashing Cement footpath maintenance, road furniture, road inspections Grading unsealed roads Grading unsealed roads, slashing Grading unsealed roads Bitumen patching, culvert repairs, customer request, slashing, linemarking for reseals, road furniture, road inspections Administration and supervision, bitumen patching, general operations, grading unsealed roads, road inspections, slashing Grading unsealed roads Bitumen patching, cement footpath maintenance, road inspections Grading unsealed roads, slashing Linemarking Customer request, road inspections, road furniture, slashing Linemarking Bitumen patching, slashing Bitumen patching, slashing Bitumen patching, slashing Culvert repairs, customer request, culvert repairs, grading unsealed Roads Bitumen patching, slashing Grading unsealed roads, slashing Bitumen Page patching, 219 culvert repairs, slashing

Mareeba Shire Council - Agenda

Location McGrath Road, Mareeba Peters Street, Mareeba Ray Road, Mareeba Shanty Creek Road, Mareeba Tinaroo Creek Road, Mareeba Mareeba Water Plant Access, Mareeba Drainage General, Mareeba Keal Close, Mareeba Little Street, Mount Molloy Norris Road, Mount Molloy Armstrong Road, Mona Mona Austin Road, Mona Mona Hawkins Road, Paddy's Green Springs Road, Paddy's Green Pioneer Road, Petford

Wednesday 06 August 2014

Description Grading unsealed roads, slashing Grading unsealed roads Slashing Bitumen patching, grading unsealed roads, slashing Bitumen patching, grading unsealed roads, slashing Administration and Supervision Administration and Supervision Grading unsealed roads, slashing Customer request, road furniture, customer request, road inspections, grading unsealed roads, slashing Grading unsealed roads, road inspections Grading unsealed roads Customer request, grading unsealed roads, grading unsealed roads Grading unsealed roads Bitumen patching Grading unsealed roads

The table below shows the current budget position of road maintenance for Mareeba Shire Council.

Location Mareeba Shire Council

YTD Actual

YTD Budget

Annual Budget

$1,442,480

$1,451,300

Capital Works Black Mountain Road â&#x20AC;&#x201C; Bridge No. 4 Black Mountain Road Bridge No. 4 was identified during the bridge inspection program as requiring major maintenance. The existing timber girder and concrete deck were replaced by concrete deck units. The concrete deck units and kerbing were constructed at the Kowa Street Depot and transported to site. The original timber girders and concrete deck were removed by crane and the new concrete deck units were placed on the existing concrete abutments. Fifty (50) meters of pavement with cement stabilised relieving slabs have been provided to each bridge approach. The approaches and bridge deck will be asphalt sealed 8 July 2014.

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Removal of existing timber girders and concrete deck

Existing concrete abutments

Installation of precast concrete deck unit

New deck units in place

Finished Bridge Page 221

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Rocky Creek Bridge Rocky Creek Bridge was identified as being in poor condition. The existing bridge consisted of three timbers girders, timber deck and running planks with a load limit of three tonnes. The three (3) girders were replaced with four and the deck, running planks and kerbing were also replaced. An engineering assessment of the new load limit will be carried out in the near future with the load limit expected to increase to approximately fifteen tonnes.

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Existing timber girders

Replacing old girders with four new timber girders

Installing new timber deck

Finished bridge

Seary Road â&#x20AC;&#x201C; Landscape Improvement When Seary Road was linked with the Kennedy Highway in 2012 several large boulders were left at the Kennedy Highway/Seary Road intersection for later use as landscaping. Soil, mulch, plants, turf and irrigation have now been installed at the site.

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Springmount Road â&#x20AC;&#x201C; Widen and Seal Two sections of Springmount Road are currently being widened and sealed. The first section of 190m links two previous widening's and the second section extended the widened pavement a further 920m. The project is currently on track with regards time and budget and is programmed to be sealed on 18 July 2014.

Existing narrow road and early drainage works

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Widened embankment and shoulder

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Incorporating 150mm of crushed rock in to the existing pavement and widening

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Finished pavement ready for bitumen seal

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Bicentennial Lakes Dredging and Tree Pruning Dredging and tree pruning has been carried out at Lake One at the Bicentennial Lakes precinct. Current costs are in the order of $35,000. A budget of $62,000 was allocated in the 2013/14 Parks and Gardens Capital Works Program. Further clean up works are programmed for July.

DTMR Routine Maintenance Performance Contract (RMPC) Routine maintenance activities were undertaken during June at the following locations;

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Road Name Kennedy Highway (Cairns – Mareeba) Kennedy Highway (Cairns – Mareeba) Kennedy Highway (Cairns – Mareeba) Kennedy Highway (Cairns – Mareeba) Mulligan Highway (Mareeba – Mt Molloy) Mulligan Highway (Mareeba – Mt Molloy) Mulligan Highway (Mareeba – Mt Molloy) Mulligan Highway (Mareeba – Mt Molloy) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mulligan Highway (Mt Molloy – Lakeland) Mossman – Mt Molloy Road Mossman – Mt Molloy Road Mossman – Mt Molloy Road Mossman – Mt Molloy Road Mossman – Mt Molloy Road Mareeba – Dimbulah Road Mareeba – Dimbulah Road Mareeba – Dimbulah Road Mareeba – Dimbulah Road Mareeba – Dimbulah Road

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Activity Performed Slasher (Boom Slasher) Traffic Control for Slashing Administration of RMPC (Costing & Engineering management Rest Area Servicing Other Culvert, Pipe and Pit Work Administration of RMPC (Costing & Engineering management Pothole Patching Pavement Repair (Mechanical) - Minor (<500m²) Rest Area Servicing Administration of RMPC (Costing & Engineering management Tractor Slashing, Rural Repair Guide Sign Pavement Repair (Mechanical) - Minor (<500m²) Repair Signs (excluding Guide Signs) Roadside Litter Collection - Rural Herbicide Spraying Other Vegetation Control Works Other Vegetation Control Works Roadside Litter Collection - Rural Tractor Slashing, Rural Other Roadside Work Pothole Patching Pothole Patching Repair Signs (excluding Guide Signs) Administration of RMPC (Costing & Engineering management Pavement Repair (Mechanical) - Minor (<500m²) Pavement Repair (Mechanical) - Minor (<500m²) Traffic Control for Slashing

Road Name

Activity Performed

Mareeba – Dimbulah Road Burke Developmental Road Burke Developmental Road Burke Developmental Road Burke Developmental Road Burke Developmental Road

Pavement Repair (Mechanical) - Minor (<500m²) Administration of RMPC (Costing & Engineering management Pavement Repair (Mechanical) - Minor (<500m²) Traffic Control for Slashing Repair Signs (excluding Guide Signs) Medium Formation Grading (Western) with Extras and 2 Wa

Burke Developmental Road

Medium Formation Grading (Western) with Extras and 2 Wa

The total claim to DTMR (Department of Transport and Main Roads) for the works listed above for the month of June was $230,652.71 From the start of January 2014 to the end of June 2014 the Mareeba Shire Council portion of claims submitted to DTMR for RMPC works was $783,000. DTMR Emergent Works The emergent period for DTMR Monsoonal Flooding (14C) and DTMR Cyclone Ita (14E) Events closed on 30 June 2014. A total value of $989,772 of emergent repairs work was carried out on the Bourke Developmental Road, the Mulligan Highway, the Mossman, Mt Molloy Road and the Mareeba, Dimbulah Road. Page 227

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Bump Track Causeway A concrete causeway is currently being constructed at the Mowbray River crossing on the Bump Track in Julatten. The project costs will be in the order of $108,000 including GST. Works are scheduled to be completed 9 July 2014.

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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 2013 / 2014 budget. Operating Included in 2013 / 2014 budget. Is the expenditure noted above included in the 2013/2014 budget? Yes. 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 Nil Date Prepared:

8 July 2014

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WATER & WASTE ITEM-19

MAREEBA WASTEWATER TREATMENT COMPLIANCE INSPECTION CONFIDENTIAL

PLANT

REASON FOR CONFIDENTIALITY This report is CONFIDENTIAL in accordance with Section 275(1)(h) of the Local Government Regulation 2012, which permits the meeting to be closed to the public for business relating to the following: (h)

other business for which a public discussion would be likely to prejudice the interests of Council or someone else, or enable a person to gain a financial advantage.

Relevant legislation relating to plant exceedances relate to possible action by the Government.

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ITEM-20

Wednesday 06 August 2014

KURANDA WATER INFRASTRUCTURE - ADDITIONAL WATER RESERVOIR FOR KURANDA WATER SUPPLY

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

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

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY This purpose of this report is to seek approval from Council for funding for the construction of an additional water reservoir to provide adequate water storage and supply to the township of Kuranda. OFFICER'S RECOMMENDATION "That Council approve the funding out of the Water Reserves Funds required to construct an additional water reservoir to the township of Kuranda." BACKGROUND Council engaged Aurecon Consulting Engineering to undertake an assessment of the water reservoirs throughout the Mareeba Shire region. The assessment identified the need for more water storage reservoirs at Kuranda - Myola Road - Warril Drive - Mason Road, Mount Molloy and Chillagoe. The assessment identified the need for two (2) new one mega litre reservoirs at Myola Road to meet current and future water storage requirements being constructed in staged approach with the first of the new reservoirs to be constructed this financial year. The new reservoir will allow Council to meet its legislative and safety requirements under the "Water Act 2000" and the "Water Supply (Safety Reliability) Act 2008". The Service Reservoir Assessments identified the need for new water reservoirs at all sites with the exception of Mareeba and Dimbulah however it highlighted the urgency of constructing a new water reservoir at Kuranda as a priority. At the Council capital budget workshops it was discussed that officers should investigate grant funding opportunities through the Local Government Grants Subsidies Program - Infrastructure Subsidy. No funding is available from the Local Government Grants Subsidies Program therefore Council is requested to approve the expenditure of up to $850,000 (this funding is for geotechnical investigations, design and documentation, construction and contract management) from the Water reserve Fund. There is currently $2.3 million available in this fund. The approved funds will allow Council to call tenders for a Design and Construct contract with an expected construction completion date of June 2015.

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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 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 Department Engineer Water and Waste Supervisor Water Reticulation External Aurecon Consulting Engineering Jim Papas Drafting 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 Water Act 2000 POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Capital New Water Reservoir and associated works $850,000.00 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 Consultation with Kuranda Residents

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ATTACHMENTS 1.

Service Reservoir Assessments (ECM Doc # 2981773)

Date Prepared:

Kuranda,

23 July 2014

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Mount

Molloy

and

Chillagoe

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ITEM-21

Wednesday 06 August 2014

WASTE SITUATION ANALYSIS PROGRESS REPORT

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT OFFICERâ&#x20AC;&#x2122;S TITLE: Director Infrastructure Services DEPARTMENT:

Infrastructure Services

EXECUTIVE SUMMARY Council has commissioned a Waste Situation Analysis Report to examine the Council waste business and to report on various options for Council to consider going forward. The consultants undertaking the report preparation have commenced work on the report. This report provides commentary on progress by the consultants to date. OFFICER'S RECOMMENDATION "That Council note this Waste Situation Analysis Progress Report." BACKGROUND Council has agreed to undertake a Waste Situation Analysis Report to examine the waste business of Council. Pacifica Chartered Accountants have been commissioned to undertake the report in conjunction with Golder Associates and Total Safety Services. Golder Associates are addressing compliance issues in respect of the environmental approvals Council has from the Department of Environment and Heritage Protection whilst Total Safety Services are addressing the Workplace Health and Safety issues of Councils' operations. Pacifica has been examining in detail the financial data applicable to the waste business and has held significant discussions with Corporate and Infrastructure Services staff in an effort to obtain a full appreciation of the business and the options going forward. Golder Associates has held a significant inspection of the waste sites and has interviewed Council staff in detail. Golder Associates is currently preparing its report for inclusion in the overall Pacifica report. Total Safety Services has reviewed all WHS documentation for the business and will undertake site inspections during early August 2014. The draft Pacifica report is anticipated towards the end of August 2014 following which it will be reviewed by Council officers and the Executive management Team.

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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 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 Corporate and Infrastructure Services staff. External Nil. 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? Yes. If not you must recommend how the budget can be amended to accommodate the expenditure Nil. IMPLEMENTATION/COMMUNICATION To be reported to Council on completion. ATTACHMENTS Nil. Date Prepared:

29 July 2014

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ITEM-22

Wednesday 06 August 2014

INFRASTRUCTURE SERVICES WATER AND WASTEWATER GROUP - MONTHLY OPERATIONS - JUNE 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Manager Water and Waste

DEPARTMENT:

Infrastructure Services, Water and Waste Group

EXECUTIVE SUMMARY This purpose of this report is to summarise Council’s Water and Wastewater activities undertaken by the Infrastructure and Maintenance Services Department during the month of June 2014. OFFICER'S RECOMMENDATION "That Council receive and note the June 2014 Monthly Water and Wastewater Report submitted by the Manager Water and Waste Group Infrastructure and Services Department." LINK TO CORPORATE PLAN The monthly report has been structured to relate to the Corporate Plan Strategies and activities as set out in the Operational Plan. OP74 - Undertake capital water and sewerage projects in accordance with approved capital works schedule. 1.

Capital Works Projects

1.1

   

Arsenic Removal Plant at Chillagoe Engineering Design is underway on the Mareeba Industrial Park Water Infrastructure Upgrade Work has commenced on Stage 1 of the Historian Project (Water Wastewater and Waste SCADA and Telemetry Recording and Reporting) Stage 2 of the Chillagoe new bore water main almost complete

Environmental Monitoring - Treatment  

Mareeba STP effluent continues to show improvement post desludging. Biological Oxygen Demand (BOD) and Suspended Solids (SS) are compliant and appear stable. Faecal Coliforms were noncompliant in the first week and then in compliance the second. Kuranda STP remains compliant with licence conditions.

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Budget - Water Financial Operational Budget Information per budget Section water Graphical - Revenue

Graphical â&#x20AC;&#x201C; Expense

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Budget - Wastewater Financial Operational Budget Information per Budget Section Wastewater Graphical - Revenue

Graphical â&#x20AC;&#x201C; Expenditure

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Chlorine Residual Readings

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Mareeba Water Supply Scheme â&#x20AC;&#x201C; Operations Data

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Kuranda Water Supply Scheme - Operations Data

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Mount Molloy Water Supply Scheme - Operations Data

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Dimbulah Water Supply Scheme - Operations Data

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10.

Chillagoe Water Supply Scheme - Operations Data

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11.

Mareeba Wastewater Treatment Plant - Operations Data

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12.

Kuranda Wastewater Treatment Plant - Operations Data

Date Prepared: 5 May 2014

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ITEM-23

Wednesday 06 August 2014

INFRASTRUCTURE SERVICES - WASTE OPERATIONS PROGRESS REPORT - JUNE 2014

DOCUMENT INFORMATION

MEETING:

Ordinary

MEETING DATE:

6 August 2014

REPORT AUTHOR/ OFFICER’S TITLE:

Manager Water and Waste Group

DEPARTMENT:

Infrastructure and Maintenance Services

EXECUTIVE SUMMARY The purpose of this report is to summarise Council’s waste activities undertaken by the Infrastructure Services Department during the month of June 2014. OFFICER'S RECOMMENDATION "That Council receive and note the Infrastructure Services - Waste Operations Progress Report, June 2014." BACKGROUND The following is a summary of the waste activities undertaken during the month of June 2014. 1.

Waste Operations Part of the area assigned to the steel stockpile has cleared ready for fridge and air-conditioner degassing as per the Department of Environment and Heritage Protection decree. The fridge and air-conditioner degassing is currently carried out by a local contractor Brad's Auto Electrical at a cost of $20 per unit. This cost is offset by the scrap metal component of the fridges and air conditioning units. Preparations have been made to erect a safety fence around the King Brown surface water collection dam. This is a DEHP requirement and was done at at cost of less than $1,500.00. Construction of Mareeba landfill Cell 5 is underway without any significant delays. A 30 cubic meter bin of recycled material was transported by JJ Richards from the Mareeba waste transfer station to Cairns material recycling facility for processing. This will periodically re-occur as the recyclable material builds up. Mr Michael Caldwell’s contract to operate Mt Molloy and Julatten waste transfer stations operation ceased at the end of this month. Mr Ronald Jenkins will take over the contracts July 2014. The toilet facility has been completed at the Mareeba weighbridge. All transfer stations and Mareeba landfill are currently operational.

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Customer Service Waste Statistics The following graph displays customer requests logged in the Customer Request Management (CRM) system during the month of June 2014.

Waste Collected at Each of the Transfer Stations Waste material collected at each of the waste transfer stations is either deposited directly to the Mareeba landfill, recycled or transported to the SITA facility in Cairns for processing. The following pie charts are separated into waste received as whole units and waste received as accrued tonnage.

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Waste to Mareeba Landfill The Mareeba Shire waste shown in the pie chart below is the waste collected at each of the waste transfer stations (Mareeba included), and deposited directly to the Mareeba landfill. The commercial waste shown below is derived from the SITA Bedminster plant in Cairns and deposited into the Mareeba landfill.

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Revenue The income shown below in the pie graph is made up of:  Commercial disposal (predominantly SITA)  Interest earned  Interest on Constrained Works  Recycling (steel, batteries)  Rates The expenditure shown below in the pie graph is made of:  Waste administration  Landfill management  Transfer station management

]

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Financial Operational Budget Information per budget Section Overall Graphical - Revenue

Graphical â&#x20AC;&#x201C; Expenditure

The variation between budgeted and actual expenditure was due to inadequate funding allocation for both internal and external plant. CONSULTATION Internal Director Infrastructure Services Waste Staff External Nil

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LEGAL AND RISK IMPLICATIONS (STATUTORY BASIS, LEGAL AND RISKS) Nil POLICY IMPLICATIONS Nil FINANCIAL & RESOURCE IMPLICATIONS Nil IMPLEMENTATION/COMMUNICATION Nil ATTACHMENTS Nil Date Prepared:

24 July 2014

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