Minutes of Ordinary Council

· Attended the Warren District Agricultural Show last weekend and spent some time in the evening working on the gate. The event needs more support in the future.

3. ATTENDANCE:

PRESENT:

Councillors

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield (Presiding Member)

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Gallery

Philip Salvage	Christine Utech
David White	Susan de Kleer
Richard de Kleer	Janet Thompson
Alan Thompson	Mark Dronow
George Dronow	Michael Filby
Therese Dreher	Steve Dreher
Nikki Rouse	Keith Burton
Vivienne Williams	Jamie Dunross
Yvonne Hewitt	Neville Hewitt
Frank Cooper	Lorraine Cooper
Mervyn Leggerini	Helen Leggerini
Chantelle Johnson	Carmen Bourbon-Muir
Ivan Gardner	Don Burton
Jan Tartathon	Rod Burton
Rae Burton	Marlene Bidwell
Peter Bidwell	Karen Garratt
Steve Braovich	David Buegge
Layla Braovich	Leah Elliston
Nicole Rouse

3.1 Apologies:

Councillor Paul Omodei was an apology for this meeting.

3.2 Leave Of Absence:

Councillor Dean Bavich was granted a Leave of Absence at the 1 March 2018 Council meeting for this meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received A Financial Interest declaration from Councillor Taylor for Item 9.3.2 and a Proximity Interest declaration from Councillor Jenkins for Item 9.5.6.

Councillor Taylor declared a Financial Interest in Item 9.3.2 as Site 227 is opposite Site 238 that he is the leaseholder of.

Councillor Jenkins declared a Proximity Interest in Item 9.5.6 as her partner is the owner of Lot 9465.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Robert Thompson – Walpole.

· Mr Thompson read from a prepared statement as attached.

ATTACHMENT: 5.2.1(1)

Page 104

· Is there a time limit on when the review should be completed?

Director of Development and Regulation Responded: The review is underway and the West Australian Planning Commission has introduced additional requirements between that time frame and now. We are currently going through a bushfire management review process of the draft strategy which has identified that land as having potential for subdivision. That is only within the Strategy, to rezone the land we must go through the EPA process which includes requirements for land capability etc. The local government will normally not do that on behalf of the landowner. That is up to the landowner once it is reflected within the strategy. Unless it is reflected in the Strategy, it would not go ahead. So we are getting everything in order so that the landowners can make that application in the future. Hope to present a draft Strategy as requested to WAPC within the next two months, for their vetting. And subsequently bring it to Council for adoption purposes.

· Did Council explain the history and ever present danger when travelling on sections of North Walpole Road, to the Appeals Convener staff or any other relevant body like the Regional Road Group when applying for funds?

Director Works & Services: The Regional Road Group only provide funding for what they consider to be significant roads such as industry or State significant criteria based on road safety. The RRG funded a feasibility study in 2016/2017 which mapped and surveyed all the vegetation in North Walpole Road. Based on that feasibility study the condition of the road and the importance of the road has now been included on RRG 15 year road program, road safety is an issue. The Appeals Convener only concern themselves with the vegetation clearing permits or the issues or objections around that. The Shire has met with the Appeals Convener and they have made a recommendation and that recommendation is now with the Minister for their approval.

5.2.2 Christine Utech – Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· Ms Utech read from the attached prepared statement.

ATTACHMENT: 5.5.2(1)

Page 112

The Chief Executive Officer responded: There is an obligation on all Councillors and staff to ensure that they do not have a Financial, Proximity or Impartiality Interest in any item. If I become aware as CEO of an interest applicable to that particular circumstance then I am obliged to report it to the Standards Panel in accordance with normal Local Government practice.

The Chief Executive Officer responded to a second question: I’m not sure that’s a question that can be responded to. That is a statement that’s been made. We are a member of the Warren Blackwood Alliance of Councils, that is not a planning matter that must be contemplated and it hasn’t been contemplated in this circumstance..

5.2.3 David White - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· I object to the gravel pit at Dingup.

· Capacity of the road, condition and the safety of all road users.

· The preservation of the amenity of the locality, and the dust and noise pollution.

· I was Police officer for 26 years and spent a considerable amount of time in traffic branch, attending road accidents and investigating causal factors of fatal and serious traffic accidents.

· I was chairperson of the Mandurah Roadwise Committee.

· One would assume a Risk Matrix has been completed for this proposal to define the level of risk to by considering the category of probability or likelihood against the category of consequence of severity.

· By increasing the use of heavy vehicle volume the risk would be increased significantly.

· The report by the Shire states some strategies to reduce the risk, these are not sufficient.

· Road maintenance was also mentioned in the report, the roads are always in poor condition and we contact the Shire on a monthly basis regarding the condition of local roads.

· To ask the applicant to maintain the road to the current standard is a joke.

· If this proposal is approved it will be a matter of when, not if, a serious incident occurs.

5.2.4 Karen Garratt - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· Ms Garratt read from a prepared statement which is attached.

ATTACHMENT: 5.2.4(1)

Page 113

5.2.5 Michael Filby – Walpole.

· Ambassador for Keep Australia Beautiful.

· Manjimup has a fine image, food production, truffles, wineries being marketed very well.

· Walpole is at the centre of a very large wilderness area and world acclaimed.

· Walpole has won the environment protection award on two occasions and numerous state titles.

· I have talked to 10,000’s of people over the years and invariably the reason for their visiting the area is because of the environment.

· Areas like this will become more and more valuable and should be the focus of any decision we make.

· We would hope that the Shire keeps the local environment at front of mind with every decision they make.

5.2.6 David Buegge - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· Problems with road condition, noise abatement, how is that going to be managed?

· Balbarrup/ Perup Road intersection is a disaster waiting to happen.

· Huge dust problems in summer and in winter the road goes to mud.

· Should look at alternative routes.

5.2.7 Layla Braovich - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· Reject the proposal for the gravel pit on Dingup Road.

· Safety of children in the area.

· Lifestyle in the area, horse riding, walking dogs, cycling, motorbike riding.

· Tourists are constantly visiting our historic buildings like Dingup Church and Dingup Hall.

· There are alternative routes that could be used without putting all of us at risk.

5.2.8 Ivan Gardner - Walpole

· Lack of consultation and lack of engagement with the community, emails not be replied to, phone calls not being returned.

· What action is taken when staff do not reply to emails or return phone calls?

Chief Executive Officer responded: It would assist the CEO if he was aware of the particular circumstances and I’m certainly not aware of any situation where you haven’t had a phone calls or emails returned to you.

· In the last couple of weeks leading up to the meeting there has been no advertising except for yesterday in the Walpole Weekly to let people know that this meeting was on.

· At the Queens Baton Relay the W word was not mentioned in the speeches.

· We are not whingers it’s Walpole. We feel left out.

· Pioneer Park Management Plan, 15 – 18 months to get it done, is this an acceptable timeframe? It’s slowing up the whole operation.

· The beautification of Nockold Street, the orange asphalt didn’t quite finish the job, it’s half done. The potholes in the footpath.

· The big bins look like sulo bins, not beautiful at all.

· There was supposed to be a façade to block out the Telstra building, that hasn’t happened.

· The planting in the main street doesn’t look like it will happen now that alterations to the highway are happening.

· Talking to Mr Leers a few weeks ago, the whole of the main street appears to be illegal.

5.2.9 Rod Burton – Walpole Nornalup Visitor Centre Board President.

· Two years ago the Visitor Centre received a grant to provide the centre with a new roof, disabled access and signage.

· Works commenced in October 2017.

· Have not been approached by the Shire to come down and inspect our work.

· New signage for the Visitor Centre was approved on the 8 March and I was to be advised as to when I can go ahead. I am still waiting despite two more emails to get that done.

· The grant has to be acquitted by the 30 April, 2018 and with Easter approaching, it only allows a few weeks to get it done. I’ve requested two extension already and they will not allow a third extension and I’ll lose part of that money.

Director Development & Regulation responded: My apologies Mr Burton, I understand the letter has been prepared. I’ll follow up tomorrow and make sure it is emailed through to you.

Council, by granting the approval at the last meeting is your go ahead, you simply haven’t had confirmation in writing and for that I apologise.

In terms of the inspection of the works, Councillors and senior staff walked through Pioneer Park today so that they could understand the Management Plan and the concept plan that has been prepared by the Visitor Centre. There were accolades from myself and Councillors in respect of the disabled access and the roof works. We are seeking to compliment those works with the additional work to be undertaken in accordance with Great Southern and South West Development Commission Grants.

· When we send an email, we don’t expect a reply today, but we would like an acknowledgement at least, even just a one liner to let us know that you have received it. There are a lot of times when we feel that we are left out.

Chief Executive Officer responded: When we get numerous emails asking very complex matters, those emails are prioritised in accordance with the current activities that are going on at the time. What we can do is respond when we get the ability to respond. When the matters are very complex they require a significant amount of work. I take on board that we should have a generic response to acknowledge that your email has been received. Some of these matters can take weeks to sort out. They can involve State Government and a whole range of different things and we need to be sure they are correct before the email is responded to.

5.2.10 Susan de Kleer - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· I object strongly to the proposal for Dingup gravel pit.

· Perup, Dingup and Balbarrup Roads are poorly maintained and narrow in places where you often have to pullover to let other cars past.

· Corner of Perup and Balbarrup Road is a black spot.

· We often ring the Council to come and grade Morgans Road.

· This is a beautiful tourist spot.

5.2.11 Richard de Kleer - Item 9.5.8 Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup.

· As you have heard many of us object to the gravel pit in Dingup Road.

· Had this meeting been held at Dingup Hall attendance would have been far greater and there would have been more speakers to express their concern about this proposal.

· I believe 37 submissions were received. Full copies of the submissions can be made available on request.

· How many Councillors requested the full copies of the 37 submissions?

Director Development and Regulation responded: I’m not aware of any Councillors requesting copies of submissions. However every submission is summarised within the attachments to the report. Highlights each of the points that have been made. We have tried to address those points that were raised within the submissions in the report. So that Councillors are fully aware of the of the issues being raised and opinions of those who submitted submissions.

5.2.12 Peter Bidwell – Walpole.

· Despite there being several protesters about the clearing of North Walpole Road there are a vast majority Walpole of people who support the clearing.

· And we thank Council for looking at the upgrading of North Walpole Road, it’s been desperately need.

· As a long-time resident of the area I have also seen numerous accidents on that road.

· The funding that was allocated for this year, why could that not have been spent on other sections of the road that aren’t controversial?

Director Works & Services responded: The funding couldn’t be used for other sections of the road because those sections of the road did not have their vegetation clearing permits or design works in place at the time that the funding was required to be spent.

· Is this process going to be gone through every year in relation to clearing permits or is Council looking to do the clearing permit in one hit so that any objections are sorted beforehand. What consultation will there be with the community prior to the submissions being submitted.

Director of Works & Services responded: Once the basic road design is developed for that section of the road, then that is approved for funding by Regional Road Group, only on the previous year then we go ahead with our vegetation clearing. Vegetation clearing permit is not just for trees but for all vegetation including fungus, sedges etc. within the works area. Which is why we follow the Appeals Conveners advice to make sure our vegetation clearing permit covers a suitable area for the works within your works area so that all vegetation is authorised if it requires removal.

The consultation for that clearing permit is undertaken through the Dept of Water, Environment & Regulation as part of their process. That is their responsibility.

· One or two appeals should not stop the removal of dangerous trees. Only if there are numerous objections should stopping the clearing be considered.

· The jetty carpark, the community would like to know where we’re at with that?

Director of Works & Services responded: The jetty design has been approved with compliance of Dept. of Transport to receive funding at a suitable time from Recreational Fishing and Boating Facility Scheme, that’s their responsibility and then a matter for Council budget approval process if or when we’ve received the funding from them.

5.2.13 Nicole Rouse, Leah Elliston – Walpole Family Centre.

· I sent a letter to the Shire and 6 weeks later hadn’t received a response, so sent another letter and 71/2 weeks from the first letter received a response. 71/2 weeks is a long time to get a response from the Shire and makes our work hard while managing an organisation.

· We are run by a volunteer management committee. We employ half a dozen qualified educators in our centre and support working families and grandparents with care of their children.

· Have had a lease with the Shire for the last 10 years for our facility.

· The few issues we have raised are OSH issues.

· We would like to feel that we are supported by the Shire for our role in this community.

· Our major issues would be the reroofing of our building because our back area flood in the winter time.

· And our carparking is also an issue. We raised this issue 2 years ago and not received any feedback with what is happening about that request. Communication would be great.

Chief Executive Officer responded: With regard to communication I would like to point out that you do have a ward Councillor and please feel free to raise issues with him and he will raise the issue directly with me. Often senior management is not aware of matters you may have raised. We receive 6,000 pieces of mail a year and it is distributed across the organisation. It’s not just up to the CEO or the directors to respond. If you’ve got a problem, pick the phone up ask to talk to the relevant person. Alternatively send an email to info@manjimup.wa.gov.au effectively putting in a complaint about the timing of the response. That will get up the line to the relevant people and they will do the investigation and find out what’s going on. Just don’t sit back.

In relation to workloads our organisation is under some duress at the moment, we’ve got massive projects going on around the Shire. Our senior management are well and truly under pressure. Our managers and other employees are required to step up and if they’re not doing that, we would like to know about it.

5.2.14 Vivienne Williams – Walpole.

· Child Health Nurse in Walpole.

· I spoke to Gail Ipsen Cutts, Mr Leers and another gentleman and we had an inspection and a works order done.

· Councillor Tapley came and had a meeting out at the Family Centre and an inspection on the day.

· There were follow up emails that the works would happen.

· A ramp with a pit in it.

· Flooding and some other works on the list including lino inside the building.

· They were all listed and acknowledged and they have not been actioned.

· That happened last year and we were promised it was in the budget and agreed to, but it hasn’t happened.

The Chief Executive Officer responded: We will follow that up and find out what’s going on. I am aware of some of the issues from the Council meeting last year. We need to get to the bottom of why it hasn’t been done.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Ventris, M Seconded: Jenkins, D

27365

That the Minutes of the Ordinary Meeting of the Council held on 1 March 2018 be confirmed with the amendment that Isabel Flanagan to be noted as a minor.

MOTION carried 6/3

FOFOR	AGAINST
Cr W Eiby	Cr L Daubney
Cr V Herbert	Cr D Jenkins
Cr J Salomone	Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil

9. COUNCIL OFFICERS’ REPORTS:

9.2.1	Local Government Compliance Audit Return 1 January 2017 to 31 December 2017
9.3.1	Proposed Review of Policy 4.2.7 Native Title
9.3.2	Proposed Windy Harbour Lease Transfer - Site 227
9.3.3	Council Financial Payments January 2018
9.3.4	Monthly Financial Activity Statement - January 2018
9.3.5	Proposed Change in Term of Self Supporting Loan 226 - Pemberton Golf Club
9.5.1	Proposed Setback Variation for Dam at Lot 9164 Littlefair Road, Eastbrook
9.5.2	Proposed Plantation at Location 3792 Lefroy Road & Location 3811 Peppermint Grove Road, Smith Brook
9.5.3	Proposed Management Plan for Pioneer Park, Walpole
9.5.4	Finalisation of Pemberton Heritage Study
9.5.5	Proposed Works for Northcliffe Fire and Rescue Service and Northcliffe Bush Fire Brigade - No 10 (Lot 22) Banksia Street, Northcliffe
9.5.6	Proposed Subdivision at Lots 9466 & 9467 Jones Road, Yanmah
9.5.7	Proposed Industry - Extractive at Lot 7152 Perup Road, Perup
9.5.8	Proposed Industry - Extractive at Lot 739 (274) Dingup Road, Dingup
9.13.1	Review of Works and Services Policy 10.1.9 School Aid by Council's Works and Services Directorate
9.15.1	Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 20 February 2018
9.16.1	Minutes of the Audit Committee Meeting Held 1 March 2018

ATTACHMENT

9.2.1 Local Government Compliance Audit Return 1 January 2017 to 31 December 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	Whole Shire
DIRECTORATE:	Business
FILE REFERENCE:	F170049
LEGISLATION:	Local Government Act 1995
AUTHOR:	Craig Martyn
DATE OF REPORT:	9 March 2018
DECLARATION OF INTEREST:	Nil

Background:

Each Local Government is required to carry out a Compliance Audit Return (CAR) for the period 1 January 2017 to 31 December 2017.

The scope of the 2017 CAR has been expanded slightly from last year to include an additional seven questions relating to Integrated Planning and Reporting.

Regulation 14 of the Local Government (Audit) Regulations 1996 requires the local government’s Audit Committee review the CAR and report the results to the Council, prior to adoption by Council and submission to Department of Local Government Sport and Cultural Industries by 31 March 2017. On the 1 March 2018 the Shire of Manjimup Audit Committee met and reviewed the findings contained within the CAR.

A copy of the CAR for the Shire of Manjimup for the period 1 January 2017 to 31 December 2017 is attached.

ATTACHMENT: 9.2.1 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The 2017 Compliance Audit Return contained 94 items with one item of non-compliance, or 99% compliance.

Below is a table showing what parts of the Local Government Act 1995 are tested and the results thereon;

	2016 Compliance Return		2017 Compliance Return
Section	Number of Items	Number of Non-Compliant Items	Number of Items	Number of Non-Compliant Items
Commercial Enterprises by Local Government	5	0	5	0
Delegation of Power/Duty	13	0	13	1
Disclosure of Interest	16	0	16	0
Disposal of Property	2	0	2	0
Elections	1	0	1	0
Finance	14	0	14	0
Integrated Planning and Reporting	0	0	7	0
Local Government Employees	5	0	5	0
Official Conduct	6	0	6	0
Tenders for Providing Goods and Services	25	0	25	0
Totals	87	0	94	1
% non-compliance		0%		1%

Within the section Delegation of Power/Duty, the question, “Has Council reviewed delegations to its committees in the 2016/2017 financial year?” was considered non-compliant. Delegations were reviewed on 26 October 2017 which is outside of the 2016/2017 financial year, however, within the 2017 calendar year that the 2017 CAR reports on. It is therefore considered that this breach is minor in nature.

The review of the CAR by the Audit Committee was completed at the meeting on the 1 March 2018. The Committee’s minutes have been submitted to Council as a separate item in this agenda.

The 2017 CAR is required to be certified by the Shire President and the Chief Executive Officer then lodged with the DLGSC by the 31 March 2018.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The Local Government CAR is a mechanism designed to provide the Department responsible for Local Government with confidence that Local Governments are operating in accordance with the provisions of the Local Government Act 1995. As a result the Shire of Manjimup should look at the outcome of the audit as a critical indicative assessment of statutory performance across the defined period.

Organisational risk management:

The function of the CAR is to identify areas of non-compliance with high risk areas of the Local Government Act 1995 being tested.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: The CAR demonstrates a high level of compliance for the Shire of Manjimup. Good governance is expected by the community and is being delivered by Council.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the 2017 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2017 to 31 December 2017 as provided in Attachment: 9.2.1(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Herbert, V

27366

That Council adopt the 2017 Local Government Compliance Audit Return as the official return of Council for the period 1 January 2017 to 31 December 2017 as provided in Attachment: 9.2.1(1).

CARRIED: 9/0

Councillor Taylor returned to the Chamber at 6.33pm.

ATTACHMENT

9.3.3 Council Financial Payments January 2018

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	8 March 2018
DECLARATION OF INTEREST:	Nil

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the Minutes.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $3,361,540.28 for the month of January 2018 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.3(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 22 March 2018.

Fund	Vouchers	Amount
Municipal	90813 - 90890	$202,863.51
Trust Fund	-	$0
Total Cheques for Month of January 2018		$202,863.51

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 22 March 2018

Fund	Batch	Amount
Municipal	342 – 352	$3,154,586.09
Total EFT for Month of January 2018		$3,154,586.09

Corporate Credit Card January 2018 – Municipal Account

43.4000.350.50	DWER – Water Clearing Permit - Windy Harbour Rd, NCF		$50.00
20049.196.57	Kindred Nominees Boyanup CEO lunch - SW CEO’s Meeting		$28.00
87.4999.7339.52	James the Jewellers 25yrs Service Gift for Todd Ridley		$204.00
20049.197.57	SQ *Southern Roasting Refreshments CEO/SP meeting with WALGA		$28.00
86.4999.6405.57	Adobe Creative Cloud Creative Cloud CS7 Suite - PRO		$74.76
99999.908.99	Westnet Internet Services 1/1/18 – 1/2/18		$850.09
20027.29.52	Local Government Managers LG Professionals Finance Conference - DB		$1320.00
92.9007.3240.57	Slimline Warehouse Portable Lectern		$333.53
66.4999.7300.57	Adobe Creative Cloud Monthly Creative Cloud Subscription - CAO		$74.76
87.4999.6625.52	CPFS – WWCSU Working with Children Check - CDO		$84.00
712.1605.2867.58	City of Subiaco Parking – Interp site tour – Timber park project		$5.80
20221.1007.58	Lombard Pty Ltd Display Merchandise/Decorations QBR		$744.92
712.1605.2867.58	T & T Trade Pty Ltd Interp site tour – Timber park project ST:1 V:1		$50.50
712.1605.2867.58	Dome Armadale Interp site tour – Timber park project ST:1 V:1		$18.70
20020.3.57	STK*Shutterstock.com Images for advertising 365 days on demand		$55.51
20387.279.57	EB *South West Early Years General Admission – SW Early Years Forum		$25.00
85.4220.2044.57	WEX Australia (Coles) Groceries & Equipment for MRAC café		$51.81
20049.197.57	Patricia Ann Keegan (Bello Torta) SMT Meals/Refreshments ST:6		$91.30
Total Credit Card Payments			$4,090.68
Total Payments for the month January 2018		$3,361,540.28

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations (12) and (13)

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

As Stated

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during January 2018 totalling $3,361,540.28 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Ventris, M

27369

That Council receive the accounts paid during January 2018 totalling $3,361,540.28 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

CARRIED: 9/0

ATTACHMENT

9.5.1 Proposed Setback Variation for Dam at Lot 9164 Littlefair Road, Eastbrook

PROPONENT	JW Omodei
OWNER	JW Omodei
LOCATION / ADDRESS:	Lot 9164 Littlefair Road, Eastbrook
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P55282, DA18/6
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	2 March 2018
DECLARATION OF INTEREST:	Nil

Background:

The 33.5ha subject property is located 9 kilometres north of the Pemberton townsite on the eastern side of Littlefair Road. A Location Plan depicting the proposed development is provided below.

Location Plan

Currently the property is utilised for agricultural production, serviced by an existing dam with an approximate surface area of 5.4 ha. This existing dam is setback less than 10 metres from Littlefair Road.

Approval is now being sought to the construction of a second dam, increasing the water available for horticultural operations on the property. Site and Development Plans are attached.

ATTACHMENT: 9.5.1(1)

As detailed in the application it is proposed to construct a dam with a capacity of 130,862 cubic metres to service the onsite horticultural operations. To facilitate this, it is proposed a 220m long, 8m high dam wall be constructed 10m from the property boundary with Littlefair Road.

If approved, the dam will have a maximum depth of 7m and will extend approximately 320m east of the dam wall. Details submitted with the application indicate that the proposed dam wall will be covered in topsoil and will be re-seeded to stabilise the dam banks. Construction of the dam will require some existing vegetation to be removed.

Council is requested to determine the application given a relaxation of the front setback is being sought.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period to the affected adjoining landowners and the Department of Water and Environment Regulation (DWER). One submission was received from DWER, raising no objection to the proposal, although offering some comment. A copy of the submission is attached.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

As outlined by clause 8.4 (xxiv) of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme), the establishment of a dam does not require prior development approval, provided that the application complies with the following:

(a) Has been approved or does not require approval from any State Government agency or authority; and

(b) The lower edge of the dam wall, and any other part of the dam including the stored water is further than 20 metres from the boundary of the subject lot.

In this case, prior planning consent is required given that the dam when constructed will be less than 20 metres to the boundary. To guide Council in the determination of the application the following comments are offered:

Matters to be considered

Clause 10.2 of the Scheme requires that in determining applications for development approval, the local government is required to have regard to various matters, including but not limited to:

(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;

(vi) the local governments adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under clause 2.4;

(x) the compatibility of a use or development with its setting, including the potential impact on the use and enjoyment of adjacent and nearby land and taking into consideration any Special Control area;

(xxvi) the comments or submissions received from any authority that has been consulted;

(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

The application as submitted is consistent with the aims of the Scheme in that the land is identified as Priority Agricultural land and the resultant development will be used to support horticultural activities as provided by the applicant.

The balance of the criteria highlighted above are addressed below.

Policy Compliance

Adopted Local Planning Policy LPS4 6.1.11 – Rural Land Uses (the Policy) to provide guidance and ensure a consistent approach is taken when considering applications.

An assessment of the application against the policy provisions relating to dam construction confirms that the application complies with all requirements, with the exception of the required setbacks to the eastern boundary with Littlefair Road reserve.

Shire Officers have assessed the dam against the provisions of the Policy and are satisfied that the dam is proposed to be used for a bona fide agricultural purpose. The proposed dam will have a visual impact on Littlefair Road and upon further inspection of the area, there are several dams within the vicinity that are located on the boundary with some or no screening supplied.

Scheme Requirements

The Scheme exempts development approval of all dams that are located a minimum of 20m from any property boundary on land zoned Priority Agriculture and General Agriculture. In this case, the dam is proposed to be located less than 20m from the eastern property boundary and hence requires planning approval to be granted.

The Scheme and supporting Policy do not automatically prohibit a dam from being located closer than 20m to a property boundary. Rather, it is intended that development approval be sought and granted where a reduced setback is being sought given the potential for impact upon adjoining land.

Drainage and Potential Impact on Littlefair Road

In accordance with the Shires Technical Services Policy 9.1 – Engineering construction standards for Development Applications, proposals within rural areas must comply with the following:

‘Drainage must be dealt with on site, include retention and management to prevent erosion. With approval from the Manager of Technical Services stormwater run-off may be directed into Council’s roadside stormwater drains’.

Given the reduced setback to Littlefair Road there is a concern that drainage runoff from the dam may impact on the integrity of the road reserve adjacent to the dam. Little detail is provided within the application as to how drainage impacts are to be managed. In order to protect the integrity of the Shire’s road asset and the travelling public using Littlefair Road, it is recommended that a condition and an associated advice note be imposed, requesting the applicant provide further detail on the spillway and drainage system of the dam to the satisfaction of the Chief Executive Officer.

Risk/Structural Integrity

When considering an application for planning approval, clause 10.2 of the Scheme also requires the local government to consider whether the land is unsuitable for the proposal “by reason of it being, or likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk”.

In this case, data held by the Shire indicates that the proposed dam is an on-stream dam, to be located at the juncture of two streams, in relative close proximity to the Shire road reserve. Due care should therefore be taken to ensure that the Dam structure and spillways are designed so as to avoid any issues that may arise in association with a major weather event.

It is considered in the Shire’s interest to recommend to the landowner a civil/structural engineer should be employed to ensure the integrity of the dam wall. It is recommended that advice notes to that effect be included on any approval issued by Council.

DWER Advice

The submission by DWER provides no objection to the dam as proposed and advises that a licence to clear vegetation to facilitate the development of the dam has been approved by the department. DWER further advise that an application to take surface water and interfere with bed and banks is currently lodged with the department, but would be subject to Council granting approval for this development.

In light of the above, an advice note requesting the applicant to contact DWER’s Manjimup Office to finalise any further approvals required is recommended to be included on any approval granted by Council.

Conclusion

If the dam was to be setback 20m from all boundaries, the Shires prior development consent would not be required. Given Council’s ability to impose conditions designed to protect the amenity of adjoining properties and the road reserve, the conditional approval of this application is not anticipated to have a detrimental effect on the locality.

STATUTORY ENVIRONMENT:

Clause 5.5.1 of the Scheme permits Council to approve a development despite non-compliance with identified standards. It is therefore open to Council vary the required setbacks prescribed in clause 8.4 (xxiv) and approve the application unconditionally, or subject to such conditions as it thinks fit.

It must however be noted that the discretion conferred by clause 5.5.1 may only be exercised if the local government is satisfied that:

(i) Approval of the proposed development would be appropriate have regard to the criteria set out in clause 10.2; and

(ii) The non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality of the likely future development of the locality.

Should Council resolve to grant approval to the proposal, the proponents will then be required to obtain all necessary agency licences approvals.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Approval to the application will ensure that a suitable water source is established and maintained to support expanding horticultural operations on the property. Approval to the application would therefore be consistent with Strategy B1 of the Shire’s Community Strategic Plan being to “Support sustainable agricultural expansion..”

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 grant development approval to the application to construct a dam over Lot 9164 Littlefair Road, Eastbrook (Application TP 5/2018) subject to the following conditions and advice:

a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the Shire of Manjimup;

b) All stormwater and drainage runoff associated with the proposal hereby approved, is to be retained on the subject property or be provided with stormwater drainage connections to the Shire’s drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup;

c) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and

d) Prior to the commencement of dam construction, the applicant is to provide construction details of the overflow infrastructure and the method to be used to discharge any associated drainage to Littlefair Road. Such details are to be to the satisfaction of the Shire of Manjimup in accordance with Technical Services Policy 9.1.

2. Advises the Applicant:

a) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.

b) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

c) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on infrastructure located within the Littlefair Road road reserve;

d) With regards to the condition stated at clause 1(d) above, the applicant is requested to contact the Shire’s Technical Services Department for further advice;

e) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 9771 1878 to obtain any approvals or licences required to facilitate construction of the dam.

COUNCIL RESOLUTION:

Moved: Herbert, V

That Council:

c) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and

e) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.

2. Advises the Applicant:

a) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

b) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on infrastructure located within the Littlefair Road road reserve;

c) With regards to the condition stated at clause 1(d) above, the applicant is requested to contact the Shire’s Technical Services Department for further advice;

d) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 9771 1878 to obtain any approvals or licences required to facilitate construction of the dam.

Motion Lost due to no Seconder.

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Moved: Daubney, L Seconded: Jenkins, D

That Council:

c) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and

2. Advises the Applicant:

a) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.

b) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

c) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on infrastructure located within the Littlefair Road road reserve;

d) With regards to the condition stated at clause 1(d) above, the applicant is requested to contact the Shire’s Technical Services Department for further advice;

e) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 9771 1878 to obtain any approvals or licences required to facilitate construction of the dam.

MOTION carried 8/1

FOR	AGAINST
Cr L Daubney	Cr V Herbert
Cr W Eiby
Cr D Jenkins
Cr J Salomone
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

ATTACHMENT

9.5.2 Proposed Plantation at Location 3792 Lefroy Road & Location 3811 Peppermint Grove Road, Smith Brook

PROPONENT	WA Plantation Resources
OWNER	Woodrakarra Pty Ltd
LOCATION / ADDRESS:	Location 3792 Lefroy Road & Location 3811 Peppermint Grove Road, Smith Brook
WARD:	East
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA18/5 P50840, P50841, P50843
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	7 March 2018
DECLARATION OF INTEREST:	Nil

Background:

The subject properties have a collective area of 265.7ha and are located 13km south-east of the Manjimup townsite. The properties are surrounded by rural land and State Forest to the west.

Location Plan

In May 1997, the Shire granted conditional approval to a two rotation Tasmanian Blue-Gum (Eucalyptus globulus) plantation over the subject land. With harvesting of the second rotation being completed recently, the applicants are seeking approval to establish new crop over the two properties.

The 136ha plantation will be separated into 9 sectors sized between 0.8ha and 29.3ha largely across Location 3811. The sectors to be re-established are generally the same as those recently harvested with all onsite road infrastructure and firebreaks remaining as is. Location 3972 was replanted in 2008, but will provide an access point into the plantation area. Two sections of remnant native vegetation with a combined area of 18ha will remain on Location 3811.

The land currently contains a shed on Location 3811 and four small dams scattered throughout the plantation area. A dwelling and shed are located on Location 3972. The Plantation is proposed over the majority of the subject properties other than that accommodated by native vegetation, waterways and wet areas. Site and Plantation Management Plans are attached.

ATTACHMENT: 9.5.2(1)

Council is requested to determine the application given that a Plantation is considered a discretionary land use by the Scheme.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 21 day period. Correspondence was forwarded to neighbouring landowners, Department of Fire and Emergency Services (DFES) Department of Water and Environment Regulation (DWER), Department of Biodiversity, Conservation and Attractions (DBCA) and Main Roads Western Australia (MRWA).

No submissions were received from adjoining landowners or MRWA. A copy of submissions received from DFES, DWER and DBCA are attached.

ATTACHMENT: 9.5.2(2)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No.4 (the Scheme) includes the land within the Priority Agriculture Zone. The proposed use is classified under the Scheme as a Plantation, being an ‘A’ use within Priority Agricultural Zone. That is a use which is not permitted, unless Council has exercised its discretion by granting planning approval after publicly advertising the application in accordance with the requirements of clause 9.6 of the Scheme.

The Scheme defines as a “Plantation” as follows:

“A stand of trees of ten hectares, or larger, that has been established by sowing or planting of either native or exotic trees species selected and managed intensively for their commercial and/or environmental value. A plantation includes roads, tracks, firebreaks and small areas of native vegetation surrounded by plantations. Implicit in this definition is the recognition that the plantation will be harvested”.

The application has been assessed against Shire of Manjimup Local Planning Policy 6.1.11 Rural Land Uses (the Policy), DFES Guidelines for Plantation Fire Protection (the Guidelines) and the Forest Industries Federation of Western Australia’s Code of Practice for Tree Plantations (the Code of Practice) which are discussed below.

Access

Access to the proposed plantation under the Policy is required to be suitable and safe. In this instance the subject site fronts South West Highway, Peppermint Grove Road and Lefroy Road. Lefroy Road and South West Highway are proposed as the primary access roads to the properties. Peppermint Grove Road is not proposed to be utilised as an access road.

The application was forwarded onto MRWA as it is expected South West Highway will be utilised over the lifespan of the re-established Plantation. As stated within the Public Consultation section above, no comments have been received from MRWA.

In respect of access from Lefroy Road, being a Shire managed road, it is recommended that any approval include a condition to ensure the access is suitable and safe at the time of harvesting and the appropriate approvals are obtained from the Shire for the haulage routes prior to harvesting.

It is additionally recommended that a condition be imposed requiring the maintenance of Lefroy Road. This will ensure that the applicant is aware that they are responsible for, and are required to rectify, any proven damage to Lefroy Road and must maintain the life of the roads during the length of the harvesting operation, which is expected to commence in 2029.

Fire Management

The Fire Management Plan that forms part of the application is required to comply with the Guidelines and Code of Practice prepared by DFES and the Forest Industries Federation of WA for fire management respectively. Under the Guidelines the width of fire breaks, internal sector size, setback distances to dwellings and low fuel zones are stipulated. DFES offered no objection to the application subject to it being compliant with its Guidelines for Planning in Bushfire Prone Areas and State Planning Policy 3.7 Development in Bushfire Prone Areas.

Plantation Firebreaks and Sector Size

The application has proposed 15m wide external firebreaks along both the properties boundaries and 6m internal firebreaks between each sector. These firebreaks are deemed compliant with the Guidelines and Code of Practice as required by the Policy.

The Guidelines also stipulate that the area of each compartment within the proposed plantation is not to exceed 30 hectares in size. As the proposed four compartments as indicated above are no larger than 26 hectares in size. The proposed Plantation complies with this requirement.

In the event Council approves the application, a condition requiring compliance with both the requirements of the Code of Practice and Guidelines will be included on any approval issued, and that all fire management measures listed in the Fire Management Plan are to be implemented on an ongoing basis.

Availability of DBCA Fire Appliances

Within their submission, DBCA note that the Plantation Management Plan includes a statement that “the nearest Parks and Wildlife office is in Manjimup, and the next closest are in Pemberton”. DBCA state that no expectation that their fire-fighting resources will be available to combat a fire event on the property should be expected, and that the Department should not be referenced. In light of this comment, Shire officers recommend an appropriate condition be imposed requiring modification of the proposed Fire Management Plan to remove reference to DBCA fire fighting resources.

Adjacent Infrastructure

In relation to existing infrastructure the proposed plantation is required to be setback 50 metres from all the dwellings and outbuildings located on the subject site or on neighbouring properties. The subject site contains a dwelling and two sheds.

Whilst the dwelling is setback over 50m in all directions to the existing Plantation, the shed on Location 3811 is setback approximately 10m from the proposed Plantation area. In the event that the plantation is approved, it is recommended that a condition requiring the plantation to be setback from the shed in accordance with the Guidelines be included on any approval issued by Council. This ensures that should the shed be used, the standard setback requirements are applied.

It is also noted that there are dwellings and associated outbuildings located on the adjoining properties to the north and south. The setback distance to these buildings from the Plantation is over 100 metres in each instance. This exceeds the 50 metre setback and 50 metre low fuel zone requirement of the Guidelines.

Impacts on Water Resources

In order to reduce potential impacts on waterways within tree plantations, the Policy requires a setback distance of 6m either side of the water course. As the applicant has not stated that the Plantation will be setback to the four dams on the property, Shire Officers recommend that a condition requiring compliance with the 6m setback.

The advice provided from DWER provided no objection to the application. DWER notes that this proposal is for a third rotation establishment of a Plantation (E. globulus); and no clearing of native vegetation is proposed as all the plantation area has been established through previous rotations. The proposal is located within the Warren River and Tributaries Surface Water Area as proclaimed under the Rights in Water and Irrigation Act (RIWI) 1914. It is also within ‘Zone C’ of the Country Areas Water Supply Act Area 1947, where native vegetation clearing restrictions apply.

DWER’s available aerial imagery shows a waterway network (also shown on the plan submitted by the applicant) and an on-stream dam adjacent to Peppermint Grove Road, and note that the required 6m buffer to any waterway has not been maintained. The Department also identifies risks in potential for erosion, sediment transport and turbidity if operational activities intercept the waterway riparian zone and a possible detrimental impact on water quality (pesticides, herbicides and other chemicals) for licenced users downstream.

To mitigate these potential risks, DWER recommends that:

· The waterway riparian zone should be determined based on aerial imagery, landform (seasonal banks), and contours.

· A non-planted buffer of at least six meters should be maintained from the edge of a watercourse; and a separate allowance made for machine operations (during site preparation and harvesting) to ensure that the 6 metre non-planted buffer remains undisturbed.

· The taking of surface water to support the commercial operation may require a licence/permit from the Department under the RIWI Act 1914, and the proponent is therefore advised to contact the Department’s Manjimup licensing branch.

Conditions and advice reflecting the risk mitigation recommendations made by DWER and compliance with the Policy are recommended for any approval issued by Council.

Visual Impact

In accordance with the Policy, key locations with high visual aesthetic have been identified around each settlement (Northcliffe, Pemberton, Manjimup and Walpole) area that are located around or near designated regional roads. Applications for plantations within these locations are required to be assessed in regard to their visual impact from these regional roads, being major tourist routes within the Shire.

The subject site is not located within an identified area and therefore the Plantation complies with this aspect of the Policy.

Adjoining Land Uses

The subject properties are bound by agricultural properties on all boundaries. From an assessment of the site it appears that these properties contain buildings such as a dwelling and associated outbuildings. The surrounding properties are generally pastured lots and contain some remnant stands of native vegetation. Large areas of State Forest managed by DBCA are located to the west and south-east of the site.

The submission provided by DBCA requests that suitable fire protection measures are in place for the safety of the Plantation without dependence on the management provisions of adjacent DBCA managed land, and fire protection should be undertaken on the site. As illustrated within the ‘Fire Management’ section above, the applicant will be installing 15m wide firebreaks on boundaries, and 10m wide internal firebreaks between sections to comply with the Guidelines, as well as undertake a variety of onsite mitigation measures. A condition ensuring compliance with the Fire Management Plan is recommended to be included on any approval issued by Council.

DBCA also advises that if any native vegetation is to be removed as part of the proposal, DWER should be consulted to determine compliance with native vegetation clearing regulations. Whilst it is not proposed to remove any native vegetation, an advice note to this effect, as discussed above, will be included on any approval issued by Council.

Conclusion

Given the above, it is recommended that the application be approved subject to standard conditions in addition to those discussed in the report.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No. 4.

Policy / Strategic Implications:

The relationship of this application to the current Policy and the environment is discussed in the comment section.

Organisational risk management:

Nil.

Financial Implications:

The required Planning Application fee has been paid by the Applicant.

Sustainability:

Environmental: In this instance it is considered that the proposed plantation may produce a positive natural resource management outcome in the surrounding area as the subject application is not proposing to impact upon the existing waterway nor requires the removal of native vegetation to enable its establishment.

Economic: The application if approved will contribute to the area’s timber products industry and will continue to diversify the economy by providing employment opportunities within the Shire.

Social: As addressed in the comment section above it is considered that the adjoining land uses are compatible with the proposed Plantation. Therefore it is considered that there are no social implications as a result of the proposed plantation.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for a Plantation (Eucalyptus Globulus) at Location 3972 Lefroy Road and Location 3811 Peppermint Grove Road, Smith Brook in accordance with the submitted plans and specifications and subject to the following conditions:

a) Prior to commencement of the use hereby approved, the submitted Fire Management Plan shall be modified to remove reference to Department of Biodiversity, Conservation and Attractions fire fighting resources.

b) Prior to commencement of the use hereby approved, plans submitted with the application shall be modified to address the following matters to the satisfaction of the Chief Executive Officer:

i. Identification of the waterway network adjacent to the eastern boundary as identified by the Department of Water and Environmental Regulation;

ii. Identification of the waterway riparian zone, based on aerial imagery, landform (seasonal banks) and contours.

iii. A minimum setback of 6 metres being maintained on either side of any water course or dam;

c) In conducting the activity hereby approved the plantation Operator/Manager is required to comply with all relevant legislation, and to have particular regard to the general and reasonable amenity expectations of those who may be resident in the vicinity to the satisfaction of the Shire of Manjimup;

d) A separate ‘Harvesting Plan’ is to be submitted to the local government a minimum of 24 months prior to the anticipated commencement of the harvesting of the subject plantation. Not less than 12 months prior to commencement of harvesting operations, formal notification of the intention to harvest shall be given to the local government. The ‘Harvesting Plan’ is to be prepared in accordance with the latest Code of Practice for Timber Plantations (or equivalent) that is applicable at that time and shall be to the satisfaction of the Shire of Manjimup;

e) Fire management measures outlined in the application are to be implemented in accordance with the approved Fire Management Plan and are to meet the performance standards outlined in the Guidelines for Plantation Fire Protection document to the satisfaction of the Shire of Manjimup; and

f) Any proven damage to Lefroy Road caused by vehicles associated with the approved Plantation is to be repaired at the applicant’s cost to the satisfaction of the Shire of Manjimup;

g) At the completion of any harvesting the area which has been harvested shall be reinstated to the requirements and satisfaction of the responsible authority. In particular:

i. All waste shall be disposed of to the satisfaction of the responsible authority and should not be placed in or near any water course;

ii. Any surplus tree branches shall be adequately disposed and shall not be left on site if they contribute to a fire hazard on the property; and

iii. All temporary roads shall be reinstated and left providing for adequate drainage and soil stability without the need for continuous maintenance.

2. Advises the Applicant:

a) Further to condition No 1 above, the applicant is advised that the Department of Biodiversity, Conservation and Attractions (DBCA) have advised that fire-fighting resources available to DBCA should not be expected to combat a fire event within the property for the lifetime of the Plantation.

b) That the operation of the Plantation including its harvest is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’.

c) That should clearance of native vegetation or taking of surface water occur on the subject properties, the Department of Water and Environment Regulation is to be contacted to determine the need for any approval.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Salomone, J

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