Minutes of Ordinary Council

That the Minutes of the Ordinary Meeting of the Council held on 13 April 2022 be confirmed with correction to Announcements by the President, last item should have stated that ‘Councillor Jenkins conducted the meeting with Minister MacTiernan’.

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28784

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 58 of the Agenda with the exception of:

CARRIED: 10/0

9.1.1	Review of Councillor Attendance Fees, Allowances and Expenses for 2022/23
9.5.2	Proposed Extension to Use not Listed (Personal Fitness Studio) at Lot 173 (11) Rose Street, Manjimup
9.9.1	Proposed Budget Amendment - Grant Auspiced for Northcliffe Pioneer Museum - Relocation of Munro House

Items passed by En Bloc Resolution

9.2.1 Quarterly Report - January to March 2022 - Business Directorate

9.5.1 Proposed Uses - St Joseph's Manjimup Parish - No 28 (Lots 3, 4 and 130) Moore Street, Manjimup

9.5.3 Quarterly Report - January to March 2022 - Director of Development and Regulation

9.5.4 Request for Scheme Amendment to Rezone Lot 21 Perup Road, Balbarrup

9.6.1 Proposed Review of Council Policy 7.2.1 Temporary Accommodation

9.12.1 Proposed Closure and Amalgamation of a Portion of Ralston Road Unconstructed Road Reserve, Ringbark

9.12.2 Proposed Options for Managing Camper and Highway Traveller Waste During Peak Periods

9.16.1 Unconfirmed Minutes of the Pemberton Town Activation Committee Meeting Held 15 March 2022

9.16.2 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting Held 13 April 2022

ATTACHMENT

APPENDIX

9.5.1 Proposed Uses - St Joseph's Manjimup Parish - No 28 (Lots 3, 4 and 130) Moore Street, Manjimup

PROPONENT	St Joseph’s Parish
OWNER	Roman Catholic Bishop of Bunbury
LOCATION / ADDRESS:	No 28 (Lots 3,4 & 130) Moore Street, Manjimup
WARD:	Central
ZONE:	Clubs and Institutions
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160643
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	6 April 2022
DECLARATION OF INTEREST:	Nil

Background:

The St Joseph’s Manjimup Parish is located over three separate lots on the corner of Moore and Ipsen Street, having a total land area of 2,986m². The Parish Centre is located opposite the St Joseph’s Church and Kearnan College and is used for a range of parish activities associated with the church and school’s activities. A location plan is as shown below.

Location Plan

In October 2004, Council approved a request for the Parish Centre to be classified as non-rateable property under Section 6.26(2) of the Local Government Act 1995. The approval was granted having regard to a proposed list of land uses that were consistent with being a non-rateable property. A copy of the accepted list of uses is appended.

APPENDIX: 9.5.1(A)

Subsequently over time, the range of uses being undertaken changed and more recently it was identified that the Parish had been hiring the hall for several commercially based uses. Shire Officers have liaised with the Parish, who have ceased hiring the premises for commercial activities. To provide clarity regarding future use of the premises and to ensure the premises continues to be considered non-rateable, the Parish is now seeking agreement to a revised range of uses.

A copy of the submitted correspondence including the proposed list of uses is shown attached.

ATTACHMENT: 9.5.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The provisions of the Shires Local Planning Scheme No 4 (the Scheme) includes the subject land within the “Clubs and Institutions” Zone. As identified by the Scheme, the purpose of and objectives of the zone are as follows:

Purpose

The Purpose of this zone is to provide for the development or establishment of uses to satisfy the general cultural, religious, education, health, recreational and other needs of the community.

Objective

The local government’s objective in managing and guiding land use, development and subdivision within the Clubs and Institutions zone will be to provide for the establishment and ongoing use of a diverse range of activities which are either private or publicly owned, and the associated infrastructure to fulfil community requirements.

To assist Council in determining the acceptability of the uses detailed within the applicants submission, the following comments are offered:

Proposed List of Land Uses

The majority of the proposed uses as reflected within Attachment: 9.5.1 (1) were previously listed in the accepted list of uses shown at Appendix: 9.5.1 (A). Approval is now being sought to the following additional uses:

i. Rite of Christian Initiation of Adults (RCIA) Program;

ii. Soup Kitchen;

iii. Catholic Woman’s League Stalls;

iv. Irene’s Pilgrimage Camp;

v. Wedding Receptions for Parishioners;

vi. Baptismal Celebrations;

vii. Birthday Parties for Parishioners;

viii. Anniversary Celebrations for Parishioners; and

ix. St Vincent de Paul.

Although most of the above uses are self-explanatory and consistent with the activities of the Parish and School, the following additional details are provided in respect of the first four uses and activities undertaken in relation to St Vincent De Paul:

RCIA Program

RCIA is an acronym for the Rite of Christian Initiation of Adults where adults are initiated into the Roman Catholic Church. Being similar to Baptismal Celebrations, the activity is consistent with church activities.

Soup Kitchen

As part of the Church’s outreach programs, members of the church provide a welfare service, providing meals to help people in need. The Shire’s Principal Environmental Health Officer advises that the Parish should liaise with the Shire Officers to obtain the required food permit and ensure all activities to comply with the Food Act 2008.

Catholic Women’s League Stalls

The Catholic Women’s League of WA (CWLWA) is an organisation that was founded in 1937 who’s motto is Charity, Work and Loyalty. They are primarily organised within parish-based branches, but also welcome associate members who do not belong to a parish branch. The stalls are held from time to time to raise funds for the activities of the group and have previously been granted a permit by the Shire’s Principal Environmental Health Officer.

Where the stalls involve the sale or offering of food, all activities are required to comply with the Food Act 2008.

Irene’s Pilgrimage

Each year Year 10 students of Irene McCormack Catholic College (located in Perth’s suburb of Butler) travel in the footstep of Sister Irene McCormack on a pilgrimage, hearing from many Sisters who knew Sister McCormack well. This includes attendance at Kernan College where Sister Irene was previously the Principal. The group undertake a number of activities, spending time with local year 10 students and staying overnight at the Parish Centre.

Whilst the majority of these activities are consistent with activities of the school and church, students staying overnight at the Parish Hall. Given there is no commercial reward or gain from the provision of accommodation; and given that this only occurs on one night each year for visiting students, the activity could be considered incidental and no further approvals are required.

St Vincent de Paul

The St Vincent de Paul Society (the Society) is a lay Catholic organisation that does not received direct funding from the Catholic Church, but enjoys a close relationship with the Church and is assisted through its parishes and schools.

In addition to operating the “Vinnies” shop in Giblett Street, the Society provides a number of other supporting welfare services, activities and programs. Some of these programs are undertaken at the Parish along with the local administration activities. One such recent program was the operation of a food bank.

Use Permissibility

Consistent with the Purpose and Objectives of the “Clubs and Institutions” Zone, permissible uses are generally restricted to those that relate to typical activities undertaken as civic uses or by community groups, clubs and institutions.

An assessment of the proposed uses has identified that they are consistent with the land use classification of a “Place or Worship”, “Education Establishment” or “Community Purpose”. The list of proposed uses are therefore consistent with the purpose for which the Parish was built.

Rating Status

As detailed within the Background section of this agenda item, Council resolved in October 2004 to approve a request for the Parish Centre to be classified as non-rateable land under Section 6.26(2) of the Local Government Act 1995. The uses proposed within Attachment: 9.5.1(1) appear to be consistent with intent of those uses on which Council’s October 2004 decision was made.

Conclusion

The uses proposed are considered to be consistent with the operation of the parish and adjacent church/school. All activities list are not-for-profit based, are permissible within the zone and are consistent with the purpose for which the Parish was established. It is therefore recommended that Council approve the list of activities as being consistent with the charitable nature of the organisation.

In order to ensure clarity over the range of fund raising activities to be undertaken, it is recommended that advice be provided that such activities shall not include the leasing of the premises to a third party commercial operator. Such commercial activities are not permitted within the zone and may impact on the rating status of the land.

STATUTORY ENVIRONMENT:

Local Government Act 1995;

Planning and Development Act 2005; and

Food Act 2008.

Policy / Strategic Implications:

Continued operation of the additional activities listed in Attachment: 9.5.1(1) would be consistent with the following Community Goals and Strategies as contained within the Shire of Manjimup Strategic Community Plan 2021-2031:

Community Goals

3.1 The range of support services in our community are useful, empowering and aligned to community needs now and in the future.

3.2 The health and wellbeing of people of all ages and circumstances is supported within their own community.

Strategies

C2. Support volunteer community groups, encourage participation (particularly in the areas of emergency management) and acknowledge contributions to the community.

C3. Increase the availability of mental health, alcohol and other drug addiction, domestic violence and homelessness support.

Organisational risk management:

Nil.

Financial Implications:

The applicants are seeking clarity around the future use of the property to ensure compliance with the requirements of the Scheme and ensure that the Parish maintains it status as a non-rateable property under the Local Government.

Sustainability:

Environmental: Nil.

Economic: Agreement to the list of uses as proposed will provide clarity around Parish fund raising opportunities whilst ensuring that the premises are not used by commercial retailers or operators catering to the general public.

Social: Ongoing use of the Parish in accordance with the proposed list of uses will support the applicant in continuing the provision of a range of community support programs.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council advise the St Joseph’s Parish Manjimup that:

1. The proposed list of land uses as contained within Attachment: 9.5.1(1) are consistent with the operation of the Parish as a not for profit entity and are consistent with land uses permissible within the zone; and

2. Support of the proposed list of land uses should not be construed as including the leasing of the premises to a third party commercial operator for the purposes of that third party conducting retail or commercial activities.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28786

That Council advise the St Joseph’s Parish Manjimup that:

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.5.4 Request for Scheme Amendment to Rezone Lot 21 Perup Road, Balbarrup

PROPONENT	Wittenoom Consulting Engineers
OWNER	Rumenos Developments Pty Ltd
LOCATION / ADDRESS:	Lot 21 (No 285) Perup Road, Balbarrup
WARD:	Central
ZONE:	Rural-Residential (RR9)
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	DA22/61 & P56134
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	21 April 2022
DECLARATION OF INTEREST:	Nil

Background:

Lot 21 has an area of 53.1291ha and as shown on the location plan below, is located to the north of Perup Road. The land is currently developed with a single dwelling, several outbuildings and several small dams. A Western Power easement runs north south through the property.

LOCATION PLAN

As reflected on the plan above, the Manjimup Country Club abuts a portion of the sites western boundary line. Land to the north-west, north and north east consists of farmland, whilst State Forest abuts the sites eastern boundary.

Council is requested to determine a request from consultants on behalf of the landowner seeking to amend the provisions of Local Planning Scheme No 4 (the Scheme) in order to modify the current zoning from “Rural-Residential” to “General Agriculture” in order to facilitate a tourist based development. A copy of the correspondence received is shown attached.

ATTACHMENT: 9.5.4(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

To assist Council in determining whether to initiate a Scheme Amendment, the following comments and advice are provided:

History of Zoning

The subject land, along with the adjacent Lot 20 (No 307) Perup Road previously comprised Lot 2 Perup Road. Through Amendment No 67 to the Shire’s previous Town Planning Scheme No 2, the zoning of Lot 2 was modified from “Rural” to “Special Rural” in September 1996.

The purpose of the scheme amendment was to facilitate the then landowners desire to subdivide the land into 41 lots ranging from 1ha to 2ha in area in accordance with an approved Subdivision Guide Plan. A copy of the Subdivision Guide Plan is shown appended.

APPENDIX: 9.5.4(A)

Subdivision History

In 1997 conditional approval was granted for the creation of 41 lots in accordance with the approved Subdivision Guide Plan. However, that subdivision approval expired without being implemented.

Subsequently in June 1998, the landowner received approval for a two lot subdivision, resulting in Lot 20 (307) Perup Road, effectively being excised from the parent property. Lot 20, having an area of 5.8 hectare effectively contained four lots as shown on the approved Subdivision Guide Plan.

Local Planning Scheme No 4

The provisions of the Scheme include the subject land, along with Lot 1 (271) and Lot 20 (307) Perup Road within the Rural-Residential zone, being Rural-Residential Area No 9. In accordance with the special provisions contained in Schedule Two of the Scheme, subdivision and development of the land is required to generally accord with the approved Subdivision Guide Plan shown at Appendix: 9.5.4(A).

Current Request

The current landowner has advised that they do not wish to persue a Rural-Residential subdivision of the land. Alternatively they are seeking to establish a range of tourism related uses. Many such uses cannot legally be approved on land zoned Rural-Residential.

As a result they are seeking to have the land included within the General Agriculture Zone, under which their proposed uses can be considered. This zoning is consistent with the farmland to the north-west, north and north-east of the subject land.

Should the request be agreed to the area of Rural-Residential zoning relating to Rural-Residential Area No 9 would be reduced to Lots 1 and 20 Perup Road.

South West Infrastructure Plan

Finalised in 2015, the South West Regional Planning and Infrastructure Framework provides an overall strategic context for land-use. Within that document, the Western Australian Planning Commission (WAPC) sets out a number of positions aimed at ensuring sustainable communities including the aim of constraining low-density urban sprawl, through:

• preventing the creation of new rural residential lots beyond those identified in existing local planning strategies or local town planning schemes, while making provisions for the creation of conservation lots or other forms of lots that provide a mechanism for the protection of existing native vegetation or opportunities for revegetation of previously cleared land with endemic species;

• support increasing the density of existing rural residential areas where this is seen as beneficial to the community as a whole and does not adversely impact on the landscape and environmental values of the locality; and

• encourage infill consolidation in existing centres through the preparation of local planning strategies, schemes and structure plans. Such infill should be in line with the objectives and policies outlined in Liveable Neighbourhoods.

Other Available Rural Residential Zoned land

The rezoning of the subject land (53.1291ha) as requested would prevent the creation of approximately 37 Rural Residential lots currently catered for within the Scheme. It should however be noted that the Scheme contains substantial areas of Rural-Residential zoned land that is yet to be developed. The following is a summary of those areas, being within or adjacent to the Manjimup Townsite:

· RR9 – The balance of the land within RR9, being Lots 1 and 20 Perup Road having a total area of 11.5ha, capable of being subdivided into 7-8 Rural Residential lots based on the approved Subdivision Guide Plan;

· RR15 – Being an area of approximately 30ha within Lot 377 Perup Road, Manjimup;

· RR 18 – Being Lot 18 Manjin Drive, having an area of approximately 8.9ha and frontage to both multiple road reserves;

· RR23 - Consisting of Lots 4, 6223 and 820 South West Highway, having a combined area of approximately 106.779ha; and

· A proposal for a minor extension of the Demiris Drive estate.

It is therefore considered that the Scheme contains an adequate area of land to meet the demand for Rural-Residential lots in the foreseeable future.

Scheme Amendment Process

Council is being requested to initiate the Amendment. Until such time that initiation occurs the proposal remains outside of the legislative process that is dictated by the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015. There is also no avenue of appeal in the event that Council does not initiate an amendment.

Should Council resolve to initiate the Amendment, the subsequent process is summarised as follows:

· The applicant will provide suitable Scheme Amendment documents for endorsement;

· A copy of the Amendment is forwarded to the Department of Environmental Protection for Assessment of the potential environmental impact;

· Advice of Council’s decision to prepare or adopt a scheme amendment is referred to the WAPC;

· The amendment is advised for public comment;

· Council is required to consider final adoption of the amendment, with or without modification having regard to the submissions received;

· Advice of Council’s decision is forwarded to the WAPC with a request for the Minister to consider the amendment;

· The Minister may approve the amendment with, or without modification or refuse the amendment; and

· If approved by the Minister, arrangements are made to publish the amendment in the government gazette and publically advertise finalisation of the amendment.

In this case, whilst it is recommended that the applicants request should be supported, initiation of the amendment is not recommended until suitable amendment documentation is received and the required application fee paid.

Should Council support the applicant’s request, Shire employees will liaise with the landowner over the preparation of suitable scheme amendment documents. Once these documents are available, a further report will be prepared for Council to consider adoption and advertising of the amendment in accordance with requirements of the Planning and Development Act 2005.

Conclusion

The landowner has advised that they have no intention of subdividing the land for Rural-Residential purposes and wish to pursue an alternative development that could be considered within the General Agricultural Zone. Given the landowners intentions and having regard to the zoning of the adjacent rural land holdings, it is recommended that the applicants request be supported.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005.

Policy / Strategic Implications:

The Shire of Manjimup’s Strategic Community Plan 2021-2031 identifies the following Community Goals and Strategies that are relevant to the applicants request:

Community Goals

2.3 The local economy is diversified and supports a range of industries and job opportunities; and

2.6 Our region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination.

Strategies

B4 Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections and continued support for the Southern Forest Food Council;

B12 Provide development opportunities and support local small business to thrive;

B16. Support services and infrastructure to encourage caravan and RV Tourism; and

D7. Review or amend the Local Planning Scheme to meet the changing needs of community and industry.

Preliminary advice from the applicant indicates that they are seeking to propose a tourist related development including a mix of chalets, caravan bays, camping sites and appropriate facilities including a possible micro-brewery. Such a development would still need to be assessed against the requirements of the Scheme, if and when approval is sought. The concept is however consistent with the above Community Goals and Strategies.

Organisational risk management:

Nil.

Financial Implications:

Should Council resolve to proceed with the Scheme Amendment as requested, all costs will be borne by the proponent.

Sustainability:

Environmental: To be assessed as part of the Scheme Amendment process.

Economic: Supporting the landowners proposal will provide the landowner with an opportunity to consider the development of the land in accordance with the proposed General Agriculture Zone.

Social: Although supporting the applicants will effectively remove up to 37 future Rural-Residential lots from the Scheme, adequate undeveloped Rural-Residential land remains zoned under the Scheme. This land, subject to landowners actions, will be adequate to meet the needs for such allotments for the foreseeable future.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Resolve to support the applicants request to amend Local Planning Scheme No 4 as follows:

a) Rezone Lot 21 Perup Road, Balbarraup from “Rural-Residential” to “General Agriculture”; and

b) Modify the provisions relating to Rural-Residential Area RR9 accordingly.

2. Request the applicant to arrange the preparation of the required Scheme Amendment documentation by a suitably qualified consultant to the Shire of Manjimup;

3. Advise the applicant that the payment of the Shire’s administration fee for a Standard Scheme Amendment being a total of $2,530 prior to Council further considering the request and that additionally they will be responsible for meeting all costs associated with the preparation and advertising of the Scheme Amendment; and

4. Defer consideration in respect of the intitation and advertising of the Scheme Amendment referred to in point 1 above, pending a further report to Council following the payment of the required application fees and receipt of amendment documentation prepared to the satisfaction of the Chief Executive Officer.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28788

That Council:

1. Resolve to support the applicants request to amend Local Planning Scheme No 4 as follows:

a) Rezone Lot 21 Perup Road, Balbarraup from “Rural-Residential” to “General Agriculture”; and

b) Modify the provisions relating to Rural-Residential Area RR9 accordingly.

2. Request the applicant to arrange the preparation of the required Scheme Amendment documentation by a suitably qualified consultant to the Shire of Manjimup;

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.6.1 Proposed Review of Council Policy 7.2.1 Temporary Accommodation

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F161012
LEGISLATION:	Local Government Act 1995, Caravan Parks and Camping Grounds Act 1995, Health (Miscellaneous Provisions) Act 1911, Building Act 2011
AUTHOR:	Peter Krispyn/Brian Robinson
DATE OF REPORT:	14 April 2022
DECLARATION OF INTEREST:	Nil

Background:

Council Policies are regularly reviewed to ensure consistency between the policies, the Council decision making and the response to community feedback. Generally, this occurs after a period of four years or where requested by Council.

Council Policy 7.2.1 - Temporary Accommodation (the Policy) was last reviewed at the Ordinary Council meeting held on 8 December 2016. A copy of the Policy as adopted is Appended.

APPENDIX: 9.6.1(A)

Shire Officers have completed a review of the Policy and are recommending modification of the proposed policy as detailed in the Comment section below. A copy of the draft policy is attached.

ATTACHMENT: 9.6.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

A policy review is intended to make amendments to existing policies based on past performance, future demands and changes to the relevant legislation. In this case, the policy has been reviewed to:

a) Modify the format to be consistent with other adopted Council Policies;

b) Provide further clarification as to the land on which approval may be granted to Temporary Accommodation; and

c) Limit the use of Temporary Accommodation in areas that are identified as Bushfire Prone.

Further information on points (b) and (c) above are provided below.

Demonstrated Need – Remote Building Sites

There is a demonstrated need for proponents and/or their builders to temporarily reside on their building site during construction of their dwelling when the building site is remote from a townsite. Permitting temporary accommodation ensures security of the building site and assists with timely construction with people involved in the construction being on-site.

Townsites and other Urban Areas

Generally speaking the use of temporary accommodation is not supported within town-sites and other urban/residential areas on the basis that:

a) The need for on-site security is dramatically reduced as there is a higher level of natural surveillance over any construction given neighbouring properties and larger numbers of people moving about in the area;

b) Other accommodation options exist in the area for both landowners and workers associated with the construction; and

c) Within town-sites and other urban areas, typically lot sizes are smaller and neighbours are in closer proximity. As a result activities undertaken on land (particularly residential zoned lots) have a greater potential to impact on the amenity of an area.

Area of Application

Whilst the issues associated with a remote building site are acknowledged within the current policy, the area of application is limited to General Agriculture, Priority Agriculture and Rural Residential property. This effectively means that applications relating to all other zones (i.e. Rural Smallholdings Zone) must be referred to Council for determination.

It is recommended that the list of zones where applications can be considered be expanded to include the Rural Small Holdings Zone, Rural Conservation Zone and the Bushland Protection Zone.

Bushfire Prone Areas

Substantial areas within the Shire are identified as Bushfire Prone. Where a proposed habitable development is located on land within the area identified as Bushfire Prone, an assessment of the Bushfire Attack Level (BAL) is required to determine the standard of construction specified within Australian Standard AS3959. In accordance with State Planning Policy No 3.7, prior planning approval is required where that assessment identifies a BAL rating greater than BAL-29 and the development is located on land greater than 1,100m² in area.

As stated on page 41 of State Planning Policy No 3.7, “for a non-habitable shed not associated with a dwelling, no planning approval is required unless the Scheme requires it. Similarly, the bushfire construction requirements under the Building Code of Australia do not apply if the shed is not associated with the main dwelling.”. A shed on vacant land would not be associated with a dwelling.

As a result where planning approval is required under Local Planning Scheme No 4, outbuildings are not subjected to any assessment of bushfire risk and not required to meet bushfire construction requirements. Use of such outbuildings for temporary accommodation could therefore be putting lives and assets at risk in the event of a bushfire.

In order to minimise the potential risks, it is recommended that consideration be given to preventing the approval of outbuildings for temporary accommodation under delegated authority in situations where a Bushfire Attack Level above a BAL Low exists.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Caravan Parks and Camping Grounds Act 1995, Health (Miscellaneous Provisions) Act 1911 and Building Act 2011.

Policy / Strategic Implications:

Regular reviews are undertaken of policies to ensure currency and effectiveness.

Organisational risk management:

As detailed in the comment section of this agenda item, there are risks associated with allowing the use of existing or proposed outbuildings that have not be assessed or constructed to address the threat of bushfire.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The Temporary Accommodation policy provides the ability for specified property owners in the process of building a dwelling to reside at their property whilst construction of the dwelling is undertaken. This ability to reside at the property assists in the rapid completion of the dwelling through proximity to works and through financial savings through a reduction in accommodation expenses.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the reviewed Building Services Policy 7.2.1 Temporary Accommodation as shown in Attachment: 9.6.1(1)

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28789

That Council adopt the reviewed Building Services Policy 7.2.1 Temporary Accommodation as shown in Attachment: 9.6.1(1)

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.12.1 Proposed Closure and Amalgamation of a Portion of Ralston Road Unconstructed Road Reserve, Ringbark

PROPONENT	Peter & Maria Vellios
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Ralston Road, Ringbark
WARD:	North
ZONE:	Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F220050
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Catherine Mills
DATE OF REPORT:	19 April 2022
DECLARATION OF INTEREST:	Nil

Background:

Council has received a request to close a portion of Ralston Road Reserve, Ringbark. The subject road reserve adjoins Lot 12614 (186) Ralston Road, Ringbark owned by the proponent and their intent is to amalgamate the closed portion of road reserve into the existing property. This section of unconstructed road is also commonly known as Rana Road. The proponent intends to make use of the additional land area for agricultural purposes. The image below shows the location of the reserve in relation to the nearby roads.

The purpose of this agenda item is to determine Council support for the closure of a portion of Ralston Road reserve and authorisation to initiate a public consultation process in accordance with the Land Administration Act 1997.

PUBLIC Consultation Undertaken:

Nil. If supported, in accordance with the Land Administration Act 1997 and the Local Government Act 1995, public notice advertising will be required as will direct consultation with neighbouring property owners and Government services.

COMMENT (Includes Options):

At the December 2018 meeting Council agreed to approve the closure of an adjacent section of this same road reserve and amalgamate the area with the neighbouring Lot 440 (206) Ralston Road. This process is at ‘Contract of Sale” stage with the Department of Planning Lands and Heritage (DPLH) and the original proponent. Access to Lot 440 (206) will be maintained from the sealed section of Ralston Road.

The current application and proposed closure of portion of Ralston Road unconstructed road reserve does not pose any land lock issues for any adjoining property owners in the area. It is therefore recommended that Council approve the closure of this portion of unconstructed road reserve and subsequent amalgamation into Lot 12614 (186) Ralston Road, Ringbark, subject to the outcomes of the public consultation process. The amalgamation process will require the proponent to negotiate with DPLH regarding the cost for the purchase of the land.

If supported, public notice advertising will be required and direct consultation via posted letters with neighbouring property owners and government services will be undertaken as per Shire procedure.

Should Council receive no objection to the proposal during the public consultation period, this proposed disposal of a portion of road reserve will be forwarded to the DPLH for finalisation hence, one of the recommendations to Council indemnifies the Minister for Lands against any claim for compensation resulting from the proposed road closure.

STATUTORY ENVIRONMENT:

To enable the closure of a public road, the Land Administration Act 1997 prescribes a public consultation period followed by a resolution of Council after which, the proposal is submitted to the DPLH.

The Local Government Act 1995 requires public notice for partial or whole road closure.

Policy / Strategic Implications:

Closing and amalgamating the unrequired road reserve serves to reduce the overall land management potential burden on the organisation. The road reserve area to be closed through this proposal is approximately 12,850m².

Organisational risk management:

Nil. Prior to Council initiating the road closure process, there is an obligation to ensure that the proposal will not result in land lock issues nor additional costs being imposed by the Shire. Both issues have been negated.

Financial Implications:

Nil. The progression of the road closure is on the basis that the proponent pays all fees and assumes all associated costs included survey fees. The Shire’s fee for this process is $990 and the invoice has been paid by the proponent.

Sustainability:

Environmental: Nil.

Economic: Reducing the number of unconstructed road reserves within the Shire that provide no strategic importance reduces unnecessary land administration activities by the Shire.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council;

1. Advise the applicant that it is prepared to support the closure of a portion of Ralston Road unconstructed road reserve, Ringbark, subject to no objections received in response to the public consultation period detailed in point 2 below;

2. Approve the undertaking of a public consultation process regarding the proposed closure of a portion of Ralston Road unconstructed road reserve, Ringbark and subsequent amalgamation into adjacent Lot 12614 (186) Ralston Road, Ringbark in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;

3. Subject to no objections being received in response to the advertising referred to in point 2 above, grant delegated authority to the Chief Executive Officer to forward a request to the Minister for Lands for approval to close that portion of road reserve in accordance with section 58 of the Land Administration Act 1997;

4. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28790

That Council;

4. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and

5. Be provided with a new agenda report should objections or notable comments be received as a result of the public consultation.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.12.2 Proposed Options for Managing Camper and Highway Traveller Waste During Peak Periods

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180162
LEGISLATION:	Litter Act 1979 Litter Regulations 1981
AUTHOR:	Mark Sewell
DATE OF REPORT:	20 April 2022
DECLARATION OF INTEREST:	Nil

Council deferred this item at the 24 March 2022 meeting to be workshopped during the Council information briefing session on the 13 April 2022 and is now represented unchanged.

Background:

Since at least the 2014/15 financial year, the Shire of Manjimup has been providing three cubic metre (3m³) skip bins and a ‘rubbish trailer’ at strategic points across the Shire during school holidays and other peak periods. Prior to 2014/15 Main Roads Western Australia (MRWA) had removed its highway road side bins along with Department of Biodiversity, Conservation and Attractions (DBCA also removed bins from its camping grounds. These actions created a significant litter issue in the Shire.

The purpose of the Shire’s ‘holiday skip bins’ and rubbish trailer is to provide a waste collection and removal service for campers and highway travellers visiting the Shire of Manjimup during holiday and other peak periods.

In the 2021/22 financial year the skip bins were located at the intersection of the South West Highway and Vasse Highway, in the car park on Vasse Highway opposite the Pemberton Hotel and in the car park outside the public toilets at the front of the Northcliffe General Store. The rubbish trailer was positioned at Walpole in the long vehicle parking area to the east end of Pioneer Park between mid-December and Easter each year.

In the past, a holiday skip bin was also provided in the Manjimup townsite at the pull-in bay adjacent to the Northern Arch. However, this 3m³skip bin is no longer provided having been replaced by one standard 240 litre wheelie bin fixed to a stand in the pull-in bay which serviced three times each week throughout the year. The southern information bay at Manjimup also has a standard 240 litre wheelie bin fixed to a stand.

Since the 2014/15 financial year the volume of waste being disposed of at the holiday skips has increased significantly. This has led to users first piling waste material higher onto and above the tops of the skip bins and then to ‘dumping’ waste material on the ground around the already-full skip bins. Despite increasing the servicing (emptying) frequency when it has been possible to engage the contractors and additionally, engaging a (different) local contractor to manually remove dumped rubbish from around some skip bins daily, this practice has continued to result in negative visual impact at each location.

At the same time the range of waste materials being disposed into the skip bins and trailer has broadened from small bags of what could reasonably be described as ‘general waste’ to including a range of bulk items and unacceptable (hazardous) materials. These items include vehicle batteries, 20 litre drums of used motor oil, half full tins of paint, broken household fittings, small sofas, home renovation waste, discarded mechanical parts including car seats, e-waste (electronic waste), fishing bait and home-butchered meat off-cuts. These unacceptable and bulk items have caused significant issues to the collection process, such as damage to the vehicles emptying the bins which are then put of action for a period of time.

Significant amounts of useful recyclable materials (beverage cans, bottles and cardboard cartons) are also disposed but immediately become too contaminated to retrieve. It is broadly considered unacceptable to dispose of these materials to landfill, but mixed wastes in skip bins present no other viable option.

The purpose of this report is to present an option for Council to consider in determining how best to provide appropriate and effective waste services for campers and highway travellers in the future.

PUBLIC Consultation Undertaken:

No direct public consultation has been carried out within the Shire of Manjimup. However, telephone and Antenno complaints from both residents and visitors about overfull skip bins and their negative visual impact have been received particularly during the Christmas and Easter holiday periods. Local social media platforms have carried photographs and individual comments from time to time.

An email ‘straw poll’ of waste officers at other South West and Great Southern local government areas was carried out in 2019 in order to learn about other LGA’s approaches to camper and traveller waste. Responses from this informal survey were gathered together and the resulting Table is attached.

ATTACHMENT: 9.12.2(1)

COMMENT (Includes Options):

At present, the direct cost of maintaining the current level of service is approximately $21,900 per year, of which $4,000 is funded by DBCA under the MOU.

The total volume of material disposed to the skip bins during holidays and peak periods (12 weeks per year) is conservatively estimated at 200 to 300 cubic metres. General waste presented to a Waste Transfer Station in the Shire of Manjimup presently attracts a tipping fee of $25.91 per cubic metre excluding GST. No tipping fees are collected against any of the material disposed of in the holiday and peak period skip bins. Therefore, the costs for the management and removal of this waste is paid by Waste rates. The people who are generating this waste are not paying for the disposal of the waste.

This report provides three options for the current holiday skip bin service for Council to consider: (A) increase the existing skip bin service, (B) cease the existing skip bin service and implement an alternative service or (C) no change to the current service.

If the existing holiday skip bin service is to be increased (option A), then there are three further options: increase the frequency at which skip bins are emptied (option A1); increase the capacity of the skip bins by using more of them (A2); or both (A3). Each of the A options would be delivered through a commercial waste collection contractor equipped to supply and service front load skip bins.

If Council wishes to cease the existing holiday skip bin service and implement an alternative service (option B), then, again, there are three further options: increase local street bin services by increasing the number of bins and by having them emptied more frequently (B1); increase local waste transfer station operating hours during holiday and peak periods (B2); or both (B3). Each of the B options would be delivered through Independent Contractor Agreements with local contractors.

Implementing option B2 (increase local Waste Transfer Station hours during holiday and peak periods) would also provide opportunity to collect tipping fees for that proportion of the camping and highway traveller waste which is disposed of at the transfer stations. The additional opening hours and transfer of waste will incur extra costs that will be offset by the tipping fees revenue. However, implementing option B2 could also require some initial expenditure on improved public signage to better direct users to the waste transfer stations.

A combination of options A and B is unlikely to result in any positive effect. This is because given a choice most users would be more likely to utilise the skip bins under option A than to use the street bins and increased transfer station operating hours of option B.

If Council determines that no change to the current level of service is required, then option C, no change, exists.

The table below shows the total annual direct costs (excluding GST) for the various options.

Table: Options for managing camper and highway traveller waste
Option A			Option B			Option C
Increase existing holiday skip bin services			Cease holiday skip bins and implement alternative services			No change (maintain existing services)
A1	more skip bins	$31,300	B1	increase local street bin service	$14,300	C1	maintain present skip bin service	$21,900
A2	more frequent emptying of skip bins	$35,900	B2	increase local Waste Transfer Station operating hours	$11,500
A3	both, which has a saving associated with the handling costs	$64,995	B3	both	$25,800

It is expected that there will continue to be complaints and community dissatisfaction expressed whichever option is chosen, either from people who do not like seeing over-full skip bins or from people who want the convenience of skip bins and don’t want to pay tipping fees for their waste material at transfer stations.

Council is requested to support option B3 which is to increase local street bin services by increasing the number of bins and by having them emptied more frequently as well as increasing local waste transfer station operating hours during holiday and peak periods. This removes the unsightly issue of rubbish pile up around bins and then provides the Shire with appropriate income for managing this waste. By increasing the local street bin service dumping of unacceptable, hazardous and bulk waste is discouraged or prevented and the tourist and holidaymaker market is targeted.

Pending Council’s decision to support Option B3, Officers recommend that Council approve a 12 month trial period of increased street bin services and increased Waste Transfer Station opening hours.

STATUTORY ENVIRONMENT:

The Litter Regulations 1981 (the Regulation recommend that litter receptacles have “a capacity of not less than 60 and not more than 200 litres”. The skip bins presently provided by the Shire of Manjimup for campers and highway travellers’ waste are 3,000 litres each.

The Regulations state that “a person shall not deposit any domestic or commercial waste in a public litter receptacle.” The Regulations define domestic waste as “waste material of any kind generated by private dwellings, and includes garbage, lawn clippings and old furnishings.”

Policy / Strategic Implications:

Providing best practice waste collection services supports the Shire of Manjimup Strategic Community Plan 2021 – 2031.

· Theme 1 Our Natural Environment, Community Goal 1.5: “Waste management strategies are expanded and a greater range of options provided to ensure we minimise the negative impacts on our environment”;

· Strategy A15 (“Continue to diversify waste management options and encourage waste avoidance, reduction, reuse and recycling”); and

· Strategy A16 (“Provide and maintain public rubbish bins to minimise overflow and littering”), and the Community Indicator “Number of waste management streams available to the community.”

Organisational risk management:

Risks to the Shire of Manjimup include:

· a risk to revenue if a waste collection and disposal service is provided with no mechanism to collect applicable fees;

· a risk to reputation through negative impact on residents and visitors caused by visible waste.;

· a risk to compliance if Department of Water and Environmental Regulation considers skip bins (of 3 cubic metre capacity) are acting as an unregistered waste facility; and/or

· a risk to the budget of funds required for other waste management tasks if the costs of collecting and managing camper and highway traveller waste blows out.

Financial Implications:

The Shire of Manjimup’s provision of holiday skip bins is supported in part by the DBCA under a 2017/18 Memorandum of Understanding (MOU) with the Shire of Manjimup, who have committed a fixed $4,000 per year until the end of the 2026/27 financial year. However, as the volume of waste disposed at the holiday skip bins has increased, so has the annual total cost of the service.

MRWA through their agent Fulton Hogan do not at present provide any funding support for the provision of holiday skip bins. However, in recent communications with the Shire of Manjimup they have indicated that they are very open to discussion in any process which leads to a satisfactory method of providing a waste service for highway travellers.

The estimated direct cost of each option appears in the Table “Options for managing camper and highway traveller waste” in the Comments section. Options B2 and B3 utilise the Shire’s manned waste transfer station facilities and therefore provide opportunity to collect tipping fees to offset the associated direct and ongoing costs. If Council approves the trail period of increased street bins services and Waste Transfer Station opening hours, the cost will be absorbed in the current budget.

Sustainability:

Environmental: The provision of an effective waste service for campers and highway travellers may aid in reducing the likelihood of such visitors disposing of their waste material illegally by dumping it in natural places or other public spaces.

Economic: The costs incurred in collecting and managing waste can only be offset if that same waste generates some revenue at the point of disposal.

Social: Campers and highway travellers are likely to enjoy their time in the Shire of Manjimup more if they usually have convenient access to facilities. However, it is very likely that most campers, highway travellers and people who live in the Shire of Manjimup alike will be negatively impacted by the sight of large volumes of piled waste at prominent locations. Whether the former enjoyment outweighs the latter negative impacts is difficult to predict.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Approve the discontinuation of the current holiday skip bins service;

2. Approve a 12 month trial period to 30 June 2023 that increases local street bin services by increasing the number of bins and by having them emptied more frequently as well as increasing local Waste Transfer Station operating hours during holiday and peak periods; and

3. Seek additional funds for the management of holiday and tourist roadside waste from Department of Biodiversity, Conservation and attractions and Main Roads Western Australia.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28791

That Council:

1. Approve the discontinuation of the current holiday skip bins service;

3. Seek additional funds for the management of holiday and tourist roadside waste from Department of Biodiversity, Conservation and attractions and Main Roads Western Australia.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.16.2 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting Held 13 April 2022

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Works and Services
FILE REFERENCE:	F180208
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	19 April 2022
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to consider the minutes of the Road Infrastructure Advisory Committee meeting held on 13 April 2022. The purpose of the Committee is to review the Shire’s road infrastructure components of the 15 year Forward Capital Works Plan and to review and amend the Shire’s annual Infrastructure Works budget. A copy of the minutes are attached.

ATTACHMENT: 9.16.2(1)

The functions of the Committee are:

1. To review the Infrastructure Works components of the Shire’s 15 year Forward Capital Works Plan.

2. To review the Shire’s Infrastructure Works Budget.

3. Review amendments to the Shire’s Infrastructure Works Budget.

4. To meet on special occasion to investigate and/or evaluate urgent road infrastructure issues.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Committee considered and discussed a number of issues including progress on the Committee’s intent to seal Old Vasse Road and other road related issues. The Committee also provide further clarification about the sections of Chesapeake Road for which the Shire should be responsible. The Committee also considered the Shire’s draft Infrastructure Budget 2022/23 Version 1.

Committee Recommendation	Officer’s Comment
That the Committee recommend the Director of Works and Services engage in discussions with DBCA that DBCA take all responsibility of Chesapeake Road from Gardiner River to Broke Inlet Road.	Supported and dealt with administratively until there is a formal proposal from Council.
That the Committee not endorse the proposed Airfield footpath $30,000 allocation in the draft Infrastructure Budget 2022/23 V2.	Supported and dealt with as part of the reports recommendation to Council.
That the Committee endorse the proposed Infrastructure Budget 2022/2023 V2 for Council’s consideration, with the amendment of including $90,000 for the sealing of Errington Lane from the proposed increase of $100,000 to the overall Infrastructure Budget as per the Corporate Business Plan 2021-2025.	Supported and dealt with as part of the reports recommendation to Council.

Following the Committee’s recommendations, as shown above, further detail is provided regarding the Committee’s decisions. The $30,000 allocation for the Airfield footpath was not considered as part of the Infrastructure Budget V2 given the amount of available resources required for construction compared with the expected of the path. The Committee recommended that the Infrastructure Budget V2 also include $90,000 for the sealing of Errington Lane, which is to be funded from part of the proposed $100,000 to the overall Infrastructure Budget as per the Corporate Business Plan 2021-2025.

Council is requested to receive the minutes of the committee meeting, held 13 April 2022.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Shire of Manjimup Long Term Financial Plan.
Council Policy 9.1.14 Road Hierarchy.

Organisational risk management:

The Road Infrastructure Advisory Committee reduces risk to the organisation by meeting to ensure effective planning, budgeting and works are undertaken for the Shire’s road infrastructure.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed minutes of the Road Infrastructure Advisory Committee meeting held on 13 April 2022, as shown in Attachment: 9.16.2(1); and

2. Endorse the proposed Infrastructure Budget 2022/2023 V2, with the amendment of including $90,000 for the sealing of Errington Lane from the proposed increase of $100,000 to the overall Infrastructure Budget as per the Corporate Business Plan 2021-2025, for Council’s 2022/23 Budget deliberations.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28793

That Council:

1. Receive the unconfirmed minutes of the Road Infrastructure Advisory Committee meeting held on 13 April 2022, as shown in Attachment: 9.16.2(1); and

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

APPENDIX

9.1.1 Review of Councillor Attendance Fees, Allowances and Expenses for 2022/23

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160562
LEGISLATION:	Local Government (Administration) Regulations 1996 Salaries and Allowances Act 1975
AUTHOR:	Andrew Campbell
DATE OF REPORT:	13 April 2022
DECLARATION OF INTEREST:	The Chief Executive Officer’s Total Reward Package is calculated from the Band range provided in the statutory Salaries and Allowances Tribunal determination however this item relates to Councillor Fees, Allowances and Expenses only.

Background:

The Local Government Act 1995 and Local Government (Administration) Regulations 1996 provide for Councillors to receive certain payments, and sets minimum and maximum amounts which can be paid. Attendance Fees, Allowances and Expenses available include:

§ Meeting attendance fees (or alternatively annual attendance Fees);

§ Local Government allowance for the President and Deputy President;

§ Information Technology and Communication allowance;

§ Travel and Accommodation expense allowance;

§ Travel reimbursement;

§ Telecommunications reimbursement;

§ Child Care reimbursement; and

§ Other prescribed reimbursements approved by Council.

In 2013, the Salary and Allowances Tribunal (“SAT”) were empowered to annually determine payments for Attendance Fees, Allowances and Expenses for Councillors plus ranges for Chief Executive Officer Total Reward Packages by prescribing four distinct Band classifications for every Local Government operating in Western Australia. SAT recently undertook the annual review with the latest SAT determination being made on 7 April 2022, effective from 1 July 2022. A copy of the SAT determination is attached.

ATTACHMENT: 9.1.1 (1)

To further guide Council, adopted Council Policy 1.1.2 Councillor Meeting Fees applies and a copy of the existing policy is appended.

APPENDIX: 9.1.1(A)

The purpose of this report is to determine the Councillor Fees, Allowances and Expenses to be paid in the 2022/23 financial year.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Effective 1 July 2019 the Shire of Manjimup was assigned to a Band 2 Local Government from a Band 3 Local Government under the four Band SAT Local Government classification system. It is considered that a Band 2 Local Government classification is fair and reasonable given the regional nature, diversification and complexity of the Local Government district. Comparatively the following table indicates where the Shire of Manjimup sits relative to the group of Local Governments in the south west of Western Australia.

Local Government	SAT Band Allocation
Augusta-Margaret River	2
Boyup Brook	4
Bridgetown-Greenbushes	3
Busselton	1
Bunbury	1
Capel	3
Collie	3
Dardanup	3
Donnybrook-Balingup	3
Harvey	2
Manjimup	2
Nannup	4

The difficulty with the SAT determination for Attendance Fees, Allowances and Expenses is that it is based on possible payments within a prescribed range and as such Councillors are required to make their own payment decisions on an annual basis. To provide guiding principles on this matter, and perhaps reduce perception of individual Councillor conflict, Council Policy 1.1.2 Councillor Meeting Fees and Reimbursement of Expenses was first introduced in 2002 and advocates for annual Council Fees and Allowances decisions based on the midpoint of the SAT Band determination. However, it also needs to be clearly identified that whilst Councillor Fees and Allowances must be decided by Council within the Band range provided by the SAT determination each year, there is no compulsion for Council to make any change from year to year as long as the annual decision is within the prescribed Band range for that year.

The recent SAT determination for 2022/23 has made a 2.5% change to all four Band ranges. It should be noted that in 2019/20 Council increased Councillor Fees, Allowances and Expenses from the midpoint of Band range 3 to the midpoint of Band range 2 in accordance with Council Policy. Following Council Policy in budget determinations for 2020/21 and 2021/22, and based on no increase to the Band range in the 2020/21 and 2021/22 SAT determinations, Council did not allocate any additional increases in 2020/21 or 2021/22.

FEES

(a) Attendance Fees

Attendance fees are an automatic right with Councillors entitled to be paid an attendance fee under Section 5.98 for each meeting as follows:

	Council Meetings		Committee & Other Prescribed Meetings
	Minimum	Maximum	Minimum	Maximum
Councillor	$382	$597	$191	$298
President	$382	$800	$191	$298

[Note: Prescribed meetings include WALGA Zone meetings, RRG meetings, a meeting attending at the request of a Minister or a meeting where the Council member is a delegate appointed by the Local Government].

An alternative, however, is available under section 5.99 of the Local Government Act 1995 (‘LG Act’), allowing Council to determine to pay an annual attendance fee in lieu of a fee for each individual meeting attended. The permissible range of annual fees is:

	Minimum	Maximum
Councillor	$15,237	$23,811
President	$15,237	$31,928

Recommendation:

Since the introduction of the statutory determination, Council has elected to pay an annual attendance fee at the midpoint of the permitted SAT Band range, rather than individual meeting fees, as reflected in Council Policy.

In accordance with Council Policy it is recommended payment of an annual attendance fee in lieu of individual meeting fees continue. It is recommended the annual attendance fee for the Shire President is $23,583 and Councillors is $19,524. (2021/22 Shire President $23,007 and Councillors $19,048)

ALLOWANCES

(b) President’s and Deputy President’s Local Government Allowance

Section 5.98, of the LG Act, entitles the President to receive an additional annual “Local Government Allowance” to compensate for the additional workload for leadership, statutory function, ceremonial and civic duties.

Section 5.98A, of the LG Act provides Council with discretion to pay an additional annual “Local Government Allowance” to the Deputy President of 25% of that payable to the President.

An alternative to the prescribed limits however is available under the LG Act allowing Council to determine to pay local government Allowances based on the prior year’s operating revenue. The maximum amount payable, for the President, shall not exceed the lesser of the maximum annual prescribed allowance, or 0.2% of the local government’s operating revenue. Council Policy recommends against the use of the operating method calculation due to significant fluctuation in grant revenue. The maximum percentage payable to the Deputy President, as determined by the Salaries and Allowances Tribunal, is 25%. The permitted local government Allowances are as follows:

	SAT Minimum	SAT Maximum	Operating Revenue maximum
Councillor	n/a	n/a	n/a
Deputy President	$3,844	$15,839	$15,839
President	$15,761	$64,938	$64,938

[Note 2021/22 budgeted operating revenue was $22,013,087 so 0.2% equates to $44,026].

Recommendation:

Consistent with Council Policy and practice the applicable Allowances are recommended as follows:

- President: 50% of allowable range - $40,350; and

- Deputy President: 25% of President allowance - $10,087.

(2021/22 Shire President $39,366 and Deputy President $9,842)

(c) Information Communication and Technology (ICT) Annual Allowance

An ICT annual allowance may be paid in lieu of reimbursement for telephone, facsimile and other communication expenses (such as call charges) as follows:

	Minimum	Maximum
Councillor	$500	$3,500
President	$500	$3,500

Recommendation:

The maximum ICT allowance range has not been increased by the Salaries and Allowances Tribunal. Council Policy indicates payment to 50% of the range and this is the recommendation to Council being $2,000 for both the Shire President and Councillors.

(2021/22 Shire President, Deputy Shire President and Councillors $2,000)

(d) Travel and Accommodation Annual Allowance

Regulation 34AB allows Council to determine to pay an annual travel and accommodation allowance rather than actual reimbursement as follows:

	Minimum	Maximum
Councillor	$0	$50
President	$0	$50

Recommendation:

The travel and accommodation allowance is not realistic for large land area Local Government Authorities, with Councillors based up to 120km away from the Council Chamber and Administration Centre. Accordingly, the adoption of an allowance, in lieu of reimbursements, is not supported and it is recommended reimbursement in accordance with actual costs in the case of approved accommodation and travel costs in line with the applicable rate in the relevant Local Government Award.

REIMBURSABLE EXPENSES

(e) Rental charges for one telephone and one facsimile machine (Regulation 31(1)(a)

Reimbursement of actual cost incurred for rental of one phone and one fax.

Recommendation:

It is recommended that an annual ICT Allowance be paid in lieu of reimbursements for telephone and facsimile (as above).

(f) Child Care Reimbursement (Regulation 31(1)(b))

Reimbursement of child care fees incurred is an automatic right for the actual amount paid to a maximum of $35 per hour.

Recommendation:

It is recommended that allowable Child Care expenses be reimbursed to the amount allowable of $35 per hour as incurred.

(g) Travel costs for attendance at Council or committee meetings (Regulation 31(1)(b))

Actual cost for travel from the members place of residence or work to the meeting and back is eligible for reimbursement in accordance with the relevant Local Government Award.

Recommendation:

Council Policy 1.1.2 provides guidance for reimbursement of allowable travel. Although entitled, many Councillors do not lodge claims for reimbursement of allowable travel. It is recommended that approved travel expenses continue to be reimbursed to the amount allowable as incurred.

(h) Other prescribed costs approved by Council (Regulation 32(1))

In addition to the above expenses for which reimbursement can apply, the Council can approve reimbursement for other specific expenses within the provisions of Regulation 32.

The following table provides a historical comparison of Fees and Allowances previously paid and those now proposed for 2022/23 in accordance with Council Policy.

2018/19 Actual

2019/20 Actual

2020/21

Actual

2021/22

Actual

2022/23

Proposed Budget

Shire President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$17,170

$19,743

$2,100

Actual km’s

$39,013

$23,007

$39,366

$2,000

Actual km’s

$64,373

$23,007

$39,366

$2,000

Actual km’s

$64,373

$23,007

$39,366

$2,000

Actual km’s

$64,373

$23,583

$40,350

$2,000

Actual km’s

$65,933

Deputy President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$12,504

$4,936

$2,100

Actual km’s

$19,540

$19,048

$9,842

$2,000

Actual km’s

$30,890

$19,048

$9,842

$2,000

Actual km’s

$30,890

$19,048

$9,842

$2,000

Actual km’s

$30,890

$19,524

$10,087

$2,000

Actual km’s

$31,611

Councillor

Annual Attendance Fee

Telecommunications Allow

ICT Allow

Travelling

Total

$12,504

$2,100

Actual km’s

$14,604

$19,048

$2,000

Actual km’s

$21,048

$19,048

$2,000

Actual km’s

$21,048

$19,048

$2,000

Actual km’s

$21,048

$19,524

$2,000

Actual km’s

$21,524

STATUTORY ENVIRONMENT:

Part 5 Division 8 of the Local Government Act 1995.

Local Government (Administration) Regulations 1996.

Salaries and Allowances Act 1975.

Policy / Strategic Implications:

The setting of Councillor Fees and Allowances is a sensitive matter for the Council to consider and a policy position is considered beneficial in such circumstances. However it is up to Council to make their own decision as to where they should sit within the prescribed Band and this does not necessarily mean that the policy position can not be amended at any stage.

Organisational risk management:

Attendance Fees, Allowances and Expenses are always going to be contentious in the community and that is why a consistent Council Policy has provided strong guidance for Councillors over many years. It is considered that any significant deviation from Council Policy could generate external reputational risk however this should be balanced against the type, nature and complexity of the role of a Councillor elected to represent the community within the Shire district.

Financial Implications:

The proposed recommendation in accordance with Council Policy result in a $6,565 increase over the fees determined for 2021/22 as follows:

	2021/22	2022/23	Increase (decrease)
Annual Attendance Fee (Councillors)	$190,480	$195,240	$4,760
Annual Attendance Fee (President)	$23,007	$23,583	$576
Local Government Allowance (Deputy President)	$9,842	$10,087	$245
Local Government Allowance (President)	$39,366	$40,350	$984
ICT Allowance (All)	$22,000	$22,000	$0
Travel Allowance (All)	$0	$0	$0
Total funding required	$284,695	$291,260	$6,565

It is considered that the Shire has sufficient financial resources to pay Attendance Fees, Allowances and Expenses to Councillors as recommended for the 2022/23 financial year.

Sustainability:

Environmental: Nil.

Economic: The recommendation for Attendance Fees, Allowances and Expenses to Councillors have no additional cost to the organisation over the 2022/23 financial year.

Social: The SAT determination recognises the Shire of Manjimup is quite complex and therefore it is important that Councillors receive reasonable reward in order to attract and retain suitable candidates.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in respect of the 2022/23 financial year:

1. Pay all Councillors an Annual Attendance Fee, in lieu of meeting Fees, $19,524 for Councillors and $23,583 for the Shire President;

2. Pay the Shire President a Local Government Allowance of $40,350;

3. Pay the Deputy Shire President a Local Government Allowance of $10,087;

4. Pay all Councillors an Information Communication and Technology Allowance of $2,000;

5. Not pay Councillors an annual Travel and Accommodation Allowance;

6. Require all approved claims for Child Care be paid, to the extent permissible, on a reimbursement basis as incurred;

7. Require all approved claims for travel and accommodation be paid, to the extent permissible, on a reimbursement basis as incurred; and

8. Require all Attendance Fees, Allowances and Expenses be paid in equal monthly instalments in arrears in accordance with Council Policy.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

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