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2016-10-17 GC Agenda - Att 1 to Item 7 - Electric Bus Trial Lease Agreement
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AGENDA
Services & Organisation
Committee Meeting
Tuesday, 11 October 2016
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie
“Engagement with our community to protect and enhance our lifestyle”
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Section 2
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 ASSET PLANNING TEAM RESOURCING ARRANGEMENTS 3
2 LBNA04 STREET SWEEPING SERVICES 5
3 ANNUAL DISASTER MANAGEMENT REPORT 2016 9
4 PROPOSED TRANSFER OF SHOP 8 LEASE SUNRISE BEACH
NEIGHBOURHOOD SHOPPING CENTRE, 2 GRASSTREE CRT, SUNRISE
BEACH 15
5 SCOPE OF THE NOOSA ARTS, CULTURE AND HERITAGE PLAN 17
6 NOOSA AQUATIC CENTRE AND NOOSA LEISURE CENTRE FEES AND
CHARGES REVISIONS 29
7 COUNCIL MEETING SCHEDULE 2017 35
8 ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY 38
CLOSED SESSION -
Page 2 of 52
Section 3
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 ASSET PLANNING TEAM RESOURCING ARRANGEMENTS
DOCUMENT INFORM AT ION
Author Asset Planning Coordinator, Bryan O’Connor
Planning & Infrastructure Department
Index ECM/Subject/Staff Management/Organisational Structures
ECM/Branch Management/Planning & Infrastructure
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Asset Planning Coordinator to the Services & Organisation
Committee Meeting dated 11 October 2016 and endorse changes to Council’s organisation
structure that includes an increase of two fulltime equivalent (2 FTE) two year fixed term positions
in the Asset Planning Team.
REPORT
The recent adoption of the asset management roadmap by Council has prompted the need to
consider increasing the level of resources to assist in the development of asset management
practices and initiatives. The increase in resources to assist with the implementation of the
roadmap will ensure that the backlog of activities and the proposed initiatives can be addressed
within a suitable timeframe, and ensure that the development of detailed asset management plans
can commence for major asset classes.
Since the adoption of the asset management roadmap at the Ordinary Meeting on 15 September
2016, the Asset Planning Coordinator has workshopped with the Leadership Team (LT) how
resources can be employed to assist with the implementation. As a result of this, it was agreed that
two additional technical positions be allocated to the asset planning team to assist with the key
functions of condition assessments of Councils infrastructure and capital planning improvement to
ensure the development of a robust 5 to 10 year future capital works programme. It was agreed
that the two positions be appointed for a 2 year fixed term, which will allow flexibility to determine
how asset management resources need to be applied at a future date once there are established
effective processes and systems.
The two proposed positions (Technical Officer Asset Planning and Technical Officer Capital
Planning) are technical by design and will provide increased support to the Asset Planning
Coordinator in the development of the detailed asset management plans. It is anticipated that these
will also align with Council’s long term financial management plan (via a robust capital renewal
program and inform asset maintenance expenditure forecasts).
The role of the Technical Officer Asset Planning will be to facilitate the asset condition data across
Council’s asset classes, supervise condition assessment contracts with suppliers and develop the
long term capital renewal and maintenance programs for individual asset classes utilising the
outputs from condition assessment programs.
Page 3 of 52
Section 4
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The role of the Technical Officer – Capital Planning will be to facilitate the prioritisation and
development of the total Council 10 year capital program. The key function of the role is to assist
in the improvement of prioritisation and validation systems for initiated projects and develop design
briefs for projects aligned to the program.
The provision of these additional resources will allow the Asset Planning Coordinator to address
the strategic development of asset management as outlined in the asset management roadmap
initiatives, ensure Council develops good asset condition knowledge resulting in the ability to
understand our assets, .and will ensure that capital renewal programs will reflect identified risk
based priorities.
Previous Council Consideration
Ordinary Meeting, 15 September 2016, Item 2, Page 10
That Council note the report by the Asset Planning Coordinator to the Services & Organisation
Committee Meeting dated 6 September 2016 providing an update on the asset management
capability assessment and:
A. Adopt the asset management roadmap (as provided at Attachment 1 to the report) as the
asset management improvement plan for staff to commence implementation, and
B. Support the implementation of the asset management initiatives and activities across the
organisation, including those defined in the Noosa Council asset management roadmap.
Finance & Risk
The funding of these two positions was discussed with LT and will be funded from a combination
of operating funds provided as a new initiative in the 2016/17 budget and capitalised staff budgets
provided in the 2016/17 capital works programme.
Council’s strategic risk register identifies poor asset planning as a high risk that can impact on poor
decision making, community services and ultimately Council’s financial sustainability and
reputation
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Leadership Team
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
X Governance X Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 4 of 52
Section 5
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2 LBNA04 STREET SWEEPING SERVICES
DOCUMENT INFORM AT ION
Author Civil Operations Manager, Allan Hull
Planning & Infrastructure Department
Index ECM\Subject\Tenders\Contracting
ECM\Subject\Asset Management\Roads
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 11 October 2016 and:
A. Endorse the appointment of Environmental Wastewater Catchment Services Pty Ltd trading
as Enviro Sweep as sole provider of street sweeping services by Localbuy under
arrangement LBNA04, and
B. Adopt the recommended Level of Service for Street Sweeping as detailed in Table 2:
Proposed Sweeping Frequencies provided in the report.
REPORT
In early 2014 a street sweeper vehicle and drivers were transferred across to Noosa Council as
part of the de-amalgamation project. At the time, Council agreed to trial a double shift arrangement
with the sweeper to achieve a higher level of service than was provided during the period of
operation under the Sunshine Coast Regional Council (SCRC). The table below was presented to
Councillors outlining the service levels:
Table 1: Trial Period Sweeping Frequencies
Noosa Pre Proposed
SCRC
2008 Trial
Commercial Areas/High Profile Weekly Weekly Weekly
Noosa Junction/Tewantin Town Area
Sunshine Beach/ Peregian Beach
Gympie Tce and Noosa Heads
Cooroy, Pomona, Cooran, Kin Kin
Arterial Roads/Bikeways 2-3 weeks Council 6-8 weeks Fortnightly
Beckman’s Rd Contractor 16-18
School Rd, Tewantin wks
Eumundi-Noosa Road (Beckman’s Rd. to Gympie
Tce.)
Eeenie Creek Road
Edward St & Heathland Dr
Mary St., Gibson Rd., Thomas St. Noosaville
Noosa Civic
Reef Street
Leslie Dr, Cooyar St down to Sunshine Beach
Weyba Rd (Mary to Junction)
Hilton Tce, Hilton Esp, Goodchap and Venture Drive
Page 5 of 52
Section 6
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Noosa Pre Proposed
SCRC
2008 Trial
Cooroy Noosa Rd (Gyndier Dr-Moorindil)
Eenie Crk Road to David Low Way
David Low Way (Heathland Dr-Peregian)
Eumarella and Motorway Round-a-bout
Industrial Estates 6 weeks 6 weeks 4 weeks
Renee St, Commerce Ct, Lionel Donovan Dr
Residential Roads 8-12 weeks Council 12 weeks 8-12
Contractor 16-18 weeks
wks
Some of the risks identified at the time were the potential for reduced life and higher maintenance
on the street sweeper vehicle. These issues did eventuate, and despite the best efforts of Council’s
Fleet team, the sweeper was decommissioned at the end of February 2016. Since this time,
Council has carried out its street sweeping programme using the contract arrangement established
by SCRC prior to de-amalgamation. This contract, No. 1213094 for Street Sweeping Services Zone
1 is due to expire on 13 October 2016.
Council has therefore partnered with Local Buy to establish a Local Government Association
Arrangement for ongoing provision of this service following expiry of the existing contract. The term
of this contract is two (2) years, plus two optional terms of twelve months each will be offered
depending on the satisfactory performance of the contractor.
The Request for Tender (RFT) for LBNA04 Street Sweeping Services closed on Tuesday 23
August 2016 with three (3) tender responses:
1. Specialised Pavement Services Pty Ltd
2. Cooloola Excavations Pty Ltd
3. Environmental Wastewater Catchment Services Pty Ltd trading as Enviro Sweep
The tender from Cooloola Excavations Pty Ltd was deemed non-conforming as the company does
not presently have a street sweeper (they have indicated they will purchase one if successful).
Additionally, no evidence was provided demonstrating that they have any licenced operators, and
a complete Certificate of Currency for their motor vehicle policy was not provided.
One of the remaining tenderers submitted a more economical price based on the possibility of
disposing of the collected waste material at Council’s stock pile sites. This was to be at no cost to
the contractor, and with Council responsible for the subsequent disposal or processing of this
collected waste material. Due to the potential savings involved with this option, a revised pricing
schedule was requested from the remaining contractor for a similar option.
Ultimately both tenderers offered a significant price reduction for this alternative option and it was
considered that Council could manage the waste material at a lower cost. The cost associated
with the disposal of collected waste by Council rather than the contractor will need to be determined
to understand the total financial cost of the new arrangement and for budget purposes on an
ongoing basis. Options are currently being investigated including exploring the possibility of
working with a company who will take the sweepings at no cost to Council. It is expected that the
potential total cost would be in the range between $0 and $20,000.
Following evaluation of the tender submissions & referee check, the evaluation panel
recommended that Local Buy award LBNA04 to Environmental Wastewater Catchment Services
Pty Ltd trading as Enviro Sweep based on their revised pricing schedule.
Page 6 of 52
Section 7
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Previous Council Consideration
Nil.
Finance & Risk
The original 2016/17 budget was based on sweeping a total of 6,000km in the financial year. This
estimate is considered inadequate to maintain the level of service based on the initial trial period,
as data from the existing contractor’s GPS system has revealed that most of this allowance
(5,642km) would be used sweeping the higher category streets.
This means that using the minimum service level of 12 weeks for sweeping residential streets,
would result in these streets being swept about 4 times a year and a total number of 7,634
sweeping kilometres. Based on feedback from staff operators, Council was able to deliver an 8
week cycle (i.e. approx. 6 times/year) on residential streets when Council’s sweeper was operating
during the initial trial which is at the higher end of range identified for these streets. It is estimated
that a total of 8,630km of sweeping would be required to achieve this level of service.
The number of customer requests for sweeping has also increased recently. Council has received
29 street sweeping requests over the first quarter of this financial year compared to only 8 for the
same time last year. Based on the submitted prices for Contract LBNA04, it is anticipated that the
following sweeping frequencies as detailed in table 2 below i.e. in accordance with the trial based
service level (i.e. 8,630 kms), can be achieved within the approved budget.
Table 2: Proposed Sweeping Frequencies
Proposed Level of
Service
Commercial Areas/High Profile Weekly
Arterial Roads/ Bikeways /Industrial Estates Fortnightly
Residential Roads 6/annum
The total cost of the contract over the four (4) years available under the contract is likely to be over
$1.1m if Council adopts the recommended level of service.
Consultation
External Consultation - Community & Stakeholder
Nil
Page 7 of 52
Section 8
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services x Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries X Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office X Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service X Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 8 of 52
Section 9
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
3 ANNUAL DISASTER MANAGEMENT REPORT 2016
DOCUMENT INFORM AT ION
Authors Director Planning & Infrastructure and Local Disaster Coordinator,
Martin Drydale
Disaster Management & Special Projects Officer, Beth Potter
Index ECM / Subject / Disaster Management / Disaster Management & Planning
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Planning & Infrastructure and Local Disaster
Coordinator, and Disaster Management & Special Projects Officer to the Services & Organisation
Committee Meeting dated 11 October 2016 and:
A. Thank the members of, and advisors to, the Noosa Local Disaster Management Group for
their participation; and
B. Note the improvement in the Local Disaster Management Plan assessment against the
Inspector-General Emergency Management’s Emergency Management Assurance
Framework.
REPORT
This report provides an update on Disaster Management in the Noosa Shire since the Annual
Disaster Management Report 2015 was considered by the Infrastructure & Services Committee on
8 December 2015.
1. Changes to the Noosa Local Disaster Management Group (LDMG)
Following the local government election in March, Cr Tony Wellington was appointed Chair of the
Local Disaster Management Group (LDMG). Cr Joe Jurisevic was appointed Deputy Chair of the
LDMG and Chair of the Local Recovery Group.
Martin Drydale remains Local Disaster Coordinator (LDC) and Alan (Fox) Rogers remains Deputy
LDC and Local Recovery Coordinator.
Council adopted a revised list of LDMG members and advisors at its Ordinary Meeting of 15
September 2016.
2. LDMG Meetings
The LDMG met for ordinary meetings on 25 February, 15 June and 15 September 2016 and will
have its final meeting for this year on 24 November 2016.
Page 9 of 52
Section 10
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
3. LDMG Activations
The LDMG was activated once in the period December to October in response to a wet weather
event on 4 June. The Bureau of Meteorology forecast heavy rain with the possibility of high winds
and flash flooding. The Local Disaster Coordination Centre (LDCC) was activated in the morning
but the decision was made to stand down at late-morning as the predicted rain and wind did not
eventuate. The LDMG did not meet for an extraordinary meeting during this event.
4. LDCC and Disaster Management Training
Selected key staff have undertaken additional training in the Guardian software utilised in the
LDCC and participated in a Guardian conference/forum in Gympie. Updates and enhancements
to Guardian continue to be rolled out by QIT Plus.
Queensland Fire & Emergency Services delivered training for key LDCC staff in Public Warnings
& Alerts. Hydrologist, Damian McGarry from Hydrologic, delivered training to 10 staff in the
hydrology and hydraulics of Noosa catchments and use of the Enviromon alert warning system.
Training for key LDCC staff in the use of Council’s backup analogue two-way radios is scheduled
for later in October.
The annual functional exercise for the LDMG, LDCC and Field Coordination Centre (FCC) is
scheduled for 29 November 2016. The objectives of the exercise are to:
1. Practice the coordination of disaster operations through activation of the LDMG, LDCC and
FCC by the LDC for a rapid onset event (severe storm);
2. Practice task logging and completion of tasks within the LDCC and FCC; and
3. Explore and observe the interoperability and communication between agency liaison officers,
LDCC staff and LDMG members.
5. Disaster Management Officer
The appointment of the Disaster Management & Special Projects Officer in July has provided
Council with the opportunity to develop in-house expertise in a number of key disaster
management areas. This officer has recently completed training in Disaster Exercise Development
& Management and will be undertaking the writing and control of the annual disaster exercise in
November.
The Disaster Management & Special Projects Officer also participates in regional and state-wide
disaster management forums and networks established by the Inspector-General Emergency
Management (IGEM). These networks encourage knowledge sharing on disaster related subjects
and are of immense assistance where resources are limited.
6. Noosa Local Disaster Management Plan
As required by IGEM, the Noosa Local Disaster Management Plan (the Plan) 2015/16 was
assessed against the Emergency Management Assurance Framework. The Plan scored well
improving the overall average score on 2015/16 to 7 out of 10. Areas that were identified for further
improvement have been addressed in the current year’s operational branch plan (item 12 below).
Additionally, the Plan was reviewed and updates and improvements were made to the risk
management assessment and statistical data. The 2016/17 Plan was adopted by Council at its
Ordinary Meeting of 15 September and endorsed by the LDMG on the same day.
Page 10 of 52
Section 11
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
7. Emergency Operations Team
As well as being responsible for coordinating disaster operations of all emergency services during
an event Council is required under the Disaster Management Act to maintain a response capability
in order to:
“provide equipment and a suitable number of trained persons, using the resources available to the
local government, to effectively deal with, or help another entity deal with, an emergency situation
or a disaster in the local government area”.
In order to meet this responsibility an Emergency Operations Team (EOT) operates to develop and
coordinate Council’s emergency response capability. The group is chaired by Allan Hull and meets
bi-monthly.
Since December, EOT have undertaken a number of reviews of aspects of Council’s disaster
response capability, with the following actions completed:
Work to the electrical boards at designated evacuation centres at The J and the Leisure Centre
to enable generators to be plugged in without Energex attending.
Agreement with Kennards Hire for guaranteed supply of generators to the evacuation centres
with four hours’ notice.
Finalisation of evacuation centre floor plans and procedures to establish the functioning of
evacuation centres
The EOT Charter has been reviewed and endorsed by the CEO at the Leadership Team meeting
of 28 September 2016. It should be noted that it is mandatory for members of EOT to attend the
meetings or send a deputy to attend. Advisors are invited to attend as required.
8. Community Welfare Sub-Committee
The Welfare Sub-Committee, which comprises representatives of key local not for profit and church
groups in the Shire, met four times in 2015-16. It is Chaired by the LDMG Community Liaison
Officer, Alison Hamblin.
The Sub-Committee’s meetings are held the week after the LDMG meeting, so that key messages
and updates from the LDMG can be communicated directly. Members also participated in the
November training exercise.
Key agenda items for the Sub-Committee during the year included finalising plans for evacuation
centres and developing a flood evacuation plan for John’s Landing.
A key focus for the group in the coming year will be to exercise the establishment of an evacuation
centre.
9. Recovery Sub-Committee
The Recovery Sub-Committee is chaired by the Deputy Chair of the LDMG. It comprises the Chairs
of each of the four Recovery Sub-Committees – Economic, Environment, Infrastructure and Human
–social, all of whom are Council officers and representatives of the State Government Departments
with lead agency responsibility for recovery
The Recovery Sub-Committee met twice in 2015/16, once at the beginning of the storm season
and once at the end of the season. It was not required to stand up in response to an event in
2015/16.
Page 11 of 52
Section 12
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
10. SES Support
The Noosa SES consists of four units comprising approximately 50 volunteers. The units are
located at Tewantin, Cooroy, Pomona and Boreen Point. Stan Ryan is the SES Local Controller
and Pauline Eglington has been appointed Deputy Controller.
The SES has attended approximately 135 activations up until mid-August with the main responses
being storm damage, traffic accidents and patient retrievals. They also assisted other agencies
with land searches and drug and alcohol traffic stops and undertook community education
programs.
Council provides financial support to meet the costs of operating and maintaining the SES
buildings, vehicles, trailers and operational equipment, as well as the purchase of goods and
materials used by the SES during activations (see Finance section for further details).
Purchases and maintenance of significance during the year includes:
Replacement and fit out of Troop Carrier vehicle, partly funded by a $15,000 grant from the
State Emergency Service Non-Recurring Grants
Transfer of former Noosa Community Care bus to SES for transportation of volunteers
Improvements to drainage and approach to driveway at Cooroy facility
Building inspection and all outstanding maintenance attended to at all four facilities
11. Flood Mitigation Work
Council has completed the Rifle Street, Pomona flood mitigation work to the value of approximately
$1.5m, jointly funded by Council and State and Federal governments. This work included the
construction of drainage culverts and bunds and mitigates the regular flooding experienced by
residents in this street.
12. Community Disaster Management Sub-Groups
Three community disaster management sub-groups are now operating in Noosa Shire at Kin Kin,
Cooran and Pomona. Meetings with all three groups are scheduled in October in preparation for
the storm season.
The Pomona sub-group was established during the year and a Pomona Community Disaster
Management Plan completed in February. There will be a short discussion exercise held with the
Pomona sub-group following its October meeting.
13. RACQ Get Ready Funding and Activities
Council received $22,491 in funding in 2015/16 and funds were expended on a range of initiatives
to increase the community’s disaster resilience. Projects included:
Pomona Disaster Management Plan – identifies specific hazards and extents of emergency
services operations for Pomona. Formalises communication arrangements during an event
and identifies the establishment procedures for a local incident control centre.
Review of Daintree Estate Disaster Management Plan – review of plan following completion of
flood mitigation work. Changes to the plan include amendment of arrangements with residents
and new flood modelling data.
Get Ready Movie Nights – further promotion of the Get Ready Noosa video clip produced in
the previous year. Included displays by partnering agencies.
Page 12 of 52
Section 13
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
14. Branch Risk Register and Operational Plan 2016/17
To enable a more strategic approach to planning disaster management operational activities a risk
register and operational plan have been developed. These plans have been developed in
alignment with the IGEM’s Emergency Management Assurance Framework (EMAF), adopted by
Council at its Ordinary Meeting of 21 July 2016.
These plans identify opportunities for improvement in Council’s disaster management, calculate
risk exposure and implement a cycle of continuous improvement. A total of 11 projects have been
identified as a priority for completion during the current financial year. Progress on 10 projects will
be reported in the quarterly Planning & Infrastructure Departmental update reports. One project
will be reported on in Council’s Operational Plan update reports.
Previous Council Consideration
Nil.
Finance & Risk
Council has provided the following funding for Disaster Management in its 2016/2017 budget.
Disaster Management Operations
Revenue $ 22,000 (est. Get Ready grant)
Expenditure $106,312
Training $ 10,000
Materials and services $ 27,500
Internal charges (plant and equipment) $78,802
SES Operations
Revenue $ 16,168 (est. QFES grant)
Expenditure $278,732
Materials and services $ 30,059
Depreciation and amortization $ 18,694
Other expenses $ 684
Internal charges (plant and corp. overhead) $229,295
Risk
The Noosa Local Disaster Management Plan contains a disaster risk assessment and threat
specific plans to manage the highest risks which have been identified as:
Severe wind and water inundation
Wildfire
Hazardous material spill on one of the major transport corridors.
Consultation
External Consultation - Community & Stakeholder
Members of the Noosa LDMG.
Page 13 of 52
Section 14
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Internal Consultation
Disaster management requires a whole-of-Council approach with every branch having some input
into or responsibility for operations and activities throughout the year.
Departments/Sections Consulted:
Chief Executive Officer X Community Services x Corporate Services
Executive Officer to the Mayor & CEO X Community Facilities Financial Services
Executive Support X Community Development X ICT
Libraries & Galleries X Procurement & Fleet
Local Laws Property & Facilities
X Waste & Environmental Health Revenue Services
X Executive Office x Planning & Infrastructure
X Community Engagement X Building & Plumbing Services
Customer Service X Civil Operations
Economic Development X Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability X Strategic Land Use Planning
Page 14 of 52
Section 15
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4 PROPOSED TRANSFER OF SHOP 8 LEASE SUNRISE BEACH NEIGHBOURHOOD
SHOPPING CENTRE, 2 GRASSTREE CRT, SUNRISE BEACH
DOCUMENT INFORM AT ION
Author Property Manager, Clint Irwin
Corporate Services Department
Index ECM/ Subject: 46.01 Lease / Application No: LEAS13/0019
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Property Manager to the Services & Organisation Committee
Meeting dated 11 October 2016 and approve the proposed transfer of the lease for Sunrise
Neighbourhood Shopping Centre, Shop 8 – Supermarket, located at 2 Grasstree Court, Sunrise
Beach from Yenbazaar Pty Ltd to Sunrise JEM Pty Ltd.
REPORT
Yenbazaar Pty Ltd (the Lessee) has held the lease for Shop 8, Sunrise Neighbourhood Shopping
Centre since 2008. The current 5 year lease expires April 2018, with no further options available
under the lease.
The Lessee has a contract of sale for the business. The sale is conditional on the lease transferring
to the proposed new business owner.
Accordingly, the purpose of this report is to seek Council approval to transfer the Shop 8 lease to
Sunrise JEM Pty Ltd. The proposed new business owner will continue to provide a convenience
store from the premises.
The proposed new business owner has provided Council with documentation to support the lease
transfer request including references and financial information to allow an evaluation of their
suitability to enter into the lease. The documentation has been assessed and the proposed new
business owner is deemed suitable to acquire the lease.
Subsequent to formal Council resolution a deed of assignment is to be executed by the current
lessee, the proposed new business owner and Council.
Previous Council Consideration
Nil.
Finance & Risk
Nil.
Page 15 of 52
Section 16
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Director Corporate Services
Property Officer
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Infrastructure Planning & Design
Governance Planning & Environment
Human Resources Strategic Land Use Planning
Sustainability
Page 16 of 52
Section 17
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
5 SCOPE OF THE NOOSA ARTS, CULTURE AND HERITAGE PLAN
DOCUMENT INFORM AT ION
Author Director Community Services, Alan Rogers
Community Services Department
Index ECM/ Subject/ Community Services
Attachments 1. Draft Arts, Culture and Heritage Plan Scope
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Community Services to the Services & Organisation
Committee Meeting dated 11 October 2016 and;
A. Approve the Arts, Culture and Heritage Plan Scope as provided at Attachment 1 to the report;
B. Appoint Cr <***> to the reference group; and
C. Delegate the appointment of the proposed community membership of the reference group to
the CEO in consultation with the Mayor.
REPORT
Background
The 2016 Noosa Social Strategy recommends Council develop an Arts, Culture and Heritage Plan
(the Plan) in 2016/2017.
The Plan will audit the current state of the arts, cultural and heritage sectors within the Shire and
provide a blue print to assist audience development, community arts, cultural entrepreneurship,
heritage preservation, and professional artistic development.
The Plan will also identify how key stakeholders (including Council) can support the mechanisms
that enable residents and visitors to fully participate in the sector as a creator, entrepreneur,
practitioner or audience member.
It will:
review population and demographic forecasts;
consider current and future trends and participation in the arts, culture and heritage sectors;
review government (state and federal) strategic directions and resourcing policies;
audit existing community arts, creative industries, cultural and heritage activities (including events
and tourism) and infrastructure in the Shire;
explore the synergies and opportunities for local cultural development and conflicting demands
for local resources;
identify gaps, duplications or opportunities for partnerships in delivery of arts, culture and heritage
services and facilities; and
provide a roadmap for the future development of the arts, culture and heritage in the Shire.
Page 17 of 52
Section 18
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The proposed Project Scope (Attachment 1) outlines further details of how the development of the
Plan will be coordinated and managed.
Project Aims
The aim of this project is to:
develop a shared vision for the continual improvement and appreciation of arts, culture and
heritage in the Noosa Shire;
develop a coordinated action plan with relevant stakeholders;
help inform the Noosa Planning Scheme;
identify links between relevant Council strategic documents such as the Local Economic Plan,
Social Strategy etc; and
define Council’s role in promoting and developing the arts, culture and heritage in the Shire.
Project timeline
Milestone Council’s preferred
completion date
1 Formation of project working group 15 November 2016
2 Audit of existing artists, arts, culture and heritage 15 December 2016
organisations and facilities
3 Review of Regional, State and National strategies and plans 30 January 2017
4 Initial consultation with Government Departments, adjoining 28 February 2017
Councils, National, State and Regional arts, culture and
heritage organisations as relevant.
5 Benchmark infrastructure and participation trends 31 March 2017
Population & demographic forecasts review
Realistic funding opportunities identified
6 Finalise consultation with local organisations, practitioners and 30 April 2017
general community
7 Draft Final Report 30June 2017
8 Public feedback on draft 30 August 2017
9 Final Report and adoption by Council 30 September 2017
Proposed Reference Group
The development of the Plan will be progressed through a community based Arts, Culture and
Heritage Reference Group. The purpose of the Reference Group will be to assist the Director
Community Services to:
Shape the format and content of the Plan;
Advocate for availability of the necessary resources;
Provide a leadership role for the development and prioritisation of the Plan’s objectives and
outcomes;
Provide the support mechanism around the Plan;
Monitor the scope of the Plan; and
Provide input into specific arts, culture and heritage issues.
The Project scope contains a proposed reference group membership.
Page 18 of 52
Section 19
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Previous Council Consideration
Ordinary Meeting, 21 July 2016, Item 1, Page 10
That Council note the report by the Community Development Coordinator to the Services &
Organisation Committee Meeting dated 12 July 2016 and:
A. Adopt the Noosa Social Strategy three (3) year Implementation Plan as set out in Attachment
1 to the report; and
B. Request the Chief Executive Officer to provide an update and review of the Implementation
Plan after twelve (12) months of operation.
Finance & Risk
The development of this Plan will be largely completed ‘in house’ by the Director of Community
Services and members of the Community Development team.
Funding has been allocated as part of the Social Strategy implementation and from RADF for
research, consultation, publishing, printing and other costs.
Consultation
External Consultation - Community & Stakeholder
A detailed community engagement plan will be developed to complement the Project scope to
ensure that the community is able to make comment on the issues and recommendations
contained within the Plan.
Internal Consultation
Manager Libraries and Galleries
Community Development Coordinator
Heritage Librarian
Noosa Gallery Director
CD Officer – Arts and Culture
CD Project Officer
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support X Community Development ICT
X Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 19 of 52
Section 20
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
ATTACHMENT 1
Page 20 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
ATTACHMENT 1
: XOOSNCUUNG
= NOOSA COUNCIL
Arts, Culture and Heritage Plan
Scope
CONTENTS
4.1 Audit of existing organisations and facilities providing opportunities for Arts,
Culture and Heritage... eee eee een eee cence eee eee eee cence eee eeeeeeeeeeeeeeeeteceeeeteeeee D
42 Review of relevant regional, state and national Arts, Culture and Heritage
43 Review of population and demographic forecasts —..................... eee eeeeeceeeeeeeeeeeeeeeeeeee BD
6 DELIVERABLES & MILESTONES 02222 e cence eee tee ee eceneeeeeeeeeeeeeeetteteeeeeneeeee B
7 PROJECT MANAGEMENT and ADMINISTRATION... eee eee eee D
Page 20 of 52Section 21
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 21 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
1 INTRODUCTION
1.1 Purpose
The 2016 Noosa Social Plan recommends Council develop an Arts, Culture and Heritage Plan
(The Plan). The Plan will audit the current state of the arts, cultural and heritage sectors within the
Shire and provide a blue print to assist audience development, community arts, cultural
entrepreneurship, heritage preservation, and professional artistic development.
The Plan will also identify how key stakeholders (including Council) can support the mechanisms
that enable residents and visitors to fully participate in the sector as a creator, cultural
entrepreneur, practitioner or audience member.
The Plan will:
® review population and demographic forecasts
* consider current and future trends and participation in the arts, culture and heritage sectors,
® review government (state and federal) strategic directions and resourcing policies,
e audit existing community arts, creative industries, cultural and hentage activities (including events
and tourism) and infrastructure in the Shire,
« explore the synergies and opportunities for local cultural development and conflicting demands for
local resources
e identify gaps, duplications or opportunities for partnerships in delivery of arts, culture and heritage
services and facilities
e provide a roadmap for the future development of the arts, culture and heritage in the Shire.
1.2 Scope
The plan will include arts, culture and hentage activities (as defined in Table 1), the individuals,
institutions and organisations (not for profit and commercial) that provide these activities, and the
locations at which these activities take place within the Noosa Shire.
Not included in the scope of this plan are:
e Activities addressed in other council plans such as the Noosa Local Economic Development Plan,
Libranes Plan and Service Reviews.
. Management solutions for activities occurring on land that isn't owned or controlled by Noosa
il
Table 1: Activities included in Noosa Arts, Culture and Heritage Plan
[ars eaueaton_——=————*CultralEvente Cur nertage [Music
i a
[communtyMuseuns ___——=«f Emerging andEwermental ats [CS
NB: This list will be refined in the final Plan to those operating in or with the potential to operate in the
Noosa Shire.
2
Page 21 of 52Section 22
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 22 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2 DEFINITIONS
For the purpose of the Noosa Arts, Culture and Heritage Plan the following terms and
abbreviations have the meanings assigned to them:
Table 2: Definitions
A process or product that deliberately arranges elements in a way that appeals to the
senses or emotions. It may encompass a diverse range of human activities, creations
and ways of expression.
Audience Paying and non-paying, participants in performances and workshops, individuals who
purchase items for private collections or personal enjoyment, businesses products and
services i.e. intellectual property, business purchases to complement existing product
or service/experience, core business or complimentary.
Built heritage Buildings or structures and their environments valued by a community because of their
historic, scientific, aesthetic, social or architectural significance to that community and
which, because of their heritage significance, may appear on the Register of the
National Estate, the register of the National Trust of Australia and/or state, territory or
local government heritage registers or studies.
Community arts Encompasses collaborations between professional artists and communities based on a
community's desire to achieve artistic and social outcomes.
Creative Industnes Those industries which have their ongin in the individual creativity, skill and talent and
which have the potential for wealth and job creation through the generation and
exploitation of Intellectual Property
Cultural heritage The legacy of physical (tangible) artefacts and intangible attributes of a group or
society that inherited from past generations, maintained in the present, and
bestowed for the benefit of future generations. It presents evidence of past human
activity and associations and includes places, objects, customs, traditions and artistic
expression.
Culture The identity and values that a community develops over time which defines them as a
distinctive group and which are to be remembered, celebrated and preserved for future
generations.
Emerging artist * An individual who has undertaken recognised study or has a history of practice.
* Motivation is to work towards creative excellence, financial viability and career
development.
e Adesire to sell work and achieve peer recognition exists, however a viable income
is not yet derived from practice.
Not For Profit Not for Profit. An organisation recognised through State or Federal legislation as an
organisation whose primary purpose is not profit generating.
Professional artist ¢ An individual with recognised study/training and/or a strong history of practice.
® Recognised by peers in artistic capacity.
* Has the ability and intention to generate a viable income from practice and
operates in a business-like manner (ABN, tax returns etc ).
*® Qualify for membership to recognised industry peak bodies.
Site specific artwork created in response to the place and community in which it
resides
Recreational arts e A practitioner whose main motivation for creative expression is personal enjoyment
practitioner and/or personal development.
® Financial gain/income generation is not the primary purpose of these individuals
artistic practice.
3
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 23 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
3 AIMS AND OUTCOMES
3.1 Aim
The aim of this project is to:
e develop a shared vision for the continual improvement and appreciation of arts, culture and
hentage in the Noosa Shire (in line with Council's overall vision),
e develop a coordinated action plan with relevant stakeholders
e help inform the Noosa Planning Scheme
e identify links between relevant Council strategic documents such as the Local Economic Plan,
Social Strategy etc
e define Council's role in promoting and developing the arts, culture and hentage in the Shire.
3.2 Outcomes
The following will be the outcomes of the project:-
a. An inventory of existing and proposed arts, culture and heritage activities, facilities and
organisations in Noosa Shire and adjacent local government areas
b. An understanding of the regional, state and national arts, culture and hentage sector and how it
relates to the Noosa Shire
c. Areview of arts, culture and heritage trends and the implications for the Noosa Shire
d. An agreed vision for arts, culture and heritage activities and facilities for Noosa Shire
e. Definition of Council's role and function in the provision of arts, culture and hentage
f. Identification of support mechanisms required for the ongoing development of the arts, culture
and heritage sectors including consideration of the constraints and limitations of volunteer based
es
g. Identification of land and other requirements for future arts, culture and heritage opportunities
h. Identification of future prioritised facility development and potential funding opportunities (both new
facilities and upgrades of existing facilities) based on trends, demand and need in the Shire
i. Identification of key stakeholders and their current and potential future role in the provision and
delivery of arts, culture and heritage activities
j. Support for the evolution of cultural and creative industnes within the Shire.
k. Identification of arts, cultural and heritage tounsm opportunities (events, services and
infrastructure)
|. Identification of partnership opportunities with other government agencies and funding bodies
m. Policy recommendations presented in an action plan format
n. Evaluation framework including measurement, reporting and review
4
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 24 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4 COMPONENTS OF THE PLAN
4.1 Audit of existing organisations and facilities providing opportunities for
Arts, Culture and Heritage
Conduct an audit of all existing arts, culture and heritage activities, organisations, groups, events
and facilities in the Noosa Shire.
Include details of:
e Number of artists practising in the Noosa Shire
e Number and type of arts, culture and heritage organisations and groups servicing Noosa
e Membership data and trends
e A profile of existing Creative Industries in Noosa
e Number and standard of facilities, venues and formal infrastructure in Noosa Shire used
predominately for the purpose of arts, culture and heritage.
e Identify regular arts, cultural and hentage events based in Noosa and the parties involved in
their development and delivery
4.2 Review of relevant regional, state and national Arts, Culture and Heritage
strategic direction
Review and consider the broader strategic directions of peak arts, culture and heritage bodies,
tourism bodies and government agencies responsible for the delivery and resourcing of the sector
to:
e Identify trends in arts cultural and heritage practice
e Identify potential future resource allocation and priority areas of peak arts, culture and heritage
bodies, other goverment agencies and philanthropic funds in relation to the sector.
e Benchmark participation trends in Noosa against State and National rates
e Benchmark arts, culture and heritage infrastructure provision for Noosa
e Identify opportunities and risks to the arts, culture and heritage sector
e Identify areas of potential competitive advantage for the development of the Shire’s creative
industnes
4.3 Review of population and demographic forecasts
Drawing from the Noosa Shire Community Profile and Queensland Govemment Statistician's
Office data outline Noosa’s demographic trends and the potential impact on arts, culture and
4.4 Consultation
Encourage a broad range of stakeholders to provide input and feedback into the plan, including:
e Artists, cultural entrepreneurs, not for profit and commercial providers of arts, culture and
heritage activities to the Noosa Shire
e Regional, State and National Arts, Culture, Heritage and tourism organisations (as appropriate)
e Government Departments responsible for the delivery or financial support of arts, culture and
hentage activities and facilities.
e Intemal Council teams responsible for the delivery and maintenance of services or venues that
provide for arts, culture and hentage activities.
e General community via Your Say Noosa, pop-ups and targeted consultation as appropriate
e The education sector including primary, secondary and tertiary education training providers
5
Page 24 of 52Section 25
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 25 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
4.5 Recommendations
Recommendations will be developed in an action plan format from the above information to inform
future resource allocation, service delivery, realistic funding opportunities and infrastructure
improvements for arts, culture and heritage in the Noosa Shire. It will identify the role of Council
and other key stakeholders in:
e Support for artists and cultural entrepreneurs
e Provision of venues and other spaces that provide opportunity for individual and collective
participation in arts, culture and heritage
e Support for community and voluntary organisations involved in in the arts, culture and heritage
sector
e Provision of opportunities for participation in the arts, culture and hentage as a creator or
audience member.
e Tourism and creative industry sector development to encourage arts, culture and heritage
activities and organisations that contribute to the local economy.
6
Page 25 of 52Section 26
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 26 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
5 INFORMATION SOURCES
Information sources that need to be considered as part of the development of the project will
include:
e Noosa Corporate and Operational Plan
e Noosa Social Strategy
e Noosa Shire Community Profile prepared by AEC group in 2015.
e LGA profiles by Queensland Treasury
e Sunshine Coast Cultural Development Policy
e South East Queensland Regional Plan
e 2011 and 2016 Census data
e Strategic plans from State and National arts, culture and hentage bodies (including but not
limited to Arts Queensland, Australia Council, Department of the Environment and Energy)
e Noosa Local Economic Plan
e Internal Noosa Council service reviews
e More Than Bums on Seats (Australia Council)
e Arts for all Queenslanders (Arts Queensland)
e Creative Noosa Strategy (2005)
7
Page 26 of 52Section 27
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 27 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
6 DELIVERABLES & MILESTONES
The required deliverables and milestones are shown in Table 3
Table 3: Indicative Project Milestones and Key Dates
Milectc “OL c's Cc STerrec
a ee
To Formation of project working group 15 November 2016
2 Audit of existing artists, arts, culture and heritage 15 December 2016
organisations and facilities
Review of Regional, State and National strategies and plans | 30 January 2017
Initial consultation with Government Departments, adjoining | 28 February 2017
Councils, National, State and Regional arts, culture and
heritage organisations as relevant.
Benchmark infrastructure and participation trends 31 March 2017
Population & demographic forecasts review
Realistic funding opportunities identified
Finalise consultation with local organisations, practitioners 30 Apnil 2017
and general community
Draft Final Report 30June 2017
se | Public feedback on draft 30 August 2017
S| Final Report and adoption by Council 30 September 2017
8
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Page 28 of 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
7 PROJECT MANAGEMENT AND ADMINISTRATION
The development of the Noosa Arts, Culture and Heritage Plan will be progressed through an Arts,
Culture and Heritage Reference Group. The purpose of the Reference Group will be to assist the
Director of Community Services to:
e Shape the format and content of the Plan
e Advocate for availability of the necessary resources
e Provide a leadership role for the development and priontisation of the Plan's objectives and
outcomes
e Provide the support mechanism around the Plan
e Monitor the scope of the Plan
e Provide input into specific arts, culture and heritage issues
The recommended membership of the Reference Group is as follows:
Councillor Representative TBD (Chair)
Arts Queensland Representative TBC
Community Representatives
e University/TAFE Representative TBC
e Creative Alliance Representative TBC
e RADF Committee Representative TBC
e 3 Artists from different disciplines TBC
e Heritage Levy Committee Representative TBC
Ex Officio
e Director Community Services
e Manager Libraries and Galleries
e Heritage Librarian
e Noosa Gallery Director
Project Support and Administration to be undertaken by Megan Marks (Community Development
Project Officer) and Belinda Simonsen (Community Development Officer- Arts and Culture)
9
Page 28 of 52Section 29
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
6 NOOSA AQUATIC CENTRE AND NOOSA LEISURE CENTRE FEES AND CHARGES
REVISIONS
DOCUMENT INFORM AT ION
Author Community Facilities Manager, Ash Saward
Community Services Department
Index ECM/ Subject/ 72.02 Noosa Aquatic Centre
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Community Facilities Manager, to the Services & Organisation
Committee meeting dated 11 October 2016 and endorse the revised fees and charges schedule
and membership structure for the Noosa Aquatic Centre and the Noosa Leisure Centre as provided
in the report.
REPORT
1. Background
The fees and charges pricing structure at the Noosa Aquatic Centre (NAC) is currently complex
and often confusing, particularly with regard to membership offerings. There are over 30 different
membership categories available for purchase and benchmarking has shown that in many cases
they are too expensive to be competitive in the local market.
There is also significant inequity in the level of discount applied for concession entry and
inconsistency is also prevalent in the application of discounts for patrons who buy multiple entries
in bulk via 10 and 20 session visit passes (VP). The NAC service review highlighted these issues
and recommended they be addressed.
Work is currently being performed on the Noosa Leisure Centre (NLC) service review and as such,
a majority of its fees and charges will remain as is until the completion of the review. That said,
there are some fees that should align with the NAC’s and therefore it is proposed that the fees for
group fitness (GF) visit passes and NLC memberships be revised in line with the NAC’s fees.
Patrons are sensitive to pricing changes and therefore any amendments to fees and charges need
to be well thought through before implementation. Previous experience also indicates that frontline
staff should be involved in the process so they can address any enquiries or complaints regarding
changes.
Taking the above points into consideration, management elected not to rush the development of
new fees and charges and attempt implementation at the beginning of the 2016/17 financial year
but instead earmarked an implementation date of 1 January 2017. This date will also align the
launch of a simplified and more competitive membership offering with the arrival of new gym
equipment at the NAC.
Page 29 of 52
Section 30
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
2. Pricing principles
When considering an amended fees and charges schedule, management sought the achievement
of four key pricing principles, being:
Clarity: fees should be easily understood by staff and patrons alike and offerings should be
simplified wherever possible.
Consistency: discounting for concession and multi-visit entry should be based on a
standardised methodology and should be applied consistently.
Competitiveness: fees should be at a level that allows Council’s facilities to remain competitive
in the local marketplace and should be reviewed on a regular basis to ensure this remains the
case.
Community-minded: fees should be affordable for a majority of the community and membership
offerings should offer fairness and flexibility.
To ensure consistency, transparency and fairness, it is proposed that the following levels of
discount be offered against the equivalent full price of relevant fees:
Concession discount: a 15% reduction for juniors under the age of 18 and holders of eligible
pension cards, health care cards, seniors’ cards and full-time tertiary education cards.
10 session VP discount: a 10% reduction and a validity period of 6 months.
20 session VP discount: a 15% reduction and a validity period of 12 months.
3. Proposed fees and charges and membership structure
The abovementioned pricing principles have manifested themselves in a revised fees and charges
schedule and membership structure, as shown below:
Noosa Aquatic Centre revised 2016/17 fees and charges – effective 1 January 2017
Product description Total price
inclusive of
GST
Adult swim $5.40
Adult swim 10 session visit pass $48.60
Adult swim 20 session visit pass $91.80
Concession swim $4.60
Concession swim 10 session visit pass $41.40
Concession swim 20 session visit pass $78.20
Family swim $17.00
Family swim 10 session visit pass $153.00
Family swim 20 session visit pass $289.00
Concession family swim $14.45
Concession family swim 10 session visit pass $130.00
Concession family swim 20 session visit pass $246.00
Spectator $2.00
Casual aqua aerobics, circuit class, squad session or gym visit $14.00
Aqua aerobics, circuit class, squad session or gym visit 10 session visit pass $126.00
Page 30 of 52
Section 31
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Product description Total price
inclusive of
GST
Aqua aerobics, circuit class, squad session or gym visit 20 session visit pass $238.00
Concession casual aqua aerobics, circuit class, squad session or gym visit $11.90
Concession aqua aerobics, circuit class, squad session or gym visit 10 session visit pass $107.10
Concession aqua aerobics, circuit class, squad session or gym visit 20 session visit pass $202.30
Crèche (per hour) $4.10
Crèche (per hour) 10 session pass $36.90
Casual upgrade fee for members $7.80
50m lane hire - per hour/lane $26.00
25m lane hire - per hour/lane $18.50
School groups - per child $3.15
Learn to swim lesson (per week, paid via direct debit) $17.50
Learn to swim lesson (per week, paid via direct debit) - second lesson or child $15.80
Memberships
Swim only membership (per week, paid via direct debit) $11.95
Swim only membership - 6 months paid in advance $310.00
Concession swim only membership (per week, paid via direct debit) $10.15
Concession swim only membership - 6 months paid in advance $263.00
Swim plus one other activity membership (per week, paid via direct debit) $17.95
Swim plus one other activity membership - 6 months paid in advance $466.00
Concession swim plus one other activity membership (per week, paid via direct debit) $15.25
Concession swim plus one other activity membership - 6 months paid in advance $396.00
NAC all-inclusive membership (per week, paid via direct debit) $18.95
NAC all-inclusive membership - 6 months paid in advance $492.00
Concession NAC all-inclusive membership (per week, paid via direct debit) $16.10
Concession NAC all-inclusive membership - 6 months paid in advance $418.00
NAC all-inclusive plus NLC GF (per week, paid via direct debit) $21.95
NAC all-inclusive plus NLC GF - 6 months paid in advance $570.00
Concession NAC all-inclusive plus NLC GF (per week, paid via direct debit) $18.65
Concession NAC all-inclusive plus NLC GF - 6 months paid in advance $484.00
Joining fee on direct debit memberships $19.95
Membership suspension fee (free for medical reasons) $7.00
Page 31 of 52
Section 32
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Noosa Leisure Centre revised 2016/17 fees and charges – effective 1 January 2017
Product description Total price
inclusive of
GST
Monday - Friday 8.00am - 6.00 p.m. - per court per hour $42.00
Saturday - 8.00am - 1.30pm - per court per hour.
Saturday - 1.30pm onwards - per court per hour Sunday - per court per hour POA
Monday - Friday - subsequent hours (after 6:00 p.m.) per court per hour $54.00
Individual - casual Entry $4.00
Monday - Friday schools per court per hour $23.00
Meeting room (lounge) per hour $44.00
Meeting room (lounge) per day $193.00
Group fitness room per hour $44.00
Any commercial / special event hire POA
Security/deposit bond POA
Meeting room NFP (lounge) per hour $35.00
Meeting room NFP (lounge) per day $154.50
Group fitness room NFP per hour $35.00
Group fitness room NFP per day $154.50
Casual crèche entry $4.10
Casual group fitness class $14.00
Casual group fitness concession class $11.90
10 visit group fitness pass $126.00
10 visit group fitness pass concession $107.10
20 visit group fitness pass $238.00
20 visit group fitness pass concession $202.30
Kids’ play room $5.00
Memberships
NLC GF membership (per week, paid via direct debit) $17.95
NLC GF membership - 6 months paid in advance $466.00
Concession NLC GF membership (per week, paid via direct debit) $15.25
Concession NLC GF membership - 6 months paid in advance $396.00
NLC GF plus NAC all-inclusive membership (per week, paid via direct debit) $21.95
NLC GF plus NAC all-inclusive membership - 6 months paid in advance $570.00
Concession NLC GF plus NAC all-inclusive membership (per week, paid via direct
debit) $18.65
Concession NLC GF plus NAC all-inclusive membership - 6 months paid in advance $484.00
Joining fee on direct debit memberships $19.95
Membership suspension fee (free for medical reasons) $7.00
Page 32 of 52
Section 33
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
The above structure provides for a joining fee of $19.95 for new members. This fee, which is
standard industry practice, will not be charged when existing members change membership
categories, nor will it be charged for VP holders who wish to shift to a membership at the
commencement of the new structure. The fee contributes to the administrative costs of signing up
and setting up a new membership and also acts as a small deterrent to people cancelling and
rejoining on a regular basis. Memberships are intended to provide financial reward to those who
use the facilities regularly and continuously throughout the year. As there is no minimum
commitment required on any direct debit membership category people could exploit this flexibility
without a joining fee in place. Finally, management has the ability to waive the fee should they feel
that individual circumstances warrant this action.
Within the current fees and charges schedule, management is delegated the flexibility to adjust
fees and charges to have the ability to negotiate with event organisers and promoters and
commercial and community hire requests. It is not the intention of the revised fees and charges
schedule to change this arrangement.
4. Possible pressure points
Generally speaking, the revised fees will continue to provide patrons with opportunities to
participate at the centres for a very similar cost to what they incur now, with some fees decreasing
marginally and others increasing marginally. For patrons who use regularly, the revised
membership structure will provide great value access, in some cases up to $7.50 per week less
than the current cost.
The one category of fee which will incur a more significant increase is the 10 session concession
GF/aqua aerobics/circuit/squad/gym VP. This will increase from a current price of $88.50 to
$107.10. The reason for this change is that the current pricing represents a 26.25% discount to the
equivalent full price whereas under the proposed model, all 10 session VPs will receive a 10%
discount.
Currently there are approximately 100 holders of this pass at the NAC and 130 at NLC. For pass
holders who visit regularly, the cheaper and more flexible membership offerings will become an
attractive alternative, with the cost of a concession membership providing the same access just
$15.25 per week. Unfortunately our data doesn’t allow us to determine how many current pass
holders visit regularly enough to justify a conversion to a membership but our anecdotal sense is
that it will be a reasonable portion.
The next best alternative for those who aren’t attracted to a membership would be the purchase of
a concession rate 20 session VP (a new VP category). This would allow access at an average cost
of $10.12 per class, $1.27 higher than their current average cost of $8.85. It should be noted that
the cheapest similar offering from nearby competitors equates to an average per class cost of
$9.50, with several other competitors’ offerings being significantly higher than this.
Finally, everyone’s passes expire at different times and therefore we do not anticipate a large influx
of disgruntled customers when prices come into effect on 1 January 2017. The new pricing remains
competitive and in many cases provides better value for existing users. The reality of implementing
a new pricing model based on consistent application of discounts is that there will be a small
number of reasonably significant changes to fees which have previously been subject to very large
levels of discounting.
Previous Council Consideration
Nil.
Page 33 of 52
Section 34
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Finance & Risk
There is no material impact on budget expected given that some fees have decreased and others
have increased. In the long-run however we expect that member numbers will grow as a result of
a more competitive pricing structure and that this will translate to increased total revenue.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer x Community Services x Corporate Services
Executive Officer to the Mayor & CEO x Community Facilities x Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 34 of 52
Section 35
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
7 COUNCIL MEETING SCHEDULE 2017
DOCUMENT INFORM AT ION
Author Personal Assistant to the CEO, Kylie Harris
CEO’s Office
Index ECM/ Subject/ Council Meetings General
Attachments 1. Council Meeting Schedule 2017
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Personal Assistant to the CEO to the Services & Organisation
Committee Meeting dated 11 October 2016 and approve the Council meeting dates for 2017 as
set out in Attachment 1 to the report.
REPORT
At the Post Election Meeting on 5 April 2016, Council adopted its Council meeting structure
incorporating three Standing Committees and an Ordinary meeting. At that time Council also
adopted and its meeting schedule for the remainder of the 2016 year with meetings being held on
a monthly cycle.
In consultation with the Mayor and CEO, a draft Council Meeting Schedule for 2017 has been
prepared for Council’s consideration (refer to Attachment 1). It is proposed to continue meeting
on a monthly cycle.
When reviewing the proposed meeting schedule there are two anomalies that should noted:
1. The first meeting round of the year (January) will only consist of a General Committee
Meeting on 16 January and an Ordinary Meeting on 19 January. There won’t be a Planning
& Environment Committee or Services & Organisation Committee meeting held in January.
This is mainly due to the timing of report deadlines conflicting with the Christmas/ New Year
period and the availability of staff over this time.
2. The General Committee meeting in April will be held on Tuesday, 18 April due to the
scheduling of a public holiday on the Monday (Easter Monday).
Previous Council Consideration
The Council meeting structure and 2016 schedule was adopted at the Post Election meeting on 5
April 2016.
Finance & Risk
Nil.
Page 35 of 52
Section 36
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Attachment 1 has been drafted in consultation with the Mayor and CEO.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
x Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
Waste & Environmental Health Revenue Services
Executive Office Planning & Infrastructure
Community Engagement Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
Governance Infrastructure Planning & Design
Human Resources Planning & Environment
Sustainability Strategic Land Use Planning
Page 36 of 52
Section 37
ATTACHMENT 1
Page 37 of 52
ATTACHMENT 1
eke) NOOSA COUNCIL
e. MEETING CALENDAR 2017
JANUARY FEBRUARY MARCH
M T Ww T F Ss Ss M T Ww T F Ss Ss M T Ww T F Ss Ss
1 2 3 4 5 1 2 3 4 5
3 4 5 6 7 8 6 8 9 10 11 12) | 6 8 9 10 11 12
9 10 11 12 13 14 15 14 15 16 17 18 19 14 15 16 17 18 19
17 18 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26
23 24 «25 27 28 29 27 (28 27 28 29 30 31
30 31
APRIL MAY JUNE
M T WwW T F Ss Ss M T WwW T F iS RS M T WwW T F Ss Ss
1 2 2 3 4 5 6 7 1 2 3 4
3 4 5 6 7 8 9 8 10 11 12 13 14) | 5 7 8 9 10 11
10 Ce 16 17 18 19 20 21 13 14 15 16 17 18
19 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
26 27 28 29 30 29 30 31 26 27 28 29 30
JULY AUGUST SEPTEMBER
M T Ww T F Ss Ss M T Ww T F Ss Ss M T Ww T F Ss Ss
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9} | 7 9 10 11 12 13 4 5 6 7 8 9 10
10 12 13 14 15 16 15 16 17 18 19 20 11 13 14 16 17
18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
OCTOBER NOVEMBER DECEMBER
M T Ww T F Ss Ss M T Ww T F Ss Ss M T Ww T F Ss Ss
1 12 3 4 5 1 2 3
3 4 5 6 7 8) | 6 8 9 10 11 12} |4 5 6 7 8 9 10
9 11 12 13 14 15 14 15 16 17 18 19 11 13 14 15 16 17
17 18°19 20 21 22 20 21 22 23 24 25 26 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 27 28 29 30 31
30 31
Membership:
Planning & Environment Committee: Cr Jurisevic (Chair), Cr Jackson, Cr Stockwell, Cr Wellington
Services & Organisation Committee: Cr Pardon (Chair), Cr Glasgow, Cr Wellington, Cr Wilkie
General Committee All Councillors (Chair — Cr Wilkie)
|] 1.30pm Services & Organisation Committee a Public Holidays
9.30am Planning & Environment Committee . .
I 10am General Committee
| 6pm Ordinary Meeting
Page 37 of 52Section 38
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
8 ANNUAL REVIEW OF DELEGATIONS OF AUTHORITY
DOCUMENT INFORM AT ION
Author Governance Advisor, Paul Bright
Executive Office
Index ECM/ Governance/ Delegation of Authority
Attachments 1. Updated Delegations of Authority: Council to Chief Executive Officer
2016/17 (34pg document provided separately to this report. 2 x hard copies
provided in Councillors’ Room)
EXECUTIVE SUMMARY
This report provides a background of Council Delegations of Authority and summarises the annual
review of Delegations of Authority recently undertaken by the Governance Team.
RECOMMENDATION
That Council note the report by the Governance Advisor to the Services & Organisation Committee
Meeting dated 11 October 2016 and:
A. Pursuant to section 257 of the Local Government Act 2009 (LGA), agree to delegate the
powers of the Local Government outlined in Table 1 and Table 2 of the report (and provided
at Attachment 1), to the Chief Executive Officer;
B. Repeal Council’s current Land Protection Delegation 2015-24; and
C. Note that the current delegations of authority outlined in the report have been reviewed and
require no changes.
REPORT
BACKGROUND
By virtue of legislation, local governments are empowered, and are required to make numerous
decisions in order to properly discharge their powers and responsibilities for the communities they
serve.
To streamline operations, in accordance with section 257 of the Local Government Act 2009 (LGA),
a Local Government may, by resolution, delegate a power of the Local Government under the LGA
or another Act to:
The Mayor; or
The Chief Executive Officer (CEO).
Pursuant to section 259 of the LGA, a CEO may delegate the CEO’s direct powers to an
appropriately qualified employee or contractor of the Local Government. The CEO is also able to
on-delegate powers that have been delegated to CEO from Council.
The diagram below obtained from the Local Government Association of Queensland’s (LGAQ)
publication titled ‘Local Government Delegations’ provides an illustrative overview of the
Queensland delegations model.
Page 38 of 52
Section 39
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Queensland Delegations Model1
Diagram 1: Queensland Delegations Model
As a general guide, where a legislative instrument refers to a particular power of a ‘Local
Government’ this is a power of Council and therefore, that power is only able to be exercised by
Council unless that power has been appropriately delegated to the CEO and then on delegated to
employees (where appropriate).
In some instances, the CEO will have particular powers provided by legislation by virtue of holding
the position of CEO within the Local Government. Such powers can be identified where the
legislative instrument refers to a particular power of a “Chief Executive Officer’ as opposed to a
‘Local Government’.
It is important to note that if the CEO or Local Government delegates a particular power, they can
still utilise this power and if required, retract a delegated power from a person to whom they have
delegated the power, or amend or condition the delegation as desired.
REPORT
Pursuant to section 257(4) of the LGA, Delegations to the CEO by Council must be reviewed
annually by the local government. This ensures that the Delegations align with any relevant
legislative changes and new legislation enacted during the previous year. Council previously
adopted the majority of its current delegations at its Ordinary Meeting of 27 August 2015.
1 Local Government Association of Queensland ‘Local Government Delegations Guideline’.
Page 39 of 52
Section 40
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Council’s Delegations Register
In accordance with the LGA, Council has in place a Register of Delegations recording all
delegations made by the Council to the CEO, and the delegations which the CEO has on delegated
to various employees. The Register of Delegations must be made available to the public for review
upon request.
Pending adoption by Council, the new Delegation of Authority (summarised in Table 1 below) and
the updated Delegations of Authority (summarised in Table 2 below) will be included into Council’s
Delegations Register. The CEO will then where appropriate, on-delegate various powers to
relevant positions within the organisation to ensure efficient operations.
2016/17 Annual Delegations Review Process
LGAQ provides local governments with a ‘Delegations Register Service’. This service outlines all
possible delegable powers within the list of local government related legislation in the following two
documents:
1. The Register of Delegations – Council to CEO; and
2. The Register of Delegations – CEO to Employee or Contractor.
LGAQ engages King & Company Solicitors to provide assurance that its Delegation Registers are
up to date and can be relied upon by local governments. LGAQ undertakes comprehensive reviews
of its Delegations Register in February and August each year. Updates to the LGAQ register may
result from:
1. Changes to relevant State legislation; or
2. Improvements to the register as identified by King and Company Solicitors.
LGAQ provides that it is unlikely that all of the powers identified in its Delegation Registers will be
applicable to any one Council, and it is up to each particular Council to decide the powers that are
relevant to its operations and are required to be delegated. In not delegating a particular power of
a local government, Council alone (not the CEO) may exercise the power in the event that it is
required to be exercised by the organisation.
The Governance Team recently completed the prescribed annual review of delegations for the
2016/2017 period. The review process is outlined in the diagram below.
LGAQ via King and Company makes updates to its Delegation Registers.
Governance Team reviews LGAQ updates and determines in consultation with relevant operational teams and
CEO whether update is required and apprioriate timing.
Where changes to the register are appropriate for Noosa Council, a new Delegation of Authority or an
updated Delegation of Authority is prepared, which outlines the relevant powers to be delegated, and is
reported to Council for approval.
Once the delegation is approved by Council, the CEO where relevant and appropritate will on delegate the
authority to exercise that power to various positions within the organisational structure.
Diagram 2: Governance Team Delegation Review Process.
Page 40 of 52
Section 41
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Outcomes of 2016/17 delegations review
Required updates to current delegations and new delegation
LGAQ has generated one new delegation relating to the Body Corporate and Community
Management (Specified Two-lot Schemes Module) Regulation 2011, which has been identified
following consultation with the Manager of Planning and Environment as applicable to Council’s
operations. The relevant power is outlined in Table 1 below.
Table 1: New Council to CEO Delegation
Body Corporate and Community Management (Specified Two-lot Schemes Module)
Regulation 2011 (Confirmed as required by Council’s Planning & Environment Manger)
Section 33(4) Power, as the relevant planning body, to issue a certificate certifying the
transaction has been approved or noted as required under the relevant Planning Act.
The above delegation relates to the sale of common property in a body corporate scheme and
requires a certificate from the local government. It is not expected to come up often but relates to
varying a community management scheme (CMS) which Council’s Planning and Environment
Branch currently sign off on where the assessment is limited to whether the CMS is consistent with
the development approval for the site.
The delegation review has identified a number of required amendments to the current Council to
CEO delegations relating to the following Acts:
Biosecurity Act 2014;
Building Act 1975
Building Regulation 2006;
Environmental Offsets Regulation 2014;
Environmental Protection Act 1994;
Environmental Protection Regulation 2008;
Heavy Vehicle (Mass, Dimension and Loading) National Regulation;
Heavy Vehicle National Law;
Local Government Regulation 2012;
Work Health and Safety Regulation 2011; and
Workers’ Compensation and Rehabilitation Regulation 2014.
A summary of the changes required to the delegations relating to the above Acts is outlined in
Table 2 below.
By having these delegations in place, official approval by Council is not required in the event that
the CEO or an appropriate on delegate is required to exercise the relevant power referred to in the
delegation.
Copies of the complete updated delegations and the new delegation relating to Body Corporate
and Community Management are provided for at Attachment 1.
Page 41 of 52
Section 42
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Table 2: Updated Council to CEO Delegations
Biosecurity Delegation under the Biosecurity Act 2014 ( Confirmed as required by Waste
and Environment Health Manager)
New powers
The following powers have been added to the delegation in line with changes to LGAQ
Delegations Register and confirmation from Council’s Waste and Environmental Health
Manager.
Section 164A Power to apply to the chief executive for the end of a declaration of a designated
animal as a restricted animal.
Section 164B Power to apply to the chief executive for the end of a declaration of a designated
biosecurity matter as a restricted biosecurity matter.
Updated powers
The following powers have been updated in the delegation in line with changes to the LGAQ
Delegations Register.
Section 194(2) Power, as a relevant person, to create a movement record for a designated
animal and to give the record to the conveyor or drover of the animal.
Building Delegation under the Building Act 1975 and Building Regulation 2006
(Confirmed as required by Building and Plumbing Services Manager)
Removed powers
The following provisions have been removed from the Building Act 1975, and are therefore the
associated powers have been removed in the updated delegation:
Section 111 Power to grant or refuse BCA classification change or use change, if owner of
building applies.
Section 119 Power to approve the use of a building, other than a class 1, 2, 3 or 4 building, for
residential purposes.
Section 123 Power to give the owner of a building a certificate of classification for the building
if built before 30 April 1998 and the owner applies.
New powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Building Act 1975
Section 71 Power to decide an application to extend the period mentioned in subsection 71(3),
to consult with an entity in deciding the application and to give notice of the decision.
Section 95 Power, as the assessment manager, to give a reminder notice about the lapsing.
Section 236 Power to require the applicant to give medical evidence to support the application.
Section 238 Power to give notice of Council’s decision.
Page 42 of 52
Section 43
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 246AG(6) Power to give the owner notice of the decision.
Section 246AG(7) Power to give the owner an information notice about the decision.
Section 246AH Power to appoint or employ a pool safety inspector to conduct an inspection of
a pool in the circumstances referred to in subsection (1).
Section 246AIA Power to keep a record of a notice mentioned in section 246ADA(1) and the
results of the inspection carried out under section 246ADA.
Section 256(2)(h) Power, as local government, to authorise a person to make a complaint for
an offence against chapter 8, part 4, division 5, subdivision 2, other than section 246ATH(2) of
the Building Act 1975.
Section 256(2)(i) Power, as local government, to authorise a person to make a complaint for an
offence against chapter 8, part 5 of the Building Act 1975.
Section 256(2)(k) Power, as local government, to authorise a person to make a complaint for
an offence in the Building Act 1975 other than an offence listed in section 256(2)(a)-(j) of the
Building Act.
Building Regulation 2006
Section 12(4) Power, if it is not practicable to show each of the designated bush fire prone area
in Council’s planning scheme maps, to:-
(a) prepare maps showing the areas; and
(b) ensure the maps are updated.
Section 13(4) Power to keep a register of the flood hazard areas Council designates and when
each designation was made.
Environmental Offsets Delegation under Environmental Offsets Act 2014 and
Environmental Offsets Regulation 2014 (Confirmed as required by Planning and
Environment Manager)
Updated Powers
The following powers have been updated on the delegation in line with changes to the LGAQ
Delegations Register.
Environmental Offsets Act 2014
Section 90 Power, as an administering agency to keep a register of the matters listed in
subsection one, make the register available for inspection and give information held on the
register to the Chief Executive.
Environmental Offsets Regulation 2014
Section 14(7) Power, as a decision maker, to remove an advanced offset from the register kept
under section 90 of the Act.
Section 18(2) Power, as a relevant entity, to extend the time for applying for internal review.
Page 43 of 52
Section 44
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 19 Power, as a relevant entity, to review a reviewable decision, make an internal review
decision and to do all things authorised or required by section 19 following the making of the
decision.
Environmental Protection Delegation under Environmental Protection Act 1994 and
Environmental Protection Regulation 2008 (Confirmed as required by Waste &
Environmental Health Manager and Planning & Environment Manager)
Removed powers
The following provisions have been removed from the LGAQ register, and therefore, the
associated powers have removed in the updated delegation.
Environmental Protection Act 1994
Section 280 Power, as an administering authority, to give written notice to the environmental
authority holder of a proposed action to cancel or suspend the environmental authority.
Section 371 Power, as owner or occupier of land, to advise the administering authority that –
a notifiable activity is being carried out on the land; or
the land has been, or is being, contaminated by a contaminant that Council knows to be
hazardous contaminant.
Section 372 Power, as local government, to notify the administering authority that –
a notifiable activity has been, or is being, carried out in Council’s area; or
land in its area has been, or is being, contaminated by a contaminant that Council knows is
a hazardous contaminant.
Section 373 Power, as owner of land, to make submissions in response to a notice from the
administering authority that its land is being used for a notifiable activity or is contaminated.
Section 375 Power, as the owner of land, to conduct or commission, or permit a person to
conduct or commission, a site investigation.
Section 378(1) Power, as the recipient of a notice to conduct or commission a site investigation,
to apply to the administering authority to waive the requirement for a site investigation.
Section 385(1)&(2) Power, as recipient of a notice to conduct or commission a site investigation,
or person who submitted the report, to provide another site investigation report or to provide
further information if requested by the administering authority.
Section 391 Power, as the person who released the hazardous contaminant contaminating the
land, the relevant local government or the owner of the land, to conduct or commission
remediation works in relation to contaminated land upon request by the administering authority.
Section 405 Power, to prepare, or commission the preparation of, a site management plan if
requested to do so by the administering authority.
Power, as the person who released the contaminant, the relevant local government or the owner
of the land, to prepare, or commission the preparation of, a site management plan if requested
to do so by the administering authority.
Section 409 Power, as owner of land, to consent to a third party entering the land to prepare a
site management plan.
Page 44 of 52
Section 45
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 419 (1)&(2) Power, as owner of land, to agree to an amendment to the site management
plan made by the administering authority.
Power, as the person who released the contaminant, the relevant local government or the owner
of the land, to submit, at the request of the administering authority, a draft amendment of a site
management plan.
Environmental Protection Regulation 2008
Section 135 Power, as an administering authority, to recover as a debt from the holder of an
environmental authority any shortfall in the annual fee which results from a major amendment to
the environmental authority
Section 136 Power, as an administering authority, to refund the holder of an environmental
authority any overpayment of the annual fee which results from a major amendment to the
environmental authority.
New powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Environmental Protection Act 1994
Section 250C Power, as an administering authority, to:-
(a) de-amalgamate an environmental authority;
(b) issue 2 or more environmental authorities; and
(c) include each environmental authority in the relevant register.
Section 296 Power, as an administering authority, to give notice of the decision under section
295(1).
Section 307 Power, as an administering authority to, in the circumstances referred to in
subsection (1), give notice stating how much of the financial assurance has been used and
requiring it be replenished.
Section 318A Power to make submissions about a proposed ERA standard.
Section 320DA (1) Power, as a person mentioned in section 320A(2)(a), to within 24 hours after
becoming aware of an event or change mentioned in section 320A(2)(b)(i) or (ii) give the
administering authority written notice of the matters stated in subsection (2).
Section 320 DA (3) Power, as a person mentioned in section 320A(2)(a), to within 20 business
days after becoming aware of an event or change mentioned in section 320A(2)(b)(iii) give the
administering authority written notice of the activity.
Section 320DB (1) Power, as a local government mentioned in section 320(3)(a), to within 20
business days after becoming aware that the activity has been, or is being, carried out on land
in its area, give the administering authority written notice.
Section 320 DB (2) Power, as a local government mentioned in section 320(3)(b), to within 24
hours after becoming aware of the event or the change in condition of the land give the
administering authority written notice.
Section 326G Power, as an administering authority, to accept the report or refuse to accept the
report and to give notice of the decision.
Page 45 of 52
Section 46
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 326H Power, as an administering authority which has accepted an environmental report
under section 326G, to do 1 or more of the things listed in subsection (1).
Section 326I Power, as an administering authority which has refused to accept an environmental
report under section 326G(4)(b), to, by written notice, require the recipient to conduct or
commission another environmental investigation and submit a report on the investigation.
Section 344E Power, as an administering authority, to cancel the approval for a transition
environmental program; give notice of the decision or record details of the decision in a register.
Section 344F Power, as an administering authority, to withdraw the notice or remove the record.
Section 344G Power, as an administering authority, to give the holder of the environmental
authority a copy of the authority that does not include the note.
Section 357(2) Power, as an administering authority who has made an application to the Court
under section 355, to apply to the Court for an order pending decision on the application.
Section 357C, 357D and 357E Power, as administering authority, to –
grant an application for a temporary emissions licence, with or without conditions, as
submitted or on different terms than have been requested in the application; or
refuse to grant the application for a temporary emissions licence.
Section 394(5) Power, as a prescribed responsible person, to comply with a notice issued by
the administering authority pursuant to this section.
Section 395 Power, as a prescribed responsible person, to:-
(a) obtain the consent of the owner or occupier to enter the land;
(b) give the owner or occupier written notice of the intention to enter the land;
(c) agree with the owner or occupier about reasonable compensation because of the loss or
damage; and
(d) appear in any proceeding before a court of competent jurisdiction (including instructing a
legal representative to appear) where agreement about compensation cannot be reached.
Section 397 Power, as a prescribed responsible person, to comply with a requirement of the
administering authority given pursuant to this section.
Section 402 Power to apply to amend a site management plan and to comply with Chapter 7,
Part 8, Division 3, Subdivisions 2 to 4 as they relate to the application.
Section 408 Power, as an owner of land in a circumstance listed in subsection (1), to give the
notice required by subsection (2).
Section 452 Power, as owner or occupier of land, to consent to an authorised person’s entry
onto the land.
Section 455 Power, as the occupier of access land, to consent to an authorised person’s entry
onto the land.
Section 478 Power as a person to whom an emergency direction is given to comply with the
direction and to take the steps required by subsection (b).
Page 46 of 52
Section 47
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 506 Power, as a person who has made an application pursuant to section 505, to seek
an order of the Court pending determination of the application.
Section 507 Power, as the administering authority, to:
(a) accept or reject an enforceable undertaking;
(b) given written notice of the decision and the reasons for the decision
(c) publish a copy of any undertaking on Council’s website; and
(d) take all reasonable steps to have any proceedings in relation to the contravention
discontinued.
Section 509 Power, as the administering authority, to agree in writing to the withdrawal or
variation of an enforceable undertaking and to publish notice of the withdrawal or variation on
Council’s website.
Section 510 Power, as the administering authority, to amend an enforceable undertaking by
written agreement.
Section 511 Power, as the administering authority, to make an amendment to an enforceable
undertaking to correct a clerical or formal error and give written notice of the amendment.
Section 512 Power, as the administering authority, to:-
(a) amend or suspend an enforceable undertaking where satisfied one of the circumstances in
subsections 512(1)(a) to (d) apply; and
(b) comply with the requirements of subsection 512(2) to (7).
Section 513(2) Power, as the administering authority, to apply to the Magistrates Court for an
order if a person contravenes an enforceable undertaking.
Section 548(3) Power, as an administering authority, to consult with the chief executive about
guidelines the chief executive proposes for administering authorities.
Section 549(3) Power to consult with the chief executive about guidelines the chief executive
proposes.
Section 574BA Power, in the circumstance referred to in subsection 574BA(1), to recover the
administering authorities reasonable costs and expenses in performing the function.
Updated powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Environmental Protection Act 1994
Section 279, 280, 281 & 284 Power, as an administering authority, to:-
(a) cancel or suspend an environmental authority if an event mentioned in section 278(2) has
occurred;
(b) follow the procedures in Chapter 5, Part 11, Division 2;
(c) give notice of the decision; and
(d) record the action in the relevant register.
Page 47 of 52
Section 48
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Section 301 Power, as an administering authority, to decide to make a claim on or realise a
financial assurance and give an information notice about the decision.
Section 314 Power, as an administering authority to, in the circumstances specified in section
314(1)(a) and 314(1)(b):-
(a) require the holder of the environmental authority to make a site-specific application for a
new environmental authority under Chapter 5 Part 2 or make an amendment application for
the authority under Chapter 5 Part 7;
(b) give written notice of the proposed requirement prior to making it.
Section 322 & 323 Power, as an administering authority, to require a person to conduct or
commission an environmental audit and give an environmental report about the audit.
Section 357C & 357D Power, as administering authority, to –
grant an application for a temporary emissions licence, with or without conditions, as
submitted or on different terms than have been requested in the application; or
refuse to grant the application for a temporary emissions licence.
Section 376 Power, as the land’s owner, to make a written submission to the administering
authority in response to a show cause notice issued pursuant to section 375.
Section 390 Power, to give the administering authority:-
(a) a contaminated land investigation document accompanied by a declaration and a statement;
and
(b) a statement as owner of the land agreeing to the draft plan.
Section 392 (1) Power, as a prescribed responsible person, to make a written submission in
response to a show cause notice issued pursuant to section 391.
Section 403 Power, as owner or occupier of land, to consent to the amendment of a site
management plan for the land by the administering authority.
Section 404 Power, as the person who released the contaminant, the relevant local government
or the owner of the land, to prepare a draft amendment of a site management plan if requested
to do so by the administering authority and to comply with Chapter 7, Part 8, Division 3,
Subdivisions 2 to 5 as they relate to the draft amendment.
Section 407 Power, as owner of land, to give a lessee or proposed lessee notice that particulars
of the land have been recorded in the contaminated land register.
Environmental Protection Regulation 2008
Section 177 Power, as an administering authority, to exercise the power contained in previous
section 135 where the circumstances in subsection 177(1) apply.
Section 178 Power, as an administering authority, to exercise the power contained in previous
section 136 where the circumstances in subsection 178(1) apply.
Page 48 of 52
Section 49
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 11 OCTOBER 2016
Heavy Vehicle Delegation under the Heavy Vehicle (Mass, Dimension and Loading)
National Regulation and Heavy Vehicle National Law (Qld) (Confirmed by Technical
Officer Transport and Traffic)
Removed powers
The following provisions have been removed from the Heavy Vehicle (Mass, Dimension and
Loading) National Regulation and Heavy Vehicle National Law (Qld) and are therefore the
associated powers have removed in the updated delegation entirely:
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Section 7A Power, as a road manager, to consult with the road authority about the making of a
map showing an area or route to which the one tonne tri-axle mass transfer allowance applies.
Heavy Vehicle National Law (Qld)
Section 167 Power, as a road manager for a mass or dimension authority, to give the regulator
a notice objecting to the application of section 167 to the proposed replacement authority.
New powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Heavy Vehicle (Mass, Dimension and Loading) National Regulation
Section 14(3) Power, as a relevant road manager for an HML declaration, to consent to the
making of the declaration subject to the condition that stated intelligent access conditions are
imposed on the use of a stated type of HML heavy vehicle under the higher mass limits in an
area or on a route to which the declaration applies.
Section 14(4) Power, as a relevant road manager for an HML declaration, to give written
reasons for a decision made under subsection 14(3) to the Regulator.
Section 18 Power, as a relevant road manager for an HML declaration in the circumstances set
out in subsection 18(1), to ask the Regulator to do one or more of the things listed in subsection
18(2).
Local Government Rates Delegation under Local Government Regulation 2012
(Confirmed as Required in Consultation with the CEO and Rates and Revenue Services
Manager)
New powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Section 110 Power, where land becomes, or stops being, rateable land, to adjust the rates so
that the rates are calculated only on the period when the land was rateable land.
Section 111 Power, if the value of the land changes under the Land Valuation Act, to adjust the
rates so that the rates are calculated on the new value of the land for the period that starts on
the day the change takes affect.
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Section 112 Power, if the land is given a rating category, including a change of rating category,
to adjust the general rates so that the rates are calculated on the new or changed rating category
for the period that starts on the day the land was given the new or changed rating category.
Section 113 Power, if the land becomes, or stops being, land on which the local government
may levy special rates or charges, to adjust the rates or charges so that the rates or charges are
calculated on period when the land was land on which the local government could levy special
rates or charges.
Section 114 Power, if the land becomes, or stops being, land on which the local government
may levy special rates or charges, to adjust the rates or charges so that the rates or charges are
calculated on period when the land was land on which the local government could levy special
rates or charges.
Section 115 Power, to refund the overpaid amount of rates or charges or recover the amount of
rates or charges owing if the rates or charges are paid before they are adjusted.
Section 122(4) Power to be satisfied that a ratepayer is eligible for a concession granted
pursuant to a resolution made under subsection (1)(b).
Section 124(2) Power, in the circumstances referred to in subsection (1), to refund the amount
of the rebated rates or charges to the ratepayer.
Section 130(10) Power to still allow a discount where satisfied that the ratepayer has been
prevented, by circumstances beyond their control, from paying the rates or charges in time to
get the discount.
Workers Compensation, Rehabilitation, and Work, Health and Safety Delegation under
Work Health and Safety Regulation 2011 and Workers Compensation and Rehabilitation
Act 2003 (Confirmed as required by Workplace Health and Safety Advisor)
New powers
The following powers have been added to the delegation in line with changes to the LGAQ
Delegations Register.
Work Health and Safety Regulation 2011
Section 144VA & 144VB Power, as a holder of a licence to carry out demolition work, to apply
to the regulator for renewal of the licence.
Removed Powers
The following powers have been removed from the delegation in line with changes to the LGAQ
Delegations Register.
Workers’ Compensation Rehabilitation Act 2003
Section 571D Power, as a prospective employer, to apply to the Regulator for a prospective
worker’s claims history summary.
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Repeal of current Land Protection Delegation 2015-24
Council’s Environmental Health Coordinator and Local Laws Coordinator have confirmed that
Council’s current Land Protection Delegation 2015-14, which relates to powers under the Land
Protection (Pest and Stock Route Management) Act 2002 can be repealed as relevant powers in
that delegation relating to land protection and pest management have been incorporated into
Council’s Biosecurity Act delegation on account of legislative changes.
Confirmation of current delegations not requiring changes
To avoid any doubt, the current Council delegations outlined below, which have not been reported
to Council for amendment, remain in force.
Animal Management (Cats & Dogs) (Animal Management (Cats and Dogs) Act 2008)
Asbestos (Public Health Act 2005)
Disaster Management (Disaster Management Act 2003)
Fire & Rescue Services (Fire & Emergency Services Act 1990)
Food Premises (Food Act 2006 & Food Production Safety Act 2000)
Information Privacy (Information Privacy Act 2009)
Integrity Act (Integrity Act 2009)
Land (Land Act 1994)
Land Valuation Act (Land Valuations Act 2010)
Liquor (Liquor Act 1992)
Local Government – Authority to Sign (Local Government Act 2009 and Local Government
Regulation 2012)
Local Government Act (Local Government Act 2009 and Local Government Regulation 2012)
Local Government Roads and Stormwater (Local Government Act 2009 and Local Government
Regulation 2012)
Local Laws (Local Government Act 2009 & Council Local Laws)
Plumbing & Drainage (Pluming & Drainage Act 2002 & Standard Plumbing & Drainage
Regulation 2003)
Procurement & Contracting (Local Government Act 2009 and Local Government Regulation
2012)
Public Health (Public Health Act 2005 & Public Health Regulation 2005)
Public Health Infection Control (Public Health (Infection Control for Personal Appearance
Services Act 2003)
Public Interest Disclosure (Public Interest Disclosure Act 2010)
Right to Information (Right to Information Act 2009)
State Penalties Enforcement (State Penalties Enforcement Act 1999)
Statutory Bodies Financial Arrangement (Statutory Bodies Financial Arrangements At 1982)
Survey Mapping & Infrastructure (Survey Mapping & Infrastructure Act 2003)
Sustainable Planning (Sustainable Planning Act 2009)
TORUM (Transport Operations (Road Use Management) Act 1995)
Waste Reduction and Recycling (Waste Reduction & Recycling Act 2001 & Waste Reduction
& Recycling Regulation 2011)
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Previous Council Consideration
The majority of Council’s current delegations were adopted by Council at the Ordinary Meeting
held on 27 August 2015 with the exception of the Delegation of Authority: Biosecurity Act and
Delegation of Authority: Public Health, which were updated and adopted earlier this year due to
substantive legislative amendments.
Finance & Risk
Operationally, if delegations are not current or officers operate outside of their delegated authority,
relevant decisions made and action taken may be considered unauthorised and subject to legal
challenge. This may expose Council to the risk of unnecessary and expensive legal action by third
parties and reputational damage.
All of Council’s delegations contain the following conditions to manage the risk of Officers acting
beyond the appropriate delegated authority:
“1. The delegated officer must exercise this delegation in accordance with Council resolutions,
policies, guidelines, procedures, industrial instruments and agreements.
2. If the CEO on delegates any of these powers the delegated officer must exercise any
delegated power in accordance with the scope and limitations of the subject officer’s letter of
appointment and/or, position description, qualifications, technical knowledge and legislative
requirements.”
Officers and Contractors with delegated powers are provided with a memorandum outlining the
powers delegated to them and the abovementioned conditions.
Consultation
External Consultation - Community & Stakeholder
The Governance Team consults with the Mark Leyland, Principal Advisor of LGAQ in relation to
delegation matters as required.
Internal Consultation
The Governance Team has consulted with the CEO and relevant Directors, Managers and Officers
across the organisation in order to identify and confirm which powers from an operational viewpoint
should be delegated to ensure efficient and effective operations.
Departments/Sections Consulted:
x Chief Executive Officer Community Services Corporate Services
Executive Officer to the Mayor & CEO Community Facilities Financial Services
Executive Support Community Development ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property & Facilities
x Waste & Environmental Health x Revenue Services
Executive Office Planning & Infrastructure
Community Engagement x Building & Plumbing Services
Customer Service Civil Operations
Economic Development Disaster Management
x Governance x Infrastructure Planning & Design
x Human Resources x Planning & Environment
Sustainability Strategic Land Use Planning
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