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2018-03-06 Services & Organisation Committee Agenda
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AGENDA
Services & Organisation
Committee Meeting
Tuesday, 6 March 2018
commencing at 1.30pm
Committee Room, 9 Pelican Street, Tewantin
Committee: Crs Frank Pardon (Chair), Jess Glasgow, Tony Wellington, Frank Wilkie
“Noosa Shire – different by nature”
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Full text of the other 78 sections
Section 2
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
TABLE OF CONTENTS
ITEM PAGE
ATTENDANCE & APOLOGIES -
PRESENTATIONS -
REPORTS FOR CONSIDERATION OF THE COMMITTEE 3
1 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2018 3
2 ADOPTION OF LOCAL LAW NO 7 (WASTE MANAGEMENT) 2017 6
3 COMMUNITY HEALTH AND WELLBEING PLAN 26
4 1718T058 NOOSAVILLE LIBRARY REFURBISHMENT DESIGN & CONSTRUCT 35
5 1718T081 - CONSTRUCTION OF MAIN BEACH BOARDWALK UPGRADE 41
6 POLICY - UTILITY SERVICES THROUGH PUBLIC LAND TO SERVICE JETTIES &
OTHER FACILITIES 46
7 NOOSA MAIN BEACH EVENTS POLICY 51
8 SUNRISE BEACH NEIGHBOURHOOD SHOPPING CENTRE - SHOP 8 LEASE
RENEWAL 66
REPORTS FOR NOTING BY THE COMMITTEE 68
9 JANUARY 2018 RATE LEVY OVERVIEW 68
CLOSED SESSION
10 COUNCIL INFORMATION
COMMUNICATION TECHNOLOGY (ICT) ENTERPRISE SYSTEMS CONTRACT 72
Page 2 of 79
Section 3
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 CHANGE OF VENUE FOR COUNCIL MEETINGS - 2018
DOCUMENT INFORM AT ION
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Council Meetings General
Attachments Nil.
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 6 March 2018 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to hold the
Ordinary Meetings on 21 June 2018 and 15 November 2018 at the following locations:
1. Thursday, 21 June 2018 – Kin Kin School of Arts Hall, 50 Main Street, Kin Kin
commencing at 6pm; and
2. Thursday, 15 November 2018 – Pomona Showgrounds Hall, Corner Exhibition and
Pavilion Streets, Pomona commencing at 6pm.
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to
promote these community based Council Meetings.
REPORT
Since 2014, Council has generally held two Ordinary Meetings each year at different community
locations. Meetings have been held in Pomona and Peregian Beach (2014), Cooran and Noosa
Junction (2015), Cooroy (2016) and Boreen Point and Sunshine Beach (2017). These community
based Council meetings provide an opportunity for local communities to meet with the Mayor and
Councillors and discuss local issues.
For 2018, the following arrangements are proposed:
1. Ordinary Meeting, 21 June 2018 to be held at the Kin Kin School of Arts Hall at 6pm; and
2. Ordinary Meeting, 15 November 2018 to be held at the Pomona Showgrounds Hall at 6pm.
Both meetings will be preceded by an informal “meet and greet” at 5pm where local residents can
discuss issues with Council’s representatives. The meetings will also be followed by another
informal discussion opportunity.
Section 257 (3) of the Local Government Regulation 2012 provides that:
“All meetings of a local government are to be held –
(a) at one of the local government’s public offices; or
(b) for a particular meeting – at another place fixed by the local government, by resolution, for
the meeting.
The report recommendation meets the requirements of this section of the Regulation.
Page 3 of 79
Section 4
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Previous Council Consideration
Ordinary Meeting, 1 May 2014, Item 16, Page 10
That Council note the report by the Chief Executive Officer to the General Committee dated 28
April 2014 and:
A. Resolve pursuant to Section 257 of the Local Government Act to hold its Ordinary Meeting
on 29 May 2014 at the Pomona Bowls Club, Pomona commencing at 6pm;
B. Resolve pursuant to Section 257 of the Local Government Act to hold its Ordinary Meeting
on 20 November 2014 at the Peregian Beach Surf Club, Peregian Beach commencing at
6pm; and
C. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to
promote these community based Council Meetings including the opportunity for our
community to meet the Mayor, Councillors, CEO and Directors prior to the formal meeting.
Ordinary Meeting, 18 December 2014, Item 11, Page 48
That Council note the report by the PA to the CEO to the Planning & Organisation Committee
Meeting dated 9 December 2014 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to hold its
Ordinary Meeting on:
1. Thursday, 7 May 2015 at the Cooran Memorial School of Arts Hall, Cooran
commencing at 6pm; and
2. Thursday, 19 November 2015 at The J, Noosa Junction commencing at 6pm.
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to
promote these community based Council Meetings.
Post Election Meeting, 5 April 2016, Item 2, Page 2
That Council note the report by the Chief Executive Officer to the Post Election meeting dated
5 April 2016 regarding the establishment of Standing Committees and the adoption of the Council
meeting timetable for the remainder of 2016 and:
1. Approve the establishment of the Planning and Environment Committee, the Services and
Organisation Committee, and the General Committee as Standing Committees under section
264 of the Local Government Regulation 2012, with the relevant roles and responsibilities
identified in the Chief Executive Officer’s report;
2. Appoint the following Councillors to each of the Committees:
Planning and Environment Committee
Councillor Wellington
Councillor Jurisevic
Councillor Jackson
Councillor Stockwell
Services and Organisation Committee
Councillor Wellington
Councillor Pardon
Councillor Wilkie
Councillor Glasgow
General Committee
The Mayor and all Councillors
Page 4 of 79
Section 5
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
3. Note that pursuant to section 267 of the Local Government Regulation 2012, each Committee
will appoint its own chairperson; and
4. Adopt the times and dates of future meetings of the Council and Committees in accordance
with the Meeting Calendar 2016 shown at Attachment 1 to the report, with all meetings to be
held at the Council Chambers at Tewantin other than the Ordinary Meeting on 20 October
2016 which will be held offsite at Cooroy.
Ordinary Meeting, 20 April 2017, Item 8, Page 7
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 11 April 2017 and:
A. Pursuant to Section 257(3)(b) of the Local Government Regulation 2012, resolve to hold the
Ordinary Meetings on 18 May 2017 and 16 November 2017 at the following locations:
1. Thursday, 18 May 2017 – Lake Cootharaba Sailing Club, Boreen Point commencing
at 6pm; and
2. Thursday, 16 November 2017 – Sunshine Beach State School, Sunshine Beach
commencing at 6pm.
B. Request the Chief Executive Officer to ensure that suitable advertising is undertaken to
promote these community based Council Meetings.
Finance
Nil.
Risks & Opportunities
Nil.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
X Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 5 of 79
Section 6
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
2 ADOPTION OF LOCAL LAW NO 7 (WASTE MANAGEMENT) 2017
DOCUMENT INFORM AT ION
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/Subject/Local Law Governance
Attachments 1. Noosa Council Public Interest Test Plan Report (41 page attachment
provided separately to this report)
2. Proposed Local Law No.7 (Waste Management) 2017
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 6 March 2018 and
A Note that Council has consulted with relevant government entities about the overall State
Interest in Local Law No. 7 (Waste Management) 2017;
B Note that Local Law No. 7 (Waste Management) 2017 contains anti-competitive provisions;
C Implement the recommendations of the Public Interest Test Report about Local Law No. 7
(Waste Management) 2017 as provided in Attachment 1; and
D Make Local Law No. 7 (Waste Management) 2017 as advertised, but amended by the
omission of each reference to ‘2017’, and the insertion instead of a reference to ‘2018’.
E. Authorise the CEO to coordinate the remaining procedural steps in accordance with the local
law making process.
REPORT
This report deals with the adoption of proposed Local Law No.7 (Waste Management) 2017
following referral to State Government entities for comment and subsequent invitations for
comment from the public and relevant industry stakeholders.
1. Background
The State Government intends to repeal Environmental Protection Regulation 2008, Chapter 5A
(Chapter 5A) dealing with management of waste in local government areas and Waste Reduction
and Recycling Regulation 2011, section 7 (section 7) which deals with Council’s ability to designate
areas of the shire where it intends to provide waste collection services and to determine the
frequency of collection services. The latest advice is that the repeal will become effective from 1
July 2018.
To ensure continuity, the State Government recommended local governments adopt local laws to
replicate the provisions of the repealing legislation. A draft local law was prepared by King and
Company and submitted to Council as proposed Local Law No.7 (Waste Management) 2017.
Council agreed to propose to make this local law and proceeded to implement the local law making
procedures including:
Page 6 of 79
Section 7
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
development of a Public Interest Test Plan to review the anti-competitive elements of the
local law;
inviting State Government entities to comment on the local law;
inviting public comment on the proposed local law by advertising for a period of 21 days,
concurrently notifying relevant industry and inviting their submissions.
2. Referral to 27 State Entities
Following Council’s resolution to propose to make Local Law No 7, the draft documentation was
referred to 27 Government entities for comment about the overall State Interest. These entities are
listed in Attachment A, Annexure C in the Public Interest Test Plan Report (Attachment 1). Only 5
of the Government entities responded to Council and none of the responding entities objected to
the local law or offered comments requesting amendment.
3. Public consultation – Noosa Community and Industry Stakeholders
Public advertising of the proposed local law occurred in Noosa News on 12 January 2018 and
responses closed at 5pm on 2 February 2018 after the required 21 day advertising period. It is
interesting to note that there were no submissions from the general public.
Submissions were received from the following two industry stakeholders:
Waste Management Association of Australia; and
Waste and Recycling Industry of Queensland
These two submissions were closely reviewed in accordance with the Public Interest Test Plan
developed for reviewing the proposed local law. A summary of the submissions and responses to
the submissions are detailed in Attachment A of the Public Interest Test Plan (Attachment 1).
4. Change of title
The title of the proposed local law when it was developed and advertised was Local Law No.7
(Waste Management) 2017. The year 2017 needs to be changed to 2018 to reflect that the local
law is being introduced in 2018 in accordance with the State Government Guidelines for drafting
local laws. The title will be changed to Local Law No.7 (Waste Management) 2018.
5. Remaining procedural steps to finalise the local law making process
Pending Council’s approval to make the local law, after its consideration of the assessment of
anticompetitive elements of the local law and the review of the submissions from Industry
Stakeholders, it is recommended that the remaining procedural steps required to finalise the local
law making process are undertaken as soon as possible, given that the relevant state legislation
provision will expire 30 June 2018. The remaining steps include:
Publishing a public notice on Council’s Website that Council has made the local law;
Publishing a notice in the Queensland Government Gazette;
Providing the Minister of Local Government with a copy of the Gazette Notice, a copy of the
local law in electronic form and advice of each anti-competitive provision in the local law and
the reasons for their inclusion; and
Updating Council’s register of local laws.
Pursuant to section 32 of the Statutory Instruments Act 1992, the local law will commence on the
date on which the notice of making of the same is published in the gazette. Therefore, the above
steps must be finalised well in advance of 30 June 2018.
Once the local law making steps have been finalised and prior to 30 June 2018, a further report
will be brought to Council regarding the commencement of operating under the new local law.
Page 7 of 79
Section 8
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Previous Council Consideration
Ordinary Meeting Minutes, 19 October 2017, Page 6, Item 3
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 October 2017 and:
A. Propose to make the proposed Local Law No. 7 (Waste Management) 2017 (provided at
Attachment 1) in accordance with Council Local Law Making Process;
B. Note that Council will comply with the procedures prescribed under section 15 of the Local
Government Regulation 2012 to review the possible anti-competitive provisions in the
proposed local law, which are identified in Attachment 2;
C. Note that Council will consult with relevant State Government entities about the overall State
interest in the proposed local law; and
D. Note that Council will consult with the public about the proposed local law for at least 21 days
and comply with the requirements of the public consultation process as outlined in Council’s
Local Law Making Process.
Finance
There are significant financial implications around the proposal by State Government to repeal
sections of the Environmental Protection Regulations and the Waste and Recycling Regulations
dealing with Waste Management, which will take effect from 1 July 2018.
A failure to provide supporting legislative frameworks (i.e. a local law) to manage waste in the
absence of state legislation will lead to serious consequences and an inability to require
appropriate levels of control over:
Storage, servicing and removal of waste;
Regulating disposal of waste at waste facilities; or
Ensuring that an act or omission does not result in:
Harm to human health or safety, or personal injury;
Property damage or loss of amenity; or
Environmental harm or environmental nuisance.
The financial implications of the above could lead to:
a substantial loss of rating revenue from waste collection;
contractual loss and challenges for loss of revenue from the waste collection contractor;
increased surveillance costs and additional staff required to monitor impacts on health, waste
and the environment.
Risks & Opportunities
Public Interest Test Report (Attachment 1) shows a comprehensive summary of the impacts
(Risks) if Council does not adopt the proposed Local Law No 7.
Consultation
External Consultation - Community & Stakeholder
King and Company for legal advice on the proposed local law and procedural issues for making
the local law.
Gold Coast City Council who recently implemented a similar local law.
State Government entities that may have an interest in the local law seeking any conflicts between
the local law and their business, particularly anti-competitive elements.
Local Industry Stakeholders, the Noosa Community and industry that have an interest in Waste
Management and are impacted by the Local Law.
Page 8 of 79
Section 9
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Internal Consultation
Paul Bright, Governance Advisor assisted with the procedural issues for developing the local law
and provided support in the development of this report.
Departments/Sections Consulted:
Chief Executive Officer x Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
x Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
x Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 9 of 79
Section 10
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 2
Page 10 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 2
Local Law No. 7 (Waste Management) 2017
Contents
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Division1 Designation of areas for general or green waste collection 2
5 Designation Of AFCAS....... eee ec ceceececsseeeeee ceeceeeecseeeeeeesaecesaeceeees ceseecseeenseeeteesteeel
Division 2 General waste 3
Subdivision 1 Storage of general waste 3
6 Owner or occupier of premises to supply waste containefrs.................0::0.3
7 Requirements for storing general waste in waste containefs ................0 4
8 General requirements for keeping waste containers at serviced premises ....5
9 Other requirements for storing general waste at particular serviced premises6
Subdivision 2 Removal of general waste 6
10 Local government may give notice about removal of general waste ..............6
11 Depositing or disposal of general waste from premises other than serviced
PIOMISES 00... ..cccecccescesesseceessseeusseeceaececseececssseceaeee suaeesesseeesesseecesatesestaterseeeesseeel,
Division 3 Storage and treatment of industrial waste 8
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13 Requirement to treat industrial waste for dispoSal .............cccccccceeceeseeeceeeeeee ne
Part 3 Waste receival and dispOSal ..............ccessseeeeeeeeeeeeeeeeeseeeeesseseesseeeeeeeeD
14 — Unlawful disposal of waste at waste facility ....0..... cece eeeete eeteeeenteeeeeeeee ee
15 Restrictions on burning waste at waste facility ......0.....0.ccccecccseeeeeeeesereeeees 10
16 Restrictions on use of waste facility ......0.0....c ccc cecceeecceceeeeeesteteesttteeeeseeee 10
17 Person to comply with directions and give information ..............cccceeeeeeee 10
Part 4 Subordinate local laWS ............:::cscccceeeeeeeeeeeeeeeeeeeseseeseeneeseneeeeeeeeeee TD
18 Subordinate local lAWS ...........cceccesececceseeseeeceeeeseeceecssecescseeseesesesseesesseesenee 11
Part 5 Transitional ProviSiOns.............cccceeeceeeeeeeeeseeeeeeeeeeeeeeeeeeesseeeeeeeeeeeee DD
19 Continuation of chapter 5A requirements................:ccceeesseeeeeceeeseeeeseettreesnee 12
Schedule DiCtiONary..........cccceccceeeeeeeeeeeeceeeeneeeeeeeeeeeaeeeeeseeseeaeeeeeeeseeseneeseeeseseneeee TO
Page 10 of 79Section 11
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 11 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Local Law No. 7 (Waste Management) 2017
2
Part 1 Preliminary
1 Short title
This local law may be cited as Local Law No. 7 (Waste Management) 2017.
2 Objects
The object of this local law is to protect the public health, safety and
amenity related to waste management by—
(a) regulating the storage, servicing and removal of waste; and
(b) regulating the disposal of waste at waste facilities; and
(c) ensuring that an act or omission does not result in—
(i) harm to human health or safety or personal injury; or
(11) property damage or loss of amenity; or
(iii) environmental harm or environmental nuisance.
3 Relationship to other laws
(1) This local law is—
(a) in addition to and does not derogate from laws about the
management of waste; and
(b) to be read with Noosa Shire Council Local Law No. 1
(Administration) 2015.
(2) For the purposes of Environmental Protection Regulation 2008,
section 81ZC, this local law replaces Lnvironmental Protection
Regulation 2008, chapter 5A (Waste management by local governments).
4 Definitions
The dictionary in the Schedule (Dictionary) of this local law defines the
particular words used in this local law.
Part 2 Waste management
Division 1 Designation of areas for general or green
waste collection
5 Designation of areas
The local government may—
Page 11 of 79Section 12
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
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Local Law No. 7 (Waste Management) 2017
3
(a) by resolution, designate areas within its local government area in
which the local government may conduct general waste or green
waste collection; and
(b) decide the frequency of general waste or green waste collection in
the designated areas.
Division 2 General waste
Subdivision 1 Storage of general waste
6 Owner or occupier of premises to supply waste containers
(1) The owner or occupier of premises must—
(a) subject to subsection (2), supply standard general waste containers
at the premises as—
(i) are necessary to contain the general waste produced at the
premises; or
(11) are prescribed by subordinate local law; or
(b) supply at the premises, waste containers, other than standard
general waste containers, as—
(i) if required by the local government — are necessary to
contain the general waste produced at the premises; or
(11) are prescribed by subordinate local law.
Examples of ways the local government may require waste containers for paragraph
L(b)—
by a resolution of the local government or a development approval for the premises
Maximum penalty — 20 penalty units.
(2) However, subsection (1)(a) does not apply if the local government supplies
to the premises the number of standard general waste containers the local
government reasonably considers is required at the premises.
(3) If the local government supplies a standard general waste container to
premises under subsection (2), the reasonable cost of supplying the
container is a debt payable by the owner or occupier of the premises to the
local government.
(4) However, subsection (3) does not prevent the local government from
supplying a standard general waste container to premises without cost to the
owner or occupier of the premises.
Page 12 of 79Section 13
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
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Local Law No. 7 (Waste Management) 2017
4
7 Requirements for storing general waste in waste containers
(1) The occupier of premises must—
(a) store general waste produced as a result of the ordinary use or
occupation of the premises in—
(1) astandard general waste container; or
(1) if another type of waste container is prescribed by
subordinate local law — the other type of container; and
(b) keep each waste container clean and in good repair; and
(c) ensure that each waste container is securely covered, except when
the waste is being placed in, or removed from, the container or the
container is being cleaned.
Maximum penalty — 20 penalty units.
(2) A person must not—
(a) place any of the following in a waste container—
(1) aliquid, semi-liquid or moist substance, unless the substance
is securely wrapped or contained to prevent the substance
leaking from the wrapper or container; or
(11) material that is smouldering or aflame; or
(iii) matter or a thing that is alive; or
(iv) a thing stated in a subordinate local law; or
(b) remove or disturb the cover of a waste container, except when
placing waste in or cleaning the container; or
(c) use or damage a waste container so that it is not weatherproof or
serviceable or cannot be securely covered; or
(d) disturb or otherwise interfere with the contents of a waste
container.
Maximum penalty — 20 penalty units.
(3) The occupier of the premises must not allow a person to place a thing in a
waste container in contravention of subsection (2)(a).
Maximum penalty — 20 penalty units.
(4) It is a defence in a proceeding against a person for an offence under
subsection (3) for the person to prove the contravention was due to causes
over which the person had no control.
Page 13 of 79Section 14
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
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Local Law No. 7 (Waste Management) 2017
5
8 General requirements for keeping waste containers at serviced
premises
(1) Subject to subsection (2), the occupier of serviced premises must ensure that
a waste container supplied for the premises is kept—
(a) if the local government requires the container to be kept at a
particular place at the premises — at the place (the waste container
storage place); or
Examples of ways the local government may require waste containers to be kept at a
particular place —
by a resolution of the local government or a development approval for the premises
(b) if a subordinate local law requires the container to be kept at a
particular place at the premises — at the place (also a waste
container storage place), or
(c) if paragraphs lay and|(b) do not apply — at ground level close to
the rear alignment of a building at the premises.
Maximum penalty — 20 penalty units.
(2) Subsection (1) does not prevent the occupier of the serviced premises from
placing a waste container in a place outside the premises for the collection
of general waste from the container, if—
(a) the local government has arranged to collect waste from the
container at the place; and
(b) the container is in the place for no longer than—
(1) the period, if any, allowed under a local law of the local
government; or
(11) 24 hours before or after the scheduled collection day for the
collection of the waste in the container.
Example of a place outside serviced premises—
the kerb adjacent to the serviced premises
(3) If the local government has arranged for the collection of general waste
from a waste container at serviced premises, the occupier of the premises
must ensure there is unobstructed access to the container for removal of the
waste.
Maximum penalty for subsection (3) — 20 penalty units.
(4) It is a defence in the proceeding against a person for an offence under
subsection (3) for the person to prove the contravention was due to causes
over which the person had no control.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
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Local Law No. 7 (Waste Management) 2017
6
9 Other requirements for storing general waste at particular serviced
premises
(1) This section applies to any of the following persons (each a prescribed
person) for serviced premises, other than a single detached dwelling—
(a) the owner or occupier of the premises;
(b) if a prescribed ERA is carried out at the premises — the holder of
the environmental authority for the prescribed ERA.
(2) The prescribed person must ensure that the waste container storage place for
the premises is supplied with—
(a) if required by the local government — each of the following—
(i) — either—
(A) an elevated stand at a level required by the local
government for holding all waste containers; or
(B) an imperviously paved area, drained as required by the
local government, where all waste containers can be
placed;
(11) a hose cock and hose in the vicinity of the stand or paved
area;
(iii) a suitable enclosure for the area where the waste containers
are kept; and
Examples of ways the local government may require a prescribed person to
comply with subsection (2)(a) —
by a resolution of the local government or a development approval for the
premises
(b) if a requirement is prescribed by subordinate local law — facilities
and structures for the placement, storage and cleaning of waste
containers as prescribed by subordinate local law.
Maximum penalty for subsection (2) — 20 penalty units.
Subdivision 2 Removal of general waste
10 Local government may give notice about removal of general waste
(1) This section applies where the local government has arranged for the
removal of general waste produced at a premises.
(2) The local government may give the occupier of the premises a written
notice stating—
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Local Law No. 7 (Waste Management) 2017
7
(a) the days (cach a scheduled collection day) on which the waste is to
be collected; and
(b) the location (collection location) where the waste container is to be
placed for collection of the waste ; and
(c) the time by which the waste container is to be placed in the
collection location for collection of the waste; and
(d) the time by which the waste container is to be removed from the
collection location.
11 Depositing or disposal of general waste from premises other than
serviced premises
(1) This section applies if general waste is produced at a premises, other than
serviced premises.
(2) The local government may—
(a) give a written approval to the owner or occupier of the premises for
depositing or disposing of the waste; and
(b) impose conditions on the approval, including, for example,
conditions about—
(i) _ the place for depositing or disposing of the waste; or
(ii) the method of depositing or disposing of the waste.
(3) A person must not deposit or dispose of the waste unless the person deposits
or disposes of the waste—
(a) at a waste facility in accordance with part 3; or
(b) in accordance with—
(i) an approval under subsection (2) for disposal of the waste;
and
(ii) if the approval has been given on conditions — the
conditions of the approval.
Maximum penalty for subsection (3) — 20 penalty units.
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Division 3 Storage and treatment of industrial waste
12 Requirements for storing industrial waste
(1) The occupier of premises where there is industrial waste must—
(a) if required by the local government—
(1) supply at the premises the number of industrial waste
containers required by the local government for storing the
waste at the premises safely, efficiently and without causing a
nuisance; and
(ii) keep the waste containers at the particular place at the
premises required by the local government; and
(ii) keep cach waste container clean and in good repair; and
Examples of ways the local government may require compliance with subsection l(a) —
by a resolution of the local government or a development approval for the premises
(b) if a requirement is prescribed by subordinate local law — comply
with each requirement prescribed by subordinate local law, about
each of the following—
(i) the supply at the premises of industrial waste containers for
storing the waste at the premises;
(ii) keeping the waste containers at a particular place at the
premises;
(111) keeping each waste container clean and in good repair.
Maximum penalty — 20 penalty units.
(2) The local government may supply industrial waste containers at the
premises if the occupier does not supply at the premises the number of
industrial waste containers which are—
(a) required by the local government under subsection (1)(a); or
(b) prescribed by subordinate local law under subsection (1)(b).
(3) If the local government supplies an industrial waste container to premises
under subsection (2), the reasonable cost of supplying the container is a debt
payable by the occupier of the premises to the local government.
13 Requirement to treat industrial waste for disposal
The occupier of premises where there is industrial waste must—
(a) if required by the local government, treat the waste to a standard
approved by the local government—
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(i) _ for disposal of the waste at a waste facility; or
(ii) for transport to, and disposal of the waste at, a waste facility;
and
Examples of ways the local government may require an occupier to treat industrial waste
for disposal —
by a resolution of the local government or a development approval for the premises
(b) comply with requirements, as prescribed by subordinate local law,
about the treatment of industrial waste—
(i) _ for disposal of the waste at a waste facility; and
(ii) for transport to, and disposal of the waste at, a waste facility.
Maximum penalty — 40 penalty units.
Part 3 Waste receival and disposal
14 Unlawful disposal of waste at waste facility
qd) A person must not deposit the following waste at a waste facility—
(a) liquid or semiliquid waste;
(b) hot ash;
(c) material that is smouldering or aflame;
(d) material that can spontaneously combust;
(e) material containing a substance that may be harmful to persons or
property because, if it reacts with air or water, it may produce toxic
gases or become corrosive or explosive;
(f) an explosive;
(g) ammunition, other than ammunition that no longer contains
explosives, pyrotechnics or propellants apart from trace residues
that are no longer capable of supporting combustion or an
explosive reaction;
(h) waste prescribed by subordinate local law.
Maximum penalty — 20 penalty units.
(2) Subsection (1) does not apply to waste deposited with the consent of—
(a) the person who—
(v) is the registered suitable operator for the facility; or
(vi) holds an environmental authority for the facility; or
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(b) the person in charge of the facility.
15 Restrictions on burning waste at waste facility
A person must not set fire to, or burn, waste at a waste facility other than—
(a) under an environmental authority; or
(b) under a development condition of a development approval; or
(c) under the Fire and Emergency Services Act 1990.
Maximum penalty — 20 penalty units.
16 Restrictions on use of waste facility
(1) A person must not, without the consent of a waste facility’s owner or
operator—
(a) enter the facility other than to deposit waste; or
(b) remain on the facility after depositing waste; or
(c) interfere with waste at, or remove waste from, the facility.
Maximum penalty — 10 penalty units.
(2) Subsection (1) does not apply to—
(a) the facility’s owner or operator; or
(b) an authorised person; or
(c) a person who acquires from a waste facility, with the consent of the
local government—
(i) recyclable waste, for example, mulch or green waste; or
(ii) 1 or more items of waste which are made available for sale or
disposal by the local government, for example, at a “tip
shop”.
17 Person to comply with directions and give information
(1) This section applies to a person who transports waste to a waste facility.
(2) The person must—
(a) comply with all relevant and reasonable directions contained in any
sign displayed at the facility by a facility person; and
(b) comply with all reasonable instructions about dealing with the
waste at the waste facility which are given by—
(i) | the person in charge of the facility; or
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(11) a facility person; and
(c) if asked by a facility person — give information to the facility
person about the type and amount of waste being delivered to the
facility; and
(d) if asked by a facility person — give information to the facility
person that provides satisfactory evidence of the identity and
residential address of the person.
Maximum penalty — 10 penalty units.
(3) In this section, for a waste facility, facility person means each of the
following—
(a) the operator of the waste facility;
(b) the owner of the waste facility;
(c) the local government.
Part 4 Subordinate local laws
18 Subordinate local laws
The local government may, by subordinate local law, specify—
(a) a thing that is specified to be waste pursuant to the Schedule
(Dictionary) of this local law; and
(b) requirements about the necessity to supply standard general waste
containers at premises under section 6(1)(a); and
(c) requirements about the supply at premises of waste containers,
other than standard general waste containers, to contain the general
waste produced at the premises under section 6(1)(b); and
(d) another type of waste container for the storage of general waste
produced as a result of the ordinary use or occupation of premises
under section 7(1); and
(e) a thing that a person must not place in a waste container under
section 7(2); and
(f) requirements about the keeping of the waste container supplied for
premises at a particular place at the premises under section 8(1)(b);
and
(g) requirements about the supply of facilities and structures for the
placement, storage and cleaning of waste containers under
section 9(2)(b); and
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(h) requirements about the supply at premises of industrial waste
containers for storing industrial waste at the premises and other
requirements about waste containers for the storage of industrial
waste under section 12(1)(b); and
(1) requirements about the treatment of industrial waste under
section 13(b); and
(j) waste that a person must not deposit at a waste facility under
section 14(1).
Part 5 Transitional provisions
19 Continuation of chapter 5A requirements
(1) This section applies if a provision of Environmental Protection
Regulation 2008, chapter 5A (Waste management by local governments), is
replaced by a provision of this local law.
(2) In this section, prescribed provision means a provision of Environmental
Protection Regulation 2008, chapter5A (Waste management by local
governments) which is replaced by a provision of this local law.
(3) If the local government has made a requirement under a prescribed
provision prior to the commencement of this local law, the requirement
applies for the provision of this local law which replaced the prescribed
provision from the commencement of this local law.
Example —
The local government may require that a waste container supplied for serviced premises be
kept at a particular place at the premises by development approval for the premises under
Environmental Protection Regulation 2008, section 81ZH(1). Environmental Protection
Regulation 2008, section 81ZH(1) is a prescribed provision which is replaced by section 8
(General requirements for keeping waste containers at serviced premises). A requirement
under the prescribed provision made prior to the commencement of this local law would
apply for section 8 of this local law from the commencement of this local law.
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Schedule Dictionary
section 3
authorised person means a person appointed by the chief executive officer
of the local government, pursuant to Local Government Act 2009,
section 202, to exercise the powers of an authorised person under this local
law.
collection location means a place at, or adjacent to, premises at which a
standard general waste container associated with the premises can be easily
accessed by a general waste collection vehicle without causing obstruction.
commercial premises means any of the following types of premises—
(a) a hotel, motel, caravan park, cafe, food store or canteen;
(b) an assembly building, institutional building, kindergarten, child
minding centre, school or other building used for education;
(c) premises where a sport or game is ordinarily played in public;
(d) an exhibition ground, show ground or racecourse;
(e) an office, shop or other premises where business or work, other
than a manufacturing process, is carried out.
commercial waste means waste, other than green waste, recyclable waste,
interceptor waste or waste discharged to a sewer, produced as a result of the
ordinary use or occupation of commercial premises.
development approval has the meaning given in the Planning Act 2016.
domestic premises means any of the following types of premises—
(a) a single unit private dwelling;
(b) premises containing 2 or more separate flats, apartments or other
dwelling units;
(c) a boarding house, hostel, lodging house or guest house.
domestic waste means waste, other than domestic clean-up waste, green
waste, recyclable waste, interceptor waste or waste discharged to a sewer,
produced as a result of the ordinary use or occupation of domestic premises.
environmental authority has the meaning given in the Environmental
Protection Act 1994.
environmental harm has the meaning given in the Environmental
Protection Act 1994.
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a
environmental nuisance has the meaning given in the Environmental
Protection Act 1994.
general waste means—
(a) waste other than regulated waste; and
(b) for part 2, any of the following—
(1) commercial waste;
(11) domestic waste;
(iii) recyclable waste.
green waste means grass cuttings, trees, bushes, shrubs, loppings of trees,
bushes or shrubs, or similar matter produced as a result of the ordinary use
or occupation of premises.
industrial waste means—
(a) interceptor waste; or
(b) waste other than the following—
(i) commercial waste;
(11) domestic clean-up waste;
(iii) domestic waste;
(iv) green waste;
(v) recyclable interceptor waste;
(vi) recyclable waste;
(vii) waste discharged to a sewer.
industrial waste container means a container of a type approved by the
local government for storing industrial waste at premises in the local
government’s area.
interceptor means a device used to intercept a substance in sewage, waste
water or trade waste and prevent its discharge into a sewer, septic tank,
waste water disposal system or other treatment device.
Examples of interceptors—
e neutralising interceptors for neutralising acidic and alkaline substances
e grease interceptors for collecting and solidifying fat, grease and similar matter
° oil interceptors for collecting oil and petroleum products
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° silt interceptors for collecting soil, sand, gravel and other sedimentary solids
interceptor waste means matter, other than recyclable interceptor waste,
intercepted by, and held in, an interceptor.
manufacturing process means a handicraft or other process relating to
adapting, altering, assembling, cleaning, finishing, making, ornamenting,
preparing, renovating, repairing, washing, or wrecking goods for trade, sale
or gain or otherwise in connection with a business.
occupier of premises means the person who has the control or management
of the premises.
owner of premises means the person for the time being entitled to receive
the rent for the premises or would be entitled to receive the rent for it if it
were let to a tenant at a rent.
premises includes domestic premises, government premises, industrial
premises and commercial premises.
prescribed ERA has the meaning given in the Environmental Protection
Act 1994.
prescribed person see section 9(1).
recyclable interceptor waste means matter that is, or is intended to be,
removed from a grease interceptor and taken elsewhere for processing into a
non-toxic, non-hazardous and usable substance for sale.
recyclable waste, means clean and inoffensive waste that is declared by the
local government to be recyclable waste for the area of the local
government.
Examples of waste that may be declared to be recyclable waste—
glass bottles, plastic containers, paper, cardboard, steel and aluminium cans, and green
waste
regulated waste has the meaning given in the Environmental Protection
Regulation 2008.
scheduled collection day see section 10(2).
serviced premises mcans—
(a) premises which are in an area designated by the local government
as an area in which the local government may conduct general
waste collection under—
(i) Waste Reduction and Recycling Regulation 2011, section 7;
or
(ii) section 5; and
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(b) premises for which the local government has required the owner or
occupier of the premises to arrange for removal of general waste
from the premises.
standard general waste container—
(a) means a container of a type approved by the local government for
storing domestic waste, commercial waste or recyclable waste at
premises in the local government’s area; and
(b) for the avoidance of doubt, includes 1 or more containers each of
which is approved by the local government for storing, at premises
in the local government’s area—
(i) 1 ormore or multiple types of commercial waste; or
(ii) 1 or more or multiple types of recyclable waste.
Example for paragraph (b)
The local government may approve | container for storing recyclable waste which is green
waste and | container for storing recyclable waste other than green waste.
waste, has the meaning given in the Environmental Protection Act 1994, and
includes any thing that is specified to be waste under a subordinate local
law.
waste container storage place see section 8(1).
waste facility—
(a) for part 2, means a facility for the recycling, reprocessing,
treatment, storage, incineration, conversion to energy or disposal of
waste; and
(b) for part 3, means a facility for the recycling, reprocessing,
treatment, storage, incineration, conversion to energy or disposal of
waste, but only if the local government is the lessee, occupier,
operator or owner of the facility.
This and the preceding 15 pages bearing my initials is a certified copy of Local Law No. 7
(Waste Management) 2017 made in accordance with the provisions of the Local Government
Act 2009 by Noosa Shire Council by resolution dated the day
of 2017:
Chief Executive Officer
654318 1
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3 COMMUNITY HEALTH AND WELLBEING PLAN
DOCUMENT INFORM AT ION
Author Coordinator Environmental Health, Geoff Atherfold
Community Services Department
Index ECM/Public Health
Attachments 1. Community Health and Wellbeing Plan Scoping Brief
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Coordinator Environmental Health to the Services &
Organisation Committee Meeting dated 6 March 2018 and
A. Approve the Community Health and Wellbeing Scoping Brief and the proposed Community
Health and Wellbeing Reference Group membership provided at Attachment 1 to the report;
and
B. Appoint Councillor _______________ as a member of the Community Health and Wellbeing
Reference Group.
REPORT
Background
The 2016 Noosa Social Strategy recommends the development of a Community Health Plan. This
plan will review Council’s current legislative health prevention role and assess opportunities and
options for Council to support the preventative health strategies and objectives of World Health
Organisation (WHO) and the Commonwealth and Queensland Health Departments.
The Plan will also identify the various roles key stakeholders (including Council) currently have
within the broad health sector, and how these key stakeholders can better work together to achieve
positive community health and wellbeing outcomes.
This process will include:
reviewing the Noosa Local Government Area (LGA) profile in terms of demographic, social
determinants and health status;
comparing Noosa LGA profile data with the State population profile data and identify;
reviewing government (state and federal) strategic directions and resourcing policies;
an audit of existing health services within the Shire;
a review of communicable and non-communicable (chronic) health data within the Shire;
identifying gaps, duplications or opportunities for partnerships in the health area;
identifying key elements of community wellbeing;
development of strategies that provide mechanisms that identify and respond to local public
health needs.
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Aim
The aim of this project is to:
develop a shared vision for the people of Noosa and other stakeholders to work together to
enhance community well-being and quality of life in Noosa.
develop a coordinated action plan with relevant stakeholders.
identify links between relevant Council strategic documents such as the Local Economic Plan,
Social Strategy and Noosa Sport and Active Recreational Plan etc.
define Council’s role in non-statutory public health management strategies in for example, health
promotion and education.
Indicative Project Milestones
Milestone Council’s preferred
completion date
1 Scoping Report to Council March 2018
2 Establish Reference Group April 2018
3 Reference Group Meetings April to July 2018
4 Draft Plan to Council for endorsement to go to consultation August 2018
5 Community Consultation September 2018
6 Finalise Plan October 2018
7 Final Report and adoption by Council November 2018
Proposed Reference Group
Councilor Representative TBC (Chair)
State Government
Public Health Unit TBC
Youth and Family Affairs TBC
Dept. Education TBC
Community Representatives
University Representative TBC
Mental Health Representative TBC
Primary Health Network Representative TBC
Community Reps. (restaurants of chambers of council reps.) TBC
Ex Officio
Director Community Services
Manager Waste & Environmental Health
Coordinator Environmental Health
Previous Council Consideration
N/A
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Finance
The development of this plan will be completed ‘in house’ by Community Services within the current
2017/18 budget.
Funding has been requested in the 2018/19 Council budget for consultation, publishing, printing
and other costs. If this request is unsuccessful the publication will be reduced to online only.
Risks & Opportunities
This plan is an important component of Council’s Social Strategy and provides an opportunity for
Council to develop strategies and policies that will enhance the Noosa community’s quality of life
and wellbeing.
Consultation
External Consultation - Community & Stakeholder
To date preliminary discussions about the development of the Plan have been held with:
Queensland Health Sunshine Coast Public Health Unit;
Sunshine Coast University; and
Public Health Network.
Internal Consultation
Director Community Services
Community Development Manager
Manager Waste & Environment
Environmental Health staff
Departments/Sections Consulted:
Chief Executive Officer X Community Services Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Attachment 1
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Attachment 1
fe) NOOSA COUNCIL
um
Community Health
and Wellbeing Plan Scope
CONTENTS
1
1.1
12
2
24
22
3
3.1 [audit of existing health services provided by Noosa Council
3.2 Linkages to other planning MOCHANISTUS sees
3.3
3.4. Priofity iSSUeS SelCCtiOM sl
3.5
4
5
6
1
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1 INTRODUCTION
1.1 Purpose
The 2016 Noosa Social Plan recommends Council develop a Community Health Plan (The Plan).
The Plan will review Council’s current legislative health prevention role and opportunities within
that gambit, and assess role options for Council in support of the World Health Organization
(WHO), National and State community health strategies.
The Plan will also identify the various roles key stakeholders (including Council) currently have
within the broad health sector, and how the key stakeholders (including Council) can work
together to achieve positive community health outcomes.
The Plan will:
e review the Noosa Local Government Area (LGA) profile in terms of demographic, social determinants
and health status
e compare Noosa LGA profile data with the State population profile data and identify
e review government (state and federal) strategic directions and resourcing policies,
e audit existing health services within the Shire,
e review communicable and non-communicable (chronic) health data within the Shire
e identify gaps, duplications or opportunities for partnerships
e provide a roadmap for the future development of the arts, culture and heritage in the Shire.
1.2 Scope
The plan will include:
e World Health Organization, National and State Health strategies
e Legislative obligations
e Current services
e Community initiatives
e Health services
e Current Council & State built environment health inputs, e.g. planning scheme, affordable
housing
e Infrastructure initiatives i.e. water and sewage, waste and transport initiatives
e Economic initiatives e.g. employment and business activity initiatives
Not included in the scope of this plan are:
e Activities addressed in other council plans such as the Noosa Local Economic Development
Plan, Social Strategy, Transport Strategy, and Sport and Recreation Plan
2
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2. AIMS AND OUTCOMES
2.1 Aim
The aim of this project is to:
e develop a shared vision for the people of Noosa and other stakeholders to work together to
enhance community well-being and quality of life in Noosa.
e develop a coordinated action plan with relevant stakeholders.
e help inform the other strategic documents such as the Transport Strategy and Noosa Planning
Scheme.
e identify links between relevant Council strategic documents such as the Local Economic Plan,
Social Strategy and Noosa Sport and Active Recreational Plan etc.
e define Council's role in non-statutory public health management strategies in for example, health
promotion and education.
2.2 Outcomes
The following will be the outcomes of the project: -
a. An inventory and gap analysis of existing health and wellbeing services provided by Noosa
Council, organisations in Noosa Shire and adjacent local government areas
b. An understanding of the regional, state and national health strategies and frameworks and how
they relate to the Noosa Shire
c. Areview and understanding of the population demographic and health data; both non communicable
and communicable disease data.
d. Definition of Council’s role in the protection and enhancement of public health-both statutory and
non-statutory.
e. Identification of key stakeholders and their current roles and linkages with Council.
f. Development of strategies that provide mechanisms that identify and respond to local public health
needs
g. Identification of how services can be better accessed by the community for their health needs
h. Development of strategies that identify the collaborative linkages with the business plans of other
agencies and the various levels of government.
i. Identification of public health improvement strategy opportunities
j. Identification of partnership opportunities with other government agencies and funding bodies
k. Policy recommendations presented in an action plan format
|. Evaluation framework including measurement, reporting and review
3
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3. COMPONENTS OF THE PLAN
3.1 Audit of existing health services provided by Noosa Council
Conduct an audit of all existing legislative and non-legislative services provided by the Council.
Include details of:
e Types and categories of services
e Levels of service-desired and actual
3.2 Linkages to other planning mechanisms
Review and consider the broader strategic directions of the federal, state, regional and local planning
mechanisms, including:
e The National Strategic Framework for Chronic Conditions
e The National Environmental Health Strategy
e Queensland’s Health — Health and Wellbeing Strategic Framework 2017-2026
e Noosa Council Planning Scheme
e Noosa Council Social Strategy
e Noosa Council Sport and Active Recreation Plan
3.3 Community health needs assessment
Drawing from the Noosa Shire Community Profile, the Public Health Network Health Needs
Assessment for the Sunshine Coast Region, and Queensland Government Statistician’s Office data
outline Noosa’s demographic trends and the potential impacts on community health trends.
3.4 Priority issues selection
Issues identification through the analysis of gathered information and Noosa community health
needs comparisons with State health profile data.
3.5 Recommended Strategies
Recommendations will be developed in an action plan format from the above information to inform
future resource allocation and delivery. It will also identify the role of Council and other key
stakeholders in:
e Support for the national and state health and wellbeing strategies
e Health promotion and education
e Partnership and collaboration opportunities
4
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4. 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 Sport & Active Recreation Plan.
e LGA profiles by Queensland Treasury
e Public Health Network Baseline Needs Assessment
e Queensland Health — Health & Wellbeing Strategic 2017 to 2026
e National Strategic Framework for Chronic Conditions
e Queensland Health — “My health, Queensland’s future: Advancing health 2026”
e Notifiable conditions and vaccination data for Noosa LGA
e World Health Organisation — Global Action Plan for the prevention and control of
noncommunicable diseases 2013-2020
5. DELIVERABLES & MILESTONES
The required deliverables and milestones are shown in Table 3
Table 3: Indicative Project Milestones and Key Dates
Milestone Council's preferred
completion date
Scoping Report to Council March 2018
Establish Reference Group April 2018
Reference Group Meetings April to July 2018
Draft Plan to Council for endorsement to go to consultation August 2018
Community Consultation September 2018
ro Finalise Plan October 2018
Final Report and adoption by Council November 2018
5
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6. PROJECT MANAGEMENT AND ADMINISTRATION
The development of the Noosa Council Community Health and Wellbeing Plan will be progressed
through a Community Health and Wellbeing 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 prioritisation 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 community health and wellbeing issues
The recommended membership of the Reference Group is as follows:
Councilor Representative TBD (Chair)
State Government
e Public Health Unit TBC
e Youth and Family Affairs TBC
e Dept. Education TBC
Community Representatives
e University Representative TBC
e Mental Health Representative TBC
e Primary Health Network Representative TBC
e Community Reps. (restaurants of chambers of council reps.) TBC
Ex Officio
e Director Community Services
e Manager Waste & Environmental Health
e Coordinator Environmental Health
Project Support and Administration TBC
6
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4 1718T058 NOOSAVILLE LIBRARY REFURBISHMENT DESIGN & CONSTRUCT
Author Project Officer, Paul Brennan
Infrastructure Services Department
Index ECM\Projects (T1)\ Noosaville Library, Refurbishment Planning -
CAP.WORK – 500651
ECM\Subject\Contracting\Tenders
ECM\Subject\Contracts \ Projects
Attachments 1. Noosaville Library Refurbishment – Design & Construct Tender
Assessment
EXECUTIVE SUMMARY
Not Applicable.
RECOMMENDATION
That Council note the report by the Project Officer to the Services & Organisation Committee
Meeting dated 6 March 2018 and award tender 1718T058 for the Design & Construction of the
Noosaville Library Refurbishment to arete Australia, a division of Kane Constructions, for the lump
sum price of $1,634,586 (excluding GST).
REPORT
This project involves the completion of final design and construction of works associated with the
refurbishment of the Noosaville Library, located off Wallace Drive, Noosaville. It is proposed that
finalisation of the design will commence in March 2018 with construction commencing from April
2018, and completion scheduled for October 2018. During the construction period the library
building will be closed to the public. Temporary library services will be offered throughout this time
from the adjacent Leisure Centre and via a temporary ‘shopfront’ at Noosa Civic.
A number of separate activities that do not form part of this tender are included in the overall
refurbishment project budget – refer to Finance section for further discussion.
1. Design
Concept designs for the refurbishment were developed and presented to a Council workshop in
July 2017. The refurbishment is based on a needs analysis carried out in 2016 and will improve
functionality and comfort levels of existing spaces for staff and patrons, as well as providing
additional new areas. The new rooms include a large meeting room, a maker’s-space and a
dedicated local studies area. An expanded outdoor area is also incorporated and the general office
area for staff will be reconfigured to improve the layout. Feature joinery and special acoustic ceiling
panels will be a highlight in the main library floor area. There will be a major upgrade to the air-
conditioning system and the installation of new, energy-saving lighting fixtures throughout.
2. Tender Process
Due to the value of the works being greater than $200,000, Council called a public tender for the
design completion and construction works through the LG Tender Box system in accordance with
the Local Government Act 2009. An open invitation to tender was released via LG Tender Box on
24 November 2017 with advertising in both the Noosa News and Sunshine Coast Daily on 25
November 2017. The tender closed on 11 January 2018. Two (2) conforming tenders were
received.
3. Tender Assessment
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Section 36
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
The tender evaluation panel undertook an assessment of the tender submissions from the following
respondents, which are listed in alphabetical order:
1) arete Australia, a division of Kane Constructions;
2) Midson Construction (Qld) Pty Ltd t/as Midson Construction.
The tenders were evaluated using the following criteria:
Capability and resourcing;
Contract experience and track record;
Timeline and methodology;
Quality;
Health and safety;
Environment and sustainability;
Contribution to local economy; and
Price.
The two tender prices submitted were $1,649,850.00 (arete) and $1,833,706.05 (Midson),
excluding GST. Midson also offered a reduced, alternative price of $1,733,446.05 based on an
alternative scope to select elements. However, the panel assessed this as unacceptable as it
unreasonably compromised a number of key design outcomes required from the project.
The tender evaluation team has finalised tender evaluations and further clarifications with arete
Australia and considers that tender to be the most advantageous to Council, and presents the best
value for money.
The tender submission from arete Australia is favourable as they have significant previous
experience with construction of similar projects, a strong track record, they are highly capable, and
have the necessary resources to meet Council’s program to complete these works by October
2018.
4. Programme & Next Steps
Pending Council approval, arete Australia propose to complete design activities and construct the
project, inclusive of wet weather allowances, within 26 weeks. There is a targeted commencement
of works at the beginning of April 2018 and practical completion to be achieved before the end of
September 2018, in time for Council to begin re-commissioning the library. The programme is
based on staging the construction works so that all activities are completed prior to the summer
holiday period.
5. Construction Management and Inspections
Under the design-and-construct delivery model, Council will maintain the overall Project
Management role. This will be supported by an externally appointed superintendent. Specialist
architectural and engineering consultants, appointed by the contractor and overseen by Council,
will progressively inspect the works in order to ensure project objectives are met.
Finance
Council has allocated a budget of $1.1 million (excluding GST) in the current capital budget to allow
commencement of construction and other project-related activities, with the balance for project
completion included in the 2018/19 year of the draft 5-year capital program. The overall project
refurbishment budget is inclusive of a number of other separate activities that do not form part of
this tender, including: procurement and installation of RFID technology, purchase of select loose
furniture, and temporary library relocation activities.
In addition, Queensland Government Grant-funding of $805,954.20 was made available for certain
eligible items in September 2017 for the purposes of construction. This funding is 60% of the total
construction cost and was based on a preliminary estimate made by Council at the time and prior
to design finalisation and construction tendering of $1.34 million.
Page 36 of 79
Section 37
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Following tendering, the budget to complete the detailed design and undertake the construction
elements of the refurbishment works at the Noosaville Library is now confirmed as follows:
Item Cost
Project Costs to Date (incl. development of concept designs) $48,884
Tendered Contract Value (design and construct) $1,634,586
Project Management $45,000
Engineering consultants (ICT, Electrical, Mechanical) $incl.*
QLeave (on $1.63M) $7,764
Contingency (5% of construction) $81,729
Total $1,817,963
* included in contractor’s price as part of the D+C scope.
The total project cost is now estimated at $2.54 million. Council’s funding component, after
allowing for grant funding, is now estimated at $1.73 million. The breakdown is as follows:
Item Project Total – Preliminary Project Total –
estimate prior to tender Updated estimate
after tender
Sept 2017 Feb 2018
Detailed Design & Construction $1,343,257 $1,634,586
Project Management Incl. in above $45,000
Contingency Incl. in above $81,729
Temporary Library Relocation Incl. in above $100,000
Concept Design development $60,000 $48,884
Q Leave & other statutory fees $14,400 $7,764
RFID Technology $391,436 $391,436
Fitments, Loose Furniture & Fixtures $226,545 $226,545
Total $2,035,638 $2,535,944
Risks & Opportunities
Finance risks include:
Client request for scope changes. This will be mitigated through Project Control Group
management and limitation of client-requested scope variations.
Latent conditions. Most often characterised as a geotechnical risk, previous investigations
have mitigated much of this risk. As the majority of refurbishment is to occur on an existing
structure that has been carefully assessed through access to good historical information (for
example, the original design drawings), latent conditions are considered a minor risk for this
project only.
Variation risks. This has been partly mitigated through the lump sum construction
procurement method with further mitigation through post-tender clarifications, tying arete
Australia firmly into the scope of works.
Contingency amount being insufficient. This risk may be mitigated through the adoption of
saving options negotiated with arete Australia. The risk profile for the nature of the
construction for this project has also informed an appropriate allocation of contingency level.
Increase in temporary library accommodation costs due to extension of construction
timeframe. The programme that has been nominated for both construction and for the
temporary library service includes a level of allocation for delay (or ‘schedule float’) to account
for reasonable extensions of time for this type of project. The programme will be carefully
monitored to ensure temporary library costs are kept within budget and are not compromised.
Time risks include:
Wet-weather delays. Construction during the typically dry season aims to mitigate this. Some
wet-weather day allocations have been built into the programme. The majority of construction
Page 37 of 79
Section 38
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
activities, however, will occur under roof cover so wet-weather delays are not considered
high risk for this project.
Delays in obtaining final approvals. These have been built into the construction programme.
Delays from complex activities such as mechanical plant replacement. This has been
mitigated through previous investigations of similar scope of works and industry-advised
timeframes for this type of activity being built into the programme.
Delays in completing design activities, which in turn delay construction. Council intend to
continue to use the original architectural designers on the project, to minimise potential for
time delays and remove a ‘doubling-up’ of the design process as a consequence of starting
over with a new architect.
Safety Risks;
arete Australia will be appointed as the Principal Contractor and responsible for Workplace
Health and Safety of the construction site. Prior to construction commencing, workplace
health and safety and pedestrian and traffic management plans will be required to be
submitted to Council for approval. Council will undertake regular audits on contractor
compliance with these approved plans throughout construction.
Council staff. Only licensed and accredited subcontractors will be used for this activity, and
a safety management plan will be submitted for approval by them prior to commencement of
this activity.
Scope & Quality Risk;
The risk of meeting project objectives will be managed through Council staff reviews
supported by specialist consultants who developed the technical and performance
specifications.
Resource Risk;
arete Australia have nominated a highly capable team for this project limiting the resourcing
risks to this project. The addition of external superintendent and architectural/engineering
consultants, mitigates the resourcing risk from Council.
External Consultation - Community & Stakeholder
Consultation for this project has been undertaken by library staff and overseen by Council’s
Libraries and Galleries Manager. Public displays of the proposed design, including a video fly-
through and a tentative library shut-down and construction schedule, have been made available to
the public via the Noosa Council website, along with a pop-up display at the library itself. A Project
News is also available on the Noosa Council website which is periodically updated.
Internal Consultation
Chief Executive Officer (via Capital Works Executive), Community Services (Community Facilities,
Libraries and Galleries) – internally they are the client; Corporate Services (Financial Services,
Procurement), Infrastructure Services (IPDD, Assets, B&F); Environmental & Sustainable
Development (Environmental Services), Executive Services (Community Engagement) Teams.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
X Executive Officer Community Development X Financial Services
Executive Support X Community Facilities ICT
X Libraries & Galleries X Procurement & Fleet
Local Laws Property
Page 38 of 79
Section 39
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
X Community Engagement Building & Plumbing Services X Asset Management
Customer Service Development Assessment X Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture X Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
Page 39 of 79
Section 40
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
Page 40 of 79
Final Evaluation Attachment 1
NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation
| cemmrect ries onucion
a on
a
,_ |NAME OF TENDERER
(Conforming Tenders Only)
|_1 Jane Constructions Pty Ltd t/asarete Australia
|_2 [Midson Construction (Altemative)
[3 [Midson Construction
a
St
6
Tt
BT
Sp
a
Mt
ae
Bf
NON-CONFORMING TENDERS
——————
1 2 3 4 Ss 6 7 8
PART A - Non price elements Pty itd t/as arete ternative}
Resultant
score x
phting i ghting phe = ghting -
fomermencmy | we [es | um [ms | ow] os [ow] © [ew | « [om] o few] « [om] » [om |
pemeonamamecney | ss |» femfesfe|= [ate lem[=[m[-fw[=|=] [=|
fous Lm | sme | too | soo | soo | som | io fom | io | om | io | om | io | om] o | om |
omen pf fet pom [mlm fe fm fe fm] [mle fmt po
omnes | = [ws] m~fesffest~{elem[el]-fm [elm] >[=|
fommmenwemn | = [ostom [mom |mtm{elem}el[m]>fm[«lm] [=|
Cc a OO
Pf
Kane Constructions Midson Constructio
| Pare pceetemene | Nomyundvasrete | (aternaiey | Misonconsrweton | PTT
PARTB - P’ Ltd t/as erm Midson Construction
otal Fees (Pc) $1,634,586 $1,728,646 $1,828,906 $o so
erage Fees (Pav) $....-.--cecc-nessesseree
Price Score 106 100 94 o 0
Normalised Price Score (Pn) 100 95 89 ° 0
Weighted Price Score (Pw) 50.00 47.43 44.68
Tale operant Cy
The Contract Administrator confirms the above scores
and weightings of this evaluation
Contract Administrator's signature:
| Assesment PaneiMembers | Health &SafetyRep(PR)
| Assesment PanelMemberS |_Consulting Procurement & Contracts Adviser (AH) |
[| Assesment PaneiMembers |Section 41
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
5 1718T081 - CONSTRUCTION OF MAIN BEACH BOARDWALK UPGRADE
OCUMENT INFORM AT ION
Author Project Coordinator, Jaro Bauleka
Planning & Infrastructure Department
Index ECM\ Projects (T1) \ Main Beach Boardwalk Upgrade - CAP.WORK –
500672
ECM\Subject\Contracting\Tenders
ECM\Subject\Contracts\Projects
Attachments 1. Main Beach Boardwalk Upgrade Tender Assessment
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Project Coordinator to the Services and Organisation
Committee Meeting dated 6 March 2018 and award tender 1718T081 for Construction of Main
Beach Boardwalk Upgrade to Ri-con Contractors Pty Ltd for the lump sum price of $444,227
(excluding GST).
REPORT
This project is for the upgrade of a section of the Main Beach boardwalk between the Noosa Heads
Surf Lifesavers Club and Park Road. The existing boardwalk will be upgraded from an existing
width of 2m to 4m and achieve compliance with the Disability Discrimination Act (DDA) by providing
an accessible boardwalk for all users. Construction is scheduled for commencement in late May
2018 and completion in early August 2018.
1. Tender Process
Council called a public tender for the construction works through the LG Tender Box on the 23
November 2017, with advertising in both the Noosa News (24 November 2017) and Sunshine
Coast Daily (25 November 2017). The tender closed on the 12 January 2018 with four (4)
conforming tenders received.
2. Tender Evaluation
The tender evaluation panel undertook an assessment of the tender submissions from the following
respondents (listed in alphabetical order):
Anatolia Constructions Pty Ltd;
Build 4 U Quality Constructions;
PJ McCarthy; and
Ri-con Contractors Pty Ltd
The tenders were evaluated using the following criteria:
Capability and resourcing;
Contract experience and capacity;
Methodology;
Quality;
Page 41 of 79
Section 42
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Health and safety;
Environment and sustainability;
Contribution to local economy; and
Price.
The submitted tendered price from Ri-con Contractors Pty Ltd at $444,227 excluding GST
represents a competitive price, together with their demonstrated ability to meet the non-price
criteria of the tender. Ri-con Contractors Pty Ltd demonstrated previous experience with
construction of similar projects, and they are a local Noosa business. In addition, they have the
necessary resources to meet Council’s contractual timeframes for practical completion.
The tender evaluation team considers this total tender submission to be the most advantageous to
Council and presents the best value for the limited amount of public funding.
3. Programme & Next Steps
Pending Council approval, Ri-con Contractors Pty Ltd propose to construct the project within the
contractual timeframes which is between the 21 May 2018 and 3 August 2018. This window of
construction was stipulated by Council for two reasons:
A. To minimise disruption to the patrons of Netanya Noosa Resort by undertaking the works
during their planned renovation; and
B. To avoid the Noosa Food and Wine Festival event which ends on the 20 May 2018.
4. Construction Management & Inspections
Under the construct only delivery model, Council will maintain the overall project management role.
This will be supported by an externally appointed superintendent and specialist architectural and
engineering consultants to administer the contract and progressively inspect the works, ensuring
project deliverables are met.
Previous Council Consideration
Nil.
Finance
Council has allocated a total of $700,000 for this project with $500,000 allocated in the current
2017/2018 capital works budget. The total budget to construct the Main Beach boardwalk upgrade
is sufficient to complete the project as outlined below:
Item Cost
Costs to Date (up to January 2018) $ 69,236.00
Tendered Contract Value $ 444,227.00
Superintendent $ 11,050.00
Engineering Consultants $ 1,500.00
QLeave (on $444,227) $ 2,110.08
Sub-total $ 528,123.08
Contingency $ 70,000.00
Total $ 598,123.08
Project Budget $ 700,000.00
Page 42 of 79
Section 43
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Risks & Opportunities
Financial risks
Client request for scope changes. This will be mitigated through project management and
limitation of client requested scope variations.
Latent conditions. Typically related to utility services, previous investigations and survey
have mitigated much of this risk.
Variation risks. This has been mitigated through the lump sum construction procurement
method with further investigation through post-tender close clarifications, committing Ri-con
Contractors Pty Ltd firmly to the scope of works.
Customer dissatisfaction leading to lost revenue. This has been mitigated through community
consultation with the directly impacted businesses and event contacts. The construction
schedule for this contract has been purposefully selected to minimise the disruption to
patrons and the public. The works are scheduled to occur after the Noosa Food and Wine
Festival and to coincide with the planned refurbishment of the Netanya Noosa Resort.
After the close of tenders, Council was informed that the resort had elected not to proceed
with the refurbishment in 2018, postponing the refurbishment for 2019. Council officers have
consulted with the resort regarding the loss of direct beach access for a short period during
the boardwalk upgrade. The resort has alternative access to the beach via Hastings Street.
Time risks
Wet weather delays. The timing for construction mitigates these risks by working during the
typically drier months of the year.
Safety risks
Ri-con Contractors Pty Ltd will be appointed as the Principal Contractor and responsible for
the Workplace Health and Safety (WHS) of the construction site. Prior to construction
commencing, WHS, traffic and pedestrian management plans are required to be submitted
to Council for approval. Council will undertake regular audits on contractor compliance with
these approved plans throughout construction.
Scope & Quality risks
The risk of meeting project objectives will be managed via Council staff reviews supported
by specialist consultants who developed the performance specifications.
Resourcing risks & opportunities
Ri-con Contractors Pty Ltd have nominated a highly capable team for this project limiting the
resource risks for this project. Council have engaged an external superintendent and
engineering consultants to further mitigate any risk.
Concurrent works. Ri-con Contractors Pty Ltd have noted in their tender submission that they
have been engaged by the Noosa Heads Surf Lifesavers Club for internal refurbishment of
the building facilities. The timing of these works is from the 26 February 2018 to 30 August
2018. The tender evaluation team have considered this to be an opportunity in the tender
submission, as relevant works staff and subcontractors will already be mobilised and working
in close proximity.
Page 43 of 79
Section 44
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Consultation
External Consultation - Community & Stakeholder
Consultation for this project has been undertaken with the directly impacted businesses, notably
Netanya Noosa resort and Sails restaurant. Consultation has also occurred with Tourism Noosa
with regards to the project’s timing and the Noosa Food and Wine Festival. A Project News and
media release will be made available, pending Council approval.
Internal Consultation
Corporate Services (Property, Procurement)
Infrastructure Services
Environmental & Sustainable Development.
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
Executive Officer Community Development X Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning X Infrastructure Planning,
Design and Delivery
Page 44 of 79
Section 45
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
Page 45 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Final Evaluation Attachment 1
NOOSA SHIRE COUNCIL Weighted Attribute Evaluation Spreadsheet - Final Evaluation
[Gonmaie: —_Yromonomcntowdvas |
pce
(Conforming Tenders Only) (excl of GST)
1
2
3
4 [RiCon Contractors Ptyttd $884,227)
[ee ee)
;
7 [Te Ss a ee cage
8 [Cia Ree Siok Sees 1 ne
ya a ee | fa |
10 [eee es Sa Se ee ee)
NON-CONFORMING TENDERS
somoarraneowcne | tse | | om | os | sx | wm | om | m | rom | 0 | om | 0 | om | o | om | o | om] o | om | o | om |
fontacrtpeeneencancry | asx | so | so | | soso | wo | om | es | sas | o | om | o | om | o | om | o | om] o | om | o | om |
fweodoos | tm | ws | as [ts | vo [ss | so | wes | os | io | om | io | om [ o | om] o | om | o | om | 0 | om |
funy | mw | sm | | amo | | smo | oo | am | oo | om | o [om] o | om | o | om] o | om | o | om |
femmasaey | | | am [ms | sae | mo | ao | oo [om | io | om | o | om] o | om | o | om] o | om | o | om |
emronmencasunananiry |e | | sm | | zo | wm | so | so [2m | o | om | > [ om] o | om | o | om] o | om | o | om |
fowmanvicaonm | |» | oo | as [oo || sm | os[em| o [om | o [om | o [om] o | ow |e | om |e | om |
Ce
ae i 1 | | 7
Total Fees (Pc) $671,800 $747,227 $580,110 $444,227
Average Fees (Pav) $.....csesseessseeneenne
Price Score 90 78 105 127
Normalised Price Score (Pn) 71 61 83 100
Weighted Price Score (Pw) | : a cape inst
a = Ct: 7 1. | «4
| __Contract Administrator & Assesment Panel Member2 | Jaro Bauleka and weightings of this evaluation ee
[Assesment PanelMember2 | Callas Bickley
[Contract Administrator's signature: | aro Bauleka
LS Seve es
EEE aS
Page 45 of 79Section 46
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
6 POLICY - UTILITY SERVICES THROUGH PUBLIC LAND TO SERVICE JETTIES &
OTHER FACILITIES
DOCUMENT INFORM AT ION
Author Civil Operations Manager, Allan Hull
Infrastructure Services Department
Index ECM/ Subject / 27.48 Council Policies
Attachments 1. Utility Services through Public Land to Service Jetties & Other
Facilities Policy
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Civil Operations Manager to the Services & Organisation
Committee Meeting dated 6 March 2018 and adopt the Utility Services through Public Land to
Service Jetties & Other Facilities Policy as attached to the report.
REPORT
There are instances where jetties and other marine based facilities that adjoin Council controlled
public land such as along the Noosa River foreshore have, or seek to have, connections to utilities
such as reticulated water, sewer and electricity.
The issues for Council include:
1. Where there is no lease or permit to occupy under the State Land Act 1994, the utility
providers link the billing to the adjoining Council property. Council then has no legal basis
for recovery of the charges and incurs administrative costs in identifying and attempting to
recover the charges.
2. Where there is no registered title, there is no means for Council to know the identity of the
lawful owner or when changes of ownership occur, putting at risk its ability to recover charges
owing.
3. The risk associated with damage, loss or injury to a person or property rests with Council as
technically, the property service line is owned by Council as it is within Council controlled
land.
The established practice of utility providers is that they will only locate the property service
connection point and service meter in road reserve (although there are historical exceptions). This
means that where a jetty or other facility abuts public land other than road reserve, the property
service line must traverse Council-controlled State Land.
Utility service providers also require that a property service connection/meter be linked to a
registered property for billing purposes i.e. a lot/plan registered with the Titles Office which provides
legal details of ownership (or lessee) and tenure arrangements. This approach is necessary to
provide a legal basis for their charging of costs and in the case of water and sewerage services to
ensure they are notified when there is a change of ownership.
Commercial jetties operate under a lease from the State to occupy Crown Land and the
arrangement is registered with the Titles Office resulting in a registered property description and
details of the lessee and form of tenure. In those cases, billing for utilities is direct to the
leaseholder.
Page 46 of 79
Section 47
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
However, very few of the private jetties along the Noosa River have a registered title through a
permit to occupy or similar tenure arrangement under the State Land Act 1994. This is an historical
anomaly but it has not been an issue in the past as private jetty owners have not had or sought to
have services like water and electricity provided. The result is that the service is linked to the
Council property and billing is sent to Council. Council incurs administrative costs to on-charge
the jetty owner, has no legal basis to recover any costs, and is unable to verify ownership or any
change of ownership of the jetty.
State Land is set aside for the benefit of the community. The provision of utility services through
State Land is secondary use of that Land. State Planning Policy “Secondary Use of Trust Land
under the Land Act” allows “essential” utility infrastructure, provided it does not diminish the
purpose and amenity of the trust land. This usually requires a lease or formal arrangement such
an easement being put in place. State policy is that such easements are only provided for utility
providers (not the consumer). In any event, it would not be practical to have 20 or more easements
created over the various separate titles covering Noosaville foreshore. Therefore, Council needs
to determine an approach for dealing with applications and for ensuring the risks to its ratepayers
and the broader community are minimised as much as possible.
The purpose of the proposed policy provided at Attachment 1 is to set out process for dealing with
existing and proposed utility services through Council controlled land.
Previous Council Consideration
Nil.
Finance
Administrative costs are currently incurred to recover charges for one private jetty where a water
connection has been provided.
Provision of utility services also increases the risk of private jetties being used for unapproved
commercial activity such as renting berthing places.
Risks & Opportunities
The risks to Council are predominately financial losses if unable to recover charges. There is also
a real financial loss due to the inability to recover administrative costs for on-charging.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Departments/Sections Consulted:
Chief Executive Officer Community Services Corporate Services
X Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development X Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development X Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 47 of 79
Section 48
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
Page 48 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
| ) | NOOSA Council Policy
ms mKeoees UTILITY SERVICES THROUGH
PUBLIC LAND TO SERVICE
Corporate Plan Reference: Long term planning for Noosa Shire
Endorsed by Council: <Insert Date of Ordinary Meeting >
Policy Author: Allan Hull, Civil Operations Manager
POLICY BACKGROUND y
There are instances where jetties and other marine based facilities that adjoin Council controlled
public land such as along the Noosa River foreshore’ have, or seek to have, connections to utilities
such as reticulated water, sewer and electricity.
The issues for Council include:
1. Where there is no lease or pefmit,to occupy under the State Land Act 1994, the utility
providers link the billing to the adjoining»Council property, Council then has no legal basis
for recovery of the charges and incurs administrative costs,in identifying and attempting to
recover the charges.
2. Where there is no registered title, there is no*means for Council to know the identity of the
lawful owner or whefh changes of ownership’ occur putting at risk its ability to recover charges
owing. ,
3. The risk associated with damage, loss or injury to a person or property rests with Council as
technically the property service line is owned by Council as it is within Council controlled land.
State Land is set aside for the benefit of the community. The provision of utility services through
State Land is secondary use of that Land. State Planning Policy “Secondary Use of Trust Land under
the Land Act” allows “essential” utility infrastructure provided it does not diminish the purpose and
amenity of the trust land. This usually requires a lease or formal arrangement such an easement
being put in place. State policy is that such easements are only provided for utility providers (not the
consumer). In any event it would not be practical to have 20 or more easements created over the
various separate titles covering Noosaville foreshore.
Having regard to the above it is recognised that:
a) There are historical Service connections to privately owned commercial jetties.
b) Commercial jetties have a lease from the State that results in a registered title permitting
billing direct to the lessee.
c) Commercial jetties have a legitimate need for service connections in order to conduct the
approved commercial operation.
d) State and Council policy is that no more commercial jetties will be approved along the Noosa
River thereby limiting the number of service connections through Council controlled land to
the existing arrangements.
e) No apparent warrant is evident that would justify the use of public land to provide utility
service connections to private jetties where any commercial activity whatsoever is expressly
not allowed. Provision of services also increases the risk of unapproved commercial activity
such as renting berthing places to occur.
Page 1
Page 48 of 79Section 49
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 49 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
COUNCIL POLICY - <INSERT POLICY TITLE>
The purpose of this policy is to set out an approach for dealing with existing arrangements and new
requests for proposed utility services through Council controlled land.
COUNCIL POLICY
Commercial jetties under State lease
In these cases Council will:
1. Provide a property note on the property & rating system to alert prospective purchasers to
their responsibilities in relation to the service line through Council controlled land.
2. Seek to obtain indemnity from existing lease holders in rel ‘© maintenance and liability
aspects of the service.
3. Identify the location of all existing services and pr e the ation on its mapping
system to reduce the risk of services being dai due to actio Council employees
or others.
Private jetties (with or without a lease or per: occupy)
Council will not permit any new utility services through ci olled land to service a jetty where
the use is for private purposes only as:
a) There is no apparent warrant for § Ic ices when t' mitted use is for private purposes
and no commercial activity whatsoeve
b) There is no apparent benefit to the ‘con y blic | be utilised for this purpose
to benefit a private enti
c) And if there is no O mit to occ the jetty area the account is linked to council
property resultin costs and tisks associated with recovery of charges.
For arrangements putin place p to adopt of this policy Council will grandfather the
arrangements while the jetty ren ©. same ownership subject to:
i. provie written agreement to responsibility for the maintenance of the
property ectio and to reimburse Council for all costs associated with billing from
the utility pro :
ii. The owner is to asu e Form of Indemnity in relation to any actions, loss, damage
expenses arising out of orin any way connected with the approval to allow the property
nection line through Council land.
iii. T ner is to use best endeavours to obtain a permit to occupy from the State over the
immediate area e jetty and the arrangement to be registered with the Titles Office. If
this has b achieved within 2 years from date of notification by Council, or for any
further pe time as agreed by Council based on evidence that the matter is well
advanced, the service will be disconnected.
iv. On receipt of the permit to occupy, the owner is to notify utility provider/s of the change
in order for billing to be made direct to the jetty owner.
V. A note will be placed on Council’s property system to indicate that the water service will
be disconnected upon sale of the property.
DEFINITIONS
_ Property service connection point + ~—|—‘ Means the point where the property service line and _
| meter connects to the reticulation main |
Page 2
Page 49 of 79Section 50
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 50 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
COUNCIL POLICY - <INSERT POLICY TITLE>
Property service line = ==~~—~—~—_ Means the connection between the property and the |
| | service connection point and meter |
|
| State _ Means the government of the State of Queensland —
Po
ROLES AND RESPONSIBILITIES
Infrastructure Services — Civil Operations Branch (Parks & Gardens team)
RELEVANT LEGISLATION
Queensland State Land Act 1994
State Land Use Operational Policy — Secondary Use of Trust L r the Land Act
(PUX/901/209 SLM/2013/493)
Version control:
Version Reason/ Trigger Change ( Endors' ewed by D
1.0 Eg. Create new DD/MM/YYY
Eg. Review ‘
Page 3
Page 50 of 79Section 51
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
7 NOOSA MAIN BEACH EVENTS POLICY
DOCUMENT INFORM AT ION
Author Property Manager, Clint Irwin
Corporate Services Department
Index ECM/ 34.6 Licences/Permits/Registrations
Attachments 1. Noosa Main Beach Events Policy
2. 2017 Noosa Main Beach Events Listing
3. Noosa Main Beach Policy - Tourism Noosa Feedback
4. Noosa Main Beach Policy - Hastings Street Association Feedback
EXECUTIVE SUMMARY
Noosa Main Beach is a favourite recreation area for the local community and visitors, and features
heavily in promotions as a holiday destination. Noosa Main Beach has always been a popular
events venue, notably for water and beach related activities, however, in recent years the
attractiveness of the beach as an event venue has increased. The increase in popularity is primarily
due to two main factors. Firstly, event tourism was encouraged to inject money into the Noosa
economy outside the main holiday periods and secondly, the spectacular setting of Noosa Main
Beach and its iconic status provides significant value adding with more event organisers looking to
add a beach component to their event.
There has been recent public commentary regarding the deleterious and beneficial impacts of
events. While opinions vary, it is evident from stakeholders within the tourism industry and the
community that a sustainable approach to events is required to ensure that the Noosa Brand
remains discernible from other markets and Noosa Main Beach remains an attractive and available
destination for the local community and visitors.
The Noosa Main Beach Events Policy provides a framework to guide the use of Noosa Main Beach
for events. The Policy responds to the increasing pressure being placed on Noosa Main Beach by:
Guiding Council’s approach to event applications to ensure community access to the beach
is not unreasonably diminished and that Noosa’s relaxation capital of Australia reputation is
maintained.
Ensuring that an appropriate number of events are allowed each year that provide economic
and social benefits to the local community wherever possible.
Ensuring that events enhance and contribute to the Noosa Brand.
Clearly articulating that the beach is a dynamic environment and cannot be relied upon to
provide a consistent event-to-event experience in terms of both potential beach erosion and
variable ocean conditions.
Achieving a sustainable tourism sector as well as ensuring that our lifestyle and the
environment are preserved.
RECOMMENDATION
That Council note the report by the Property Manager to the Services & Organisation Committee
Meeting dated 6 March 2018 and adopt the Noosa Main Beach Events Policy provided as
Attachment 1 to the Report.
Page 51 of 79
Section 52
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
REPORT
Community land is predominantly State land where Council is trustee. It belongs to the whole
community and is generally freely accessible. The main purpose of community land is to enhance
wellbeing and liveability by providing space for recreational and social activities and essential
infrastructure.
Noosa Main Beach is arguably the most popular recreation space in the Noosa Shire. With its
superb view of Laguna Bay framed by Noosa National Park, and its proximity to the Hastings Street
shopping and dining precinct, the beach enjoys iconic status. Noosa Main Beach is generally a
safe, sheltered family beach protected from prevailing south-easterly winds. The beach features
heavily on promotional material for Noosa as a holiday destination.
Given its popularity and northerly aspect, Noosa Main Beach has for many years, been an ideal
location for beach and surf related activities, including surf lifesaving carnivals, surfing and open
water swimming events. However, over the last 10-15 years the number, scale and frequency of
events on Noosa Main Beach has increased largely because:
1. Growing event tourism was part of a deliberate strategy promoted by tourism and business
sectors and supported by Council to stimulate the Noosa economy as it historically suffered
a downturn outside the main holiday periods; and
2. From the perspective of event organisers, the attractiveness of an event on Noosa Main
Beach is unparalleled with spectacular views of Laguna Bay combined with the beach's
iconic status. These factors provide significant value-adding to events which has become
increasingly evident in recent years with more event organisers seeking to add a beach
component to their event.
Over recent years, due to comparatively long periods of stable weather, Noosa Main Beach has
provided the ideal location for the staging of events, with severe weather incidences and erosion
not affecting Noosa Main Beach or events in any significant way. However, it is likely that Noosa
Main Beach in the future will be affected by severe weather events and large swells generated by
weather systems. These systems can abruptly remove sand from the beach altering the beach’s
profile. Significant erosion is an issue particularly for events requiring major static infrastructure
because of the potential impact on event footprints, operations and patronage. Although a sand
pumping facility is located at Noosa Spit this is a remedial operation which cannot replenish sand
rapidly. Similarly, ocean conditions are variable depending on the weather, wind direction and
uncontrollable marine phenomena such as algae, seaweed and jellyfish.
While there are no direct means of measuring the value to the local economy of events, there is
anecdotal evidence they provide a boost to the local economy and jobs for local residents.
However, recent media commentary asking “how much is enough?” raised concerns with the
impact of events on Noosa Main Beach, including:
Equitable community access;
Diminishing amenity;
Traffic congestion;
Road and carpark closures;
Infrastructure set up and removal periods (in addition to the event period) required for each
event; and
Visitors seeking a tranquil holiday experience in a destination that Tourism Noosa markets
as "the relaxation capital of Australia".
While opinions vary regarding event impacts, there is widespread agreement from all stakeholders
including the community and business/tourism sectors that a considered approach to events on
Noosa Main Beach is necessary to retain Noosa’s attributes, maintain our lifestyle, protect the
environment and support a strong tourism product.
Page 52 of 79
Section 53
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Noosa Main Beach Events Policy
There is a current lack of policy direction regarding the number, scale and frequency of events
occurring on Noosa Main Beach. The Noosa Main Beach Events Policy responds to the increasing
pressures being placed on Noosa Main Beach by:
Guiding Council’s approach to event applications to ensure community access to the beach
is not unreasonably diminished and that Noosa’s relaxation capital of Australia reputation is
maintained.
Ensuring that an appropriate number of events are allowed each year that provide economic
and social benefits to the local community wherever possible.
Ensuring that events enhance and contribute to the Noosa Brand.
Clearly articulating that the beach is a dynamic environment and cannot be relied upon to
provide a consistent event-to-event experience in terms of both potential beach erosion and
variable ocean conditions.
Achieving a sustainable tourism sector as well as ensuring that our lifestyle and the
environment are preserved.
The main provisions of the proposed policy are:
The community’s day-to-day use of the land and water will generally take precedence over
events.
Events that require the beach or the water as the core element of event activities (e.g. surf
carnivals, events involving swimming or surfing etc.) will be given precedence over events
that could be staged elsewhere (e.g. musical performance events, food festivals, film
screenings etc).
Events that are locally owned and operated are preferred over events run by operators based
outside the Shire.
Corporate Events seeking use of the beach may only occur at Noosa Main Beach West
(between the middle rock wall and the river mouth).
Council will not support events that do not add value to the Noosa brand.
Tourism Noosa will assess tourism event grant funding applications prior to Council
consideration of any permit application, however the final determination regarding permit
approval rests with Council.
Tourism Events will not be approved to take place in the Queensland and interstate school
holiday periods or on long weekends given resident and visitor demand for beach access
over those periods.
Community events may be considered for approval to take place in school holiday periods
and long weekends having regard to the likely impact on the community and commercial
businesses, extent of proposed community engagement, expected community benefit and
the capacity of infrastructure to support the event (event example includes Noosa Heads
SLSC Seahorse Nippers Program).
The event must not adversely impact the beach or the surrounding environment.
Event organisers must accept the risk that the beach profile is subject to change, especially
in response to large swells. Council is under no obligation to re-establish the beach profile in
any particular timeframe or to any particular standard in response to beach erosion.
Requests for any additional event works (e.g. sand profiling on the beach) which are outside
of Council’s standard beach maintenance schedule will be costed and recovered from the
event organiser via the event application process.
Page 53 of 79
Section 54
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
All events intending to use Noosa Main Beach East and Noosa Main Beach West must
nominate, where practicable, a suitable back-up location away from the beach in case the
beach has been affected by significant erosion or a severe weather event.
Event organisers must accept the risk that ocean conditions are variable depending on
weather, wind direction and uncontrollable marine phenomena such as algae, seaweed and
jellyfish.
Applicants who are refused permits to use Noosa Main Beach East may be invited to
consider alternative locations such as Noosa Woods.
The proposed policy also proposes to manage the number of events approved on Noosa Main
Beach and includes the following provisions:
There will be a maximum of one cultural festival/food festival (categorised as a Tourism
Event) approved each year on Noosa Main Beach East.
The number of approved Tourism and Community Events for Noosa Main Beach East will
be capped annually at 7 Tourism Events and 8 Community Events respectively i.e. in-keeping
with current levels.
The number of approved Community Events for Noosa Main Beach West will be capped
annually at 14 Community Events, in-keeping with current levels.
Event applications for cultural festivals/food festivals at Noosa Main Beach West will be
considered on a case-by-case basis in consultation with Tourism Noosa, the Hastings Street
Association and other relevant stakeholders having regard to issues such as the likely impact
on other beach users, impact on nearby commercial businesses, and the capacity of
infrastructure to support the event.
Corporate Events will only be approved at Noosa Main Beach West and will be capped at 10
annually.
Proposals to increase the number of Tourism, Community or Corporate Events as approved
in this Policy will require formal Council approval.
Policy Feedback - Tourism Noosa
Tourism Noosa provided feedback on the Policy and is supportive of a more considered approach
to event approvals, focusing on quality versus quantity.
Specifically, Tourism Noosa says of the Policy:
It should be positioned as a set of Guidelines as opposed to a Policy document. This is to
reflect their Tourism Event Guidelines and provide opportunities for revisiting if required.
Tourism Events will take precedence over the community’s day-to-day use of the land and
water.
The Policy requires further alignment with Tourism Noosa’s Event Guidelines.
Tourism Noosa’s feedback is included as Attachment 3.
Discussion
It is proposed that the Noosa Main Beach Events Policy is adopted as Council Policy (and not a
set of Guidelines), which reflects the importance of the issues addressed in relation to staging of
events on Noosa Main Beach. Positioning the document as a Policy places an obligation on
Council to formally consider any proposed policy changes and additional event requests.
Page 54 of 79
Section 55
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Other amendments proposed by Tourism Noosa are not supported, specifically:
The proposed amendments are contrary to the principles of the community’s use of the land
and water generally taking precedence over events.
The Policy clearly identifies that locally owned event operators are preferred over event
operators based elsewhere irrespective of whether they have Shire based operations. It is
proposed that this remain a key guiding principle of the Policy.
The remaining amendments are not substantive enough to warrant making a policy
amendment.
Policy Feedback Hastings Street Association
The Hastings Street Association (HSA) provided feedback on the Policy and were in general in
agreement with its approach (see Attachment 4). The issue of road closures is of concern to HSA
and it has specifically requested that the Policy address car park closures both pre and post events
due to significant negative financial impacts on businesses in Hastings Street, which are not offset
against their measure of financial contribution.
Discussion
It is proposed the issue of road closures will be addressed as part of a broader shire wide events
strategy. Specific event issues relating to car park and road closures raised by HSA will be
addressed with Council in due course.
Previous Council Consideration
Nil
Finance
A review of the fee structure for all event application fees will be undertaken as part of the 2018/19
budget process.
Risks & Opportunities
The Noosa Main Beach Events Policy provides the framework for Council to manage events
sustainably on Noosa Main Beach and meets the broad expectations of all stakeholders. While
tourism will remain an important sector of the economy, the policy recognises that a balanced
approach considering the needs of all stakeholders, including the community, is essential to ensure
that important issues such equitable community access is maintained and Noosa’s brand and
reputation is supported and enhanced.
Consultation
External Consultation - Community & Stakeholder
Tourism Noosa
Hastings Street Association Inc.
Internal Consultation
Director Corporate Services
Governance Advisor
Property Officer
Page 55 of 79
Section 56
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 56 of 79
Section 57
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
Page 57 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 1
ling » | NOOSA Council Policy
© | COUNCIL NOOSA MAIN BEACH EVENTS
Corporate Plan Reference: Long term planning for Noosa Shire
Endorsed by Council: 15 March 2018
Policy Author: Property Manager
POLICY BACKGROUND
Community land is predominantly State land where Council is trustee. It belongs to the whole
community and is generally freely accessible. The main purpose of community land is to enhance
wellbeing and liveability by providing space for recreational and social activities and essential
infrastructure.
Noosa Main Beach is arguably the most popular recreation space in the Noosa Shire. With its superb
view of Laguna Bay framed by Noosa National Park, and its proximity to the Hastings Street shopping
and dining precinct, Noosa's Main Beach enjoys iconic status. While Noosa Main Beach is a favourite
location for residents and visitors, it is also in high demand from event organisers because the
beach’s premium location provides significant value adding to their events.
The Noosa Main Beach Events Policy responds to the increasing pressures being placed on this
public space. It guides Council’s approach to event applications to ensure community access to the
beach is not unreasonably diminished and that an appropriate number of events are allowed that
add value to the Noosa brand and provide economic and social benefits to the local community
wherever possible.
Council is committed to achieving a sustainable tourism sector as well as ensuring our lifestyle and
the environment are preserved.
COUNCIL POLICY
Policy Scope:
This Policy:
e Applies to Noosa Main Beach East (Park Road carpark to the eastern side of the middle rockwall)
and Noosa Main Beach West (west of the middle rock wall to east of the rivermouth).
e Applies to a person, community or commercial organisation undertaking or proposing to stage
an event on Noosa Main Beach East and Noosa Main Beach West.
e Includes trustee land on Noosa Main Beach East and Noosa Main Beach West and water under
the control of Council such as foreshores and bathing reserves.
The policy does not apply to:
a) Private freehold land
b) Commercial High Use Permits
c) Commercial Low Use Permits
d) Wedding permits and permit activities in adjacent parks and footpaths
e) Recreational use by the community
Page 1
Page 57 of 79Section 58
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 58 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
COUNCIL POLICY - NOOSA MAIN BEACH EVENTS POLICY
GUIDING PRINCIPLES
e The community's day-to-day use of the land and water will generally take precedence over
events.
e Events that require the beach or the water as the core element of event activities (e.g. surf
carnivals, events involving swimming or surfing etc.) will be given precedence over events that
could be staged elsewhere (e.g. musical performance events, food festivals, film screenings etc).
e Events that are locally owned and operated are preferred over events run by operators based
outside the Shire.
e Corporate Events seeking use of the beach may only occur at Noosa Main Beach West (between
the middle rock wall and the river mouth).
e Council will not support events that do not add value to the Noosa brand.
e Tourism Noosa will assess tourism event grant funding applications prior to Council
consideration of any permit application, however the final determination regarding permit
approval rests with Council.
e Tourism Events will not be approved in the Queensland and interstate school holiday periods or
on long weekends given resident and visitor demand for beach access over those periods.
e Community events may be considered for approval in school holiday periods and long weekends
having regard to the likely impact on the community and commercial businesses, extent of
proposed community engagement, expected community benefit and the capacity of
infrastructure to support the event (Event example includes Noosa Heads SLSC Seahorse
Nippers Program).
e The event must not adversely impact the beach or the surrounding environment.
e Event organisers must accept the risk that the beach profile is subject to change, especially in
response to large swells. Council is under no obligation to re-establish the beach profile in any
particular timeframe or to any particular standard in response to beach erosion.
e Requests for any additional event works (e.g. sand profiling on the beach) which are outside of
Council’s standard beach maintenance schedule will be costed and recovered from the event
organiser via the event application process.
e All events intending to use Noosa Main Beach East and Noosa Main Beach West must
nominate, where practicable, a suitable back-up location away from the beach in case the beach
has been affected by significant erosion or a severe weather event.
e Event organisers must accept the risk that ocean conditions are variable depending on weather,
wind direction and uncontrollable marine phenomena such as algae, seaweed and jellyfish.
e Applicants who are refused permits to use Noosa Main Beach East may be invited to consider
alternative locations such as Noosa Woods.
NUMBER OF EVENTS
e There will be a maximum of one cultural festival/food festival (categorised as a Tourism Event)
approved each year on Noosa Main Beach East.
e The number of approved Tourism and Community Events for Noosa Main Beach East will be
capped annually at 7 Tourism Events and 8 Community Events respectively i.e. in-keeping with
current levels.
e The number of approved Community Events for Noosa Main Beach West will be capped annually
at 14 Community Events in-keeping with current levels.
e Event applications for cultural festivals/food festivals at Noosa Main Beach West will be
considered on a case-by-case basis in consultation with Tourism Noosa, the Hastings Street
Association and other relevant stakeholders having regard to issues such as the likely impact on
other beach users, impact on nearby commercial businesses, and the capacity of infrastructure
to support the event
e Corporate Events will only be approved at Noosa Main Beach West and will be capped at 10
annually.
Page 2
Page 58 of 79Section 59
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 59 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
COUNCIL POLICY - NOOSA MAIN BEACH EVENTS POLICY
e Proposals to increase the number of Tourism, Community or Corporate Events as approved in
this Policy will require formal Council approval.
ROLES AND RESPONSIBILITIES
Council:
e Will decide the type, number and location of events approved.
e Will review the performance of the permit holder, including but not limited to: the number of
complaints; feedback received from the community; and impact on the environment.
e Reserves the right at its absolute discretion not to approve an event upon consideration of the
potential impacts on the community and commercial businesses.
Tourism Noosa
e Will assess Tourism event grant funding applications prior to Council consideration of any permit
application.
e Will manage all contracts and funding with event organisers for Tourism Events.
e Will liaise with Council regarding proposed events, event scheduling and permit requirements.
RELEVANT LEGISLATION
Land Act 1994
Local Government Act 2009
Local Law No 1 (Administration) 2015
Local Law No. 4 (Local Government Controlled Areas, Facilities, & Roads) 2015
Local Law No. 6 (Bathing Reserves) 2015
DEFINITIONS
Community Event - means an event within the Noosa Shire organised by a not-for-profit
organisation primarily attended by people who reside within the Noosa Shire Council area.
Corporate Event - means an event staged by a business, corporation or not-for-profit organisation
for invited guests, for example with the purpose of inspiring or rewarding their employees, or else to
promote a brand, service or product. Specific examples include corporate dinners, promotional
lunches and team building activities.
Noosa Main Beach East — means the beach from Park Road carpark to the eastern side of the
middle rockwall.
Noosa Main Beach West — means the beach west of the middle rock wall to east of the rivermouth.
Tourism Event - means an event within the Noosa Shire that contributes to the Noosa economy
and primarily attended by people who reside outside of the Noosa Shire Council area.
Tlaedion
5 1 1 31 1 2 672 2637 88 17 90 Reason/
5 1 1 31 1 3 786 2637 80 17 96 Trigger
5 1 1 31 1 4 1156 2636 84 18 96 Change
5 1 1 31 1 5 1246 2637 71 16 96 (Y/N)
5 1 1 31 1 6 1381 2637 116 17 92 Endorsed/
5 1 1 31 1 7 1519 2637 106 16 95 Reviewed
5 1 1 31 1 8 1632 2640 41 18 96 by
5 1 1 31 1 9 1791 2637 52 16 96 Date
3 1 1 32 0 0 1942 2972 301 387 -1
4 1 1 32 1 0 1942 2972 112 33 -1
5 1 1 32 1 1 1942 2972 82 33 96 Page
5 1 1 32 1 2 2037 2972 17 26 95 3
4 1 1 32 2 0 1954 3315 289 44 -1
5 1 1 32 2 1 1954 3315 105 44 95 Page
5 1 1 32 2 2 2074 3316 49 34 95 59
5 1 1 32 2 3 2139 3315 42 35 96 of
5 1 1 32 2 4 2194 3316 49 34 96 79Section 60
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 2
Page 60 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 2
Attachment 2 - 2017 NOOSA MAIN BEACH EVENTS LISTING
NOOSA MAIN BEACH — TOURISM EVENTS
Event Date - 2017 Event Date (including set up & set down) | Year commenced | Year commenced
(beach component)
Noosa Summer Sat 11 -— Sun 12 Feb | Bump in 10/2 — bump out 12/2
Swim 2014 2014
Noosa Surfing Fri 3-— Sat 11 March | bump in 27/2 — bump out 12/3 — inc 4
Festival 2017 parking bays at First Point car park 1992 1992
Noosa Ultraman Sat 13 — Mon 15 (bump in 9/5 — bump out 16/5 inc one parking
2017 May row from 9/5-16/5, two rows from 13/5 — 14/5 2015 2015
at SLSC car park)
Noosa Food & Wine | Fri 19- Sun 21 May | bump in 16/5 — bump out 22/5 inc 4 parking
Festival 2017 bays in SLSC car park and one lane closure 2003 2012
of Hastings St on Sat 20 May
Noosa Ultimate Sat 27-Sun 28 May | bump in 26/5 — bump out 27/5 - inc half car
Sports Festival 2017 eral use Sat27 | park closure Fri 26/5, full closure Sat 27/5 1998 1998
only
Noosa alive! 2017 Thurs 27—Sun 30 | pump in 25/7 — bump out 31/7 inc 2 parking
July bays in SLSC car park 2001 2017
Noosa Triathlon Beach Use Thurs 2 | Bump in 31/10 - 1/11 — bump out 6/11 inc half
Festival — Sunday 5 car park closure Tues 31/10, full closure Sat 1982 2015
November 4&Sun5
Page 60 of 79Section 61
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 61 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
NOOSA MAIN BEACH — COMMUNITY EVENTS DATE
Workshop
NOOSA MAIN BEACH —- OTHER DATE/APPLICATIONS
Corporate Famil Event
Page 61 of 79Section 62
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Page 62 of 79
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
NOOSA MAIN BEACH WEST - COMMUNITY EVENTS DATE
Padua College — Beach Activities for Year 12 31/1/17, & 2/2/17
Camp
Padua College — Beach Activities for Year 7 Camp 6/2/17, 7/2/17, 8/2/17, 9/2/17, 13/2/17 & 14/2/17
Noosaville State School Beginner Surfing Every Friday 10/2/17-17/3/17
St Teresa’s — Surf Coaching Every Friday 24/2/17-17/3/17
Noosa Outriggers Laguna Bay Challenge 25/3/17-26/3/17 & 6/5/17
The Noosa Logger 6/5/17-7/5/17
Queensland Wave Ski Open 10/6/17-11/6/17
Noosa Outriggers Laguna Bay CC1/2 Regatta 22/7/17
Noosa Malibu Monthly Competition Rounds 17/7/16-18/6/17, 16/7/17-18/6/18
Padua College — Year 10 Outdoor Learning 25/7/17-31/7/17 & 1/8/17-3/8/17
Journey
Noosa Biosphere Beach Cleanup 2/9/17
Padua College - Rafting Training Day 4//10/17
- Surfing & Beach Activities 10/10/17, 12/10/17 & 17/10/17
Noosaville State School — Surf Lessons 27/10/17, 10/11/17, 17/11/17, 24/11/17, 8/12/17
Noosa Malibu Club Four Ways Competition 11/11/17
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NOOSA MAIN BEACH WEST - OTHER DATE/APPLICATIONS
a
Beach Games for an Impound Corporate Event 23/6/17
Henkel Laundry & Home Care Annual Sales 26/10/17
Conference
Active Escapes Noosa (Corporate Fitness) 11/11/17
Business Events Sunshine Coast Dreamtime 8/12/17
Famil
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Attachment 3 - Noosa Main Beach Events Policy - Tourism Noosa Feedback
Tourism Noosa Feedback - ‘We have reviewed and provided some suggestions as
highlighted below for your consideration. Our recommendation would be that this is
positioned as Guidelines versus an actual Policy. This also reflects our Tourism Event
Guidelines and provides some opportunities for revisiting if required’.
Further Tourism Noosa feedback noted below in bold — Please refer to relevant
sections of Policy.
GUIDING PRINCIPLES
= Dot point 1 - The community’s day-to-day use of the land and water will generally take
precedence over events except for significant tourism events.
= Dot point 3 - Events that are locally owned and operated or with operations based in the
Shire will be provided an additional and reasonable weighting in the selection
process of events.
= Dot point 5 - Council will not support events that do not add value to the Noosa brand as
per Tourism Noosa’s Event Guidelines.
= Dot point 6 - Tourism Noosa will be involved with Noosa Council in making
recommendations in the permit assessment process based on Tourism Noosa’s
Event Guidelines, however, the final determination regarding permit approval rests
with Council.
NUMBER OF EVENTS
e Dot point 1 - There will be a maximum of one cultural event being the Noosa Festival of
Surfing and one food festival being the Noosa Food & Wine Festival approved each
year generally in front of surf club.
e Dot point 2 & 3 - Proposed capping of the number of events held on Noosa Main
Beach including community events.
e Dot point 4 - Event applications cultural festival/food festival west of the 1°‘ rockwall
will be considered on a case by case basis.
Page 64 of 79Section 65
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
P.O. Box 1515, Noosa Heads, Qlid 4567
19" February 2018
Clint Irwin,
Property Manager
Noosa Council
Hi Clint,
ae We have polled our members and the feedback on the proposed Council event strategy and
the policy as far as it goes is generally agreed. In addition our members note:
1) The issue of Road Closures and the use of precinct parking spaces for events is serious and
must be addressed.
A) Our members are fine with half street closures for significant events such as the
Hastings Street Long Lunch.
B) Full road closures are not supported other than for short periods of approx 1/2 hour for
SSS safety only (I.e. During set up for the Long lunch, and the annual tree lighting).
= C) The blocking of the majority of precinct car parks pre and post events has not been
SS specifically addressed. We are requesting specific limitations be worked into the
= s=guidelines. Our members feel that the Tri for example blocks the vast majority of precinct
i al Ss ———
—S—_ > —. parking for several weeks prior to the event and a week after and each year seems to
a ‘4 consume more space. This has significant negative financial impact on the businesses of
SS _ 4 = Hastings Street in prime season which is not offset against their measure of financial
= SS —~_= contribution to the region.
eS =
——S— OO
——————
=— = ~ a _ 2) On the reference to supporting a single event in front of the surf club, we note that the
————— —— HSA currently supports two events - Food and Wine and The Festival of Surfing.
— : ————_ Many Thanks
buihenioee SS ee om )
= —= Shane Harvey
President
Hastings Street Association Inc
PO Box 1515, Noosa Heads Qld 4567
ABN 13 447 932 341
President: Shane Harvey Vice President: Ryan Taylor
Treasurer: Rio Capurso Secretary: Jan Sinclair ([email protected])
Page 65 of 79Section 66
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
8 SUNRISE BEACH NEIGHBOURHOOD SHOPPING CENTRE - SHOP 8 LEASE
RENEWAL
DOCUMENT INFORM AT ION
Author Property Manager, Clint Irwin
Corporate Services Department
Index ECM/ Subject: 46.01 Lease
Attachments Nil
EXECUTIVE SUMMARY
Not Applicable
RECOMMENDATION
That Council note the report by the Property Manager to the Services & Organisation Committee
Meeting dated 6 March 2018; and
A. Approve the new lease agreement to Sunrise JEM Pty Ltd. for Shop 8, Sunrise Beach
Neighbourhood Shopping Centre for 5 years commencing 23 April 2018; and
B. Apply the exception to the requirement for tendering of the lease under Section 236 (1) (c)
(iii) of the Local Government Regulation 2012 as the lease renewal is to the existing tenant.
REPORT
Sunrise JEM Pty Ltd. has been the lessee of Shop 8 since the lease transferred to their
management in October 2016. In the intervening period, Shop 8 has continued to trade as a
supermarket, which has been the case for many years.
The current 5 year lease expires on 22 April 2018 and the lessee has requested that a new lease
be considered for a further 5 year term to commence on expiry of the current lease. The current
rental is $102,554 (excl GST) per annum plus outgoings. Australian Valuers have undertaken an
independent valuation, which values the rental at $98,500 per annum plus outgoings. The lessee
provided a rental offer of $93,000 per annum plus outgoings. Council did not accept this offer. After
negotiation, the lessee has accepted the independent valuation rental figure. The lessee has
maintained a satisfactory rental record over the current lease period.
Previous Council Consideration
Ordinary Meeting Minutes, 20 October 2016, Item 4, Page 7
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.
Finance
While the proposed rental figure is less than the current rental figure this is considered acceptable
given it aligns with the independent market valuation figure. Revenue will be foregone if the lease
renewal for Shop 8 is not approved and a public tender process is required. There will be a minor
budget impact in the current financial year, which will be absorbed within the Property branch
budget. The 2018/19 draft budget will include the revised revenue forecast.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Risks & Opportunities
Under Section 236 (1) (c) (iii) of the Local Government Regulation 2012, Council is not required to
tender for the leasing of the property as the purpose of the lease renewal is to the existing tenant.
In accordance with the Regulation, an independent market valuation must also have been
undertaken for the property.
Renewal of lease aligns with Theme 5 of Council’s Corporate Plan- Excellence as a Council –
Maximise financial opportunities for Council land holding for the purpose of maximising non-rate
revenue.
Consultation
External Consultation - Community & Stakeholder
Australian Valuers
Internal Consultation
Director Corporate Services
Property Officer
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
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Section 68
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
REPORTS FOR NOTING BY THE COMMITTEE
9 JANUARY 2018 RATE LEVY OVERVIEW
DOCUMENT INFORM AT ION
Author Manager, Revenue Services, Kellie Seeleither
Corporate Services Department
Index ECM Rates Management/Rateable Services
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Manager Revenue Services to the Services & Organisation
Committee Meeting dated 6 March 2018 providing an overview of the January 2018 rate levy.
REPORT
This report provides Council with a summary of the January 2018 rate levy.
1. Levy Summary
Rate notices were issued on the 16 January 2018, with a due date of the 16 February. The gross
amount of the levy was $36.8 million, which comprised of $33.7 million of Council rates and
charges, and $3.1 million for the State Emergency Management Levy. Between July 2017 and
January 2018 the net increase in rateable properties was 92, giving growth of 0.3%.
Rateable Valuation
Levy/Charge Amount # Properties
Or # Services
General Rates $24 million 30,391 $8 billion
Separate Charges
Environment Levy $0.9 million 30,391 30,391
Sustainable Transport Levy $0.5 million 30,391 30,391
Heritage Levy $0.2 million 30,391 30,391
Special Rates and Charges
Tourism & Economic Levy $1.4 million 5,658 $1.4 billion
Noosa Main Beach Maintenance $0.3 million 2,095 $605 million
Hastings St Precinct Maintenance $0.2 million 2,095 $605 million
Hastings Street Safety Levy $0.08 million 834 834
Rural Fire Levy $0.08 million 6,380 6,380
Noosa Junction Levy $0.05 million 156 $39 million
Noosa Waters Lock & Weir Levy $0.03 million 592 $413 million
Noosa Waters Canal Maint. Levy Nil Nil Nil
North Shore Electricity Charge $0.02 million 27 27
Utility Charges
Waste Management Charges $5.85 million 29,452 32,071
Holding Tank Charges $0.076 million 81 81
Backflow Device Registration Fees $0.098 million 1,511 4,141
Emergency Management, Fire and
$3.142 million 31,115 31,162
Rescue Levy (EMFRL)
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
1. General Rate Details by Category
Properties
General Rate Category Properties Rateable Valuation Amount
on Minimum
1 - Rural & Agricultural 223 $51,182,500 $155,064 131
2 – Commercial valued up to
905 $67,372,233 $493,191 838
$175,000
3 – Commercial valued
417 $113,786,891 $403,663 38
$175,001 - $400,000
4 – Commercial valued over
252 $237,341,201 $835,899 13
$400,000
5 – Extractive (not in Cat. 31) 11 $2,696,110 $14,925 8
6 – Residential PPR valued up
11,377 $2,142,053,825 $6,182,846 10,135
to $280,000
7 – Residential PPR valued
2,545 $860,353,983 $1,776,378 921
$280,001 - $450,000
8 – Residential PPR valued
407 $202,749,674 $414,785 118
$450,001 - $550,000
9 – Residential PPR valued
283 $178,194,560 $360,754 101
$550,001 - $700,000
10 – Residential PPR valued
269 $203,695,899 $401,219 217
$700,001 - $800,000
11 – Residential PPR valued
187 $160,954,000 $303,008 133
$800,001 - $920,000
12 – Residential PPR valued
121 $123,783,738 $224,745 61
$920,001 - $1,100,000
13 – Residential PPR valued
74 $94,675,000 $157,993 38
$1,100,001 - $1,400,000
14 – Residential PPR valued
102 $194,450,000 $311,962 1
$1,400,001 - $2,500,000
15 – Residential PPR valued
19 $59,000,000 $90,475 10
over $2,500,000
16 – Residential Not PPR
4,406 $961,615,355 $3,033,586 3,195
valued up to $420,000
17 – Residential Not PPR
254 $116,472,704 $293,761 98
valued $420,001 - $500,000
18 – Residential Not PPR
383 $239,281,408 $594,186 77
valued $500,001 - $750,000
19 – Residential NPPR valued
530 $702,925,202 $1,729,461 85
over $750,000
20 – Vacant Land > $1M and
10 $22,050,000 $94,363 -
area more than 1,500m2
21 – Pump Stations, Stock
Grazing Permits and
2 $45,128 $194 1
garages/small lots with an area
less than 20m2
22 – Vacant Land subject to
67 $34,678,725 $44,389 -
developers concession
23 – Retirement Villages and
12 $20,430,000 $70,443 -
Nursing Homes
24 – Shopping centre - gross
floor area between 2,500 & 6 $18,510,000 $97,585 -
10,000m2
25 – Shopping centre - gross
floor area greater than 1 $27,500,000 $198,894 -
10,000m2
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Properties
General Rate Category Properties Rateable Valuation Amount
on Minimum
26 – Shopping centre - gross
floor area between 1,000 & 4 $5,926,952 $23,844 -
2,500m2
27 – Strata Units Not PPR 5,611 $930,834,867 $4,488,144 3,610
28 – Strata Units PPR 1,912 $266,808,641 $1,196,870 1,287
29 – Extractive Industries
1 $335,000 $1,733 -
Quarries
Total 30,391 $8,039,703,596 $23,994,360 21,116
2. Rate Concessions
Details of the Council pensioner concessions granted on the July Levy are set out below.
Maximum Rebate
Pension Concession Type Properties Amount
(1/2 year)
Maximum/Sole Owner $115.00 1,249 $143,635
Maximum/Joint Owners $90.00 1,249 $107,212
Not Maximum/Sole Owner $57.50 740 $42,550
Not Maximum/Joint Owners $32.50 1,055 $33,232
Total 4,293 $326,629
In addition to the pensioner concessions, Council allowed general rate concessions on 52
properties totalling $74k.
Details of the pensioner concessions funded by the State Government are as follows:
State Government Rebates # Properties Amount
General Rates & Charges 4,418 $436,029
State Emergency Management Levy 4,418 $73,564
3. Payment Preferences and Arrangements to Pay
BPay continues to be the most popular payment options by far, accounting for 61% of all funds
received, followed by over the counter payments (including cheques mailed into Council) at 11%.
Payments at Australia Post offices account for a further 8%, with automated phone payments,
online payments and direct debit accounting for just under 7% each.
There are currently 455 properties with an arrangement to pay their current rates in accordance
with section 2.5.2 of the Revenue Statement, representing $319,845 of outstanding rates and
charges.
Previous Council Consideration
Nil.
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Section 71
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
Finance
Rates and Charges revenue performance against budget was reported in the financial performance
report to Council at the 12 February 2018 General Committee meeting. Total rates and charges
collected as at the end of January represents 101% of the full year budget.
Risks & Opportunities
There are no properties where the outstanding rates and charges are close to the rateable value
of the land, consequently, there is no bad debt risk of any rates and charges at this time.
Consultation
External Consultation - Community & Stakeholder
Nil
Internal Consultation
Director Corporate Services
Departments/Sections Consulted:
Community Services Planning & Infrastructure
Disaster Management & Public Order Building & Plumbing Services
Waste & Environmental Health DA Planning
Community Facilities Strategic Land Use Planning
Cultural Facilities Asset Design & Investigations
Asset Planning
Civil Operations
Environment
Executive Office x Corporate Services
Community Engagement Finance
Customer Service ICT
Executive Support Procurement & Fleet
Governance Property & Facilities
Human Resources x Revenue Services
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Section 72
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 6 MARCH 2018
CLOSED SESSION
10 COUNCIL INFORMATION
COMMUNICATION TECHNOLOGY (ICT) ENTERPRISE SYSTEMS CONTRACT
DOCUMENT INFORM AT ION
Author Director Corporate Services, Michael Shave
Corporate Services Department
Index ECM/ 30.08 Technology One Contracting
Attachments Nil
REASON FOR CLOSED SESSION
This report was considered in closed session in accordance with Section 275 (1) of the Local Government
Regulation 2012, which permits the meeting to be closed to the public for business relating to the
following:
(e) contracts proposed to be made by it
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