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2014-03-03 General Committee Agenda
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AGENDA
General Committee
Meeting
Monday, 3 March 2014
commencing at 10am
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Tony Wellington (Chair), Bob Abbot, Sandy Bolton,
Joe Jurisevic, Frank Pardon, Noel Playford, Frank Wilkie
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Section 2
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
TABLE OF CONTENTS
ITEM SUBJECT PAGE
ATTENDANCE & APOLOGIES 3
PRESENTATIONS 3
ITEMS REFERRED FROM INFRASTRUCTURE & SERVICES COMMITTEE 3
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK 3
ITEMS REFERRED FROM PLANNING & ORGANISATION COMMITTEE 3
1 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION 3
REPORTS DIRECT TO GENERAL COMMITTEE 4
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK – FURTHER REPORT 4
2 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION –
FURTHER REPORT 10
3 HEALTHY WATERWAYS NETWORK 23
4 KABI KABI NATIVE TITLE CLAIM 26
CLOSED SESSION 30
Page 2 of 30
Section 3
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
ATTENDANCE & APOLOGIES
PRESENTATIONS
Nil.
ITEMS REFERRED FROM INFRASTRUCTURE & SERVICES COMMITTEE
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK
(Previously distributed in Infrastructure & Services Committee Agenda, Page 4)
Reason for referral – Request for further report clearly defining the role of Councillors
in the Capital Works process, and to simplify the Capital Works Program Statements
(Further report provided at Item 1, Page 4)
ITEMS REFERRED FROM PLANNING & ORGANISATION COMMITTEE
1 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION
(Previously distributed in Planning & Organisation Committee Agenda, Page 4)
Reason for referral – Request for a further report including a process for Councillors to
request an application be referred to a Council meeting for determination
(Further report provided at Item 2, Page 10)
Page 3 of 30
Section 4
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
REPORTS DIRECT TO GENERAL COMMITTEE
1 DEVELOPMENT OF THE CAPITAL WORKS FRAMEWORK – FURTHER REPORT
Author Coordinator, Assets and Investigations, Bryan O’Connor
Community Infrastructure Department
Index ECM/ Subject/ 2013-14 Annual Capital Works Program
Attachments 1. NSC Program Statements
REPORT
The purpose of this report is to provide detail around the Councillor involvement in the
development of the Capital Works Framework and subsequent Capital Works Program and also
present a consolidated program statement to support the Capital Works Framework.
The development of the Capital Works Framework was presented to the Infrastructure and
Services Committee on the 25 February 2014. As a result of the report the Committee requested
that further clarification be provided on the process for Councillor involvement in the development
of the Capital Works Program and, in particular, how Councillors can initiate projects to be placed
in the program. In addition, it was requested that the program statements be simplified.
There are three areas of involvement for Councillors in the development of the Capital Works
Program, namely:
1. Project Initiation
Councillors are able to initiate projects by discussion with the Assets and Investigations team.
The Assets and Investigations team will record the details of the project to support investigation
and scoping activities. This record keeping is fundamental in ensuring that key issues are defined
and that stakeholders are identified and considered.
In order to meet the timing for the development of the annual Capital Works Program any
proposed projects need to be initiated through the Assets and Investigations team prior to the
end of March for the 2014/15 program. In future years this time line will be by the end of February
to ensure sufficient time for investigations and scoping can be undertaken prior to budget
development.
2. Emergent Works
There will be emergent issues that arise throughout any given year that will require immediate
action. Should there be an emergent project that needs to be considered after the budget has
been adopted then there is the opportunity to have these works included in the budget when
considering the quarterly budget reviews. These emergent projects can also be initiated through
the Assets and Investigations team.
3. Councillor Workshops
Once the draft Capital Program has been developed, workshop(s) with Councillors and project
staff will be held to review individual projects that have been scored and prioritised. It is
anticipated that the workshop for the development of the 2014/15 budget will be held in April.
There may be a requirement to have additional workshops should there be a need for further
information on proposed projects of a complex nature.
Page 4 of 30
Section 5
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
RECOMMENDATION
That Council note the report by the Coordinator, Assets & Investigations to the General
Committee Meeting dated 3 March 2014 and:
A. Adopt the proposed Capital Works Framework for the development of a Capital Works
Program for the 2014/15 Budget as attached to the report to the Infrastructure & Services
Committee dated 25 February 2014, except where amended by items B and C below;
B. Endorse the process for Councillors involvement in the development of the Capital Works
Program as detailed in this report; and
C. Adopt the amended Program Statements attached to this report.
CONSULTATION
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
X Community Infrastructure Community & Development
X Asset Planning & Delivery Community Services
Civil Operations Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
Executive Office Organisational Services
Communications & Governance Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 5 of 30
Section 6
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 6 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
ATTACHMENT 1
NSC CAPITAL WORKS PROGRAM STATEMENTS
Seterem | provides forkeyinkages wihin coun’ road and pat network |
Statement The provision of bridge infrastructure that is capable of carrying traffic safely;
po | BREESE ste Some Pere
Asset Focus The development and delivery of a long term bridge management program.
Extending the life of existing bridges through rehabilitation treatments where
demand and risk.
and support community infrastructure.
rehabilitation of car parks to optimise the whole of life costs of the assets.
council owned and managed car parks associated with retail precincts, sports
facilities, community and recreational facilities.
and provide connectivity to all road users. and are designed and constructed
meet yet to be agreed levels of service while minimising whole of life costs.
| heats Sotelo ae ae
Asset Focus The development of a reseal and rehabilitation program for the sealed road
network that will be developed from condition surveys and inspections and
and provide connectivity within our road transport network.
ASSES | tate volume, tate pe and polenta sels concemig|
Asset Focus Gravel roads are renewed and rehabilitated based on the surface condition,
interaction and complement the natural character of a location, through the
retrofit of urban spaces and transport corridors.
spaces and corridors.
BSUS | beach ilage Conte, ape Steet ooroy |
Asset Details Sealed road corridors, urban and village centres (ie Hastings Street, Peregian
community and key user groups.
ROA | sssesomentse nn ne meee Ot Tales Basel on cena
Asset Focus Renewal, rehabilitation and upgrade of facilities based on condition
Noosa Council | Program Statements ccc
Page 6 of 30Section 7
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 7 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
a
Statement The refurbishment and upgrade of council’s buildings and facilities that
facilities meet applicable standards, safety requirements and allow
administration of council business.
assessments.
whole Noosa Shire community.
= a
Statement The provision of accessible multiuse environmental reserves, tracks and trails
community health and wellbeing.
of multiuse recreational tracks and trails.
Seren | community ad ae safe, accessible and econemealy sustanables |
Statement Parks and playgrounds are developed according to the needs of the
ee roc® | conditon assessments andinspectons. |
Asset Focus The renewal and rehabilitation of park and playground infrastructure based on
barbecue facilities.
Seren | replacement tat eonoricaly and ervonmentaly suanabie. |
Statement To provide a program of plant and equipment acquisition, maintenance and
Asset Focus Renewal, replacement and maintenance of plant and equipment based on a
robust validation process that meets defined economic and environment
sustainability criteria to assess any new proposed purchase or lease where
replacement is more cost effective or environmentally sustainable than repair.
contribute to Noosa’s appeal as a tourist destination.
Bee DeeIS | denies, storage sheds and BSG fades) nn |
Asset Details All buildings associated with running a holiday park. (caretaker dwelling,
Noosa Council | Program Statements Ez
Page 7 of 30Section 8
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 8 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Statement The provision of both strategic and local pathway infrastructure projects that
support walking and cycling, including minor pedestrian improvements on
existing pathways.
Renewal, upgrade and new infrastructure
Asset Details Pathways, pedestrian crossing facilities, on and off road wayfinding signage,
bike parking facilities
Annual Funding $ 833,000
Statement The improvement of the existing sealed road network infrastructure on major
links and local roads, including intersection and corridor upgrades to improve
road user safety.
Upgrade of existing road infrastructure to improve and promote road safety.
Asset Details sealed road network and on road cycle lanes
Annual Funding $ 900,000
Statement The upgrade and rehabilitation of recreational sports grounds and facilities.
Upgrade and rehabilitation of sporting facilities based on condition and
demand.
Asset Details Playing fields, sports facilities, amenities buildings — Girraween Sports
Complex
Annual Funding $ 258,000
Statement The provision and management of all infrastructure within coastal areas that is
appropriate for public access and the protection property.
Rehabilitation, renewals and upgrades based on the condition of the
infrastructure.
Asset Details Revetment walls, groynes, beach accesses, lock and weir, dune protection
areas.
Annual Funding $ 360,000
Statement The provision of overland and underground drainage services for the
management of stormwater run-off to support the mitigation of flood protection
and ensure that pollutants do not enter the natural environment.
Asset Focus Rehabilitation, renewals and upgrades based on condition and CCTV
Inspections to minimise risk.
Asset Details Pipes, pits, gross pollutant traps, headwalls, culverts, kerb and channel
Annual Funding
Statement To provide land and property for strategic purposes and disposal of Council
land and property surplus to requirements in order to generate funds.
Renewal and rehabilitation based on condition assessments.
Asset Details Strategic Land Purchases, Sunrise Beach Shopping Centre
Annual Funding $ 155,000
Noosa Council | Program Statements |30f4
Page 8 of 30Section 9
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 9 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
public transport infrastructure improvement program. Support a systems based
approach of encouraging modal change to public transport, including disability
compliance upgrades to public transport infrastructure
to public transport through quality infrastructure and services
facilities.
and creates flexibility and efficiencies to the workforce and our customers.
Cheae Semert | ctuvaste at rural tanster talons and Eumund RG Lange
Objective Statement To provide the necessary infrastructure for reception, processing and disposal
Noosa Council | Program Statements Era
Page 9 of 30Section 10
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
2 REVIEW OF PLANNING & DEVELOPMENT INSTRUMENTS OF DELEGATION –
FURTHER REPORT
Author Coordinator, Development Assessment, Kerri Coyle
Community & Development
Index ECM/ Subject/ Governance and Executive/ Delegations of Authority
Attachments 1. 2014-20 – Building Services
2. 2014-22 – Integrated Planning
3. 2014-35 – Sustainable Planning
REPORT
A report on this issue was considered by the Planning & Organisation Committee on 25 February
2014 (refer to Item 1, page 4) and was subsequently referred to the upcoming General
Committee meeting.
During the course of discussions, Councillors indicated that they considered it was difficult to
contemplate the full extent of the matters proposed to be delegated to officers. Councillors
indicated that to assist their understanding it would be beneficial to have a range of development
applications referred to them for review, with the opportunity for any councillor to request a matter
to be considered at a Council meeting. This referral process would then be reviewed after 6
months. A number of grammatical and consistency issues were also raised with the delegation
instruments.
In the circumstances the Committee requested a further report be presented to the General
Committee meeting for 3 March 2014.
Planning & Development Issues
The current planning and development delegations address a range of issues, including
primarily:
development applications where Council is the assessment manager and can decide the
application;
applications lodged with a private building certifier and Council is identified as a concurrence
agency for the application (e.g. setback, building height variations for dwelling houses);
enforcement of pool safety standards, budget accommodation building fire safety standards
(e.g. backpackers), residential service building standards (e.g. aged care facilities) and
breaches of the Building Act;
enforcement of The Noosa Plan or a development approval;
the commencement and/or conduct of an appeal or legal proceeding;
planning and development searches and information to members of the public.
Page 10 of 30
Section 11
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
The following table provides a list of these matters for consideration:
Development Applications where Council is Assessment Manager
Material change of use – code assessable
Material change of use – impact assessable
Reconfiguring a lot – code assessable
Permissible change to a development approval
Extension to a relevant period for a development approval
Operational work – civil works, stormwater management, landscaping, rehabilitation, water and
sewerage
Operational work – prescribed tidal works
Operational work – clearing of vegetation
Compliance Certificate – Sealing of Plan of Survey
Building works – finalisation of building approvals issued by the former Noosa Building Certifiers
Development Applications where Council is a Concurrence Agency
Building works – siting variations for dwellings
Building works – removal/resiting of buildings
Building works – temporary accommodation in a shed
Building works – dwellings not complying with the acceptable solutions of The Noosa Plan
Enforcement Matters and Proceedings
Issue of a Show Cause Notice
Issue of Enforcement Notice
Commencement of legal proceedings due to a breach of the planning scheme, development
approval or Building Act
Conduct of an appeal relating to a development application
Disciplinary action against a private building certifier
It is recommended the majority of these matters be referred to Councillors for viewing prior to any
exercise of delegation with the exception of the following matters, which be dealt with by officers
for practical operational reasons; or statutory time frame reasons or reasons of public safety:
Operational Works for civil works, stormwater management, landscaping, rehabilitation, water
and sewerage
Operational work – prescribed tidal works where associated with a private residence
Operational work – clearing of vegetation where associated with a private residence
Compliance Certificate – Sealing of Survey Plan
Building works – finalisation of building approvals issued by the former Noosa Building
Certifiers
All development applications where Council is a concurrence agency
Show Cause Notices
Enforcement Notices for non-complying pools and dangerous building works
Page 11 of 30
Section 12
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Process for Referral to Councillors
For those matters that can be determined under delegation, it is proposed that they be referred to
all Councillors by email before the exercise of that delegation, allowing 3 business days for a
Councillor to request the matter to be referred to a Council meeting instead of being considered
under delegation. This effectively provides a “call up” provision for Councillors to request that a
planning matter be referred to Council for determination rather than being determined under
delegation. The email to Councillors would include the officer report and proposal plans if
applicable. Matters identified as 1 to 5 in Part B of the recommendation would be referred directly
to a Council meeting for consideration.
This process will commence following Council’s Ordinary Meeting of 4 March 2014 and be
reviewed after 6 months. The delegations could then be further amended as appropriate based
on the experience of that trial period.
Delegation Instruments
The delegation instruments have been amended to address the identified grammatical and
consistency issues identified at the Planning & Organisation Committee on 25 February 2014.
RECOMMENDATION
That Council note the report by Coordinator, Development Assessment to the Planning &
Organisation Committee dated 25 February 2014, and the further report to the General
Committee Meeting dated 3 March 2014 and:
A. Delegate to the Chief Executive Officer pursuant to section 257 of the Local Government
Act 2009 the exercise of powers as contained in Attachment 1 to the report dated 3 March
2014;
B. Delegate to the Chief Executive Officer pursuant to section 257 of the Local Government
Act 2009 the exercise of powers as contained in Attachments 2 & 3 to the report dated 3
March 2014 under the Integrated Planning Act 1997 and Sustainable Planning Act 2009
for applications other than the following:
1. an application for a preliminary approval mentioned in section 242 of the Act to
vary the effect of the planning scheme;
2. the approval for a proposed development where there is substantial non-
compliance with a stated policy of the Council or a high order provision of the
Planning Scheme being a desired environmental outcome, or an overall outcome
of a code;
3. the refusal of any development application where Council is the assessment
manager;
4. requests, including Negotiated Decision requests, to change or cancel conditions
that were imposed by Council at an Ordinary or a Special Meeting; and
5. an application for a proposed development of significant community interest.
However, the delegated officer may exercise the powers of the local government under
the Act for an application where:-
(i) the application has the potential for “deemed approval” in accordance with
sections 330-331 of the Act; and
(ii) the application is for Operational Works for clearing vegetation; and
C. Repeal existing delegations that transferred to the Noosa Council from the Sunshine
Coast Regional Council under the Local Government (De-amalgamation Implementation)
Regulation as detailed in “2012-49 Planning Scheme - Development Control Plan 1
(Kawana Waters)” and “2012-49 (v1) - Sustainable Planning Act - Master Plans”.
Page 12 of 30
Section 13
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
D. For a 6 month period all planning and development matters identified in the table below
shall be referred to Councillors at least 3 days prior to the exercise of the delegation,
whereby a Councillor may request the matter to be considered at a Council meeting
instead of being determined under delegation.
Development Applications where Council is Assessment Manager
Material change of use – code assessable
Material change of use – impact assessable
Reconfiguring a lot – code assessable
Permissible change to a development approval
Extension to a relevant period for a development approval
Operational work – prescribed tidal works not associated with a private residence
Operational work – clearing of vegetation not associated with a private residence
Enforcement Matters and Proceedings
Issue of Enforcement Notice not associated with a non-complying pool or dangerous
building works
Commencement of legal proceedings due to a breach of the planning scheme,
development approval or Building Act
Conduct of an appeal relating to a development application
Disciplinary action against a private building certifier
E. The planning and development instruments of delegation be reviewed and a further report
presented to Council prior to the expiry of the 6 month trial period.
CONSULTATION
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Community Infrastructure x Community & Development
Asset Planning & Delivery Community Services
Civil Operations x Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
Executive Office Organisational Services
Communications & Governance Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 13 of 30
Section 14
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 14 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-20
ATTACHMENT 1
Noosa Shire Council
DELEGATION OF AUTHORITY
TITLE: Building
Delegation by the Council to: Date and Resolution No..
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 — 257 and 259
Building Act 1975
Sustainable Planning Act 2009
Sustainable Planning Regulation 2009
Residential Services (Accreditation) Act 2002
Delegated Power:
1. To exercise the following powers of the Council under the Building Act 1975 (the Act),
Sustainable Planning Act 2009 (SPA) and the Sustainable Planning Regulation 2009
including without limitation the authority to:
(a) perform building certifying functions;
(b) receive, assess and decide building development applications under IDAS with or
without conditions;
(c) appoint or employ a building certifier;
(d) issue a building development approval; and
(e) release security;
(f) consult with private certifiers;
(g) grant, refuse, use or provide concessional approval for BCA classification change
or use change;
(h) take enforcement action;
(i) approve the use of a building for residential purposes’:
(j) give a building certificate of classification if built before the 30 April 1998;
(k) give a show cause notice to a building certifier;
* Other than a class 1,2,3 or 4 building for residential purposes
Page 1 of 3
Page 14 of 30Section 15
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 15 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-20
(I) consider any representations made under the show cause notice;
(m) apply to the QCAT’ to start a disciplinary proceeding against a building certifier,
and
(n) notify the Queensland Building Services Authority (BSA) with regards to an
application to QCAT.
2. To exercise the powers of the Council under the Act with respect to building works under
section 65, section 87, section 92(2) and section 93(1).
3. To exercise the following powers of the Council under the Act with respect to budget
accommodation buildings, including without limitation the authority to:
(a) consult with any other entity;
(b) grant an application for a longer period of conformity with the fire safety standard
with or without conditions;
(c) refuse an application; for a longer period of conformity with the fire safety
standard;
(d) on written application® from the owner, decide and give notice if the building
conforms with the fire safety standard; and
(e) inspect budget accommodation buildings.
4. To exercise the powers of the Council under the Act with respect to residential care
buildings including without limitation the authority to approve an application with or without
conditions, for a later day to obtain a fire safety certificate or certificate of classification.
5. To exercise the following powers of the Council under the Act with respect to pool safety
standards, including without limitation the authority to:
(a) determine all applications in respect of exemption from complying with swimming
pool fencing standards (with or without conditions);
(b) give a show cause notice about revoking an existing exemption;
(c) consider representations made under a show cause notice and give a further
notice* to the applicant;
(d) make copy of exemption available for inspection and purchase;
(e) as owner of adjoining land, the authority to exercise the powers under the Act
relating to pool barriers along the common boundary under section 245XG(1),
245XN(2), 245XS(1), 245XS(3) and 245XV(2);
(f) where the local government receives for a regulated pool a (a) notice of pool
immersion incident under section 2451 of the Act or (b) a pool safety complaint
notice or a (c) notice under section 245UA under the Act the authority to:
|. inspect a regulated pool for compliance; and
ll.take necessary enforcement action to ensure a pool is compliant with pool
safety standards or fencing standards for the pool:
(g) cancel a pool safety certificate for a regulated pool;
(h) give a show cause notice about cancelling a pool safety certificate;
(i) consider submissions and decide whether to cancel a pool safety certificate;
(j) extend the time for an owner of a swimming pool to comply with the Act®; and
? Queensland Civil and Administrative Tribunal
> Within 20 business days after receiving the application.
* Revocation Notice
* Only where an extension under section 49H(11)(b) of the Local Government Act 1936 is still in force.
Page 2 of 3
Page 15 of 30Section 16
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 16 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-20
(k) appoint or employ a pool safety inspector.
6. To exercise the powers of the Council under the Act to designate land as a transport noise
corridor by gazette notice.
7. To exercise the following powers of the Council with respect to offences made under the
Act, including without limitation the authority to:
(a) give a show cause notice:
(b) give an enforcement notice; and
(c) make a complaint for an offence made under section 256 (2)°.
8. To act on behalf of the local government in legal proceedings under the Local Government
Act 2009 including the authority to:
(a) give instructions and act as the authorised agent for the local govemment; and
(b) sign all documents for the local government.
9. To exercise the powers of the local government under the Residential Services
(Accreditation) Act 2002 including the authority to:
(a) on application by a person conducting, or proposing to conduct, a residential service
in premises, to assess and determine whether a building complies with the
prescribed building requirements;
(b) issue a building compliance notice;
(c) approve the form to be used for an application; and
(d) _ issue a notice stating the extent to which the premises comply with the prescribed
building requirements.
Delegated Criteria:
10. | The Delegated Officer may exercise the powers delegated only in accordance with the
relevant provisions outlined in the Act and Sustainable Planning Act 2009 and regulations.
Delegation Administrative Procedure:
11. The following procedure is to be undertaken for this delegation in accordance with the
powers delegated:
(a) Delegated Officers should consider the impacts of any obligations and contractual
responsibilities being imposed on council as a result of exercising the powers in this
delegation:
(b) | The Delegated Officer must act impartially and consider any potential conflicts of
interest when exercising this delegation; and in particular, a development application
is to be referred to Council for determination where a councillor or officer has a
material personal interest in the development application.
(c) The Delegated Officer must follow lawful and fair procedures, gather information
relevant to any decision and give procedural fairness to ensure due process is
followed when exercising this delegation; and
(d) will apply all relevant policies, guidelines and procedures.
® Other than 256(2\a), (b), (Mi) and (j).
Page 3 of 3
Page 16 of 30Section 17
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 17 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-22
ATTACHMENT 2
Noosa Shire Council
DELEGATION OF AUTHORITY
TITLE: Integrated Planning
Delegation by the Council to: Date and Resolution No..
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009 - Section 257 & 259
Integrated Planning Act 1997 — Chapter 3, Chapter 4, Chapter 5, Chapter 6
Sustainable Planning Act 2009 - Chapter 10
Delegated Power:
1. To exercise the Council's powers under Chapter 3 of the repealed /ntegrated Planning Act
1997 (repealed Act) in respect of the Integrated Development Assessment System,
including without limitation, the following:
(a) to receive and determine whether a development application is properly made;
(b) to assess and decide a development application;
(c) to decide a request to change a development approval (other than a change of a
condition);
(d) to decide a request to change or cancel a condition;
(e) to decide a request to extend the period of a development approval;
(f) to decide a request for the giving of a negotiated decision notice;
(g) to decide a request to cancel a development approval;
(h) to give the Minister all reasonable assistance the Minister requires to assess and
decide a development application that has been called in by the Minister,
(i) to approve a plan of subdivision for the reconfiguring of a lot.
Page 1 of 3
Page 17 of 30Section 18
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 18 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-22
2. To exercise the Council's powers under Chapter 4 of the repealed Act, except for the
power contemplated in section 4.3.11(5) to give an enforcement notice ordering the
demolition of a building, but otherwise without limitation, including the following:
(a) to conduct an appeal or proceeding in which the Council is a party;
(b) to initiate a legal proceeding;
(c) to issue a show cause notice and enforcement notice.
3. To exercise the powers of the Council under Chapter 5 of the repealed Act, including
without limitation, the following:
(a) to impose conditions about infrastructure on an approval of a development
application;
(b) to give an infrastructure charges notice;
(c) to give a regulated infrastructure charges notice;
(d) to enter into infrastructure agreements;
(e) the making available for inspection and purchase of documents which are
required by the repealed Act to be kept available for inspection and purchase;
(f) the maintenance of a register of development applications;
(g) the giving of a limited, standard or full planning and development certificate for a
premises;
(h) the provision of a copy of a document from the register of all development
applications at the request of members of the public.
4. To exercise the powers of the Council under Chapter 6 (Transitional Provisions) of the
repealed Act.
Delegation Criteria:
5. The Delegated Officer may exercise the powers of the Council under the repealed Act to
the extent that the powers continue in effect in accordance with the transitional provisions
of the Sustainable Planning Act 2009.
6. The delegated officer may exercise the powers of the local government under the Act for
an application other than the following:
(a) an application for a preliminary approval mentioned in section 3.1.6 of the Act to
vary the effect of the planning scheme ;
(b) the approval for a proposed development where there is substantial non-
compliance with a stated policy of the council or a high order provision of the
planning scheme being a desired environmental outcome, or an overall outcome of
a code;
(c) the refusal of any development application where council is the assessment
manager,
(d) requests, including Negotiated Decision requests, to change or cancel conditions
that were imposed by Council at an Ordinary Meeting;
(e) an application for a proposed development of significant community interest;
Page 2 of 3
Page 18 of 30Section 19
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 19 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-22
7. However, the delegated officer may exercise the powers of the local govemment under the
Act for an application where the application is for Operational Works for clearing
vegetation.
Delegation Administrative Procedure:
8. This delegation is to be exercised in accordance with the repealed Act.
9. The extent of authority is in accordance with the delegated criteria where stated.
10. The Delegated Officer shall cause a register to be kept of all instances where this
delegation has been exercised.
11. The following procedure is to be undertaken for this delegation:
(a) The policies of the Council are be complied with and in particular any policy
related to entering into an infrastructure agreement in accordance with the power
delegated in paragraph 3(d) of this delegation.
(b) The policies and codes of conduct of the Council are be complied with and in
particular a development application is to be referred to the Council for
determination where a councillor or officer has a material personal interest in the
development application.
Page 3 of 3
Page 19 of 30Section 20
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 20 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-35
ATTACHMENT 3
Noosa Shire Council
DELEGATION OF AUTHORITY
TITLE: Sustainable Planning
Delegation by the Council to: Date and Resolution No..
Chief Executive Officer
Delegation by the Chief Executive Officer to: Date approved:
Source of Authority:
Local Government Act 2009
Sustainable Planning Act 2009
Delegated Power:
1. To exercise the powers of the local government under Chapter 3 of the Sustainable
Planning Act 2009 (the Act).
2. To exercise the powers of the local government under Chapter 6 of the Act in respect of
the Integrated Development Assessment System, including without limitation, the following:
(a) to receive and determine whether a development application is properly made;
(b) to assess and decide a development application, including the imposition of
conditions on an approval of a development application;
(c) to decide a request to change a development approval;
(d) to decide a request to extend the period of a development approval;
(e) to decide a request for the giving of a negotiated decision notice;
(f) to decide a request to cancel a development approval;
(g) to give the Minister all reasonable assistance the Minister requires to assess and
decide a development application that has been called in by the Minister;
(h) to approve a plan of subdivision for the reconfiguring of a lot;
(i) to nominate an entity to carry out compliance assessment for the Council;
(j) to assess and decide a request for compliance assessment, including approving a
request with or without conditions, or giving an action notice;
(k) to assess and decide representations made in respect of an action notice;
Page 20 of 30Section 21
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 21 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-35
(I) to assess and decide a request to change a compliance permit or compliance
certificate; and
(m) to assess and decide a request for application of a superseded planning scheme.
3. To exercise the powers of the local government under Chapter 7 of the Act, except for the
power contemplated in section 590(7) to give an enforcement notice ordering the
demolition of a building, but otherwise without limitation, including the following:
(a) to conduct an appeal or proceeding in which the council is a party;
(b) to initiate a legal proceeding;
(c) to issue a show cause notice and enforcement notice.
4. To exercise the powers of the local government under Chapter 8 of the Act, including but
not limited to the following:
(a) to impose conditions about infrastructure on an approval of a development
application;
(b) to give an infrastructure charges notice;
(c) to give a regulated infrastructure charges notice;
(d) to give an adopted infrastructure charges notice;
(e) to enter into an infrastructure agreement.
5. To exercise the powers of the local government under Chapter 8A of the Act, including
without limitation, the following:
(a) to note registered premises on the planning scheme.
6. To exercise the powers of the local government under Chapter 9 of the Sustainable
Planning Act 2009, including without limitation, the following:
(a) the making available for inspection and purchase of documents which are required
by the Act to be kept available for inspection and purchase;
(b) the maintenance of a register of development applications;
(c) the giving of a limited, standard or full planning and development certificate for a
premises;
(d) the provision of a copy of a document from the register of all development
applications at the request of members of the public;
(e) the publishing on Council's website information about each development
application made to the Council as assessment manager in accordance with the
requirements of the Act.
7. To exercise the powers of the local government under Chapter 10 (Transitional Provisions)
of the Act.
8. To exercise the powers of the local government under the Local Government Act 2009,
including but not limited to the following:
(a) act for the local goverment in legal proceedings including the authority to:
(i) give instructions and act as the authorised agent for the local govemment; and
(ii) sign all documents for the local government.
Page 21 of 30Section 22
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
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GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Delegation No: 2014-35
Delegation Criteria:
9. The Delegated Officer may exercise the powers of the local govemment under the Act for
an application other than the following:
(a) an application for a preliminary approval mentioned in section 242 of the Act to
vary the effect of the planning scheme ;
(b) the approval for a proposed development where there is substantial non-
compliance with a stated policy of the council or a high order provision of the
planning scheme being a desired environmental outcome, or an overall outcome of
a code;
(c) the refusal of any development application where council is the assessment
manager,
(d) requests, including Negotiated Decision requests, to change or cancel conditions
that were imposed by Council at an Ordinary Meeting;
(e) an application for a proposed development of significant community interest;
10. However, the Delegated Officer may exercise the powers of the local government under
the Act for an application where:-
(a) the application has the potential for “deemed approval” in accordance with
sections 330-331 of the Act.; and
(b) the application is for Operational Works for clearing vegetation.
Delegation Administrative Procedure:
11. This delegation is to be exercised in accordance with the relevant Acts.
12. The extent of authority is in accordance with the delegated criteria where stated.
13. The Delegated Officer shall cause a register to be kept of all instances of where this
delegation has been exercised.
14. The following procedure is to be undertaken for this delegation:
(a) The policies of the council must be complied with and in particular any policy related
to entering into an infrastructure agreement in accordance with the power delegated
in paragraph 4(e) of this delegation.
(b) The policies and codes of conduct of the council must be complied with and in
particular, a development application is to be referred to the Council for
determination where a councillor or officer has a material personal interest in the
development application.
Page 22 of 30Section 23
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
3 HEALTHY WATERWAYS NETWORK
Author Coordinator Environmental Services, Ben McMullen
Community Infrastructure
Index Subject/Waterways Management Noosa River;
Customer/ Healthy Waterways
Attachments Nil
PURPOSE
To seek Council’s view on whether to join the Healthy Waterways Network (the Network), which
has been established to facilitate improvements in the ecosystem health of Moreton Bay and
other Coastal freshwater and estuarine waterways in support of the Healthy Waterways Vision:
“By 2026, our waterways and catchments will be healthy ecosystems supporting the livelihoods
and lifestyles of people in South East Queensland, and will be managed through collaboration
between community, government and industry.”
EXECUTIVE SUMMARY
The Healthy Waterways Network is a not for profit, non-government, membership based
organisation that has been established to “facilitate collaborative action to understand and wisely
manage the waterways of South East Queensland”. The Network has been formed from the
previous Healthy Waterways Partnership which was hosted by the Brisbane City Council for
many years, and which Noosa Council maintained financial membership and active involvement
in, until amalgamation in 2008. With the exception of Toowoomba and Noosa, all of the SEQ
region’s local governments are members of the Network.
The Network is a function of the Healthy Waterways Limited corporation, which is also a not for
profit, charitable institution established to advance the vision for healthy waterways in South East
Queensland.
In October 2013, the Healthy Waterways Network Secretariat wrote to the Noosa Transition
Manager requesting Noosa Council make a funding contribution to the Network to 30 June 2014.
In December 2013, Mr Franks (Transition Manager New Noosa Council) provided a commitment
on the new Noosa Council’s behalf to make the financial contribution to the Network based on a
pro rata projection of the new Council’s contribution to 30 June 2014 of $14,080 (+GST). The
contribution has now been made from existing budget.
Healthy Waterways Secretariat have written to the CEO of the Noosa Council (7 February 2014),
inviting Council to formally join the Network. Council’s is requested to delegate authority to the
CEO to sign the Network Deed.
RECOMMENDATION
That Council note the report by the Coordinator Environmental Services to the General
Committee Meeting dated 3 March 2014 and:
A. Agree to join the Healthy Waterways Network;
B. Authorise the CEO to sign the Network Deed on Council’s behalf; and
C. Make provision in the 2014-15 budget for a financial contribution towards the Network
based on existing annual contributions plus CPI.
Page 23 of 30
Section 24
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
BACKGROUND INFORMATION
Healthy Waterways is a not-for-profit, non-government, membership-based organisation working
to protect and improve waterway health in South East Queensland (SEQ). Healthy Waterways
works with its network of member organisations from government, industry, research and the
community to facilitate careful planning and coordinated efforts at local and regional levels to
deliver healthy waterways for the region.
The organisation had its genesis in regional planning processes for South East Queensland in
the late 1990’s. The SEQ Regional Growth Management Strategy identified the need to
understand and management impacts of land use changes in the region on the social and
ecological values of the region’s waterways. By 1998 the Healthy Waterways Partnership had
been established to promote collaborative efforts between government, industry and the
community.
Early efforts focussed on understanding the dynamic of the waterways feeding into Moreton Bay.
In the year 2000 Noosa Council became the last SEQ local government to join the Healthy
Waterways Partnership. At that time the Noosa River Loads and Impacts Study was undertaken
and it was acknowledged that due to its excellent ecosystem health, Noosa River should be
recognised as a reference waterway for the region.
Noosa Council remained a financial member of the Healthy Waterways Partnership up to the
time of amalgamation in 2008. During this period, the Mayor of Noosa was the chair of the
Northern Implementation Group for Healthy Waterways and was a member of the Healthy
Waterways Policy Council (along with the Mayor of Brisbane, Mayor of Ipswich, Mayor of Gold
Coast, Minister for Environment, Minister for Transport, Minister for Local Government and
Planning and the Minister for Natural Resources and Mines).
Noosa Council paid an annual cash contribution to the Healthy Waterways Partnership which
was calculated on a pro-rata basis to assist with the work of the Partnership’s Secretariat and
operation of the Ecosystem Health Monitoring Program (EHMP). The EHMP delivers the annual
Healthy Waterways Report Card assessments for the river catchments of south east
Queensland. In return, Council and the Noosa community had access to a facilitated network of
expertise on waterways management and aquatic ecosystem health. In 2007-08 Noosa
Council’s contribution to Healthy Waterways was $64,303.
The Brisbane City Council hosted the partnership and its secretariat from its formation in 1998 to
2009 when it was decided to create a separate corporate entity. The Sunshine Coast Council
maintained membership of the Healthy Waterways Partnership and became a member of the
Healthy Waterways Network following its creation in 2009. The contribution of most SEQ local
governments to Healthy Waterways was reduced following the creation of the new water utilities
in the region by the State Government in 2009\10.
The Healthy Waterways Network is a corporate entity which is created under the constitution of
Healthy Waterways Pty Ltd. The Network is established to allow for entities wishing to formally
partner and collaborate towards the realisation of the Vision for Healthy Waterways, without
becoming a member of the Pty Ltd company.
The Sunshine Coast Council paid membership of the Healthy Waterways Network for 1 July to
31 December 2013 for the whole of the former Sunshine Coast Local Government Area. In
October 2013, the Healthy Waterways Secretariat wrote to the Transition Manager for the de-
amalgamation of Noosa Council inviting the new Council to become a member of the Healthy
Waterways Network. The Transition Manager wrote to the Healthy Waterways Secretariat in
December 2013 confirming Noosa Council’s financial contribution to the network to 30 June
2014. This contribution has now been made.
Page 24 of 30
Section 25
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
A copy of the Company’s constitution and the Network Agreement are available in the
Councillors room. The Healthy Waterways Network Committee is currently considering changes
to the organisational structure of Healthy Waterways. These changes are not likely to have
significant implications for the general status of member organisations, but are aimed at
streamlining the organisations operations. Council will have an opportunity to provide input to
this process. If changes are made Council will be in a position to reconsider its membership of
the restructured organisation.
PREVIOUS COUNCIL CONSIDERATION
Nil
FINANCE & RISK
If Council chooses to establish and maintain a membership of the Healthy Waterways Network, it
will be required to make annual financial payments towards the Network’s ongoing operations.
The Network contributions for local governments are calculated on a pro-rata basis depending on
population. Council’s contribution for 2013-14 is $28,160 (+GST). The actual amount of
contribution from Noosa Council for 2014-15 has not yet been advised by the Healthy Waterways
Secretariat. However it is anticipated to be similar to the current investment plus CPI. Council
would be in a position to leave the Network at any time without financial penalty, providing there
are no overdue contributions outstanding.
Should Council choose not to maintain membership of the network, it is unlikely that the network
will continue the Ecosystem Health Monitoring Program in the Noosa River catchment and
estuary. Should this occur, Council would no longer have an annual report card for the
ecosystem health of the Noosa river system. Council would also lose access to the other
services provided by the partnership including access to the Scientific Expert Panel,
communication programs, education and monitoring programs, the Water by Design program
and the annual Healthy Waterways Awards ceremony.
CONSULTATION
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
The Coordinator Finance Services has been consulted on the matter.
Departments/Sections Consulted:
Community Infrastructure Community & Development
Asset Planning & Delivery Community Services
Civil Operations Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
Executive Office X Organisational Services
Communications & Governance X Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 25 of 30
Section 26
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
4 KABI KABI NATIVE TITLE CLAIM
Author Chief Executive Officer, Brett de Chastel
Executive Office
Index ECM/ Subject/ Native Title
Attachments 1. Map of Native Title claim area
EXECUTIVE SUMMARY
The Council has received notification that a Native Title claim has been lodged by the Kabi Kabi
First Nation Traditional Owners Native Title Claim Group over a significant part of the broader
south-east Queensland region. The Native Title claim includes the Noosa Shire area. A copy of
the claim area is identified in Attachment 1.
Council has the option of joining as a respondent party to the Native Title claim. Native Title
claims traditionally take many years to resolve with significant consideration of claimants’
connections to the land, establishment of historical and anthropological evidence etc. This
element is generally managed through State government processes. In the early stages of any
title claim, Council’s role will be one of a “watching brief” as the claim develops. If Native Title is
ultimately established, it is at that stage that the Council would examine any potential implications
of the Native Title claim.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the General Committee Meeting
dated 3 March 2014 and:
A. Note the Native Claim No 2013/003 lodged by the Kabi Kabi First Nation Traditional
Owners Native Title Claim Group;
B. Elect to become a respondent party to that Native Title Claim; and
C. Request the CEO to provide a further report to Council on any issues affecting the Noosa
region once the claim is further advanced.
PREVIOUS COUNCIL CONSIDERATION
Nil.
REPORT
Council received details on 18 February 2014 of the Native Title claim lodged by the Kabi Kabi
First Nation Traditional Owners Native Title Claim Group. The claim was actually lodged in the
Federal Court (National Native Title Tribunal) on 31 May 2013. The claim was accepted for
registration in August 2013.
The claim is still in the notification stage. This means that it has been filed and publicly notified
and parties that wish to join as a respondent may do so by filing a relevant notice before 17
March 2014. There are no costs in joining as a respondent prior to that date.
Page 26 of 30
Section 27
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
If the Council has not elected join as a respondent by 17 March, it can choose to do so at a later
but will need to seek leave and make application to the Court for approval to do so which
involves costs.
Historically, Native Title claims take many years to work their way through the court process.
However, the Federal Court has taken a much more strict approach to the management of native
title claims than was the case in previous years. The Court now manages claims to ensure that
claims will be resolved within 3 years from their commencement.
As the claim has only recently been filed, the first step is for the claim group to collate sufficient
historical and anthropological evidence and research to support their assertion to hold Native
Title over the claim area. This claim was filed with the backing of the Land Council (Queensland
South Native Title Services). Information about the historical and anthropological evidence will
be provided to the State Government for review and assessment as part of the claim process. In
other parts of Queensland, Councils generally rely upon the State's assessment of connection
material as they have neither the resources nor expertise to become involved in that process.
Once a claim is made in the Federal Court and notified by the National Native Title Tribunal,
parties with an interest within the claim area that may join as a respondent party. A relevant
interest includes:
the holder of tenure interests (such as the trustee of reserves and other State land within the
claim area);
the owner and operator of infrastructure;
a regulator under laws such as planning schemes, local laws and other laws for which
Councils are responsible; and
operational interests such as maintenance, pest control and other day to day operations of
Council.
Noosa Council should take the opportunity to join as a respondent to the application while we are
able to do so. It is our understanding that Morton Bay Regional Council and Sunshine Coast
Regional Council have elected to become respondents. It is expected that Gympie Regional
Council and Wide Bay Regional Council will also elect to become respondents. However, our role
as a respondent should be to monitor progress of the application, to identify any potential impacts
of the application on our region and to respond to any issues that arise during the process that
relate to the Noosa area.
The CEO has made enquiries of who could represent the Council in relation to this Native Title
application. Council's usual solicitor (Wakefield Sykes) has indicated that this is a specialised
area of law and has suggested that Council retain the services of an experienced solicitor who
has acted for local governments in Queensland on native title issues. The CEO has identified
Jenny Humphris from McDonnells Solicitors in Brisbane as being suitable in that regard.
Once the application proceeds further, more information will be available about any potential
implications in the Noosa region. At that point, a further report will be provided to Council about
the extent and implications of the Native Title claim.
FINANCE & RISK
Given a “watching brief” approach, there should be minimal impact on Council’s ‘legal budget in
the short term.
Page 27 of 30
Section 28
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
CONSULTATION
External Consultation - Community & Stakeholder
Discussions have been held with Council's solicitor (Wakefield Sykes). He has advised that he
does not have any specific expertise in relation to Native Title claims that has suggested that the
Council retained the services of an expert in that area.
Internal Consultation
Discussion undertaken with Council's Strategic Planning unit which has had experience in
dealing with Native Title issues and indigenous history within the Noosa region.
Departments/Sections Consulted:
Community Infrastructure X Community & Development
Asset Planning & Delivery Community Services
Civil Operations x Planning & Development
Environmental Services Health & Regulatory Services
Waste Management Business Facilitation
Community Resilience & Disaster Management
X Executive Office Organisational Services
Communications & Governance Financial Services
Human Resources ICT
De-amalgamation Coordination Property & Contracts
Page 28 of 30
Section 29
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
Page 29 of 30
QUD280/013 files Nationa
©) National
. . me se” Tribunal
Kabi Kabi People (QC2013/003) NORTH sole,
= 0 15
QUD280/013 Kabi Kabi People i 1 Local Govenment Authority Areas —
(QC2013/003) Rosl KILOMETRES
Latitude and Longitude based on Geocentric Datum of Australia 1994
NOTE: To determine areas subject to claim within the external boundary, reference to the application description is necessary. Non Projection
Application boundary data compiled by the NNTT or sourced from DNRM (Qld). © Commonwealth of Australia 2013
oo miter bene — “an wee aenENE Sk en aan ea Qld (21 August 2013). The Registrar, the National Native Title Tribunal and its staff; members and agents and the Commonwealth
adastra! data sour ‘om ‘ment of Natural Resources an lines, ugus! . (collectively the C onwealth) pt no liability and undertaki unt : ti
Topographic vector data is © Commonwealth of Australia (Geoscience Australia) 2001. "te accuracy completeness or face ior pipes of to ination provided. in ret Br youn seceving tis
inf i to relea nd indemnify the Commonwealth and third y dat: liers in res f all
daims, expenses loses, damages and cows rising Gea or niet fom your wae of inrnation an he
Map created by: Geospatial Services, National Native Title Tribunal (15/11/2013) tse of the information you obtained by any third party.
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Page 29 of 30Section 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
CLOSED SESSION
Nil.
Page 30 of 30
GENERAL COMMITTEE MEETING AGENDA 3 MARCH 2014
CLOSED SESSION
Nil.
Page 30 of 30