ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland

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ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland
ATTACHMENTS
   Under Separate Cover

 Ordinary Council Meeting
Wednesday, 5 February 2020
ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland
ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland
Ordinary Council Meeting Attachments                                                                    5 February 2020

Table of Contents
11.1.1 Revised Policies '2/007 Purchasing', '2/016 Regional Price Preference' and 'Business
       Ethics Statement'
       Attachment 1 Current Policy 2/007 Purchasing .......................................................... 4
       Attachment 2 Proposed Updated Policy 2/007 Purchasing Policy ............................ 16
       Attachment 3 Current Policy 2/016 Regional Price Preference ................................. 27
       Attachment 4 Proposed Updated Policy 2/016 Regional Price Preference ............... 30
       Attachment 5 Updated Business Ethics Statement - with tracked changes.............. 33
11.1.2 Retrospective rating of certain port and associated land
       Attachment 1 Extract of rate record regarding retrospective rating of lessees .......... 39
11.1.3 Proposed Rescinding of Policy 1/008 'Vandalism - Reward for Conviction'
       Attachment 1 1/008 Vandalism – Reward for Conviction .......................................... 40
11.1.4 Status of Council Decisions Update
       Attachment 1 Status of Council Decisions as at 21 January 2020 ............................ 41
11.1.5 Port Hedland Yacht Club (PHYC) Self Supporting Loan
       Attachment 1 Letter from PHYC to Town of Port Hedland - Formal request for
                    suspension of loans ............................................................................ 47
11.2.1 Review of Policy 1/010 'Flying of the Aboriginal and Torres Strait Islander Flags'
       Attachment 1 Policy 1/010 'Flying of the Aboriginal and Torres Strait Islander
                    Flags' .................................................................................................. 48
       Attachment 2 Standard Operating Procedure Flags at Civic Centre.......................... 50
       Attachment 3 Standard Operating Procedure Appropriate Disposal of Flags ............ 53
11.2.2 Review of Policy 7/004 'Cultural Affirmation'
       Attachment 1 7 004 Cultural Affirmation-V01-Adopted 25 September 2002 ............ 55
11.3.1 Amendment of 13/014 Trading in Public Places Policy
       Attachment 1 Proposed 13/014 Trading in Public Places Policy with track changes
                    accepted ............................................................................................ 57
       Attachment 2 Current 13/014 Trading in Public Places Policy with track changes
                    applied................................................................................................ 61
11.3.2 Draft Position Statement - Workforce Accommodation Facilities
       Attachment 1 Draft Position Statement - Workforce Accommodation Facilities ........ 65

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ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland
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Flags at Civic Centre

Directorate:     Development, Sustainability & Lifestyle

Status:          Final

Business Unit: Customer Service Team

Application:     Customer Service Team

Objective:       This SOP explains the procedure for raising and lowering of flags at the
                 Civic Centre.

1.   CONTEXT

The Department of the Premier and Cabinet provide protocols for displaying flags at
government buildings.

There are many protocols associated with the flying of flags, some important points are
listed below.

A flag should always be:
    treated with the respect and dignity it deserves
    raised no earlier than first light and lowered no later than dusk
    raised briskly and lowered with dignity
    flown aloft and free, as close to the top of the flag mast as possible and with the
       rope tightly secured; and
    illuminated if flown at night.
A flag should never be:
    allowed to fall or lie upon the ground
    used to unveil monuments or plaques, or cover tables/seats
    flown when in damaged, faded or dilapidated condition
    flown upside down, even as a signal of distress
    flown from the same flag pole as another flag.

2.   FLAG ORDER

From left to right as looking towards the civic centre.

Australian Flag –First raised and last lowered

Aboriginal Flag – 2nd raised 3rd lowered

Torres Strait Islander – 3rd raised, 2nd lowered

TOPH Flag – Last raised, first lowered.

Item 11.2.1 - Attachment 2                                                       Page 50
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Flags this way up

                                                                             TOPH

3.    FLAG PROCEDURES

     Customer Service Officer(s) take flags from the stationery room and raise each
       morning and then lower each evening. The key for the flag poles is in the stationery
       room.
     The Australian National Flag should be raised first and lowered last, unless all
       other flags at the ceremony are raised and lowered simultaneously
     Raise the flag briskly and lower it ceremoniously
     Do not allow the flag to fall or lie on the ground
     Do not raise the flag earlier than first light or lower the flag later than dusk
     The Australian National Flag should fly on the left of a person facing the flags,
       when it is flown with one other national flag
     As the flag poles are not illuminated all flags need to be brought down each
       afternoon.
     Do not fly the flag if it is damaged, faded or dilapidated
     When the material of a flag deteriorates they must be folded and handed to the
       Ranger Services team to dispose of.

Flag Illumination
While protocol requires the flag be illuminated when flown at night, it does not need to be
purpose built lighting. Incidental lighting is sufficient so as long as the street or outside
house lighting keep the flags illuminated during the night this should be acceptable.

Flag Stuck
At times due to weather conditions one or more of the flags may become stuck at the top
of the pole. In these cases all flags are to remain up and Manager of Marketing Events
and Communications informed. Customer Service Staff will then try to lower the following
afternoon. If flag still won’t come down a works request will be submitted to the Depot for
actioning.

Flag Disposal
The protocol for disposal of a flag that has deteriorated is for the flag to either be placed
in a permanent place of storage or it should be destroyed privately and in a dignified way.
Cutting by hand is one option, however, using a shredder or other machinery to assist
would also be acceptable.
At present the Town of Port Hedland does not have specific plans in place for disposing
of flags – they are stored in the stationery room.

Item 11.2.1 - Attachment 2                                                          Page 51
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Flying Flags at Half Mast
Flags are flown in the half-mast position as a sign of mourning.
To bring the flag to the half-mast position, the flag must first be raised to the top of the
mast (the ‘peak’), then immediately lowered slowly to the half-mast position.

When lowering the flag from a half-mast position, it should first be raised briefly to the
peak, then lowered ceremoniously. Under no circumstances should a flag be flown at
half-mast at night, whether or not the flag is illuminated. When flying the Australian
National Flag with other flags, all flags in the set should be flown at half-mast. The
Australian National Flag should be raised first and lowered last.

Customer Service team receive an email from Commonwealth Flag Officer advising
when flags need to be flown at half-mast.

DEFINITIONS

Nil
 Relevant Legislation, Policy,            Nil
 Guideline
 Date approved by Manager                 24 January 2020
 Last Date of Review                      24 January 2020
 Version Control                          Version 1.0
 Enter revision number and detail
 the changes from the last review
 Review Frequency                         2 Yearly

Document Control Statement – The electronic reference copy of this Standard Operating Procedure is
maintained by the each business unit. Any printed copy may not be up to date and you are advised to check
with the relevant business unit to ensure that you have the current version.

Item 11.2.1 - Attachment 2                                                                     Page 52
Ordinary Council Meeting Attachments                                                   5 February 2020

TITLE             APPROPRIATE DISPOSAL OF FLAGS

Directorate:      Development, Sustainability & Lifestyle

Status:           Final

Business Unit: Customer Service / Library / Facilities

Application:      Town of Port Hedland Staff

Objective:        This SOP instructs staff in the approved process of flag disposal.

1.   CONTEXT

This SOP instructs staff in the approved process of flag disposal.

The flag protocols advise that disposal of flag:
     When the material of a flag deteriorates it may either be placed in a permanent place of storage or
     should be destroyed privately and in a dignified way such as cutting it into small unrecognisable
     pieces, placing it in an appropriate sealed bag or closed container and then putting it in the normal
     rubbish collection (https://www.pmc.gov.au/government/australian-national-flag/australian-national-
     flag-protocols).

The flag protocols advise that there is also an Optional Flag Retirement Ceremony:
     In some circumstances it may be fitting to hold a ceremony to mark the retirement of a used Australian
     National Flag. The order of ceremony below is provided as a guide to how such an event could be
     run.

     Introduction/Welcome by Master of Ceremonies
     Acknowledgement of Country
     Comments regarding the history and symbolism of the Australian National Flag (flag to be retired
     brought to be displayed to those in attendance)
     Comments regarding retired flag’s history (where flown, how long, memorable events in that time)
     Speech about retirement of flag (Short Silence while flag is retired)
     The flag can be ceremonially cut into three pieces with solemnity. Two cuts should be done in such
     a way to ensure that the three symbolic elements of the flag are left intact: The Union Jack, The
     Federation Star and the Southern Cross.

     The parts of the flag can be placed in a suitable receptacle and either escorted from the scene or left
     until those attending the ceremony depart. After the ceremony the flag may either be placed in a
     permanent place of storage or should be destroyed privately and in a dignified way such as cutting
     it into small unrecognisable pieces, placing it in an appropriate sealed bag or closed container and
     then putting it in the normal rubbish collection.

     Australian National Anthem is played. Information on Anthem protocol and downloadable music files
     are available on the PM&C website
     Closing Remarks

Item 11.2.1 - Attachment 3                                                                        Page 53
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2.       COMMITTMENT TO FLAG PROTOCOL

Each element of the destruction process is to be met as follows:
    destroyed privately
          o The flags are to be disposed of in a room away from public and other staff
               members view.
    in a dignified way
          o This is done in silence
    cut it into small unrecognisable pieces
          o first the binding with the hooks is cut off so that the fabric is no longer a
               flag that can be attached to a pole
          o the resulting pieces may be of up to 2 colours and cannot be differentiated
               between being a piece of a flag or a piece of 2 colour fabric
    place it in an appropriate sealed bag or closed container
          o places into black garbage bags and knotted shut in such a way as the
               contents cannot be seen and will not come undone
    put it in the normal rubbish collection
          o the bag is then placed in the wheelie bin at the Civic Centre

3.       OPTIONAL FLAG RETIREMENT CEREMONY

The Optional Flag Retirement Ceremony is not the primary method however if occasion
suggests that this is appropriate this is to be discussed with the Manager Marketing,
Events & Communications.

DEFINITIONS

‘Nil.’

If you do use definitions in your IOP, an example of the format is noted below.

“Word”          Add the definition of the word here.
 Relevant Legislation, Policy, Nil
 Guideline
 Date approved by Manager            23 January 2020
 Last Date of Review                 23 January 2020
 Version Control                     Version 1.0
 Enter revision number and detail
 the changes from the last review
 Review Frequency                    2 Yearly

Document Control Statement – The electronic reference copy of this Standard Operating Procedure is
maintained by the each business unit. Any printed copy may not be up to date and you are advised to check
with the relevant business unit to ensure that you have the current version.

Item 11.2.1 - Attachment 3                                                                     Page 54
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Item 11.2.2 - Attachment 1                    Page 55
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Item 11.2.2 - Attachment 1                    Page 56
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13/014 Trading in Public Places
Objective
The objective of this policy is to provide guidance to event organisers, mobile and
temporary food vendors about the processes required for the assessment and
licensing of applications to trade in streets and public places and provide goods and
services to the public.
Content
   1. Approval of Trading in Public Places Applications
Applications for a 12-month TPPs licence may be assessed at any time during the
financial year.
New applications for annual and temporary TPPs licences are to be processed by
authorised officers.
Licences are subject to conditions, including compliance with requirements of this
Policy, the Town’s Public Places and Local Government Property Local Law 2016,
the Food Act 2008 and the Food Regulations 2009.
     2. Registration under the Food Act 2008
In order to trade within the Town under this Policy, all food vendors, including mobile
and temporary food premises, must be registered with the Town under the Food Act
2008, unless eligible for an exemption under the Food Regulations 2009.
Where food is provided or sold to the public, including at local events, the TPPs
application form must be submitted and approved in addition to the registration
certificate where required.
   3. Temporary food premises (i.e. stalls)
Due to the potential for environmental contamination of food within a temporary food
premises, they are not permitted to trade roadside under an annual TPPs licence at
the locations listed in section 6. The trading locations create potential for food
contamination from environmental contaminants including dust, smoke and flying
insects. However, temporary applications may be considered separately, according
to the proposed location of trading and the physical set-up of the temporary
premises.
Temporary food premises must comply with requirements of the Town’s Guidelines
for Temporary Food Stalls, in addition to this Policy at all times.
   4. Food vendors that are not registered with the Town
Prior to approving any TPPs applications from food vendors that are not registered
with the Town, copies of the following documentation may be requested by an
authorised officer:
    Certificate of Registration under the Food Act 2008 with local government
      authority
    Evidence of public liability insurance (minimum value of $20 million)
    Evidence of electrical compliance

   5. Events

Item 11.3.1 - Attachment 1                                                    Page 57
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Special considerations for registered charities, not-for-profit organisations,
community groups and free community events
Any individual applicant that represents a not-for-profit, community group may seek
a waiver of TPPs fees as per the Delegated Authority Register. Any other applicant
may be eligible for a waiver of fees and charges associated with Trading in Public
Places (TPPs), where it can be demonstrated that they are operating under a
‘blanket’ food licence held by the organiser of a free community event; or a
registered charity, not-for-profit (NFP) organisation, or community group that is
organising the event.
When applying for the ‘blanket’ licence, the Town must be provided with the
following:
• A compilation of all TPPs applications that detail all relevant information about the
stallholders and food vendors that are proposed to trade at the event at least 2
weeks prior to the event; and
• Evidence of public liability insurance of a minimum value of $20 million that is
current for the event
Where the purpose of a private food vendor trading is to raise funds for a charitable
cause, or are of a fundraising nature, a waiver of fees may be sought provided that
all proceeds are donated and written evidence is received from the recipient of funds
during the application process.
For any free community event, a blanket food licence may be issued to the event
organiser and all fees associated with vendors trading under this Policy may be
waived as per the Delegated Authority Register.
Traders holding an annual license are not to trade at an event unless they have the
permission of the event organiser. No additional fees will be charged by the Town
for traders holding a valid annual license who are invited to trade at events.
Private events
Private events held on private or local government property that are have no public
access are exempt from requiring TPPs approval.
   6. Roadside trading
Mobile vendors must only trade between 5.00am and 10.00pm at the following
locations:
• Don Rhodes Museum – Wilson Street Port Hedland
• Dreamers Corner – Hamilton Road South Hedland
• Marapikurrinya Park, Port Hedland
• Port Hedland Boat Ramp – Richardson Street Port Hedland
• Yikara Park, Port Hedland
• Wheelbarrow entrance of Wedgefield
Where food vendors intend to trade at a location that is not listed above, a separate
application must be submitted to the Town for assessment. Each application will be
considered separately according to the suitability of the proposed location and the
proposed duration of trading. Successful applicants that hold an annual food
registration with the Town will not be charged application and licensing fees for the
temporary location.

Item 11.3.1 - Attachment 1                                                    Page 58
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The maximum number of mobile food vendors that are permitted to be located at
an approved trading location at any one time is at the discretion of the CEO.
Any vendors identified to be trading in the absence of a TPPs licence may be
required by to cease trading and submit an application form with payment of
prescribed fees before a licence is granted.
       7. Renewal of 12-month Trading in Public Places licences
All 12-month TPPs licences expire at the end of each financial year and are to be
renewed before 30th June. The licence renewals are processed by authorised
officers. Payment of the annual licensing fee prescribed under the financial budget
of that year must be paid prior to a new TPPs licence certificate being issued. Where
provided in the annual budget, pro-rata charges for annual TPP licenses will be
considered for the initial license issued, thereafter annual TPPs licences expire at
the end of each financial year (30th June) and the trader charged the annual rate.
Definitions

Nil.

 Relevant legislation    Food Act 2008
                         Food Regulations 2009
                         Town of Port Hedland Public Places & Local Government
                         Property Local Law 2016
 Delegated authority     Nil
 Business unit           Environmental Health
 Directorate             Regulatory Services

Item 11.3.1 - Attachment 1                                                   Page 59
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 Governance to complete this section
 Version Control       Version No.             Resolution No.           Adoption date
                       V01                     201213/107               26 September
                       V02                     201314/354               2012
                                               201415/227               25 June 2014
                       V03                                              22 April 2015
                                               CM201718/208
                       V04                                              23 May 2018
 Review                Annually
 frequency

Document Control Statement – The electronic reference copy of this Policy is maintained by the
Governance Team. Any printed copy may not be up to date and you are advised to check the
electronic copy at http://www.porthedland.wa.gov.au/documents/public-documents/policies to
ensure that you have the current version. Alternatively, you may contact the Governance Team.

Item 11.3.1 - Attachment 1                                                           Page 60
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13/014 Trading in Public Places
Objective
The objective of this policy is to provide guidance to event organisers, mobile and
temporary food vendors about the processes required for the assessment and
licensing of applications to trade in streets and public places and provide goods and
services to the public.

Content
   1. Approval of Trading in Public Places Applications
Applications for a 12-month TPPs licence may be assessed at any time during the
financial year.
New applications for annual and temporary TPPs licences are to be processed by
authorised officers.
Licences are subject to conditions, including compliance with requirements of this
Policy, the Town’s Public Places and Local Government Property Local Law 2016,
the Food Act 2008 and the Food Regulations 2009.
     2. Registration under the Food Act 2008
In order to trade within the Town under this Policy, all food vendors, including mobile
and temporary food premises, must be registered with the Town under the Food Act
2008, unless eligible for an exemption under the Food Regulations 2009.
Where food is provided or sold to the public, including at local events, the TPPs
application form must be submitted and approved in addition to the registration
certificate where required.
   3. Temporary food premises (i.e. stalls)
Due to the potential for environmental contamination of food within a temporary food
premises, they are not permitted to trade roadside under an annual TPPs licence at
the locations listed in section 6. The trading locations create potential for food
contamination from environmental contaminants including dust, smoke and flying
insects. However, temporary applications may be considered separately, according
to the proposed location of trading and the physical set-up of the temporary
premises.
Temporary food premises must comply with requirements of the Town’s Guidelines
for Temporary Food Stalls, in addition to this Policy at all times.
   4. Food vendors that are not registered with the Town
Prior to approving any TPPs applications from food vendors that are not registered
with the Town, copies of the following documentation may be requested by an
authorised officer:
    Certificate of Registration under the Food Act 2008 with local government
      authority
    Evidence of public liability insurance (minimum value of $20 million)
    Evidence of electrical compliance

Item 11.3.1 - Attachment 2                                                    Page 61
Ordinary Council Meeting Attachments                                5 February 2020

   5. Events
Special considerations for registered charities, not-for-profit organisations,
community groups and free community events
Any individual applicants that represents a not-for-profit, community group may
seek a waiver of TPPs fees as per the Delegated Authority Register. Any other
applicant may be eligible for a waiver of fees and charges associated with Trading
in Public Places (TPPs), where it can be demonstrated that they are operating under
a ‘blanket’ food licence held by the organiser of a free community event; or a
registered charity, not-for-profit (NFP) organisation, or community group that is
organising the event.
When applying for the ‘blanket’ licence, the Town must be provided with the
following:
• A compilation of all TPPs applications that details all relevant information about
the stallholders and food vendors that are proposed to trade at the event at least 2
weeks prior to the event; and
• Evidence of public liability insurance of a minimum value of $20 million that is
current for the event
Where the purpose of a private food vendor trading is to raise funds for a charitable
cause, or are of a fundraising nature, a waiver of fees may be sought provided that
all proceeds are donated and written evidence is received from the recipient of funds
during the application process.
For any free community event, a blanket food licence may be issued to the event
organiser and all fees associated with vendors trading under this Policy may be
waived as per the Delegated Authority Register.
Traders holding an annual licence are not to trade at an event unless they have the
permission of the event organiser. No additional fees will be charged by the Town
for traders holding a valid annual licence who are invited to trade at events.
Private events
Private events held on private or local government property that have no public
access are exempt from requiring TPPs approval.
   6. Roadside trading
Mobile vendors must only trade between 5.00am and 10.00pm at the following
locations:
• Don Rhodes Museum – Wilson Street Port Hedland
• Dreamers Corner – Hamilton Road South Hedland
• Marapikurrinya Park, Port Hedland
• Port Hedland Boat Ramp – Richardson Street Port Hedland
• Yikara Park, Port Hedland
• Wheelbarrow entrance of Wedgefield
Where food vendors intend to trade at a location that is not listed above, a separate
application must be submitted to the Town for assessment. Each application will be

Item 11.3.1 - Attachment 2                                                   Page 62
Ordinary Council Meeting Attachments                                5 February 2020

considered separately according to the suitability of the proposed location and the
proposed duration of trading. Successful applicants that hold an annual food
registration with the Town may not be charged application and licensing fees for the
temporary location. The maximum number of mobile food vendors that are
permitted to be located at an approved trading location at any one time is at the
discretion of the CEO.
Any vendors identified to be trading in the absence of a TPPs licence may be
required by to cease trading and submit an application form with payment of
prescribed fees before a licence is granted.

       7. Renewal of 12-month Trading in Public Places licences
All 12-month TPPs licences expire at the end of each financial year and are to be
renewed before 30th June. The licence renewals are processed by authorised
officers. Payment of the annual licensing fee prescribed under the financial budget
of that year must be paid prior to a new TPPs licence certificate being issued. Where
provided in the annual budget, pro-rata charges for annual TPP licences will be
considered for the initial licence issued, thereafter annual TPPs licences expire at
the end of each financial year (30th June) and the trader charged the annual rate.

Definitions

Nil.

 Relevant legislation    Food Act 2008
                         Food Regulations 2009
                         Town of Port Hedland Public Places & Local Government
                         Property Local Law 2016
 Delegated authority     Nil
 Business unit           Environmental Health
 Directorate             Regulatory Services

Item 11.3.1 - Attachment 2                                                   Page 63
Ordinary Council Meeting Attachments                                       5 February 2020

 Governance to complete this section
 Version Control       Version No.             Resolution No.           Adoption date
                       V01                     201213/107               26 September
                       V02                     201314/354               2012
                                               201415/227               25 June 2014
                       V03                                              22 April 2015
                                               CM201718/208
                       V04                                              23 May 2018
 Review                Annually
 frequency

Document Control Statement – The electronic reference copy of this Policy is maintained by the
Governance Team. Any printed copy may not be up to date and you are advised to check the
electronic copy at http://www.porthedland.wa.gov.au/documents/public-documents/policies to
ensure that you have the current version. Alternatively, you may contact the Governance Team.

Item 11.3.1 - Attachment 2                                                           Page 64
Ordinary Council Meeting Attachments                                                 5 February 2020

                                                                             Position Statement
WORKFORCE ACCOMMODATION FACILITIES

1. Purpose

The position statement provides the rationale behind the Town of Port Hedland’s policy position in relation
to the approval and management of workforce accommodation facilities (‘workforce accommodation’).

The position statement should be read in conjunction with the Town of Port Hedland Local Planning
Strategy (‘Local Planning Strategy’), Town of Port Hedland Local Planning Scheme (‘the Scheme’), the
Town of Port Hedland Local Planning Policy LPP/05 - Workforce Accommodation Policy (currently under
development) and the Town of Port Hedland Local Planning Policy LPP/06 - Social Impact Assessment
(currently under development).

The position statement applies to the Town of Port Hedland local government area. The position statement
does not apply to existing developments unless applications are made to vary approvals.

Workforce accommodation approved pursuant to State Agreement Acts and the Mining Act 1978 are
exempt to the extent that the provisions of those Acts override the Planning and Development Act 2005
and the Scheme.

The position statement does not bind the Council of the Town of Port Hedland (‘the Council’) in assessing
a proposal for workforce accommodation under the Scheme.

2. Position Statement

The Town of Port Hedland has a vision to be Australia’s leading Port Town, growing small to medium
enterprises to support industry and community; undertaking lands and infrastructure planning for economic
and population growth and diversification; and creating liveable towns through enhanced amenity and
cultural activities. Strong and effective partnerships between the Town of Port Hedland, industry,
government and its residents are key to the achievement of this vision.

Proposals for workforce accommodation and significant variations to existing approvals will require a clear
demonstration of demand for the accommodation; the conduct of a Social Impact Assessment (‘SIA’) and
Social Impact Management Plan (‘SIMP’) to identify and offset impacts and realise associated benefits;
and consideration of a community benefit or legacy arrangements that result in a net social, economic or
environmental benefit for the community.

There are five main types of workforce accommodation:
- Construction workforce for major projects where the workforce is temporary, large-scale and work
   extended hours;
- Construction workforce for general projects and subcontractors which tend to be engaged for a short-
   term, have changeable shift patterns and seek workforce accommodation facilities provided by
   independent operators;
- Periodic maintenance shut down workforce for major projects which tend to be engaged very short-
   term, comprise multi-skilled teams and have extended shifts;
- Operational workforce which tend to be a long-term workforce which may have shorter shifts and
   respond to ongoing project operations; and
- Driver’s accommodation which tend to be occupied by drivers with changeable shift patterns who
   deliver goods or materials to, or collect goods or materials from, an approved truck stop.

   Item 11.3.2 - Attachment 1                                                                     Page 65
Ordinary Council Meeting Attachments                                                   5 February 2020

The Town of Port Hedland recognises that workforce accommodation is a legitimate means of providing
accommodation to respond to short-term demands such as construction workforces, periodic
maintenance shutdown workforces, and for long distance freight transport workforces, and in this context
are an invaluable accommodation resource for industry.

Unless exceptional circumstances apply and depending on the distance from Port Hedland, the town
supports permanent residential settlement for operational workforces that enhance community integration,
growth and sustainability and mental health outcomes for industry workers. Where operational workforce
accommodation is used, industry should give due regard to the development of plans to transition workers
to residential accommodation options.

The Town of Port Hedland supports workforce accommodation for projects located within reasonable
proximity of Port Hedland, being collocated within the Town in accordance with the zoning requirements
of the Scheme. This excludes Drivers’ Accommodation where accommodation is small scale and likely to
have limited impact on the Town.

Remote workforce accommodation should be of a requisite standard and amenity to support the health
and wellbeing of workers.

Where operational workers are accommodated in workforce accommodation on a longer-term basis, the
accommodation should be commensurate with the location of the facility. Town-based operational
workforce accommodation must be of a high design standard, reflecting permanent quality residential
apartments suitably integrated with surrounding development. The quality of the accommodation facility
and degree of community integration will be factors considered in an approval of an extension of time for
the facility.

Operational workforce accommodation should not provide services that are widely available in the town.

Generally, workforce accommodation will be subject to a time limited approval in acknowledgement of its
temporary and transitional use. Accommodation that meets quality design criteria and is appropriately
located may be considered for permanent approval.

3. Underpinning principles

The position paper and accompanying policies are founded on the following principles:

    Corporate social responsibility – organisations have a degree of responsibility not only for the
      economic consequences of their activities, but also for the social and environmental implications.1
    Collaboration – development of meaningful partnerships between the Town of Port Hedland,
      industry and government in realising the strategic vision for Port Hedland.
    Genuine community engagement – a firm commitment to upfront and ongoing engagement
      relevant to the scale and complexity of the development and management of the workforce
      accommodation, its impacts and benefits.
    Transparency and honesty - in the exchange of information between Industry and the Town of Port
      Hedland on the demand for, and management and lifespan of, workforce accommodation.
    Recognition that economic development is multifaceted and that industry, government, local
      government and community are key to the achievement of economic outcomes.
    Cultural respect and enhancement – recognition of Indigenous land ownership and culture.

   1 Commonwealth of Australia, Australian Human Rights Commission. Available at:
   https://www.humanrights.gov.au/our‐work/corporate‐social‐responsibility‐human‐rights

   Item 11.3.2 - Attachment 1                                                                    Page 66
Ordinary Council Meeting Attachments                                                              5 February 2020

4. Background

  Workforce accommodation is defined under the Planning and Development (Local Planning Schemes)
  Regulations 20152 as a premise, which may include modular or relocatable buildings, used -

                (a) Primarily for the accommodation of workers engaged in construction, resource,
                    agricultural or other industries on a temporary basis; and
                (b) For any associated catering, sporting and recreation facilities for the occupants and
                    authorised visitors

  Western Australia hosts the highest number of fly-in, fly-out workforces (‘FIFO workforces’) in Australia.3

  If not planned for appropriately, workforce accommodation, both individually and cumulatively, can have
  significant direct and indirect impacts on the economic and social wellbeing of towns by:
                 negatively impacting the lifestyle of local residents
                 temporarily and significantly changing the demographic of the community, making it
                    difficult for long term planning and investment
                 placing additional demand on physical and community infrastructure and services,
                    including local government resources, with limited financial offset
                 distorting commercial activity through reliance on self-contained facilities, limited
                    wage/salary investment and lack of surety about ongoing business opportunities
                 inflating the housing market
                 undermining the amenity of adjacent areas through non-complementary building design

  A well-planned proposal for workforce accommodation benefits the town, local businesses, industry
  proponents and FIFO workforces by:
               establishing a process of upfront and ongoing engagement with the community to
                 identify and mitigate/manage impacts, harness project opportunities, respond to
                 community expectations and resolve misunderstandings
               planning for, and offsetting, demand on limited physical and community infrastructure
                 and services, and the community’s social structure, through applying a defined process
                 of economic and social impact assessment and management
               revealing issues relevant to land use planning decisions, resulting in a more
                 environmentally, economically and socially sustainable environment
               potentially reducing development approval timeframes and associated costs by
                 applying a consistent and structured planning and approvals process
               collocating workforce accommodation to achieve mutual benefit through community
                 and service integration
               providing transition processes (where relevant) from workforce accommodation to
                 residential settlement within the Town
               enhancing the amenity and safety of the accommodation and ancillary developments
                 for workforces and adjacent residents
               understanding community values, identity and cultural beliefs
               effectively managing the supply and use of accommodation and associated
                 redundancy, including during resource sector economic cycles

5. Development requirements

  2 Planning and Development (Local Planning Schemes) Regulations 2015 (WA), Sch 1, Pt 6, Div 2, cl.38
  3 Parliament of the Commonwealth of Australia, House of Representatives Standing Committee on Industry,
  Innovation, Science and Resources, Keep it in the regions: mining and resources industry support for businesses in
  regional economics, November 2018., p135.

  Item 11.3.2 - Attachment 1                                                                                   Page 67
Ordinary Council Meeting Attachments                                                 5 February 2020

  The Planning and Development Act 2005 empowers the Western Australian Planning Commission
  (‘WAPC’) and local governments to prepare planning instruments that establish development controls.
  The primary planning instruments developed pursuant to the Act, relevant to the Town of Port Hedland
  are the:
               State Planning Strategy 2050
               Pilbara Planning and Infrastructure Framework (2012)
               State Position Statement: Workforce Accommodation (January 2019)
               Town of Port Hedland Local Planning Strategy
               Town of Port Hedland Local Planning Scheme
               Town of Port Hedland Local Planning Policy LPP/05 – Workforce Accommodation
                 (currently under development)
               Town of Port Hedland Local Planning Policy LPP/06 - Social Impact Assessment
                 (currently under development)

  The State government may make arrangements with companies directly regarding workforce
  accommodation under State Agreement Acts and the Mining Act 1978. These can vary the application
  of the Planning and Development Act 2005 to workforce accommodation.

  In applying this framework, the Town of Port Hedland aims to balance industry competitiveness and
  national and State economic outcomes with regional development aspirations for its communities.

  Further information on the effect of these legislative and planning instruments can be found in the Town
  of Port Hedland Local Planning Policy LPP/05 - Workforce Accommodation (currently under
  development).

6. Community benefit or legacy

  Workforce accommodation, both individually and cumulatively, can have adverse effects on community
  lifestyles, infrastructure and services, as well as community sustainability.

  Host communities and mining companies are dependent on one another and mutually beneficial
  relationships can be developed through planning and industry contribution.

  Investment in the Town of Port Hedland embeds the company as an intrinsic part of the community,
  supporting residents to achieve their vision by creating sustainable value, while assisting the company
  to navigate complex social issues. This is known in the resource sector as a social license to operate
  or more recently, companies creating ‘social value’.

  The Scheme provides for the making of agreements for community contributions for workforce
  accommodation developments, the basis of those agreements and the application of contributions.
  Contributions and legacy benefits assist the Town of Port Hedland and other community organisations
  to deliver infrastructure, services and programs that support community and attract and retain industry
  and supply chain workforces.

  Not negating the above contributions, companies can also support communities through local
  employment, procurement and industry skills development, and patronising local businesses and
  services, as opposed to establishing duplicate infrastructure.

  Further, and perhaps most significantly, companies can consider residential placement of their
  workforces to sustain and grow the Town.

  The Town of Port Hedland may negotiate with applicants for further community contributions when
  applications for variations to an existing approval are made.

  Item 11.3.2 - Attachment 1                                                                     Page 68
Ordinary Council Meeting Attachments                                            5 February 2020

7. Further information

  Proponents are encouraged to consult with Town Planning and Development staff, including technical
  assessment of the proposal on 9158 9300 or eplanning@porthedland.wa.gov.au.

  Item 11.3.2 - Attachment 1                                                               Page 69
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