MINUTES COUNCIL MEETING 25 MARCH 2021 - Agendas and Minutes
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MINUTES COUNCIL MEETING 25 MARCH 2021
2
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS: ....... 4
2. ANNOUNCEMENTS BY THE PRESIDENT: ............................................ 4
3. ATTENDANCE: ........................................................................................ 4
4. DECLARATIONS OF INTEREST: ............................................................ 5
5. PUBLIC QUESTION TIME:....................................................................... 5
6. PRESENTATIONS: .................................................................................. 6
7. CONFIRMATION OF MINUTES: .............................................................. 6
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: ............ 6
28414 8.1 Notice of Motion - Proposed Draft Local Planning
Scheme No 5 Provisions Relating to Industry -
Extractive............................................................................ 6
9. COUNCIL OFFICERS’ REPORTS: ........................................................ 12
28415 9.1.1 Consideration of Submissions and Final Adoption
of Shire of Manjimup Cat Local Law 2021 ........................ 14
28416 9.1.2 Request for Three Year Funding Extension from
the Shire of Manjimup for the Southern Forests
Food Council Inc. ............................................................. 18
28417 9.2.1 Proposed Lease to Northcliffe Men's Shed
Incorporated ..................................................................... 21
28418 9.3.1 Council Financial Payments February 2021 and
Credit Card Payments January 2021 ............................... 24
28419 9.3.2 Local Government Compliance Audit Return 1
January 2020 to 31 December 2020 ................................ 28
28420 9.3.3 Monthly Financial Activity Statement - January
2021 ................................................................................. 32
28421 9.5.1 Potential for Coastal Grants - Windy Harbour
Settlement ........................................................................ 35
28422 9.5.2 Proposed Retrospective Application for Industry-
Rural (Packing), a Wayside Stall and Barbeque
Facilities and New Ablutions and Office at Lot 601
(745) Seven Day Road, Jardee ........................................ 40
28423 9.5.3 Proposed Change of Use (Restaurant and Small
Bar) to Industry - Service at Lot 183 (5) Pritchard
Street, Manjimup .............................................................. 50
28424 9.5.4 Request for Reconsideration Proposed Advertising
Device (Remote Sign) at Lot 8395 (1277)
Balbarrup Road, Palgarup ................................................ 57
28425 9.5.5 Delegated Planning Decisions for February 2021 ............ 61
28426 9.5.6 Proposed Outbuilding at Lease 309 Fishermans
Place, Windy Harbour ...................................................... 64
28427 9.7.1 Proposed Rescission of Policy 5.2.4 - Disabled
Parking Bays Identification and Enforcement ................... 69
28428 9.9.1 Proposed New Policy 3.1.7 Manjimup Heritage
Park Collections ............................................................... 71
Minutes - Ordinary Meeting of Council - 25 March 2021
3
28429 9.15.1 Unconfirmed Minutes of the Audit Committee
Meeting Held 4 March 2021 ............................................. 75
28430 9.15.2 Unconfirmed Minutes of the Airfield Management
Committee Meeting held on 24 February 2021 ................ 77
28431 9.16.1 Unconfirmed Minutes of the Access & Inclusion
Advisory Committee Meeting held 11 February
2021 ................................................................................. 80
28432 9.16.2 Unconfirmed Minutes of the Manjimup Heritage
Park Advisory Committee Meeting Held on 9 March
2021 ................................................................................. 83
28433 9.16.3 Unconfirmed Meeting Minutes of the Northcliffe
Town Activitation Committee Meeting held on 2
March 2021 ...................................................................... 85
28434 9.16.4 Minutes of the Northcliffe Town Hall Management
Committee 7 September 2020 and Unconfirmed
Minutes of 8 March 2021 .................................................. 88
10. LATE REPORTS: ................................................................................. 94
11. QUESTIONS FROM MEMBERS: ........................................................... 94
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: 94
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
DECISION OF THE MEETING: ............................................................ 94
14. MEETING CLOSED TO THE PUBLIC: ................................................... 95
15. APPLICATIONS FOR LEAVE OF ABSENCE:........................................ 97
16. CLOSURE: ............................................................................................. 97
Minutes - Ordinary Meeting of Council - 25 March 2021
4
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Jarrah Room,
Pemberton Sports Club, Thursday, 25 March 2021.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open at 5.30pm and
acknowledged the presence of former Councillor David Pottinger.
2. ANNOUNCEMENTS BY THE PRESIDENT:
The Shire President made the following announcements:
The Australian Labor Party has won the WA State Election.
Jane Kelsbie is the new Member for Warren-Blackwood.
I attended the Warren Agricultural show and Karri Valley
Triathlon.
Forestry won the cricket grand final against Boyup Brook.
I Attended a Local Government Insurance Scheme Board
meeting.
I attended the Climate Change and Community Strategic
Planning Workshops in Manjimup and Pemberton.
I attended the Aboriginal Cultural Awareness Workshop
facilitated by Auspire.
I attended Targa Rally Dinner with Councillors Ventris,
Lawrence, Eiby and Skoss with their guests.
I attended Black Dog Ride with councillors Ventris and
Lawrence.
I attended the opening of three new tennis courts at Manjimup
Senior High School.
I attended the celebration of the life of Major General Michael
Jefferies former Governor of WA and Australian Governor
General at the invitation WA Governor Honourable Kim
Beasley at Government House.
I am advised that the Jazz in the Jarrah concert was a great
success.
The Basketball finals in Pemberton and Manjimup, according to
Councillor Taylor were a great success.
3. ATTENDANCE:
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr S Dawson Vidovich
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr K Skoss
Minutes - Ordinary Meeting of Council - 25 March 2021
5
Cr D Tapley
Cr R Taylor
Cr M Ventris
Staff
Mr Andrew Campbell (Chief Executive Officer)
Mr Greg Lockwood (Director Business)
Mrs Liz Lockyear (Acting Director Community Services)
Mr Brian Robinson (Director Development & Regulation)
Mr Michael Leers (Director Works & Services)
Ms Gaye Burridge (Corporate Administration Officer)
Mr Jason Giadresco (Senior Governance Officer)
Gallery
Gavin Booth
David Coomer
Jocelyn Baister
David Pottinger
Alma Pottinger
3.1 Apologies: Nil
3.2 Leave Of Absence:
3.2.1 Councillor Jayde Darin was granted a Leave of Absence
at the 17 December 2020 Council Meeting for this Council
Meeting.
3.2.2 Councillor Cliff Winfield was granted a Leave of Absence
at the 21 January 2021 Council Meeting for this Council Meeting.
4. DECLARATIONS OF INTEREST:
The Chief Executive Officer advised that he has received Impartiality
Interests from Councillors Omodei, Taylor and Jenkins and a Financial
Interest from Councillor Taylor.
Councillor Omodei declared an Impartiality Interest in Item 9.1.2 as he is a
member of the Southern Forests Food Council.
Councillor Jenkins declared an Impartiality Interest in Item 9.1.2 as she is
a member of the Southern Forests Food Council.
Councillor Taylor declared an Impartiality Interest in Item 9.5.4 as he is
related to the owner, and a Financial Interest in Items 9.5.1 as he is the
leaseholder of Site 239 Windy Harbour and Item 9.1.2 as he is a member
of the Southern Forests Food Council.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil
Minutes - Ordinary Meeting of Council - 25 March 20216
5.2 Public Question Time
5.2.1 Gavin Booth - Re Proposed Change of Use (Restaurant
and Small Bar) to Industry - Service at Lot 183 (5) Pritchard
Street, Manjimup.
Asked if Councillors had any questions for him regarding
the item at Council.
6. PRESENTATIONS:
6.1 Petitions: Nil
6.2 Presentations: Nil
6.3 Deputations: Nil
6.4 Delegates’ reports: Nil
6.5 Conference reports: Nil
7. CONFIRMATION OF MINUTES:
MOVED: Lawrence, K SECONDED: Ventris, M
28413
That the Minutes of the Ordinary Meeting of the Council held on 4
March 2021 be confirmed.
CARRIED: 9/0
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
8.1 Notice of Motion - Proposed Draft Local Planning Scheme No 5
Provisions Relating to Industry - Extractive
PROPONENT Cr Jenkins
OWNER N/A
LOCATION / ADDRESS: N/A
WARD: All
ZONE: Various
DIRECTORATE: Development & Regulation
FILE REFERENCE: F180072
LEGISLATION: Planning and Development Act 2005
AUTHOR: Brian Robinson
DATE OF REPORT: 11 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
At its Ordinary Meeting held on 4 March 2021, Cr Jenkins advised of the
following Notice of Motion in respective of the future provisions relating to
Industry-Extractive to be included in Draft Local Planning Scheme No 5:
Minutes - Ordinary Meeting of Council - 25 March 20217
That Council request the Chief Executive Officer arrange for the provisions
of draft Local Planning Scheme No 5 to modify the Scheme provisions
relating to Industry – Extractive as follows:
a) Change the use class from an “A” use to a “D” use within the Priority
and General Agriculture Zones; and
b) Introduce a clause relating to the Priority Agriculture and General
Agriculture Zones to require the advertising of proposals for Industry –
Extractive, only where the use does not comply with the minimum
separation guidelines for Separation Distances between Industrial and
Sensitive Land Uses as set out in the Environmental Protection
Authority – Guidance for the Assessment of Environmental Factors
June 2005 (as amended).
The purpose of this agenda item is to provide elected members with advice
regarding the Notice of Motion and the potential provisions that could be
considered for inclusion in the Shire of Manjimup’s Draft Local Planning
Scheme No 5.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
In order to assist Council in considering the Notice of Motion, the following
advice and comments are provided:
Land Use Definition
The provisions of Local Planning Scheme No 4 (the Scheme) define an
Industry – Extractive as follows:
“Industry – Extractive” means an industry which involves the extraction,
quarrying or removal of sand, gravel, clay, hard rock, stone or similar
material from the land and includes the treatment and storage of those
materials on, or adjacent to, the land from which the materials are
extracted, but does not include industry-mining.
Land Use Permissibility
The Scheme identifies that Industry – Extractive is an “A” use within the
Priority Agriculture, General Agriculture, Rural Small Holdings, Industry and
Future Development Zones. An “A” use being a use that is “not permitted
unless the local government has exercised its discretion by granting planning
approval after giving special notice in accordance with Clause 9.6”.
Industry-Extractive is a prohibited use in all other zones applied by the
Scheme.
Requirements of Clause 9.6
In accordance with clause 9.6, the Scheme sets out the requirements the
requirements for giving special notice (advertising) relating to applications for
development approval.
Minutes - Ordinary Meeting of Council - 25 March 20218
These provisions are superseded, to the extent of any inconsistency, by the
“Deemed to Apply Provisions for Local Planning Schemes” (Deemed to Apply
provisions) as outlined in the Planning and Development (Local Planning
Schemes) Regulations 2015. In accordance with clause 64 of the Deemed to
Apply provisions, uses identified as “A” uses in the Zoning Table are required
to be advertised for public comment for a period of 14 days, by doing any or
all of the following as determined by the local government
(a) Publishing in accordance with clause 87-
(i) A notice of the proposed development in the form set out in
Clause 86(3); and
(ii) The application for development approval; and
(iii) Any accompanying material in relation to the application that
the local government considers should be published;
(b) Giving notice of the proposed development to owners and occupiers
of properties in the vicinity of the development who, in the opinion of
the local government, are likely to be affected by the granting of
development approval;
(c) Erecting, in the manner and form approved by the Commission, a sign
or signs in a conspicuous place on the land the subject of the
application giving notice of the proposed development in the form set
out in clause 86(3).
As detailed in clause 87 of the Deemed to Apply provisions, “publishing” of the
notice must as a minimum involve publishing the document on the website of
the local government or alternatively a “hyperlink to a webpage on which the
document is published”. In accordance with clause 87(4) of the Deemed to
Apply provisions, if “the local government considers that it is appropriate in the
circumstances for the notice to be published in a newspaper, the local
government must also ensure that the notice is published in a newspaper in
the relevant locality in the local government district.”
Potentially Affected Properties
The Environmental Protection Authority (EPA) provides guidance to applicants
and responsible authorities on the measures required to protect the amenity of
sensitive land uses through the EPA Guidance Statement – Separation
Distances between Industrial and Sensitive Land Uses dated June 2005.
These guidelines are given effect through the provisions of the Western
Australian Planning Commission Statement of Planning Policy 4.1 – State
Industrial Buffer Policy.
As identified in the EPA guidelines, land uses considered to be potentially
sensitive to emissions from industry and infrastructure include, but are not
limited to residential developments, hotels, motels, caravan parks and schools
and some commercial activities/premises which require a high level of
amenity. The guidelines provide advice on generic separation distances to
avoid or minimise the potential for land use conflict.
In terms of extractive industries, the guidelines recommend the following
generic buffer distances from sensitive premises:
Minutes - Ordinary Meeting of Council - 25 March 20219
Industry Description of Industry Potential Impacts Buffer
Extractive IndustriesQuarrying (including Noise, dust and 1,000m
– hard rock, darling blasting), crushing and risk.
scarp screening.
- not hard rock Blasting, grinding and Noise, dust and Case by
milling or separated by risk. case.
sieving, aeration etc.
- no blasting Grinding and milling or Noise and dust. Case by
conducted separated by sieving, case.
aeration etc.
- sand and No grinding or milling Noise and dust. 300-500
limestone works. depending
on size.
As reflected within the EPA Guidelines, the generic buffers are a default
distance, providing guidance on separation distances in the absence of site-
specific technical studies. Where the separation distance is less than the
generic distance, a site specific scientific based study is recommended to
demonstrate that a lesser distance will not result in unacceptable impacts.
Current Advertising Practice
Currently Shire Officers undertake the advertising of planning applications,
including proposals for Industry-Extractive, in accordance with Local Planning
Policy No 6.1.2 – Advertising of Planning Applications. As prescribed within
the Policy, applications for land uses classified as either an “A” class land use
or “Use not listed” are advertised for a period of 21 days in the following
manner:
a) Erection of a sign on site;
b) Correspondence to relevant government agencies;
c) Correspondence to adjacent and nearby landowners;
d) Advertisement in the Local Paper;
e) Listing on the Shire website; and
f) Advice to the Ward Councillor(s).
In reference to the extent of landowners, the Policy outlines that all
landowners located within recommended buffer distances, as identified in the
EPA Guidelines, shall be notified of the proposal.
Future Scheme Provisions
Shire Officers are currently working on the production of Draft Local Planning
Scheme No 5. Given this, there is an opportunity for elected members to
consider revising the current scheme provisions as they relate to Industry –
Extractive. Potential changes could include:
- Changing the land use permissibility within identified zones; and
- Limiting the need for consultation where a site specific scientific study
is submitted in support of an application.
Minutes - Ordinary Meeting of Council - 25 March 202110
With respect to a potential change in the land use permissibility within
identified zones, land located within the Priority Agriculture and General
Agriculture Zone are generally large parcels, with the Scheme requiring a
minimum lot size of 40ha to 80ha. On such size properties there is the
potential for required buffers to be wholly contained within the property and/or
their impact on adjacent land to be minimised. Given this there may be merit
to remove the requirement for all such proposals to be advertised under the
future Scheme.
With respect to Rural Small Holdings, Industry and Future Development
Zones, properties within these zones are, generally speaking, significantly
smaller and therefore the ability to limit the impacts on adjacent land holdings
is reduced. For this reason, it is recommended that the “A” land use
permissibility be retained and all such applications be advertised for public
comment.
Conclusion
As detailed above, there is potential for the future Scheme provisions to be
modified to reduce the requirements for advertising of proposals for Industry-
Extractive land uses. To do so, it will be necessary for the land use
permissibility to be changed from an “A” use to a “D” use within the Priority
and General Agriculture Zones.
Whilst Shire Officers do not object to the proposed change in land use
permissibility, advertising of proposals that have potential to impact on
adjacent sensitive land uses is still highly recommended. This requirement
should in the opinion of Shire Officers only be waived where appropriate
scientific studies are submitted in support of an application, demonstrating
that detrimental impacts and/or land use impacts will not occur.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005.
POLICY / STRATEGIC IMPLICATIONS:
A reduction in the level of advertising required in respect of land use
proposals such as Industry-Extractive would be consistent with Community
Goal 2.3 as identified in the Shire of Manjimup’s Strategic Community Plan
2019-2029, which states:
2.4 Industry and development is not hindered by excessive or complex
compliance regulations.
This must however be balanced against Community Goals 5.3 and 5.4, which
state:
5.4 Community participation in decision is maximised.
5.5 The Shire communicates effectively with all its communities.
Continued consultation with landowners that may be impacted on by the
operation of an Industry-Extractive is consistent with the recommendations of
the Strategic Community Plan 2019-2029.
Minutes - Ordinary Meeting of Council - 25 March 202111
ORGANISATIONAL RISK MANAGEMENT:
There is a risk that landowners in the vicinity of an Industry-Extractive may be
aggrieved if they are not made aware of such proposals through a public
consultation process, resulting in an increased level of complaint once such
uses are permitted.
Failing to consult with members of the community that may be impacted on by
the operation of an Industry-Extractive could be considered to be contrary to
Community Goals relating to effective consultation with the community as
outlined within the Shire of Manjimup’s Strategic Community Plan 2019-2029.
FINANCIAL IMPLICATIONS:
The costs associated with processing an application for Industry-Extractive
would be reduced for both the Shire and applicants if requirements for on-site
signage and/or advertising within the local newspaper are removed.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: As per the comment under Organisational Risk Management section
above.
VOTING REQUIREMENTS: SIMPLE MAJORITY
COUNCILLOR JENKINS RECOMMENDATION:
That Council Request the Chief Executive Officer arrange for the
provisions of draft Local Planning Scheme No 5 to modify the Scheme
provisions relating to Industry – Extractive as follows:
a) Change the use class from an “A” use to a “D” use within the
Priority and General Agriculture Zones; and
b) Introduce a clause relating to the Priority Agriculture and
General Agriculture Zones to require the advertising of
proposals for Industry – Extractive, only where the use does
not comply with the minimum separation guidelines for
Separation Distances between Industrial and Sensitive Land
Uses as set out in the Environmental Protection Authority –
Guidance for the Assessment of Environmental Factors June
2005 (as amended).
COUNCIL RESOLUTION
MOVED: Jenkins, D SECONDED: Tapley, D
28414
That Council request the Chief Executive Officer arrange for the
provisions of draft Local Planning Scheme No 5 to modify the Scheme
Minutes - Ordinary Meeting of Council - 25 March 202112
provisions relating to Industry – Extractive as follows:
a) Change the use class from an “A” use to a “D” use within the
Priority and General Agriculture Zones; and
b) Introduce a clause relating to the Priority Agriculture and
General Agriculture Zones to require the advertising of
proposals for Industry – Extractive, only where the use does
not comply with the minimum separation guidelines for
Separation Distances between Industrial and Sensitive Land
Uses as set out in the Environmental Protection Authority –
Guidance for the Assessment of Environmental Factors June
2005 (as amended).
MOTION CARRIED 6/3
FOR AGAINST
Cr D Jenkins Cr S Dawson Vidovich
Cr K Lawrence Cr W Eiby
Cr K Skoss Cr P Omodei
Cr D Tapley
Cr R Taylor
Cr M Ventris
9. COUNCIL OFFICERS’ REPORTS:
9.1.1 Consideration of Submissions and Final Adoption of Shire of
Manjimup Cat Local Law 2021
9.1.2 Request for Three Year Funding Extension from the Shire of
Manjimup for the Southern Forests Food Council Inc.
9.2.1 Proposed Lease to Northcliffe Men's Shed Incorporated
9.3.1 Council Financial Payments February 2021 and Credit Card
Payments January 2021
9.3.2 Local Government Compliance Audit Return 1 January 2020 to 31
December 2020
9.3.3 Monthly Financial Activity Statement - January 2021
9.5.1 Potential for Coastal Grants - Windy Harbour Settlement
9.5.2 Proposed Retrospective Application for Industry-Rural (Packing), a
Wayside Stall and Barbeque Facilities and New Ablutions and
Office at Lot 601 (745) Seven Day Road, Jardee
9.5.3 Proposed Change of Use (Restaurant and Small Bar) to Industry -
Service at Lot 183 (5) Pritchard Street, Manjimup
9.5.4 Request for Reconsideration Proposed Advertising Device
(Remote Sign) at Lot 8395 (1277) Balbarrup Road, Palgarup
9.5.5 Delegated Planning Decisions for February 2021
9.5.6 Proposed Outbuilding at Lease 309 Fishermans Place, Windy
Harbour
9.7.1 Proposed Rescission of Policy 5.2.4 - Disabled Parking Bays
Identification and Enforcement
9.9.1 Proposed New Policy 3.1.7 Manjimup Heritage Park Collections
9.15.1 Unconfirmed Minutes of the Audit Committee Meeting Held 4
Minutes - Ordinary Meeting of Council - 25 March 202113
March 2021
9.15.2 Unconfirmed Minutes of the Airfield Management Committee
Meeting held on 24 February 2021
9.16.1 Unconfirmed Minutes of the Access & Inclusion Advisory
Committee Meeting held 11 February 2021
9.16.2 Unconfirmed Minutes of the Manjimup Heritage Park Advisory
Committee Meeting Held on 9 March 2021
9.16.3 Unconfirmed Meeting Minutes of the Northcliffe Town Activation
Committee Meeting held on 2 March 2021
9.16.4 Minutes of the Northcliffe Town Hall Management Committee 7
September 2020 and Unconfirmed Minutes of 8 March 2021
Minutes - Ordinary Meeting of Council - 25 March 202114
ATTACHMENT
9.1.1 Consideration of Submissions and Final Adoption of Shire of
Manjimup Cat Local Law 2021
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: Whole of Shire
ZONE: Whole of Shire
DIRECTORATE: Office of CEO
FILE REFERENCE: F170066
LEGISLATION: Local Government Act 1995
AUTHOR: Jason Giadresco
DATE OF REPORT: 10 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
At its 17 December 2020 Ordinary Meeting, Council resolved (Resolution
28313) to request the Chief Executive Officer arrange for the preparation of a
redrafted Cat Local Laws to apply within the Shire of Manjimup, and that the
draft Local Law address a number of identified matters brought through
undertaking requested by the Joint Standing Committee on Delegated
Legislation (JSCDL).
Council considered the proposed draft Shire of Manjimup Cat Local Law 2021
(the Local Law) resolving:
“That Council:
1. Resolves to commence the process to create the Shire of Manjimup
Cat Local Law 2021 in accordance with section 3.12 of the Local
Government Act 1995, as attached at 9.1.1(1);
2. Pursuant to the Local Government Act 1995 section 3.12(3) and (3a),
and all other legislation enabling it, give Statewide and local public
notice that it intends to make the Shire of Manjimup Cat Local Law
2021, as shown at Attachment 9.1.1(1) with the following purpose and
effect:
Purpose – to provide for the management of cats throughout the
Shire of Manjimup.
Effect – to promote responsible cat ownership and manage the
control of cats within the Shire of Manjimup;
3. Advertise the draft Local Laws as referred to in point 1 above for a
period of not less than 6 weeks, with advertisements to appear in the
Western Australian Newspaper and all local newspapers circulating
within the district;
4. In accordance with the Local Government Act 1995 section 3.12(3)
advise the Minister for Local Government of the proposed local laws;
and
Minutes - Ordinary Meeting of Council - 25 March 202115
5. Await a further report on the draft Local Law following the completion
of the advertising period referred to in point 3 above. “
Council is now requested to consider Council’s final endorsement of the Shire
of Manjimup Cat Local Law 2021 having regard to the submission received
from Department of Local Government, Sport and Cultural Industries
(DLGSC). A copy of the Shire of Manjimup Cat Local Law 2021, modified to
address the submission received is attached.
ATTACHMENT: 9.1.1(1)
PUBLIC CONSULTATION UNDERTAKEN:
A notice of the proposed Local Law was advertised in the West Australian
newspaper and the Manjimup – Bridgetown Times inviting submissions over a
6-week period by 15 March 2021. A copy of the proposed Local Law was also
made available to be viewed at the Shire Administration Centre, Depot, local
public libraries and on the Shire’s website. The time limit for submissions
complies with the provisions of the Local Government Act 1995.
No submissions from local residents were received. A submission on the
proposed Local Law was received from the DLGSC. A copy of the submission
is attached.
ATTACHMENT: 9.1.1(2)
COMMENT (Includes Options):
As reflected above, as part of the public consultation process, a copy of the
proposed Local Law was referred to the DLGSC. All of the modifications
recommended by the DLGSC related to minor edits to correct typographic
errors. No major revisions are required to be made to the Local Law.
DLGSC also noted that clause 2.4(5)(b) will require Shire officers to provide
written notice to enter a property and seize a cat and this will require Shire
Officers to have the lawful authorisation to do so.
Although no specific adjustment of the Local Law is required, it is worth noting
that Shire Rangers are “Authorised Persons” for the purposes of the Cat Act
2011 (the Act) and have been delegated authority from the Chief Executive
Officer to action the provisions of the Act. This includes the ability to lawfully
enter private property and seize a cat subject to meeting the provisions of
Sections 32 and 51 of the Act as outlined in the submission.
Local Law Procedure
All proposed Local Laws are required to be legislated in accordance with the
following procedure;
Step Status
Drafting of a local law; Completed.
Council resolving to make a local law and the presiding member to give Completed.
notice of the purpose and effect of the local law;
Providing State wide public notice summarising and calling for Completed.
submissions within a specified time frame of no less than six weeks;
Minutes - Ordinary Meeting of Council - 25 March 202116
Providing a copy of the proposed local law to the Department of Local Completed.
Government for submission to the relevant Minister;
Council resolving by absolute majority to make the local law taking into The purpose of
consideration any submission made; this agenda item
Publishing the local law in the Government Gazette; TBD
Providing State wide public notice that the local law is to come into TBD
effect; and
Providing an explanatory memorandum to the Joint Standing Committee TBD
on Delegated Legislation for assessment.
If at any stage during this process the Local Government alters a local law
significantly from what was originally proposed the process must recommence
from the beginning. The minor changes recommended by the DLGSC are not
considered by the Shire to be significant enough to warrant recommencing the
process.
In the even Council determines to approve this Local Law by absolute
majority, Shire Officers will then schedule to have the Local Law published in
the Government Gazette and provide state and local public notice of the law
coming into effect.
A copy will then be forwarded to the JSCDL for consideration.
Following the gazettal of the Local Law, it will come into effect 2 weeks after
the date of gazettal.
STATUTORY ENVIRONMENT:
Local Government Act 1995 sections 3.12 to 3.17 provide the process to
adopt a new local law and to repeal an existing local law.
POLICY / STRATEGIC IMPLICATIONS:
The adoption of a new Cat Local Laws will ensure that Shire Rangers have
the adequate statutory authority to ensure the regulation of cat ownership
within the Shire of Manjimup, consistent with the following recommendations
of the Shire’s Strategic Community Plan 2019-2029:
A1. Support initiatives that protect and nurture biodiversity and endemic
species; and
A3. Implement measures to mitigate or control the negative impact of feral
animals on our natural environment.
C15. Manage domestic animals and livestock to ensure the safety of both the
animal and the community.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
Minutes - Ordinary Meeting of Council - 25 March 202117
FINANCIAL IMPLICATIONS:
Costs associated with finalising the Local Law will be wholly contained within
the Shire’s approved budget.
SUSTAINABILITY:
Environmental: Cats have the potential to be dangerous to native wildlife and
also have health implication if not controlled appropriately with Cat Prohibited
areas and the controlling of cats.
Economic: Nil.
Social: It is anticipated that the introduction of this new Local Law will ensure
that Shire Officers have the ability to effectively deal with complaints regarding
cats creating a nuisance.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
OFFICER RECOMMENDATION:
That Council:
1. Notes the submission received from the Department of Local
Government, Sport and Cultural Industries to the draft Shire of
Manjimup Cat Local Law 2021 as provided at Attachment 9.1.1(2);
and
2. Adopts the Shire of Manjimup Cat Local Law 2021 as modified in
accordance with section 3.12 of the Local Government Act 1995
and contained at Attachment 9.1.1(1).
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Lawrence, K
28415
That Council:
1. Notes the submission received from the Department of Local
Government, Sport and Cultural Industries to the draft Shire of
Manjimup Cat Local Law 2021 as provided at Attachment 9.1.1(2);
and
2. Adopts the Shire of Manjimup Cat Local Law 2021 as modified in
accordance with section 3.12 of the Local Government Act 1995
and contained at Attachment 9.1.1(1).
CARRIED: 9/0
Minutes - Ordinary Meeting of Council - 25 March 202118
Councillor Taylor declared a Financial Interest in this Item as he is a member
of the Southern Forests Food Council. Councillor Taylor did not speak or vote
on the matter and left the Chamber at 5.47pm.
Councillors Omodei and Jenkins declared an Impartiality Interest in this Item
as Councillors Omodei and Jenkins are members of the Southern Forests
Food Council. Councillor Omodei and Jenkins declared that they would
consider this matter on its merits and vote accordingly.
ATTACHMENT
9.1.2 Request for Three Year Funding Extension from the Shire of
Manjimup for the Southern Forests Food Council Inc.
PROPONENT Southern Forests Food Council Inc.
OWNER Southern Forests Food Council Inc.
LOCATION / ADDRESS: Pt Lot 875 Reserve 43342, Manjimup
WARD: Central
ZONE: Town Centre
DIRECTORATE: Office of CEO
FILE REFERENCE: F160285
LEGISLATION: Local Government Act 1995
AUTHOR: Andrew Campbell
DATE OF REPORT: 9 March 2021
DECLARATION OF INTEREST: The CEO is a Shire of Manjimup
representative on the Southern Forests
Food Council Project Management
Committee overseeing the grant
agreement between the Southern Forest
Food Council and the State of Western
Australia.
BACKGROUND:
The Southern Forests Food Council Inc. approached the Chief Executive
Officer with a request to continue Shire of Manjimup (Shire) funding toward
the operation of the Southern Forests Food Council Inc. beyond 30 June
2021. A copy of a request is attached.
ATTACHMENT: 9.1.2(1)
A copy of the Southern Forests Food Council Inc. 2019/20 Annual Report is
also attached for information.
ATTACHMENT: 9.1.2(2)
The purpose of this report is for Council to consider the request from the
Southern Forests Food Council Inc. for the Shire to continue with funding of
$25,000 (ex GST) per year for the additional three financial years being
2021/22, 2022/23 and 2023/24.
PUBLIC CONSULTATION UNDERTAKEN:
Minutes - Ordinary Meeting of Council - 25 March 202119
Nil.
COMMENT (Includes Options):
With the existing Southern Forests Food Council Inc. State funding due to
cease as of 30 June 2021, the Board and executive have been working hard
on creating a more sustainable body with the objective of being capable of
self-funded operation. Whilst this objective is not yet achievable, major steps
have been introduced to dramatically change the way the Southern Forests
Food Council Inc. does business.
Both the Chief Executive Officer and Councillor Cliff Winfield sit on the Project
Management Committee overseeing the grant agreement between the State
and the Southern Forests Food Council. It should be acknowledged that in
recent years the Board of the Southern Forests Food Council has been
refreshed and a deliberate focus has been directed toward sustainability. In
addition to the above, Council has recently entered into a medium term lease
with the Southern Forests Food Council Inc. to occupy the Old Railway
building in Johnston Crescent, Manjimup in preparation for the cessation of
current State funding.
On the basis of the agricultural marketing and promotion benefits provided to
the district from the Southern Forests Food Council it is recommended that
Council agrees to additional funding for a further three years as requested.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
POLICY / STRATEGIC IMPLICATIONS:
The Shire of Manjimup Strategic Community Plan 2019-2029 states:
“B4. Support sustainable agricultural expansion, value-adding and
downstream processing, research and development, culinary and agri-
tourism, land protections, and continued support for the Southern Forests
Food Council.”
ORGANISATIONAL RISK MANAGEMENT:
There is a real risk that the Southern Forests Food Council will not be able to
operate beyond 30 June 2021 if Shire funding is not available. If this was to
occur the promotion and marketing of produce from the Genuinely Southern
Forests region is likely to significantly diminish.
FINANCIAL IMPLICATIONS:
Since the inception of the Southern Forests Food Council approximately
seven years ago, the Shire has contributed $25,000 each year to the
incorporated body. If approved the request will extend this funding for an
additional three years being 2021/22, 2022/23 and 2023/24.
The previous and current funding has been sourced from funds contained
within the Shire’s marketing budget. A continuation of the funding would mean
that no additional funds above the 2020/21 budget allocation would need to
be raised in 2021/22.
Minutes - Ordinary Meeting of Council - 25 March 202120
SUSTAINABILITY:
Environmental: Nil.
Economic: The Southern Forests Food Council has a primary role to promote
agriculture in the district. The benefits of this entity extend much further than
value to members, it also markets and attracts visitation to the area which has
significant economic benefit.
Social: The Southern Forests Food Council operates on a not for profit basis
and is open to the public providing an agriculture educative function.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
OFFICER RECOMMENDATION:
That Council agree to contribute $25,000 (ex GST) per year to the
Southern Forests Food Council Inc. for the 2021/22, 2022/23 and 2023/24
financial years.
COUNCIL RESOLUTION:
MOVED: Omodei, P SECONDED: Eiby, W
28416
That Council agree to contribute $25,000 (ex GST) per year to the
Southern Forests Food Council Inc. for the 2021/22, 2022/23 and 2023/24
financial years.
CARRIED: 8/0
Minutes - Ordinary Meeting of Council - 25 March 202121
Councillor Taylor returned to the Chamber at 5.53pm.
9.2.1 Proposed Lease to Northcliffe Men's Shed Incorporated
PROPONENT Northcliffe Men’s Shed Incorporated
OWNER Shire of Manjimup
LOCATION / ADDRESS: Lot 2 Muirillup Road, Northcliffe
WARD: Coastal
ZONE: Public Purposes - Shire Depot
DIRECTORATE: Business
FILE REFERENCE: F160746
LEGISLATION: Local Government Act 1995
AUTHOR: Jasmine Bamess
DATE OF REPORT: 12 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
Northcliffe Men’s Shed Incorporated have a Licence to Occupy portion of
freehold Lot 2 Muirillup Road, Northcliffe from the Shire of Manjimup. The
remainder of the land is the Northcliffe Shire works depot.
The Licence to Occupy commenced 14 April 2011 and is due to expire 13
April 2021. Northcliffe Men’s Shed Incorporated have requested to continue
the occupancy.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
A Licence to Occupy is a non-exclusive right to occupy the land, used instead
of a lease when there are multiple user groups and uses in the one premises.
In recent years previous Licence to Occupy arrangements have been
Minutes - Ordinary Meeting of Council - 25 March 202122
superseded with Leases when applicable. As the Northcliffe Men’s Shed
Incorporated have exclusive use of the building, a lease is considered
appropriate.
The Mens Shed have requested to establish a vegetable garden next to the
building to complement their existing activities. The lease area will be
reviewed prior to the lease agreement being prepared to accommodate this if
possible.
STATUTORY ENVIRONMENT:
Section 3.58 of the Local Government Act 1995 deals with the requirements
for leasing Council land; however Section 30(b) of the Local Government
(Functions and General) Regulations 1996 exempts from these requirements
leases to charitable, benevolent, educational, recreational, sporting or other
like bodies, provided the members are not entitled to receive any pecuniary
profit. The proposed lease to Northcliffe Men’s Shed Incorporated complies
with this exemption.
POLICY / STRATEGIC IMPLICATIONS:
Property Leasing Policy 4.2.8 outlines leases for community groups are to be
for a five year term with a five year renewal option at a peppercorn rental.
ORGANISATIONAL RISK MANAGEMENT:
Nil, continuation of current arrangement.
FINANCIAL IMPLICATIONS:
Northcliffe Men’s Shed Incorporated will be responsible for the lease
preparation fee set in the fees and charges.
Building maintenance responsibilities are according to the schedule contained
in Council Leasing Policy 4.2.8.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That the Shire of Manjimup lease portion of Lot 2 Muirillup Road,
Northcliffe to Northcliffe Men’s Shed Incorporated for a term of five
years with a renewal option of a further term of five years at a rental of
ten dollars payable on demand, with the lease area and conditions
determined to the satisfaction of the Chief Executive Officer.
Minutes - Ordinary Meeting of Council - 25 March 202123
COUNCIL RESOLUTION:
MOVED: Eiby, W SECONDED: Dawson Vidovich, S
28417
That the Shire of Manjimup lease portion of Lot 2 Muirillup Road,
Northcliffe to Northcliffe Men’s Shed Incorporated for a term of five
years with a renewal option of a further term of five years at a rental of
ten dollars payable on demand, with the lease area and conditions
determined to the satisfaction of the Chief Executive Officer.
CARRIED: 9/0
Minutes - Ordinary Meeting of Council - 25 March 202124
ATTACHMENT
9.3.1 Council Financial Payments February 2021 and Credit Card
Payments January 2021
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: All
ZONE: Whole of Shire
DIRECTORATE: Business
FILE REFERENCE: F160967
LEGISLATION: Local Government (Financial
Management) Regulations 1996
AUTHOR: Kaylee Blee
DATE OF REPORT: 3 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
It is a statutory requirement for a list of payments from the Municipal and Trust
Funds to be presented to Council and included in the minutes.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The credit card payments totalling $7,190.80 for the month of January 2021
and accounts for payment totalling $1,116,407.24 for the month of February
2021 are listed below and in the attachment.
ATTACHMENT: 9.3.1(1)
Vouchers for the expenditure are available for inspection at the Council
Meeting of 25 March 2021.
Fund Vouchers Amount
Municipal 94625 - 94644 $95,112.57
Trust Fund - $0.00
Total Cheques for Month of February 2021 $95,112.57
Electronic Funds Transfer (EFT) expenditure batch reports are available for
inspection at the Council Meeting of 25 March 2021.
Fund Batch Amount
Municipal 112 - 117 $1,017,143.76
Total EFT for Month of February 2021 $1,017,143.76
Corporate Credit Card Transactions 23 November – 20 December 2020
(Paid 5 January 2021) - Municipal Account
Minutes - Ordinary Meeting of Council - 25 March 202125
8.1101 IP Australia $400.00
Trade Mark Renewal
6.1346 Apple R386 Perth City $49.95
Apple iPhone screen protector - CEO
6.1266 JBHiFi.com.au $1,652.33
MSI Modern laptop for CEO – Salary Sacrifice
6.1101 Top Deck Café $34.00
Lunch meeting – CEO & South Ward Councillor
6.1101 Pay.ecu.edu.au Parking Joondalup $6.00
Parking for CEO – Perth meeting
4.1221 Adobe Creative Cloud $79.29
Monthly subscription for PRO to design documents
569.1299 Frasers Perth $199.96
1x night accommodation DDR to attend awards night
569.1299 Wilson Parking WA02 $8.10
Parking for awards night in Perth
569.1299 Frasers Perth $197.00
1x night accommodation CSP to attend awards night
2.1186 Target Online $94.50
18x Plastic & Glass containers
Various Westnet $219.89
Internet services 1/12/20 – 01/01/21
3.1300 Coles Manjimup $1,250.00
3x $250, 2x $50 & 4x $100 gift cards – Staff Awards
2.1184 The Cherry Box $15.00
1x Food platter for council dinner
575.1675 Woolworths Manjimup $75.24
Items for Heritage Park Advisory Committee – 15yr
celebration/Thank you BBQ
575.1675 Manji Meat Mart Pty Ltd $46.53
Meat for Heritage Park Advisory Committee – 15yr
celebration/Thank you BBQ
575.1675 Coles Manjimup $17.00
Items for Heritage Park Advisory Committee – 15yr
celebration/Thank you BBQ
2.1189 GPR Hotels Pty Ltd -$94.00
Reservation cancellation Cr Darin WA Regional Awards
665.1164 Quality Packaging Supplies $205.96
1x roll cell-air foam
665.1164 WIS Blackwoods $414.81
Rubber insertion roll
575.1101 Woolworths Manjimup $23.50
Items for Community Services Development day ST:6
575.1101 Coles Manjimup $17.15
Items for Community Services Development day ST:6
677.1094 BigW Online $336.90
677.1162 New book purchases for Shire Libraries
Minutes - Ordinary Meeting of Council - 25 March 202126
677.1094 Booktopia Pty Ltd $853.13
677.1682 New book purchases for Shire Libraries
575.1101 Amazon AU $11.16
Unknown transaction
677.1094 Sanity Web Store $852.72
New DVD purchases for Shire Libraries
677.1094 Amazon Mktplc AU $21.90
677.1682 New book for Shire Libraries
677.1094 Amazon Mktplc AU $44.80
677.1682 New book for Shire Libraries
575.1101 Anaconda $124.95
5x Gazebo Leg Weight (twin packs)
677.1094 Amazon Mktplc AU $33.03
New book for Shire Libraries
Total Credit Card Payments $7,190.80
Corporate Credit Card Transactions 21 December – 20 January 2021
(Paid 2 February 2021) - Municipal Account
571.1097 Uccello $220.00
2x easy use kettles for club
573.1494 SP * Caring Clothing $45.90
2x adult non-slip ankle socks for HCP Client
666.1033 Woolworths Manjimup $48.15
Various cleaning products for museum
573.1494 AIMS Medical Supplies $51.15
15x Sterile suction tubing
573.1494 AIMS Medical Supplies $13.70
Freight
575.1101 SQ *Southern Roasting Co $15.50
Refreshments for Community Services Managers
Meeting ST:3
14.1317 CBT Nuggets LLC $1,800.18
IT Training Online 15/1/21 to 15/1/22
Various Westnet $274.89
Internet services 1/1/21 – 1/2/21
6.1392 Company Directors $687.50
Australian Institute of Company Directors Membership to
31 Dec 2021
4.1221 Adobe Creative Cloud $79.29
Monthly subscription for PRO to design documents
6.1392 Economic Development Australia Membership 24/1/21 – $440.00
23/1/22
570.1376 The Lister Specialist Bayswater $62.15
2mtrs leak off fuel hose & 7x T Pieces – Windy Harbour
water pumps
687.1294 Invarion RapidPlan P/L $412.50
Software licence renewal
Minutes - Ordinary Meeting of Council - 25 March 202127
Total Credit Card Payments $4,150.91
STATUTORY ENVIRONMENT:
Local Government (Financial Management) Regulations 1996, Regulations
(12) and (13).
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
As stated.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council receive the credit card payments for January 2021 for
$7,190.80 as listed, and February 2021 payments totalling $1,116,407.24
as detailed in Attachment: 9.3.1(1).
COUNCIL RESOLUTION:
MOVED: Jenkins, D SECONDED: Taylor, R
28418
That Council receive the credit card payments for January 2021 for
$7,190.80 as listed, and February 2021 payments totalling $1,116,407.24
as detailed in Attachment: 9.3.1(1).
CARRIED: 9/0
Minutes - Ordinary Meeting of Council - 25 March 202128
ATTACHMENT
9.3.2 Local Government Compliance Audit Return 1 January 2020 to
31 December 2020
PROPONENT Shire of Manjimup
OWNER N/A
LOCATION / ADDRESS: Whole of Shire
WARD: Whole of Shire
ZONE: Whole of Shire
DIRECTORATE: Business
FILE REFERENCE: F170049
LEGISLATION: Local Government Act 1995
AUTHOR: Craig Martyn
DATE OF REPORT: 2 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
Each Local Government is required to carry out a Compliance Audit Return
(CAR) for the period 1 January 2020 to 31 December 2020.
The CAR is a tool for local governments’ to self-assess their compliance with
the Local Government Act 1995 and its subsequent regulations, with the
results reported to the Department of Local Government, Sport and Cultural
Industries (DLGSCI).
Regulation 14 of the Local Government (Audit) Regulations 1996 requires the
local government’s Audit Committee review the CAR and report the results to
the Council, prior to adoption by Council and submission to DLGSCI by 31
March 2021. On the 4 March 2021 the Shire of Manjimup Audit Committee
were presented with and endorsed the findings contained within the CAR. The
minutes of that meeting will be presented as a separate item.
A copy of the CAR for the Shire of Manjimup for the period 1 January 2020 to
31 December 2020 is attached.
ATTACHMENT: 9.3.2 (1)
The purpose of this agenda item is to adopt the 2020 Compliance Audit
Return.
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The 2020 CAR was available to local governments in January 2021 via the
DLGSCI communication portal, Smart Hub. The various questions are
distributed amongst relevant staff with their responses collated to form the
2020 CAR.
Minutes - Ordinary Meeting of Council - 25 March 202129
The 2020 CAR contained 102 items, including 10 optional questions, with two
items of non-compliance, or 98% compliance.
Below is a table showing what parts of the Local Government Act 1995 are
tested and the results thereon;
2019 Compliance Return 2020 Compliance Return
Number of Number of
Number of Non- Number of Non-
Section
Items Compliant Items Compliant
Items Items
Commercial Enterprises by
5 0 5 0
Local Government
Delegation of Power/Duty 13 0 13 0
Disclosure of Interest 19 0 21 0
Disposal of Property 2 0 2 0
Elections 2 0 3 0
Finance 14 0 11 1
Integrated Planning and
7 0 3 0
Reporting
Local Government Employees 5 0 6 0
Official Conduct 6 0 4 0
Optional Questions 4 0 10 1
Tenders for Providing Goods
27 1 24 0
and Services
Totals 104 1 102 2
% non-compliance 1% 2%
The items of non-compliance occurred in the sections Finance and Optional
Questions.
The question “Was the auditor’s report for the financial year ended 30 June
2020 received by the local government by 31 December 2020?” was
considered non-compliant in the Finance Section.
The Office of the Auditor General took over the responsibility of auditing the
Shire of Manjimup’s accounts for the 2019/20 financial year. Whilst the
physical on-site audit was contracted to AMD (the Shire’s previous auditor),
the level of scrutiny appears to have increased. This coupled with significant
changes to the Australian Accounting Standards and the late adoption of
changes to the Local Government (Financial Management) Regulations 1996
affecting the 2019/20 financial year, has resulted in the amount of time and
effort taken to complete an audit to increase substantially.
To add to the audit report delay, the travel restrictions imposed due the
COVID-19 pandemic and unforeseeable staffing shortages at AMD forced the
on-site audit to be delayed from 14-16 October 2020 to 27-29 January 2021.
Minutes - Ordinary Meeting of Council - 25 March 202130
At the time of writing this item, the auditor’s report is still in the hands of AMD.
They are collating their findings for presentation to the Office of the Auditor
General. It is anticipated the auditor’s report will not be ready until late March
/ early April.
The question “By 30 September 2020, did the local government submit to its
auditor the balanced accounts and annual financial report for the year ending
30 June 2020?” was also considered non-compliant in the Optional Questions
section.
Similar to the explanation above, significant changes to the accounting
standards and the adoption of changes to the Local Government (Financial
Management) Regulation 1996 in November 2020 that had a direct impact on
the 2019/20 annual financial reports resulted in the reports not being
presented to the auditors until January 2021.
A request to the DLGSCI seeking and extension of time to submit the 2019/20
Annual Financial Report was approved until the 31 October 2020, however
subsequent requests for further extension were declined. It should be noted
that if the Annual Financial Report was provided to the auditor by the 31
October 2020, they would need subsequent amendment to comply with the
changes to the Local Government (Financial Management) Regulations 1996
documented on 7 November 2020.
The 2020 CAR is required to be certified by the Shire President and the Chief
Executive Officer then lodged with the DLGSCI by the 31 March 2020.
STATUTORY ENVIRONMENT:
Local Government Act 1995
POLICY / STRATEGIC IMPLICATIONS:
The Local Government CAR is a mechanism designed to provide the
Department responsible for Local Government with confidence that Local
Governments are operating in accordance with the provisions of the Local
Government Act 1995. As a result the Shire of Manjimup should look at the
outcome of the audit as a critical indicative assessment of statutory
performance across the defined period.
ORGANISATIONAL RISK MANAGEMENT:
The function of the CAR is to identify areas of non-compliance with high risk
areas of the Local Government Act 1995 being tested.
FINANCIAL IMPLICATIONS:
Costs associated with the completion of the 2020 CAR have be met within
operational funding.
SUSTAINABILITY:
Environmental: Nil.
Economic: Nil.
Minutes - Ordinary Meeting of Council - 25 March 202131
Social: The CAR demonstrates a high level of compliance for the Shire of
Manjimup. Good governance is expected by the community and is being
delivered by Council.
VOTING REQUIREMENTS: SIMPLE MAJORITY
OFFICER RECOMMENDATION:
That Council adopt the 2020 Local Government Compliance Audit
Return as the official return of Council for the period 1 January 2020 to
31 December 2020 as provided in attachment: 9.3.2(1).
COUNCIL RESOLUTION:
MOVED: Dawson Vidovich, S SECONDED: Ventris, M
28419
That Council adopt the 2020 Local Government Compliance Audit
Return as the official return of Council for the period 1 January 2020 to
31 December 2020 as provided in attachment: 9.3.2(1).
CARRIED: 9/0
Minutes - Ordinary Meeting of Council - 25 March 202132
ATTACHMENT
9.3.3 Monthly Financial Activity Statement - January 2021
PROPONENT Shire of Manjimup
OWNER Whole Shire
LOCATION / ADDRESS: Whole Shire
WARD: Whole Shire
ZONE: N/A
DIRECTORATE: Business
FILE REFERENCE: F160188
LEGISLATION: Local Government Act 1995; Local
Government (Financial Management)
Regulations 1996
AUTHOR: Greg Lockwood
DATE OF REPORT: 12 March 2021
DECLARATION OF INTEREST: Nil
BACKGROUND:
The Financial Management Regulations require monthly Financial Activity
Statement reports to be prepared and presented to Council, containing the
following information;
Annual budget estimates;
Estimates to end of month;
Actual expenditure;
Actual income;
Material variances; and
Net current assets.
The Financial Activity Statement report for the period to 31 December 2020 is
attached. The report is summarised by Function/Activity with operating
comments via department.
ATTACHMENT: 9.3.3 (1)
PUBLIC CONSULTATION UNDERTAKEN:
Nil.
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 31 January 2021 is
a projected loss of $68,216.
The moderate projected loss is based on a conservative approach highlighting
possible issues as they occur, which in most cases can be rectified or offset
with under expenditure in other areas as the Shire progresses through the
financial year.
To date there have been some moderate issues both in the positive and in the
negative. Some specific areas of income that are heavily influencing the
projected loss position in a negative way are Interest Received $60,000 and
Power Up Museum income projected to be $65,000.
Minutes - Ordinary Meeting of Council - 25 March 202133
Interest Received has been spoken about in previous reports however an
issue regarding the level of income at the Power Up Museum has slowly
emerged and if current trends continue, will need to be offset by savings in
other areas. The reduced entry income has been influenced by multiple State
directed closures, and experience based tourism is suffering across the State,
as this type, like the Power Up, are predominately supported by international
and interstate tourist. The Heritage Park has been well supported by intrastate
tourist during the border closure period, with the carpark full most weekends,
however this hasn’t seen an increase in Museum entries. Shire Officers have
looked to reduce expenditure to help offset some of the loss however this
budget will need to be monitored and well managed for the remaining 5
months of the year.
A key area driving extra income to the Shire, are development based fees for
both Building and Planning, both expected to exceed budget with a projection
of $94,000 combined. Whilst this is a positive windfall financially and it
demonstrates that elements of the Shire’s economy is buoyant, it does mean
a considerable amount of extra work for the departments involved in
processing the applications.
As spoken about in the previous report Storm Damage continues as a
moderate issue heading towards 30 June 2021. At the end of January the
Works Storm Damage account was 133% expended being $169,843 spent
from a $127,185 budget. It is expected that this account will exceed budget as
clean-up is still taking place from previous storms, however typically if
timesheet staff are working on storm damage then other accounts like Road
Maintenance will be under budget. This account will continue to be monitored
closely going forward.
In summary, pressure is beginning to build on the Shire’s end of year position,
a projected loss of $68,216 is manageable through savings in other areas,
however if any more budget issues arise, adjustments will be required to
offset the losses so as not to influence the 2021/22 budget process with a
possible carry forward loss.
STATUTORY ENVIRONMENT:
Section 6.8 of the Local Government Act and Financial Management
Regulation 34.
POLICY / STRATEGIC IMPLICATIONS:
Nil.
ORGANISATIONAL RISK MANAGEMENT:
Nil.
FINANCIAL IMPLICATIONS:
As described in above summary.
SUSTAINABILITY:
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