cabonne Council colour 200 wide

 

 

 

 

 

 

15 November 2011

 

 

NOTICE OF ORDINARY COUNCIL MEETING

 

Your attendance is respectfully requested at the Ordinary Meeting of Cabonne Council convened for Monday 21 November, 2011 commencing at 9.30am, at the Cabonne Shire Office, Bank Street, Molong to consider the undermentioned business.

 

Yours faithfully,

 

 

a GM signature

GLP Fleming

GENERAL MANAGER

 

ORDER OF BUSINESS

 

1)       Open Ordinary Meeting

2)       Consideration of Mayoral Minute

3)       Consideration of General Manager’s Report

4)       Matters of Urgency

5)       Resolve into Committee of the Whole

a)    Consideration of Closed Items

Adoption of Closed Committee of the Whole Report

 

 

 

 

 

 

 

 


 

ATTENDEES – NOVEMBER 2011 COUNCIL MEETING

 

 

10.20am

Presentation to Anthony Blair – Certificate III in Local Government Operational Works

10.20am

Presentation to Trevor Wright – Outstanding Service Award

11.00am

Presentation by Auditors – John O’Malley

12.00noon

State Member, Andrew Gee addressing Council on Local Government issues.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

http://cc2k/intranet/images/cabonne%20Council%20colour.JPG

 

 

 

 

COUNCIL’S MISSION

“To be a progressive and innovative Council which maintains relevance through local governance to its community and diverse rural area by facilitating the provision of services to satisfy identified current and future needs.”

 

 
 

 

 


         

 

 

 

 

 

 

 

 

 

COUNCIL’S VISION

Cabonne Council is committed to providing sustainable local government to our rural communities through consultation and sound financial management which will ensure equitable resource allocation.

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


GENERAL MANAGER’S REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 November, 2011

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      APPLICATIONS FOR LEAVE OF ABSENCE.................................. 5

ITEM 2      DECLARATIONS OF INTEREST....................................................... 5

ITEM 3      DECLARATIONS OF POLITICAL DONATIONS ............................ 6

ITEM 4      MAYORAL MINUTE - APPOINTMENTS........................................... 6

ITEM 5      Grouping of report adoption.............................................. 7

ITEM 6      CONFIRMATION OF THE MINUTES................................................. 7

ITEM 7      BUSINESS PAPER ITEMS FOR NOTING........................................ 8

ITEM 8      ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING 9

ITEM 9      COMMUNITY SERVICES COMMITTEE MEETING........................ 9

ITEM 10    ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING................................................................................................................. 10

ITEM 11    WORKS COMMITTEE MEETING..................................................... 10

ITEM 12    TRANSFER DOCUMENT FOR MARCH RFS SHED.................... 11

ITEM 13    AQUISITION OF LAND FOR ROAD WIDENING.......................... 12

ITEM 14    Manildra Library........................................................................ 13

ITEM 15    YEOVAL SHOW................................................................................... 14

ITEM 16    INTEGRATED PLANNING AND REPORTING.............................. 16

ITEM 17    2012 LOCAL GOVERNMENT ELECTIONS................................... 18

ITEM 18    CODE OF CONDUCT POSITION PAPER...................................... 21

ITEM 19    BORENORE BUSH FIRE SHED....................................................... 22

ITEM 20    Quarterly Budget Review .................................................... 23

ITEM 21    THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2012 Policy............................... 27

ITEM 22    PUBLIC INTEREST DISCLOSURES............................................... 28

ITEM 23    Macquarie Pipeline Concerned Citizens Committee Meeting      30

ITEM 24    NEWELL TASKFORCE MEMBERSHIP......................................... 34

ITEM 25    IPART Review of access pricing on the grain line network        35

ITEM 26    Reform of NSW Aboriginal Culture and Heritage Legislation 37

ITEM 27    CENTROC ELECTRICITY TENDER................................................ 38

ITEM 28    FLUORIDATION OF MOLONG WATER SUPPLY........................ 41

ITEM 29    DEVELOPMENT APPLICATION 2012/83 - PROPOSED DWELLING, STORAGE SHED AND WATER TANK, LOT 4 SECTION 9 DP 758643....... 43

ITEM 30    AMENDMENTS TO DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN       49

ITEM 31    EASTERN AREA RURAL RESIDENTIAL STRATEGY............... 53

ITEM 32    Questions For Next Meeting................................................ 55

Confidential Items

 

Clause 240(4) of the Local Government (General) Regulation 2005 requires Council to refer any business to be considered when the meeting is closed to the public in the Ordinary Business Paper prepared for the same meeting.  Council will discuss the following items under the terms of the Local Government Act 1993 Section 10A(2), as follows:

 

ITEM 1      CARRYING OF COUNCIL INTO CLOSED COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 2      ENDORSEMENT OF PROCEEDINGS OF CONFIDENTIAL MATTERS CONSIDERED AT COMMITTEE OF THE WHOLE MEETING

Procedural

ITEM 3      OUTSTANDING PUBLIC LIABILITY INSURANCE CLAIMS

(g) advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege

ITEM 4      REQUEST FOR CONSIDERATION OF WATER CONSUMPTION COSTS - ACCOUNT 944.01000.8

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 5      Council approval sought to write off unrecoverable debt

(a) personnel matters concerning particular individuals (other than councillors)

ITEM 6      DEBT RECOVERY REPORT OF OUTSTANDING RATES DEBTS

(b) matters in relation to the personal hardship of a resident or ratepayer

ITEM 7      National Rural and Remote Health Infrastructure Program

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

ITEM 8      Clergate land purchase

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

ITEM 9      Molong Gelato Factory Floor

(d) (i) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it

ITEM 10    LAND DEVELOPMENT SUB COMMITTEE MEETING

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business

ITEM 11    STAFF PERFORMANCE APPRAISAL

(a) personnel matters concerning particular individuals (other than councillors)   

 

ANNEXURE ITEMS

 

ANNEXURE 6.1    October 17 2011 Ordinary Council Minutes.. 57

ANNEXURE 6.2    November 7 2011 Extraordinary Council Minutes       78

ANNEXURE 8.1    November Economic Development and Tourism Minutes 81

ANNEXURE 9.1    Report of the Community Services Committee - 7 November 2011.......................................................................................... 86

ANNEXURE 10.1  Report of the Environmental Services and Sustainability Committee Meeting....................................................... 89

ANNEXURE 11.1  November Works Minutes........................................ 92

ANNEXURE 16.1  Draft Cabonne 2025 Community Strategic Plan  99

ANNEXURE 20.1  September QBR Reserve List............................... 110

ANNEXURE 20.2  September QBR Cash and Investments Reconciliation     115

ANNEXURE 20.3  September QBR Bank Reconciliation............. 118

ANNEXURE 20.4  September QBR............................................................. 121

ANNEXURE 21.1  Draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy............... 138

ANNEXURE 22.1  Draft Public Interest Disclosures (Internal Reporting) Policy................................................................................. 156

ANNEXURE 24.1  Minutes of the NSW Taskforce Meeting....... 174

ANNEXURE 25.1  Executive Summary - IPART.................................... 202 

 


 

 

ITEM 1 - APPLICATIONS FOR LEAVE OF ABSENCE

REPORT IN BRIEF

 

Reason For Report

To allow tendering of apologies for Councillors not present.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217881

 

General Manager's REPORT

 

A call for apologies is to be made.

 

 

Recommendation

 

THAT any apologies tendered be accepted and the necessary leave of absence be granted.

 

 

 

ITEM 2 - DECLARATIONS OF INTEREST

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare an interest in any items to be determined at this meeting.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217931

 

General Manager's REPORT

 

A call for declarations of interest.

 

 

Recommendation

 

THAT the Declarations of Interest be noted.

 

 

 

 

ITEM 3 - DECLARATIONS OF POLITICAL DONATIONS

REPORT IN BRIEF

 

Reason For Report

To allow an opportunity for Councillors to declare any political donations received.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217946

 

General Manager's REPORT

 

A call for Political Donations.

 

 

Recommendation

 

THAT any Political Donations be noted.

 

 

 

ITEM 4 - MAYORAL MINUTE - APPOINTMENTS

REPORT IN BRIEF

 

Reason For Report

To allow noting of the Mayoral appointments plus other Councillors' activities Reports.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217960

 

General Manager's REPORT

 

A call for the Mayoral appointments and attendances as well as other Councillors’ activities reports to be tabled/read out.

 

 

Recommendation

 

THAT the information contained in the Mayoral Minute be noted.

 

 

 

ITEM 5 - Grouping of report adoption

REPORT IN BRIEF

 

Reason For Report

Enabling procedural reports to be adopted.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance - Procedural

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286729

 

Director of Finance and Corporate Services' REPORT

 

Items 6 to 16 are considered to be of a procedural nature and it is proposed that they be moved and seconded as a group. Should any Councillor wish to amend or debate any of these items they should do so at this stage with the remainder of the items being moved and seconded.

 

 

Recommendation

 

THAT;

 

1.      Councillors call any items they wish to further consider

 

2.      That items 6 to 16 be moved and seconded.

 

 

 

 

ITEM 6 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

 

Reason For Report

Adoption of Minutes

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

GOVERNANCE - Procedural

Annexures

1.  October 17 2011 Ordinary Council Minutes

2.  November 7 2011 Extraordinary Council Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 217971

 

General Manager's REPORT

 

The following minutes are attached for endorsement.

1.   Minutes of the Ordinary Council meeting held on 17 October, 2011.

2.   Minutes of the Extraordinary meeting held on 7 November, 2011.

 

Recommendation

 

THAT the minutes of the Ordinary Meeting held on 17 October, 2011 and the Extraordinary Meeting held on 7 November, 2011 be adopted.

 

 

 

ITEM 7 - BUSINESS PAPER ITEMS FOR NOTING

REPORT IN BRIEF

 

Reason For Report

Provides an opportunity for Councillors to call items for noting for discussion and recommends remainder to be noted.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Administration

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288647

 

General Manager's REPORT

 

In the second part of Council’s Business Paper are items included for Council’s information.

 

In accordance with Council’s format for its Business Paper, Councillors wishing to discuss any item are requested to call that item.

 

 

Recommendation

 

THAT:

1.  Councillors call any items they wish to further consider.

2.  The balance of the items be noted.

 

 

 

 

ITEM 8 - ECONOMIC DEVELOPMENT & TOURISM COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Economic Development & Tourism Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Economic Development

Annexures

1.  November Economic Development and Tourism Minutes     

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286733

 

Economic Development Manager's REPORT

 

Attached is the report of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 November 2011 for Council’s adoption.

 

 

Recommendation

 

THAT the report and recommendations of the Economic Development and Tourism Committee Meeting of Cabonne Council held on 7 November 2011 be adopted.

 

 

 

ITEM 9 - COMMUNITY SERVICES COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Community Services Committee Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Services

Annexures

1.  Report of the Community Services Committee - 7 November 2011    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288651

 

Community Services Manager's REPORT

 

Attached is the report of the Community Services Committee Meeting of Cabonne Council held on 7 November 2011 for Council’s adoption.

 

 

 

Recommendation

 

THAT the report and recommendations of the Community Services Committee Meeting of Cabonne Council held on 7 November 2011 be adopted.

 

 

 

ITEM 10 - ENVIRONMENTAL SERVICES AND SUSTAINABILITY COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of Environmental Services Committee recommendations and noting of motions carried

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environmental Services

Annexure

1.  Report of the Environmental Services and Sustainability Committee Meeting    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286736

 

 Director of Environmental Services' REPORT

 

Attached is the report of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 November 2011.

 

 

Recommendation

 

THAT the report and recommendations of the Environmental Services and Sustainability Committee Meeting of Cabonne Council held on 7 November 2011 be adopted and carried Motions be noted.

 

 

 

 

ITEM 11 - WORKS COMMITTEE MEETING

REPORT IN BRIEF

 

Reason For Report

Adoption of the Works Committee Meeting Recommendations

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  November Works Minutes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286737

 

Director of Engineering and Technical Services' REPORT

Attached herein is the report and recommendations of the Works Committee meeting of Cabonne Council held on 7 November, 2011.

 

Recommendation

 

THAT the report and recommendations of the Works Committee held on 7 November, 2011 of Cabonne Council be adopted.

 

 

 

 

ITEM 12 - TRANSFER DOCUMENT FOR MARCH RFS SHED

REPORT IN BRIEF

 

Reason For Report

To affix the Council seal to the transfer document

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Rural Fire Service

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287562

 

Design Manager's REPORT

 

Council at its May 2010 meeting resolved to approve the acquisition of land for the March RFS Brigade Station. The resolution from Council was:

 

·    Accept the offer of land for the construction of a RFS Station

·    Undertake the necessary survey, subdivision & acquisition to create a parcel of land suitable for the construction of a RFS station; and

·    Dedicate the land as operational.

·    All costs associated with the acquisition be met by Council & funded from bushfire funds.

Pursuant to Clause 400(4) the Local Government Regulations (General) 2005 a Council resolution must state “to affix the seal” to any specific document. The May 2010 resolution did not state “to affix the seal”.

 

The acquisition is nearing completion and now awaiting Council’s seal to the transfer documents. Once received, the acquisition will be finalised.

 

 

Recommendation

 

THAT Council affix the seal to the transfer document.

 

 

 

ITEM 13 - AQUISITION OF LAND FOR ROAD WIDENING

REPORT IN BRIEF

 

Reason For Report

To obtain Council's seal to transfer documents

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Roads and Bridges

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287939

 

Design Manager's REPORT

 

Council will recall a report presented to its 16 May 2011 meeting informing it that the owners of Lot 80 in DP 46487 had written to Council regarding a discrepancy between the legal boundary and the actual fenced boundary along the frontage of their property. The property is located along Ophir Road just north of the fourth crossing. The property is adjacent to the section of Ophir Road that has just been re-constructed.

As part of their submission the owners included correspondence from Council dated January 1988. The correspondence acknowledges an earlier letter sent to Council and notes the following points:

·    Investigation by Council staff have noted that there may be a discrepancy between the boundaries;

·    Any re-fencing should be performed along the existing fenceline; and

·    At the time Council advised that re-construction along this section of Ophir Road would not be undertaken in the foreseeable future but should such work occur in the future then appropriate road boundary alterations shall be effected.

Based on this information Council, at its 16 May 2011 meeting, resolved -,

1.  Council engage a Registered Surveyor to define the boundary of Lot 80 DP46487; and

2.  Council write to the owners of Lot 80 DP46487 advising them that a Registered Surveyor has been engaged to accurately define the boundaries of the property.

Council staff have completed both points of the above resolution and have found that Ophir Road has encroached the boundary of Lot 80 DP46487, consequently a resumption of 1993m2 is required to legalise the alignment of Ophir Road.

Council Staff have reached an agreement with the owners of Lot 80 DP46487 to pay $800 in land compensation, based on the present land valuation and area to be acquired, pay all survey and legal costs associated.

 

 

Recommendation

 

THAT Council:

 

1.   Pay the owners of Lot 80 DP 46487 the sum of $800 in compensation.

2.   Pay all survey and legal costs associated with the land acquisition.

3.   Affix the Council seal to the necessary acquisition documents.

 

 

 

ITEM 14 - Manildra Library

REPORT IN BRIEF

 

Reason For Report

Seeking seal approval for relocation of Manildra library

Policy Implications

Nil

Budget Implications

Yes - subject to Council decision.  Annual operating budget required.  $50,000 previously included in budget.

Area of Responsibility

Libraries

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Closed - 287974

 

Administration Manager's REPORT

 

Council has received reports relating to the need to relocate the Manildra library and previously resolved to enter into a Lease for a suitable venue at 7 Derowie St Manildra.

 

There has been a delay to the relocation as the building needed considerable work and is now suitable for occupation with an official opening date set as 11 November 2011.  It is noted the disabled toilet is not yet complete and Internet services have been delayed due to major cabling issues which Telstra is addressing.

 

A Lease has been prepared in accord with the Conditions and at the rate prescribed in a previous confidential report to Council.

 

It is now necessary to seek Council approval to affix the Common Seal.

 

 

Recommendation

 

THAT Council authorise the affixing of the Council Seal to a Lease Agreement for 7 Derowie Street Manildra to house the Manildra Library.

 

 

 

ITEM 15 - YEOVAL SHOW

REPORT IN BRIEF

 

Reason For Report

For Council to resolve to lodge a formal application for the proclamation of 8th May 2012 as a public holiday for Yeoval.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Yeoval Progress Association

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287094

 

Administration Officer's REPORT

Advice has been received from the Minister for Finance and Services for the declaration of local public holidays and local event days under the Public Holidays Act 2010 (NSW).

Under the Public Holidays Act 2010 all local public holidays and local event days (including half days) must be declared by Order of the Minister and published on the legislation website.  Consistent with past practice, it is proposed to have the Ministerial Orders declaring the 2012 local public holidays and local event days published by the end of December 2011.

In determining whether to apply for a local public holiday, it is important that the Council be aware of the legislative changes that have occurred in the last several years that impact on businesses and communities located within designated public holiday areas. 

Declaration of a Local Public Holiday

Where a local public holiday is declared by the Minister a bank located in the designated holiday area will be required to close unless it holds an approval to open on the day under Part 3A of the Retail Trading Act 2008.  Shops located within the designated holiday area are free to open without restriction.

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010.  This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or half day that is the local public holiday or half holiday.  In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award where previously that entitlement may not have existed.

In considering an application to the Minister for a local public holiday or half day, Council is expected to consult with the affected community and other relevant stakeholders, as to the impact of a local public holiday or half holiday on businesses located within your local government area.

As part of that consultation, Council may consider the option of a local event day declaration instead of a public holiday or half day.

Declaration of a Local Event Day

The capacity for the Minister to declare a local event day or half day at the request of a local council is also available under the Public Holidays Act.  The Minister must be satisfied that the day or part day is, and will be observed as, a day of special significance to the community in the area concerned.

The declaration of a local event day or half day does not preclude banks or shops located within the designated holiday area from opening or trading on the day.

A declared local event day does not automatically mean that employers in the particular locality are compelled to treat the day as a public holiday.  Entitlements to paid time off work or penalty rates on a local event day will only arise where they have been agreed at the workplace level usually in the form of an enterprise agreement or a contract.  This goes some way to restoring industrial arrangements for the occasion to those that existed prior to changes to Commonwealth workplace laws.

The application process

Should the Council wish to proceed with a request for a local public holiday or local event day (including a half day) then, following resolution by the Council on the matter, formal advice to the Minister is required before 25 November 2011 of the desired dates and occasions in 2012 specifying the category of declaration requested. 

In addition, in support of the Council's request, it would be of assistance if the following information was provided:

·    whether the request was approved by resolution of the Council;

·    whether consideration was given to the alternative of local event day; and

·    the extent of community consultation undertaken in respect of the request.

The receipt of requests for a local event day or local public holiday (including half days), specific date and defined area information from all councils will allow Notices to be published on the NSW legislation website for most 2012 dates in mid-December of this year.  Confirmation of the Minister's approval of our request will be issued in advance of the Notice publication date.

Council has been assured that any special day or half day not covered by such an omnibus Notice may continue to be the subject of a one-off Notice.

Cabonne Local Government Area

The only public holiday that has been applied for regularly is that associated with the Yeoval Show.  Notification has been received from the Yeoval PA & H Society Inc. that they wish to apply for 8th May 2012 as the local public holiday.

Whilst traditionally Council has applied for a public holiday for the Yeoval Show in view of the above it may be more appropriate for Council to lodge an applicant for a local event day.

 

 

Recommendation

 

THAT Council lodge a formal application for the proclamation of 8th May 2012 as a local event day for that portion of the township of Yeoval, which is in the Cabonne Council area on the occasion of the 2012 Yeoval Show.

 

 

 

 

ITEM 16 - INTEGRATED PLANNING AND REPORTING

REPORT IN BRIEF

 

Reason For Report

To update Council on the progress of Integrated Planning and Reporting

Policy Implications

Nil

Budget Implications

To be determined

Area of Responsibility

Economic Development

Annexures

1.  Draft Cabonne 2025 Community Strategic Plan    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287973

 

Economic Development Manager's REPORT

 

The draft Cabonne Community Strategic Plan (CSP) is now ready for wider distribution and to be placed on public display. 

 

The CSP is a requirement under the Integrated Planning and Reporting Framework introduced by the Division of Local Government in 2009.

 

The process for developing this draft plan has been quite extensive.  On 19 July 2011, 77 community members, representative of the whole of the Cabonne Shire demographic attended a Futures Workshop in Cargo, facilitated by consultants GroupWork. 

 

The outcomes from this and the Futures event were then further shaped into a first draft plan at a workshop on 16th August attended by a smaller representative group (16) from the original Futures Workshop.

 

This draft was then redistributed to the original 77 participants at the Futures workshop for their comment.  It was also distributed to the key stakeholders, social justice groups, other state and federal agencies, Councillors and council staff that have been identified in the community plan as playing a role in the provision of services and infrastructure to the Cabonne community in the future.

 

Feedback received from this has been considered and where appropriate incorporated into this latest draft plan.

 

The IP&R guidelines now require the draft plan to be placed on public display.

 

What next for the IP&R process?

Cabonne staff are now developing the Asset Management, Human Resources and Financial Plans (ie: the Resourcing Plans) required.  These need to be completed by December which will then inform the development of the Delivery and Operational Plans.  The timelines for this are outlined in the following table.

 

Senior staff and managers will be attending a 2 day “lock-up” on 23rd and 24th February 2012 to complete those plans.  These will then also have to go to Council for consideration and endorsement prior to going on public display. 

 

The plans are due to be presented to the Division of Local Government by June 2012.

 

TIMELINES FOR INTEGRATED PLANNING AND REPORTING

Time line

Community Strategic Plan

Resourcing Plans

Delivery plan

Time line

 

 

 Community forums, shaping group, staff,

IPR Project Managers

HR, Assets, Finance Managers, IPR Project Managers

Directors Engineering, Finance and their teams, GM’s

 

 

July/Aug

Community engagement

 

 

 

July/Aug

 

Unedited outputs report

 

 

August

Shaping the plan

Planning to Plan workshop – HR, Assets and Finance plans

 

August

 

Oct

Draft Community strategic plan

 (check back with community and  shaping groups and consult with stakeholders and social justice groups)

 

Resourcing plans to be completed by mid December

Oct

 

Final draft CSP

To council for adoption

Nov

CSP and resourcing plans inform development of delivery plans

Nov

 

Dec

Public exhibition

 

 

Initial work on delivery plan

Dec

 

Jan

Final graphic design

 

Jan

 

Feb

Final draft to council for adoption

 

IPR Lockdown

Delivery plans completed

Feb

 

Mar

Submitted to DLG

Draft delivery plan adopted by Council

March

 

 

Public Consultation

 

April

 

Adjustment and final plan adopted by Council

 

May

 

Resourcing and Delivery Plans submitted to DLG

 

June

 

 

The Integrated Planning and Reporting Project has been managed as a WBC Alliance project.  There has been some very positive sharing of expertise and ideas within the staff of the Alliance which has greatly assisted in meeting the timelines.  There have also been savings achieved in different areas such as the engagement of the consultants to facilitate the project.

 

Councillors will continue to be updated on the activities of IP & R and a further report will be provided at the December Council meeting.

 

 

Recommendation

 

THAT the draft Cabonne 2025 Community Strategic Plan be adopted and placed on public exhibition for comment.

 

 

 

ITEM 17 - 2012 LOCAL GOVERNMENT ELECTIONS

REPORT IN BRIEF

 

Reason For Report

To seek a resolution from Council concerning the conduct of the 2012 Local Government Elections.

Policy Implications

Yes, depending on Council decision

Budget Implications

Funds in reserve provided by annual allocation

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 285066

 

General Manager's REPORT

 

Council has received previous reports and information regarding the conduct of the 2012 Local Government elections.  In essence, legislation has been changed to enable Councils to conduct their own elections, subject to guidelines provided by the Division of Local Government.

 

Council has previously been advised that Council representatives met with Mr Colin Barry, the NSW Electoral Commissioner, concerning the conduct of the elections.  Feedback at that time was that Council would probably stay with the NSW Electoral Commission.

 

There have also been a number of items of correspondence from the Local Government & Shires Association, Division of Local Government and the Premier and these have been distributed to Councillors by email.

 

There are a number of issues that Councils need to consider in the conduct of the 2012 elections and these include:

 

·    Alternatives to the NSW Electoral Commission.

·    Lack of experienced local government staff who have conducted a local government election.

·    The uncertain nature of elections.

·    Changes to election procedures.

·    Costs.

·    Risk.

·    Recounts.

·    Possible legal action.

·    Advice to candidates.

·    Advice to electors.

·    Electoral roles.

·    Access to Electoral software.

 

In Cabonne’s situation, Council’s resolution to recommend to the Minister for the abolishment of wards will also lead to more complicated voting and counting arrangements.

 

Discussions with the Local Government & Shires Association reveal that the majority of Councils are considering allowing the NSW Electoral Commission to conduct the election, however there are unconfirmed reports of a small number of Councils who are still considering the Australian Electoral Company (Queensland).  It needs to be stressed, however, that the Associations have advised that formal advice has not been received from a number of Councils at this stage, as the final deadline is 30th November.

 

Discussions have also taken place with the Executive Officer of CENTROC to ascertain the view of CENTROC and its member Councils.  Their formal advice at this stage has indicated that the majority of CENTROC Councils will also be using the NSW Electoral Commission, although there are some Councils, Forbes and Parkes, who are still considering their position with the Australian Electoral Company, however a cost differential opportunity exists.

 

Based on the consideration of the issues listed in this report, the indication of costs provided by NSW Electoral Commission (2008 costs plus CPI cost and wage increases), as well as the time that is available for Council to make the decision and for viable alternatives to be put forward, it is believed that for the 2012 elections, Council should continue to use the service of the NSW Electoral Commission.  Council should clearly indicate however the issues and concerns Council has in the conduct of previous elections for matters such as:

 

·    Pre-poll voting was only available in Molong.

 

·    Pre-poll voting centre was staffed by 1 full time and 1 part time person adding additional cost to Council as this has been carried out in the past by existing Council staff.

 

·    Lack of information or contact with an answering machine only when enquiring at the Election hotline.

 

·    Lack of information regarding candidates.

 

·    A reliance from the NSWEC of access to information through their website when not all people, particularly elderly, have internet access.

 

·    Election enquiries were referred back to Council office from the Election hotline.

 

·    High cost of placing required advertisements in local newspapers.

 

·    The need for Electors to be able to vote at any Polling Place within the Shire

 

·    Inflated budget estimate from NSWEC

 

Council should also insist that an appropriate Client Liaison Section be set up to handle the peculiarities of the LG elections.

 

 

Recommendation

 

THAT:

 

1.   Council engage the services of the NSW Electoral Commission for the conduct of the 2012 Local Government Elections.

 

2.   The Local Government & Shires Association be advised of Council’s decision.

 

3.   Further reports on the conduct of the 2012 elections be presented to Council as information comes to hand.

 

 

 

ITEM 18 - CODE OF CONDUCT POSITION PAPER

REPORT IN BRIEF

 

Reason For Report

The Division of Local Government have prepared a position paper for a review of the Model Code of Conduct

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288544

 

Director of Finance and Corporate Services' REPORT

 

The Division of Local Government have issued a circular advising of the progress of the review of the model code of conduct for local councils. The Division has indicated that it sees the model code as an evolving document and that in recent years it has identified or had brought to its attention a number of areas where the Model Code has not operated in the manner in which is was intended, or where its operation could be improved.

 

The Division commenced a review process earlier this year and its discussion paper was issued in June 2011 outlining issues raised about the operations of the current version of the Model Code. A total of 122 submissions were received in the response to the discussion paper from a range of sources including Councils, individual council officials, conduct reviewers, Unions and industry bodies, Members of Parliament, NSW Government Agencies such as the ICAC and the Ombudsman as well as members of the Community.

 

Based on consideration of the submissions received, the Division has prepared a position paper outlining its proposal to reform the Model Code. An email has been forwarded to all Councillors containing a link to the Position Paper for their consideration and information.

 

Councillors are urged to provide comment on the position paper to the Director of Finance and Corporate Services to enable a submission to be lodged on behalf of Council. 

 

 

Recommendation

 

THAT Council make a submission in relation to the Division of Local Government’s position paper for the reform of the Model Code of Conduct.

 

 

 

 

ITEM 19 - BORENORE BUSH FIRE SHED

REPORT IN BRIEF

 

Reason For Report

To update on developments in relation to acquiring the land for Borenore Bushfire Shed

Policy Implications

Nil

Budget Implications

Price of land

Area of Responsibility

Rural Fire Service

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288719

 

Director of Finance and Corporate Services' REPORT

 

Council at its May meeting resolved:

 

‘THAT Council pursue the acquisition of land at the preferred site as indicated by the Borenore Bushfire Brigade being on the corner of Borenore Road and the Escort Way in the first instance with the other sites to be pursued should the preferred site not be realised.’

 

A further report was presented to the June 2011 Council meeting seeking Council permission to modify the setback for a proposed bushfire shed on the subject land. This resolution was necessary in order for the matter to proceed further as without a variation to the setback the land in question could not be utilised for the required purpose.

 

Council is currently in the process of lodging a development application for subdivision of the land to excise that block required for the bushfire shed. Council has also received correspondence from the Borenore Bushfire Brigade indicating that they are anxious for the matter to proceed and that they are disappointed with the delay to date.

 

Correspondence has also been received from the Australian Rail Track Corporation (ARTC) finally providing an update on status of the land as requested by Council several months ago. The ARTC have indicated the current position as follows:

 

·    ARTC understands that the Country Rail Infrastructure Authority (CRIA) supports in principle the sale of the land subject to normal conditions relating to the contamination investigation and agreed commercial terms

·    ARTC is working with Council in progressing the sale and requires Council to provide:

o A formal request advising they wish to purchase the land

o Confirmation of the area for Rural Fire Service use

o Confirmation of the area for Borenore community use

·    ARTC has verbally advised Mr Graeme Fleming advising that all communication relating to this matter is to be progressed through the General Manager of Cabonne Council

·    CRIA has been provided with verbal advice by NSW Treasury and State Property Authority (SPA) that a sale of CRIA land to Cabonne Council would need to be at market value. The value of the land would be assessed by the State Valuation Office.

·    This land can be sold to Cabonne Council as a direct sale due to it being proposed as a non-profit and community use

 

The ARTC have further advised of a number of steps that are required for Council to proceed. These costs would involve Council in a substantial outlay of funds at a time while it is pursuing an alternative piece of land at substantially less cost. Pending the outcome of the steps being taken to acquire the preferred site as indicated at the May Council meeting it would be prudent not to take any further action in relation to the ARTC land proposal.

 

 

Recommendation

 

THAT Council proceed as a matter of urgency with the acquisition of part of the road reserve on the corner of Borenore Road and the Escort Way.

 

 

 

 

ITEM 20 - Quarterly Budget Review

REPORT IN BRIEF

 

Reason For Report

To present to  Council changes to initital Budget estimates for the 2011/2012 Budget

Policy Implications

In accorance with Council Policy

Budget Implications

Yes

Area of Responsibility

Finance

Annexures

1.  September QBR Reserve List

2.  September QBR Cash and Investments Reconciliation

3.  September QBR Bank Reconciliation

4.  September QBR    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287581

 

Senior Accounting Officer's REPORT

 

In accordance with new requirements in reporting standards, the September Quarterly Budget Review is presented to Council in a revised form.

 

The first Statement of the new format is a Statement by the Responsible Officer, declaring that in his/her opinion the income and expenditure position, with regard to the final projections, is satisfactory. If it is considered that the position  is not satisfactory the Responsible Officer must recommend remedial action to rectify the position.

 

The changes provide for  an Income and Expenditure Statement to be included, listing any proposed changes to the budget.  This list may be presented either by Activity or Consolidated format.

 

As well, a Capital Budget Statement is presented, showing the initial budget details of expenditure and the origin of the funds covering the costs. Both statements require an actual to date position of the different  activities.

 

Consultancy and Legal Expenses are to be noted for the period and refer to those costs which have been incurred during the period and were not included in the original budget.

 

Contracts and Other notable expenditure items are also to be noted and again, represent those costs that have not been included in the original budget.

 

Key Performance Indicators are also to be included and represent a selection of  those included in Council’s Annual Statements. It is difficult to process this information accurately to date, so an estimate of the intended Key Performance Indicators that is to reached in the 2011/2012 budget has been complied, and as well   showing  the previous two years’ outcomes.

 

The Statement for Cash & Investments must be included and again a Statement by the Responsible Officer is attached to declare that in his/her opinion  Council’s Restricted Funds have been  invested in accordance with Council’s policies.

 

Item1.  Governance & Administration

 

The items for change in this area includes minor changes to the fees for Councillors and for the Mayoral allowance of $1,879, some adjustments to the cost of the annual report a reduction of $880 and an increase to the Staff Acknowledgement  Scheme.  Expenditure for a WBC Research project of $15,000  is included here as well.

 

Some activity has been noted in the insurance area with no significant change to the budget.

 

The overall effect of the level of transfers to and from the Provision and Reserve accounts amount to increase of $235,976.  This includes a reduction of $420,000 in the transfers from the reserve for the Bridges Project, as it is considered that all of the work for this project will not be carried out in this financial year.

 

No changes have been made to oncosts or overheads in this review and these areas will be reviewed in the December  Quarterly Budget Review.

 

Item 2.  Public Order & Safety

 

 No major changes in this area.

 

Item 3. Health

 

No major changes in this area.

 

Although, as at the 30th of September 2011 Waluwin Centre had  an occupancy  rate of only 30%  the financial position of the centre is, at this time,  satisfactory. The position will again be reviewed in the December  Quarterly Budget Review.

 

 

Item 4. Environment

 

No major changes in this area.

 

Item 5. Community Services & Education

 

No major changes in this area.

 

Item 6. Housing & Community Services

 

In this area and amount of $75,000 has been allocated to the relief staff vote in the Environmental Services area. This amount has been funded from the Provision account for that purpose.

 

Item 7. Water Supplies

 

No major changes in this area.

 

Item 8. Sewerage Services

 

No major changes in this area.

 

Item 9 Recreation & Culture

 

An amount of $144,468 has been allocated to the renewal of public halls. Part of this cost has been funded by Grant income $40,000 and the remainder from Councils’ reserves.

 

An additional grant for Urban Disaster repair has been  allocated to Council and this amount includes $210,000 for the repair for parks and gardens.

 

Item 10. Mining Manufacturing & Construction

 

No major changes in this area.

 

 

Item 11.Transport & Communication

 

There has been an increase in activity in this area and it is expected that an additional $2.2 million will be spent on various works here.

 

The Roads and Traffic Authority has allocated $1 million for the upgrade of the Nashdale bridge. $250,000 has been allocated to the upgrade  Molong Railway bridge. $102,541 for the Douglas Creek bridge,

 

$100,000 for the Canobolas Road and $250,000 for the Kurrajong Road has been drawn from FAG  Grant funds.

 

The allocation of funding from the Roads to Recovery Program has increased by $461,286 with an additional $100,000 being allocated to Gaskill Street upgrade and $300,000 allocated to Waldergave Road, as well as $80,000 to Paul’s Lane in Canowindra.

 

Safety Project on the Cargo Road Guardrails has been allocated $150,000 and $180,000 allocated to the Black Spot area.

 

It is estimated that only $1.03 million will be spent in the Local Bridges area with $650,000 allocated to Packham’s Way the Gap, $300,000 allocated to Longs Corner -Tom’s Waterhole and $80,000 allocated to Cotton’s Bridge.

 

Item 12. Economic Affairs

 

No major changes have occurred in this area with $22,979 being reallocated to the  sealing of the Canowindra Caravan Park.

 

Item 13 General Purpose Income

 

An increase in the Financial Grant for Finance is noted in this Quarterly Budget Review of $71,698.

 

No changes to the interest revenue has been made in this review, except to acknowledge that $15,000  has been allocated  to the Housing and Community areas for Heritage Activities for the contribution to the Orange Blayney and Cabonne Sustainable Collections Project.

 

 

Recommendation

 

THAT the variances listed in this review be endorsed by Council and that Council’s 2011/2012 Budget be amended to reflect the changes.

 

 

 

 

ITEM 21 - THE PAYMENT OF EXPENSES AND THE PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 2012 Policy

REPORT IN BRIEF

 

Reason For Report

Councils are required to review their Councillor expenses and facilities policies on an annual basis.

Policy Implications

Once adopted this policy will replace the existing Policy.

Budget Implications

Nil

Area of Responsibility

Governance / Policy / Councillors

Annexures

1.  Draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286879

 

Administration Manager's REPORT

 

Council at its September 2011 meeting resolved:

 

THAT Council:

1.      Council endorse the draft Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy including limits for expenses listed.

2.      In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy.

3.      Receive a further report to the November Council meeting for consideration of submissions and adoption of the Payment of Expenses & Provision of Facilities for Mayor and Councillors 2012 Policy.

The Draft Policy was advertised inviting submissions until 5.00pm on 1 November 2011: no submissions were received.

 

Council is now required to adopt its policy.  Within 28 days of adopting such a policy a copy is to be submitted to the Division of Local Government.

 

 

Recommendation

 

THAT Council adopt the annexed Payment of Expenses & Provision of Facilities for Mayor and Councillors (2012) Policy and forward a copy to the Division of Local Government.

 

 

 

ITEM 22 - PUBLIC INTEREST DISCLOSURES

REPORT IN BRIEF

 

Reason For Report

To provide Council an adopt an Internal Reporting Policy as required by legislation.

Policy Implications

Yes - wil become Council's new Policy

Budget Implications

Nil

Area of Responsibility

Policy

Annexures

1.  Draft Public Interest Disclosures (Internal Reporting) Policy    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287086

 

Administration Manager's REPORT

 

Council was previously advised of changes to the Protected Disclosures Act 1994 which has been renamed the Public Interest Disclosures Act 1994 (the Act) and applies to all public authorities in NSW including councils.

 

The Act sets out the system under which people working within the NSW public sector can make complaints about the functioning of the public sector in a way that minimises the risk of reprisal.  The things people can make disclosures about are serious maladministration, corrupt conduct, serious and substantial waste, and a failure to properly fulfil functions under the Government Information (Public Access) Act 2009.

 

A draft policy has been developed (copy annexed) based on a model template from the NSW Ombudsman which was then generally prepared by Blayney Shire Council’s Director Corporate Services as a WBC Alliance contribution - the director’s efforts are appreciated and hereby acknowledged.

 

The changes to the Act that take effect on 1 November 2011 are summarised below.

         

1.   Every public interest disclosures policy must require the council to acknowledge receipt of a disclosure within two working days, and send a copy of its policy, to a person who makes a public interest disclosure within 45 days of the person making the disclosure.  This has been included in the Policy.

 

2.   The general manager must ensure that the council has a public interest disclosures policy, that the policy designates at least one officer of the council as being responsible for receiving disclosures on behalf of the council, that staff are aware of the policy and the protections of the Act and that the council complies with the policy and the Act.  The policy designates to whom disclosures can be made.

 

3.   Clarification regarding to whom a public authority and an investigating authority must refer evidence or a brief of evidence relating to an offence of taking detrimental action against a person making a disclosure.

 

4.   Council officials will be able to disclose a wider range of wrongdoing directly to the Chief Executive, Division of Local Government and receive the protections of the Act.  In addition to public interest disclosures about serious and substantial waste of local government money, the Chief Executive will be able to receive disclosures about corrupt conduct, maladministration, breaches of pecuniary interest obligations under the Local Government Act 1993 and a failure to exercise functions properly in accordance with the Government Information (Public Access) Act 2009 by councils.

 

5.   Disclosures made in accordance with the Act will be known as public interest disclosures (formerly protected disclosures).

 

 

Recommendation

 

THAT Council adopt the draft Public Interest Disclosures (Internal Reporting) Policy.

 

 

 

ITEM 23 - Macquarie Pipeline Concerned Citizens Committee Meeting

REPORT IN BRIEF

 

Reason For Report

Report to Council the matters raised at a Meeting of the Macquarie Pipeline Concerned Citizens Committee and Council representatives.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288619

 

Director of Engineering and Technical Services' REPORT

 

Background, Cabonne Council’s Involvement

Council would be aware Cabonne has representation on three committees established to facilitate the community engagement plan for the project. The committee and representatives are:

 

1.   NSW Office of Water Taskforce – Orange Drought Emergency Water Project.

Delegates: Mayor and Director Engineering and Technical Services.

 

2.   Macquarie Pipeline Consultative Committee.

Delegates: Mayor and General Manager or GM’s representative.

 

3.   Rural Landholder Sub-Committee

Delegate: Mayor.

 

The attendance at these meetings provides Cabonne Council an on-gong role in the development of the project as an important communication conduit for stakeholders, Orange City Council and the Taskforce.

 

Council may also recall a resolution relating to the proposed pipeline December 2010 and June 2011as follows:

 

THAT Council:

 

1.   Encourage the cooperative approach between Orange City Council and Cabonne Council in relation to water issues.

2.   Advise Orange City Council that Cabonne Council generally endorses the secure water supply strategy for the city going forward to 2040.

3.   Place the forming of a joint committee/working party for water management initiatives effecting Cabonne on the agenda for the joint Orange City Council/Cabonne Council combined Council meeting in February.

4.   In the interim authorise the Mayor and Deputy Mayor to enter into discussions with the Orange City Council Mayor & Deputy Mayor.

5.   Write to the WBC Alliance partners advising of Council’s resolutions.

 

That Council:

1     Council obtain an updated status report and timeline from Orange      City Council in relation to the project.

2     Further details of the establishment of a State Government         Taskforce be investigated in relation to Terms of Reference and   representation.

3     An update on the approval process for the Pipeline through Part 3A   or alternative measures be obtained.

4     Council staff assist in assessing the impact of the Pipeline.

5     Council support the establishment of a Community Consultative          Committee involving at least representatives from Orange City Council, local landholders and Cabonne Council.

    6       Council continue to meet and liaise with the Macquarie Pipeline                        Concerned Citizens Group.

         7       A Copy of Council’s report and resolutions be provided to Orange                City Council for their information

 

Macquarie Pipeline Concerned Citizens Committee Meeting

 

Members of the Macquarie Pipeline Concerned Citizens Committee met with the Mayor and senior staff on Thursday 10 November to discuss the development of the Macquarie pipeline project. Also in attendance were councillors MacSmith, Culverson and Gosper

 

The meeting raised a number of issues for discussion and Council’s further consideration;

 

1.   Macquarie River flow and extraction rates.

The Committee feels the information relating to river flows, reference to “averages” and extraction rates is not clear.

 

2.   The Committee asked Cabonne Council’s views on locating the proposed pipeline in the roadway.

The item is commented on in a later part of this report.

 

3 The number of pumping stations (3) and the size of the balance tanks (1Ml).

The Committee asked if Council’s delegates could raise this at the Taskforce meeting, seeking a reduction in the number of pumping stations and reducing the size of the balance tanks. Citing noise and visual amenity as the concern.

 

4 Power Up-grades

The Committee queried if customers on the line would benefit from the power up-grade and if there would be any cost to the customer.

 

5 Environmental assessments for the power up-grade.

The Committee wanted reassurance that Orange City Council would be undertaking the environmental assessment for the power upgrade as required by the Minister.

 

6 Weed management.

A member of the Committee commented that he had observed the “weed management” first hand and considered the brush down of the wheels as inadequate. The control of weed by transportation of vehicles should include inspection of the underside of the vehicle, not just the brush down of the wheels.

 

7Access agreements

The Committee raised concern that a number of landowners on the proposed pipeline route had signed access agreements without fully understanding what was being signed and asked if Council could bring this to the attention of those affected.

 

Location of the pipeline in the road reserve

 

The approval to locate sections of the proposed pipeline has also been sought by Orange City Council (OCC).

 

Council is in receipt of a letter from OCC advising that the favoured route for the pipeline for a few areas falls within the road reserve and in a few instances within the road pavement. The letter seeks council’s approval to undertake construction within the road reserves, subject to the Ministers approval to the project.

 

The letter also asks for the approval process and any conditions that may apply if the pipeline is to proceed.

 

Construction of pipeline in road reserve (clear of road formation)

 

The location of major underground infrastructure in the road reserve places a significant imposition on the road authority if not constructed properly or adequately identified. Failure (rupture) of the pipeline poses a risk to councils infrastructure and public safety if located close to or in the road pavement. The preferred location would be parallel and 1m of the fence line and a minimum of 3m from the edge of the carriageway for the following reasons;

1.   With the pipeline located as close to the fence line as possible the risk of damaged by council plant undertaking routine roadside vegetation management and drainage works is reduced.

2.   Marks locating the pipeline are less likely to be damaged of removed.

3.   Infrastructure at ground level, such as valve pits are also less likely to be damaged by maintenance and or future road works.

 

Construction of pipeline in road formation

Construction of the pipeline is not favoured in the road formation or pavement area. However where this cannot be avoided or alternate locations pose higher risk/environmental considerations; the following conditions should be adopted.

 

1.   Road Openings

a)   OCC to provide depths and trenching backfill details for all road crossings.

b)   Notice of disruption to traffic to be advertised 2 weeks in advance of works (in accordance with the Roads Act 1993).

c)     Traffic control to be provided in accordance with the relevant RTA and Australian Standards

d)   Pavement and wearing surface to be reinstated to Councils Strategic WBC Engineering Guidelines August 2009 (Version4).

e)   Sedimentation controls in accordance with Councils Strategic WBC Engineering Guidelines August 2009 (Version4) to be incorporated in the works.

 

2.   Valve pits

 

All valve pits and surface infrastructure is to be located clear of the road formation and suitable protected by a concrete or steel pillar.

 

3.   Pipe located in Class 3 Level 1 roads (4m wide gravel roads)

 

Construction of the pipeline in lanes and roads with minimal pavement infrastructure may be allowed subject to the following conditions;

a)   Minimum cover over pipe to be 900mm

b)   Backfill of trenches to be a select compacted granular material.

c)     The road surface to be reinstated to the standard 4m wide formation with crown and crossfall.

d)   Road damaged by the construction of the pipeline to be reinstated with a minimum of 100mm of compacted select road base.

e)   Notice of disruption to traffic to be advertised 2 weeks in advance of works (in accordance with the Roads Act 1993).

f)      Sedimentation controls in accordance with Councils Strategic WBC Engineering Guidelines August 2009 (Version4) to be incorporated in the works.

 

4.   Maintenance period

 

All works in the road reserve to have a maintenance liability period of 12 months.

 

5.   Damage to Council infrastructure

 

Prior to the commencement of works associated with the construction of the pipeline OCC is to provide a traffic management plan that will identify the route for construction vehicles. Damage to councils infrastructure deemed to be caused by works associated with the construction of the pipeline is to be repaired at cost to OCC.

 

 

Recommendation

 

THAT Council:

 

1.          Take the concerns of the Macquarie Pipeline Concerned Citizens Committee direct to the NSW Office of Water Task Force

2.          Endorse the conditions relating to the construction of the pipeline in the road reserve and road pavement.

3.          Continue to liaise with the Macquarie Pipeline Concerned Citizens Committee concerning the project.

4.          Receive further reports on the Macquarie Pipeline proposal as information comes to hand.

 

 

 

ITEM 24 - NEWELL TASKFORCE MEMBERSHIP

REPORT IN BRIEF

 

Reason For Report

To provide Council with the Newell Taskforce Meeting minutes held in Dubbo 10 October 2011.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Roads and Bridges

Annexures

1.  Minutes of the NSW Taskforce Meeting    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287140

 

Director of Engineering and Technical Services' REPORT

Council has received minutes of the NSW Taskforce meeting held in Dubbo on the 10th October 2011 (copy included in the annexure to this report).

As can be seen in the minutes the items on the agenda are fairly broad and do not only relate to issues directly related to traffic on the Newell Highway. The committee also deals with associated transport issues and infrastructure that may affect transport within the Cabonne LGA.  The taskforce chairman Clr Ken Keith from Parkes is asking for councils with transport or traffic related access to the Newell Highway to nominate a representative to attend the regular quarterly meeting.

This representative may be either elected or of staff status.  The next meeting is scheduled for the 13 of February 2012

 

Recommendation

THAT ;

1.   Council note the Newell Taskforce management minutes

2.   Consider nominating a representative to the Newell Taskforce.

 

 

 

ITEM 25 - IPART Review of access pricing on the grain line network

REPORT IN BRIEF

 

Reason For Report

Report to Council the IPART draft report 9 October 2011) on the Review of access pricing on the grain line network.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Traffic and Transport

Annexures

1.  Executive Summary - IPART    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288112

 

Director of Engineering and Technical Services' REPORT

 

Council may be aware IPART have release its draft report on access pricing for the grain line network in NSW. An extract from the Executive summary of that review is included in the annexure to this report. The full draft document can be found on the IPART web site.

 

The sustainability and operation of the grain line network in NSW has long been an issue for Local Government with many of the lines falling into disrepair or becoming non-operational. Closure of grain receival sites on grain lines in the Cabonne area has seen a significant increase in movement of grain on the local road network.

 

In December 2010, the Government asked IPART to investigate and recommend future access pricing arrangements to promote the sustainability of the network, taking into account;

 

·    The efficient costs of providing grain freight services over the next 5 years

·    The impact of any recommended prices on the road network and requirements for government funding of the grain line, and

·    The ability and willingness of the grain industry to pay the recommended access prices.

 

Some items of note from the Executive summary

 

·     Wheat is the most valuable non-mineral export commodity

·    Expected to exceed $1.5 billion 2011/12

·    In the absence of the grain line network, over 1.5 million tonnes of grain would need to be transported to a mainline consolidation facility or to a port/large domestic user by road

·    The grain line network is old and many parts of it have fallen below a standard considered fit for purpose

o (same could  be said for a lot of the road network)

·    At the current level of usage and access prices, only 3% of the operating and maintenance costs of the network are recovered from the users, relaying on government subsidies for the remainder.

·    The study suggests 100% increase in access price is considered to be still below the equivalent road costs with a substantial advantage over road (on average $16.50 per tonne)

·    The increase will help promote the long-term sustainability of some lines, others not so.

·    Recommendations 10 and 11 recommends the funding earmarked for grain lines that cease to operate should be diverted to road maintenance costs.

·    IPART are seeking submissions on the draft by 9th December 2011 (5 weeks from release of the draft)

·    Final report and recommendations to the NSW Government February 2012.

 

The report recommends funding for grain lines suspended through this review to be diverted to roads. Council may wish to consider additional funding on the Local and Regional Road network to be retrospective and to include those lines already closed due to lack of maintenance. In any event there needs to be an on-going monitoring of the impact any change to access pricing has on the road network and provision made in the legislation to guarantee additional funding for road maintenance.

 

 

Recommendation

 

THAT Council note the IPART study and formulate a submission expressing concern that the recommendations do not adequately provide for additional funding of roads impacted by increased movement of grain by road.

 

 

 

 

ITEM 26 - Reform of NSW Aboriginal Culture and Heritage Legislation

REPORT IN BRIEF

 

Reason For Report

Advise Council of the proposed reform and consider attendance of Workshops

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Environment and Heritage

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287655

 

Director of Engineering and Technical Services' REPORT

 

Council has received advice from the Office of Environment and Heritage of the commencement of a process to review and reform NSW legislation for the protection and conservation of Aboriginal culture and heritage.

 

A working party, Aboriginal Culture and Heritage Reform Working Party has been established and will, over the next 12 months be seeking the views of a wide range of stakeholders.

 

Council has been invited to attend these workshops. The next available workshop is scheduled for 9th December in Dubbo, 9:00am to 3:30pm at the RSL Club. This workshop is a multidisciplinary roundtable meeting for peak industry organisations, catchment management authorities, local government, archaeologists and environmental groups.

 

Additional information on this matter can be found on the OEH website; www.environment.nsw.gov.au/achreform.

 

 

Recommendation

 

THAT Council consider participation in the roundtable meeting and nominate a delegate.

 

 

 

ITEM 27 - CENTROC ELECTRICITY TENDER

REPORT IN BRIEF

 

Reason For Report

Seeking Council's approval to join the CENTROC Council's in tendering for electricity services.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Procurement

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288367

 

Director of Engineering and Technical Services' REPORT

 

Council, a member of CENTROC, procures electricity as part of a regional tender with other CENTROC member Councils. The contract is due for renewal June 30 2012. Good savings have been had regionally by participating in the CENTROC contract in the past.

 

A comparison of value for money and compliance with Local Government Act tendering regulations through varying electricity procurement methodologies was provided to the General Managers Advisory Council (GMAC) meeting of July 2011.  General Managers subsequently resolved to procure the next electricity contract through Local Government Procurement (LGP). This was ratified at the CENTROC Board meeting in August.

 

Besides the anticipated cost savings of regional procurement, Council will not contribute funds to be part of this process and it delivers a compliant procurement process under the Local Government Act.  A management fee will be paid by retailers to LGP.

 

Utilising LGP’s prescription status, this process will not require the tender outcome to be put to the elected Council for acceptance provided the approved process is followed, as outlined below.  LGP also advises CENTROC councils that in considering tenders it has the option of entering into clarifications or negotiations should  that be necessary and also that LGP aims to exercise the options (with due governance) that will achieve the best outcome available at that time for CENTROC councils. 

 

Once the formal process commences, the timeframe will be tight. Councils need to be conscious that electricity is a commodity and market prices, like the share market, can be quite volatile.  LGP stresses that only a commercially viable price will be accepted.  

 

Statutory Requirements

 

As Council spends more than $150,000 on electricity it must go to tender in accordance with the Local Government Act Tender Regulations.

 

 

What are the benefits?

 

Cost savings in the past on regional electricity contracts have been significant. For example in its first year of operation, the contract saved $400,000 for Parkes Shire Council.

 

By using LGP, who have prescription, procurement can be undertaken compliantly in the challenging timeframes required to procure electricity where typically retailers only hold prices for short period of time.

 

LGP use specialist assistance to develop the contract and this, along with advice from a pool of CENTROC members, should ensure the best possible contract for Council.

 

What can Council expect?

 

The process:

 

1.    All CENTROC councils wishing to participate will be asked to have their General Manager sign a commitment form. This will bind the participants to accept LGP’s recommended tender outcome where that outcome equals or betters a pre-agreed target price.

 

2.    Simultaneously, LGP will invite participation from other interested councils and NFP’s. (This is to maximise the aggregated consumption and thus maximise pricing leverage during the process.)

 

3.    LGP will recommend a price band that it would consider appropriate for each electricity category councils require.

 

4.    LGP will monitor market activity and when appropriate, will seek bids from the LGP Electricity Retailers panel via a closed RFT.

 

5.    The electricity supply categories tendered will be  Large Sites >160 MWh pa, Small Tariff Sites, Unmetered Street Lighting and Green Power. 

 

6.    LGP expects to require that pricing remain valid for up to 7 calendar days. (A significantly shorter period would enable the most competitive pricing, but the process could not conceivably be finalised in that time.) Once received, the priced offers will be quickly analysed and a decision will be made based on the pre-approved target price.

 

7.    The offers will be evaluated by a Tender Evaluation Team comprising LGP staff supported by TTEG staff. TTEG is a recognised energy consultant and was involved in the earlier successful LGP processes.  The Tender Evaluation Team will be further supported by a Tender Evaluation Working Group comprising up to 6 staff from participating CENTROC councils.  Large sites, Unmetered Street Lighting and Green Power will be analysed firstly followed by Small Tariff sites.

 

8.    Clarifications, if necessary, will be carried out and negotiations entered into if warranted.

 

9.    A report will be drafted by LGP after evaluation of submissions.  It will be forwarded to the Tender Evaluation Working Group for review and feedback.  Once finalised, the report will be presented to council General Managers. However councils should note that in originally nominating to participate and signing the General Manager Authorisation Form, the General Manager has agreed to LGP advising the successful tenderer of the outcome and of the council’s agreement to enter a contract with the electricity retailer.  Before doing this of course, LGP will be allowing the input of the Tender Evaluation Working Group (comprised of council representatives) and feedback from the general managers themselves.

 

10.  Once a Retailer is selected by LGP via the evaluation process, the terms of the contract will be put to the council, including details of the selected Retailer and the selected contract price. The council (via the General Manager), will be given a minimum of 2 full working days to review the pricing under the proposed contract and indicate its acceptance or rejection of the contract. Note that a recommendation for Large sites, Unmetered Street Lighting and Green Power will be made some days earlier than the Small Tariff sites.

 

The timeframe

 

Indicative timeframe for this project is as follows:

 

Action

Date

Release of RFT

To be Determined

Expected closing date

·    Buildings and facilities and street lighting

·    Smaller “tariff” sites

 

3 weeks later

4 weeks later

Tender evaluation

·    Buildings and facilities and street lighting

 

·    Smaller “tariff” sites

 

Within 1 week of tender pricing

Within 1 week of tender pricing

To be determined

Report to Tender Evaluation Working Group for review **

Within 2 days of tender pricing

Tender Evaluation Working Group feedback **

Within 1 day

Report to council General Managers for information **

Within 4 days of tender pricing

Notification of outcome to tenderers **

Within 7 days of tender pricing

**Small tariff sites lag by 2 to 4 days

 

Options

 

Council has the option to:

 

a)   Include itself in the regional procurement of electricity with other CENTROC members;

b)   Procure electricity as a stand alone;

c)   Investigate other options – note once the regional CENTROC contract has “moved on” Council will not be able to opt in or out of the process; or

d)   Resolve in some other way.

 

Conclusion

 

CENTROC has reviewed procurement types for renewing the electricity contract for its member Councils. Procurement through LGP was recommended by GMAC and ratified by the Board. Council, a member of CENTROC, takes part in the regional electricity contract due for renewal 30 June.  Given the value for money through CENTROC contracts developed in the past and LGP’s prescription status offering Council compliance under the Tendering Regulation of the Local Government Act, it is recommended Council resolve to take part in the CENTROC electricity contract using the service of LGP and nominate Council’s General Manager or his delegate to be the staff member for inclusion in the process.

 

 

Recommendation

 

THAT Council take part in the CENTROC electricity contract using the service of LGP nominate the General Manager or his delegate to be the staff member for inclusion in the process.

 

 

 

ITEM 28 - FLUORIDATION OF MOLONG WATER SUPPLY

REPORT IN BRIEF

 

Reason For Report

Council to consider action, if any, to further progress the possible fluoridation of the Molong water supply

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288372

 

Director of Engineering and Technical Services' REPORT

 

The Principal Advisor, Centre for Oral Health Strategy NSW, Dr Shanti Sivaneswaran made a presentation on the health benefits of fluoridated water to the October Council meeting.

 

In that presentation Dr Sivaneswaran advised the process for progressing to fluoridated water, should Council wish to do so, can be either;

 

1.   Request the Director General to approve fluoridation.

2.   Refer the matter to the Fluoridation of Public Water Supplies  Advisory Committee.

 

If referred to the Advisory Committee the committee will seek community view and make a recommendation to the Minister.

 

Water Utilities are requited to have certain minimum requirements for the operation of filtration plants when adding fluoride to its water (as per Fluoridation of Public Water Supplies Regulation 2007.), these include:

 

5 Fluoridation equipment

A water supply authority must not fluoridate a public water supply under its control unless it uses equipment that allows for accurate fluoride dosing within the limits allowed by the Fluoridation Code.

7 Analyses of water samples

 

(1) A water supply authority must collect from any public water supply fluoridated by it any samples of water that are required to be collected by the Fluoridation Code.

(2) The authority must analyse the samples for their fluoride content using the equipment and methods recognised by the Fluoridation Code.

(3) A water supply authority must forward:

(a) the results of the analyses carried out by it under this clause during the previous month, and

(b) a sample of the water from the authority’s reticulation system,

to the persons, and at the times, required by the Fluoridation Code.

 (4) A water supply authority must also forward to the Director-General additional samples of water from the authority’s reticulation system as the Director-General may from time to time require

 

8 Fluoridation to be carried out by qualified operators

A water supply authority must not, except as allowed by the Fluoridation Code, cause or permit a public water supply to be fluoridated by any person who is not a qualified operator.

9 Security of plant rooms

 

(1) A water supply authority must ensure that premises containing any fluoridating agent, or any fluoridation plant or equipment, are kept locked whenever a qualified operator is not in attendance at those premises.

 (2) A person who is not a qualified operator must not enter any such premises unless:

(a) in the company of a qualified operator, or

(b) with the approval of a qualified operator.

 (3) An approval referred to in subclause (2) (b) may be given only in accordance with the provisions of the Fluoridation Code

 

As previously reported to Council and included in the media information package to customers, the initial capital cost for fluoridation is met 100% by the State Government and the annual cost is estimated at $13 per customer.

 

Staff will require training to become qualified water operators.

 

 

Recommendation

 

THAT Council refer the matter of fluoridation of the Molong water supply to the Fluoride Advisory Committee.

 

 

 

ITEM 29 - DEVELOPMENT APPLICATION 2012/83 - PROPOSED DWELLING, STORAGE SHED AND WATER TANK, LOT 4 SECTION 9 DP 758643

REPORT IN BRIEF

 

Reason For Report

Requested by Chair Environmental Services and Sustainability Committee as the planning recommendation is for refusal of the development

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Development

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287936

 

Director of Environmental Services' REPORT

 

ADVISORY NOTES

Record of voting

In accordance with s375A of the Local Government Act 1993, a division is required to be called when a motion for a planning decision is put at a meeting of Council or a Council Committee.  A division under s375A of the Act is required when determining this planning application.

 

Political Disclosures

In accordance with s147(4) of the Environmental Planning and Assessment Act 1979, a person making a planning application to Council is required to disclose political donations and gifts made within 2 years prior to the submission of  the application and concluding when the application is determined.

 

In accordance with s147(5) of the Environmental Planning and Assessment Act 1979, a person making a public submission to Council in relation to a planning application made to Council is required to disclose political donations and gifts made within 2 years prior to the submission being made and concluding when the application is determined.

 

Political donations and gifts (if any) to be disclosed include:

·    All reportable political donations made to any local councillor or Council,

·    All gifts made to any local councillor or employee of the Council.

 

Nil planning application disclosures have been received. 

 

Nil public submission disclosures have been received. 

 

SUMMARY

 

The following report provides an assessment of the development application submitted for a proposed single storey dwelling, storage shed and rainwater tank upon Lot 4 Section 9 DP 758643, Orange Street, Manildra.

 

The application has been referred to the Council for determination as the proposal is inconsistent with the Cabonne Local Environmental Plan 1991. The subject land does not satisfy the criteria established by clause 18 of the Cabonne LEP 1991for the construction of a dwelling upon land zoned Rural 1(c). Council therefore does not have the legal ability to approve the proposed development. If council were to choose to support the application it would be ultra vires and any resulting landuse would be unlawful. It is recommended that the application be refused.

 

Applicant: Mr C and Mrs T Gosper

Owner:      Mrs LF Penson

Proposal:  Dwelling, storage shed and rain water tank

Location:   Lot 4 Section 9 DP758643, Orange Street, Manildra

Zone:         1(c) Rural Small Holdings

 

THE PROPOSAL

It is proposed to construct a 5 bedroom, single storey, brick dwelling having frontage to Orange Street, Manildra. Whilst detailed plans have not been provided with the application, the site plan indicates a 7m x 12m shed and a 22,500L water tank are proposed in the western corner of the lot.

 

Site Map

 

 

MATTERS FOR CONSIDERATION

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

 

Cabonne Local Environmental Plan 1991 (Amended)

The subject land is zoned 1(c) Rural Small Holdings by the Cabonne Local Environmental Plan 1991.  A dwelling and ancillary structures are permissible within this zone, subject to Council’s development consent.

 

Objectives of the 1(c) zone

The proposal is not contrary to the aims of the LEP or the objectives of the 1(c) zone.  The development relates to and is consistent with the zone objective which seeks to “promote development of land identified as suitable for rural residential or hobby farm development".

 

Clause 10 - General considerations for development

The proposal is not inconsistent with clause 10. The allotment is currently vacant rural land having been part of a larger area of Crown land leased for rural purposes.  The site is cleared of timber and has no know mineral resource or extractive materials.  Development of the site would reduce its availability for agricultural use, however it would support limited hobby farm use and a rural residential lifestyle opportunity.

 

Extensions of any utility services to the site would be at the cost of the developer. It is noted that reticulated water, should it be available to the site, would be the subject to the developer’s separate negotiations with Central Tablelands Water as the supply authority.

 

The area surrounding the subject lot has been identified in the draft Manildra Settlement Strategy for future village expansion. The Strategy has been used to inform the draft Cabonne LEP 2011 in which it is proposed that an area bounded by Orange Street, Whitton Street and Toogong Street be zoned under the new LEP for village/residential use. Council has recently adopted the draft plan under s64 of the Environmental Planning and Assessment Act. The draft plan however has no statutory significance at this time. Upon gazettal of the Standard Instrument LEP (assuming there will be no major changes required of the draft provisions) a dwelling may then be permissible upon the subject lot.

 

Clause 18 – Dwelling-houses in zone 1(c)

The subject land has an area of 2023m². Clause 18 of the Cabonne LEP 1991 specifies that a person shall not erect a dwelling-house on vacant land within zone 1(c) unless the land has an area of 0.4ha or more. The subject land is less than the minimum lot size.

 

Clause 18 also permits a dwelling upon 1(c) land where the land comprises the whole of an existing holding, or is an allotment created in accordance with the LEP for a purpose (other than agriculture), or is an allotment created with a development consent issued before the appointed day on which a dwelling could have been erected immediately before that day, or e a viable intensive agricultural holding, or be land identified in Schedule 2 of the LEP.

 

The allotment does not satisfy any of the provisions under clause 18 for permission to construct a dwelling upon land zoned rural 1(c). Council does not have the ability to consider the development application for approval.

 

 

REGIONAL ENVIRONMENTAL PLANS

There are no Regional Environmental Plans that apply to the subject land.

 

 

STATE ENVIRONMENTAL PLANNING POLICIES

Cabonne Council is identified within the SEPP 44 schedule as having koala habitat.  The applicant has not addressed the SEPP; however, the subject land is generally cleared and the proposed development will not impact upon any existing vegetation.  There are no known sightings of koalas in the locality, or sources of koala habitat.

 

PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT THAT HAS BEEN PLACED ON EXHIBITION s79C(1)(a)(ii)

There are no draft environmental plans that relate to the subject land or proposed development.

 

 

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 6 applies to this land. The submitted plans generally satisfy clause 4.2 of DCP 6 in that the siting and location of the buildings does not have an adverse impact upon the rural residential character of the adjoining land.

 

The proposed structures do not conform to the setback requirements established in clause 4.2(vii) of DCP 6. Council may however consider variations to the building line in exceptional circumstances. The DCP and Council policy requires a front setback of 20m. The nominated 8m front setback responds to the minimum setback applicable to village/residential allotments.

 

Clause 4.4 requires provision of a water supply with storage facilities for a minimum of 90,000 litres. The applicant is seeking approval of a 22,500L water tank and supply of reticulated water (noting the supply authority is Central Tablelands Water). The applicant has not demonstrated provision of water reserves for fire fighting purposes as specified by DCP 6.

 

The applicant has indicated that soils conservation and site landscaping will be undertaken as part of the development however no details have been provided of the scope of the works.

 

The applicant has not indicated the location of the proposed vehicular access to the allotment. It is therefore assumed that a driveway crossing is proposed and would be located in a direct line between the Orange Street road reserve and the proposed double garage. Full details of location and proposed construction would need to be assessed as part of a Construction Certificate.

 

 

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Siting /location

The proposed dwelling is to be located with frontage to Orange Street. The single storey dwelling and associated storage shed and water tank are in character with development in the surrounding area. The proposed location of the dwelling may limit further subdivision potential of the allotment should the area be zoned for village/residential use under the draft 2011 LEP.

 

The dwelling is to be setback 8m from Orange Street with the storage shed to be constructed 5m off the rear boundary and 1m off the site boundary. DCP 6 requires a minimum building setback of 20m from boundaries. Council may approve lesser setbacks upon rural residential lots of less than 2ha sited in low fire hazard areas. The proposed setbacks do not satisfy the general requirements of DCP 6. The nominated development setbacks appear to have been based upon the general requirements applicable to land zoned for village/residential use.

 

Visual amenity

The proposed dwelling would not have an adverse impact upon the amenity of the area. Details of the height of the shed have not been provided, however the location of the structure is likely to have minimal visual impact when viewed from nearby properties and roadways.

 

Access and traffic

A double garage is to be attached to the side of the dwelling. Access is to be provided from Orange Street and will require construction of a layback/vehicle crossing.

 

The applicant notes the subject land adjoins a Council laneway located at the rear of the site. This is incorrect as the land to the rear of the site is a freehold allotment (formerly a Crown land).

 

Utility services

The land is zoned Rural Small Holdings. Electricity and telephone services are located within the area. Connection to these services would be at the cost of the developer.

The applicant has applied for a Section 68 approval and has requested that the proposed dwelling to be connected to the sewer. Whilst it is physically possible to connect to the sewer and the owner of the subject lot (who also owns the adjoining 10 lots, has been paying one vacant land pre-construction levy, it is against Council’s policy to connect 1(c) zoned land to the sewer. To connect sewer Council would need to vary its policy to enable an extension of services to rural land. A headworks charge of $8,753.90 would be applicable in the instance of an amendment to Council’s policy for connection of sewer.

 

The applicant is also seeking connection to water. It is noted that the reticulated water supply is the jurisdiction of Central Tablelands Water. A headworks charge would also apply to the connection of such servicing.

 

THE SUITABILITY OF THE SITE s79C(1)(c)

 

Physical Attributes and Hazards

There are no known technological or natural hazards that would affect the proposed development.

 

DEVELOPMENT CONTRIBUTIONS

Council’s Bushfire Services Contributions Plan applies to this development. A contribution of $341.40 would apply to the development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not advertised development and was not neighbourhood notified.

 

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts. 

 

CONCLUSION

The proposed development is not permissible as it does not comply with clause 18 of the Cabonne LEP 1991. Council does not have the legal ability to approve the proposed development. If council were to choose to support the application it would be ultra vires and any resulting landuse would be unlawful. It is recommended that the application be refused.

 

 

Recommendation

 

THAT Development Application 2012/83 for a proposed dwelling, storage shed and rainwater tank upon Lot 4 Section 9 DP 758643,  Orange Street, Manildra, be refused for the following reasons:

 

1.   The proposed dwelling is not permissible under the provisions of the Cabonne Local Environmental Plan 1991 as the subject land does not satisfy the minimum area requirements clause 18(1)(a) or specific development criteria established by clause 18 (1)(b), and

2.   The proposed development is inconsistent with Development Control Plan No 6 – Rural Small Holdings.

 

 

 

 

ITEM 30 - AMENDMENTS TO DRAFT CABONNE LOCAL ENVIRONMENTAL PLAN

REPORT IN BRIEF

 

Reason For Report

To seek Council approval for amendements to the Draft LEP.

Policy Implications

Amendments to Draft Local Environmental Plan for public exhibition.

Budget Implications

Nil

Area of Responsibility

Planning

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288107

 

Principal Strategic (WBC Alliance) Planner's  REPORT

 

The Principal Strategic Planner notes that at the October 2011 Ordinary Council Meeting, Council agreed to approve the Draft Cabonne Local Environmental Plan 2011 (‘Draft Plan’) to be sent to the Department of Planning & Infrastructure (‘DP&I’) for approval for public exhibition.

Since the October Council Meeting there have been some events which have necessitated a request for amendments to the approved Draft Plan.  If these amendments are approved by Council they will be forwarded to DP&I for consideration to obtain a Section 65 Certificate for public exhibition.

 

Cadia – Environmental Conservation Program (Black Rock Range)

The first event was a meeting with Cadia’s Environmental Manager, Andrew Wannan, on Friday 28 October 2011.  At this meeting Cadia advised Council staff that under their approval for the Cadia East project they were required to identify land for environmental conservation purposes, undergo a land swap arrangement to take ownership of this land, and seek an environmental conservation zone over this land (preferably Zone E2 – Environmental Conservation). 

Cadia’s approval has identified part of Black Rock Range in the southern area of the Shire for this purpose currently owned by Mr Stratton as part of the ‘Ulah’ property (close to the Blayney LGA boundary).  The areas of ‘Ulah’ that are heavily vegetated and not suitable for agricultural activities have been part of a subdivision application that was recently approved.  The change of ownership is currently being processed.

On this basis, it is proposed to include a new zone into the Draft Plan which is Zone E2 – Environmental Conservation.  This is the most suitable zone for the Cadia proposal because it identifies land of high conservation significance that is not within a National Park or Nature Reserve and protects it from inappropriate development. 

 

Whilst the current approved Draft Plan includes Zone E3 – Environmental Management – it is suggested that this zone is not suitable for this area because Zone E3 permits dwellings as a mandatory aspect of the Standard Instrument and this is not suitable for this land.

 

Other Environmentally Sensitive Areas

As a result of the request to include the new Zone E2 for Cadia this has brought on a possible change in approach for the lands identified in the approved Draft Plan under Zone E3.  The aim is to minimise the number of zones in the new Draft Plan where possible to simplify the document.  Therefore, Council staff recommend that all land originally identified in Zone E3 Environmental Management is moved across to the new Zone E2 Environmental Conservation.

The former Zone E3 land includes Calula Reserve; Central Mullion Reserve; South Mullion Reserve; Edinburgh Reserve; Mount Bulga Reserve; and Palings Yards Reserve as well as the Crown land at the northern entrance to Canowindra along Canowindra/Cargo Roads.  These lands were originally identified by both the Crown (former Department of Lands) and Office of Environment & Heritage (‘OEH’) (former Department of Environment, Conservation & Climate Change) as having substantial environmental conservation significance.  The Central Mullion Reserve (for example) is expected to be purchased by the National Parks and Wildlife Service (‘NPWS’) in the near future for inclusion into the Mullion State Conservation Area – but as it has not been gazetted to date then it cannot be currently included in Zone E1 – National Parks and Nature Reserves.  It is important to note that the Crown originally only agreed to Zone E3 because this allowed some flexibility with use of the land – but it is the Principal Strategic Planner’s submission that these lands are not suitable for dwellings or other significant development and Council should push for a more restrictive environmental zoning. 

All of the lands currently identified in Zone E3 are Crown reserves except for one land holding in the middle of Nangar National Park owned by Mrs Thurtell.  This includes Lots 21 and 62 of DP750169 known as ‘Idle Valley’.  The Strategic Planner has spoken by phone to Mrs Thurtell on Thursday, 3 November 2011 and she agreed that there is no intention to develop this land or use it for more than private family recreation purposes.  NPWS have previously indicated an intention to purchase this land for inclusion in the Nangar National Park but this has not occurred to date due to lack of funding.  Therefore, the high percentage of vegetation coverage combined with the fact it is land locked by National Park combined with the NPWS intent to incorporate it into National Park suggests it should have a environmental conservation zoning in the interim until this is achieved.

 

Zone E2 Environmental Conservation-Proposed Land Use Table

In accordance with the above recommendations the Strategic Planner wishes to make the following inclusion into the Draft Cabonne Local Environmental Plan 2011 (Section 64 approval):

 

Zone E2        Environmental Conservation

1       Objectives of zone

•        To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.

•        To prevent development that could destroy, damage or otherwise have an adverse effect on those values.

•        To provide for a limited range of development that provides for the recreational use or scientific study of natural systems that does not have an adverse effect on those values.

2       Permitted without consent

         Environmental protection works.

3       Permitted with consent

         Environmental facilities; Flood mitigation works; Roads.

4       Prohibited

Business premises; Hotel or motel accommodation; Industries; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in Item 2 or 3.

This would replace the current land use table for Zone E3 – Environmental Management.

 

Molong West Large Lot Residential Area

Regarding the Molong West large lot residential area - a resolution of Council at the October Ordinary Council Meeting was as follows:

‘THAT a report be presented to the March Council meeting on the servicing, process and procedure for an amendment to the Draft Local Environmental Plan, 2011 as follows:

Clause 4.1 - Minimum subdivision lot size shall be amended in subclause (4A) to include an additional row including ‘Area B’ under Column 1 and ‘4,000m2’ under Column 2 and the Lot Size Maps shall be amended such that the area east of McGroder Street, Molong in Zone R5 Large Lot Residential that is outside 500m distance from the Molong Limestone Quarry has a boundary added entitled ‘Area B’ in the legend.  This will permit subdivision in this Area B (West Molong Large Lot Residential) down to 4,000m2 lots subject to connection to reticulated sewer.

Please note that whilst the resolution required a report be presented to the March 2012 Council meeting to confirm whether the intended area is capable of servicing – Council staff have agreed that the inclusion of this amendment can be incorporated into the current Draft Plan for submission to the Department prior to that study taking place.  However, prior to this area satisfying the amended clause it will need to be determined that it has this subdivision potential.

 

 

Recommendation

 

THAT:

1.          Council agrees to amend the  approved Draft Plan by replacing Zone E3 Environmental Management with a new Zone E2 Environmental Conservation (and the associated land use table shown above) in the Draft Plan;

2.         Council agrees to incorporate the land identified by Cadia for conservation purposes in the Black Rock Range into the new Zone E2 Environmental Conservation.

3.          Council approves an amendment to the Draft Plan to convert the approved land in Zone E3 Environmental Management across to the new Zone E2 Environmental Conservation for the purpose of placing the Draft Plan on public exhibition to seek public and agency comment.  Council staff will notify the Crown of this proposed change and seek a formal submission.

4.          Information in relation to the Molong West Large Lot Rural Residential Area be noted.

 

 

 

ITEM 31 - EASTERN AREA RURAL RESIDENTIAL STRATEGY

REPORT IN BRIEF

 

Reason For Report

To seek Council approval to progress with project.

Policy Implications

Potential amendment to adopted Sub-Regional Rural & Industrial Land Use Strategy.

Budget Implications

Estimate cost of $110,000 + GST (subject to detailed review).

Area of Responsibility

Planning

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288437

 

Principal Strategic (WBC Alliance) Planner's  REPORT

 

Resolution of Council

The Principal Strategic Planner notes the resolution of the October Ordinary Council meeting that stated:

 

‘MOTION (Farr/Culverson)

THAT Council pursue amendment to the Rural Land Strategy to consider areas for Rural Residential Development in the Eastern area to be funded from existing reserves and resourced from internal or external sources and that a report be presented to the November meeting on process, resourcing and estimated timeframes.’

 

This report seeks to respond to that request.

 

Draft Work Plan

An outline of the intended work plan for this project is as follows.  It assumes that the project will be put out to tender to a consultant due to limitations from internal resources.

·    Pre-Tender Stage: This stage would include [Preparation of an Expression of Interest (‘EOI’) notification that would create a short-list of interested consultants.  A more detailed brief would be prepared and provided to the short-listed consultants to seek a tender.  Review of the tenders would enable selection of an appropriate consultant.  Estimated Timeframe: 2-3 months due to Christmas; Estimated Cost: Internal;

·    Stage One (1): Review of Existing Strategies & Short-List of Potential Areas: This stage would involve the consultant reviewing the analysis and findings of the Sub-Regional Rural & Industrial Land Use Strategy including the mapping and GIS layers that resulted in the original recommendations.  It would also include inception meetings and site visits to the Eastern Area as well as a workshop with Councillors to identify a short-list of areas for more detailed investigation (estimate of 3-4 areas).  Estimated Timeframe: 2 months; Estimated Cost: $10,000 + GST;

·    Stage Two (2): Consultation:  This stage would be run concurrently with Stages 1 & 3 and involve consultation with Council staff, key government agencies, the Councils of the sub-regional area, and the communities that form part of the Eastern Area as well as a Council workshop.  It would involve review of all of the previous consultation submissions made to the Rural & Industrial Strategy and specific consultation with the owners of land in any short-listed areas.  Estimated Timeframe: 2-3 months; Estimated Cost: $20,000 + GST;

·    Stage Three (3): Detailed Studies of Short-Listed Areas: This stage would involve more detailed analysis and site specific studies of the short-listed 3-4 areas identified in Stages 1 & 2.  This would include (but is not limited to) preliminary environmental studies, utility and servicing studies and supply/ demand analysis.  The consultant would prepare a preliminary Local Environmental Study for each of the 3-4 short-listed areas making recommendations as to issues favouring development and challenges for rural residential development.  Estimated Timeframe: 3-4 months; Estimated Cost: $40,000 + GST;

·    Stage Four (4): Finalise Local Environmental Studies, Recommended Strategies & Planning Proposals:  This stage would involve finalising the strategy recommendations including the preliminary Local Environmental Studies for those areas of land identified as having potential for additional rural residential development.  A key aspect of this stage would be to conduct a detailed Cabonne shire-wide and sub-regional (Orange & Blayney) study of the supply & demand for rural residential land/development and how any new release areas would affect this supply & demand.  It would also involve more detailed studies of the servicing costs for these areas and predicted lot sizes and market niches for residential development in each area.  A staging plan would be produced to indicate if and when each area should be considered for rezoning.  It may also involve the preparation of a Planning Proposal to amend the comprehensive Local Environmental Plan.  Final presentation of the document to Council and amendments to finalise the study.  Estimated Timeframe: 3-4 months; Estimated Cost: $40,000 + GST;

·    Stage Five (5): Adoption of Rural Residential Strategy:  This stage would involve internal and external processes to have the strategy adopted by Council and agreed to by the other 2 sub-regional councils.  Once this occurs then it can be forwarded to the Department for agreement by the Director-General and can then be acted upon for the purposes of amendments to any Local Environmental Plan.  Estimated Timeframe: 3-4 months; Estimated Cost: Internal.

Therefore, preliminary estimates would suggest that the preparation of the rural residential strategy would cost in the order of $110,000 + GST and would take 12-16 months to complete (excluding the adoption process in Stage Five). 

It is important to note that the original Rural & Industrial Strategy cost in excess of $300,000 + GST and over 3 years to complete and one of the largest components of this was the rural residential strategy.  A significant extension of the original strategy would be increased detail on environmental studies and servicing arrangements.  Without these studies it would not be possible to move quickly towards any recommended rezoning unless the individual land owners were to complete these studies at their own cost.

In addition it is important to note that the proposed project would seek to amend a sub-regional strategy agreed to by Blayney, Orange and Cabonne Councils as well as the Director General of the Department of Planning & Infrastructure.  Amendment to the original strategy will require their concurrence, particularly because the strategy has potential to affect rural residential supply in and around Orange for all 3 Councils.  That is why it is vital that any study of the Eastern Area includes a review of sub-regional supply and demand and the impact of any proposals on other areas in the 3 Council areas.  It also requires a review of the impact of releasing land in proximity to Orange on the existing rural residential lands throughout the Cabonne Shire as this will affect many landowners property and development values/potential.

Please note that the estimated costs and timeframes in this report are indicative only and would require discussion with consultants and the other Councils and Departments.  It would also depend on the particular areas identified and the degree of environmental or other studies required to substantiate any rezoning proposal and this needs to be negotiated with a number of Departments.  There is no guarantee that this strategy will result in different outcomes to that recommended by the Sub-Regional Rural & Industrial Land Use Strategy.

 

 

Recommendation

 

THAT Council approves this report and seeks funding from existing reserves to progress this project based on the draft work plan.

 

 

 

ITEM 32 - Questions For Next Meeting

REPORT IN BRIEF

 

Reason For Report

To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council Meeting.

Policy Implications

Consistent with Council's Meeting Practice Policy

Budget Implications

Nil

Area of Responsibility

Council Meetings

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286750

 

Administration Manager's REPORT

 

A call for questions for which an answer is to be provided if possible or a report submitted to the next Council meeting.

 

 

Recommendation

 

THAT Council receive a report at the next Council meeting in relation to questions asked / matters raised where necessary.

 

   


Item 6 Ordinary Meeting 21 November 2011

Item 6 - Annexure 1

 

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Item 6 Ordinary Meeting 21 November 2011

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Item 8 Ordinary Meeting 21 November 2011

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Item 9 Ordinary Meeting 21 November 2011

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Item 10 Ordinary Meeting 21 November 2011

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Item 16 Ordinary Meeting 21 November 2011

Item 16 - Annexure 1

 

 

 

 

Cabonne 2025

Community Strategic Plan

 

 

PRELIMINARY DRAFT

 


 

Introduction

 

This is the draft Community Strategic Plan for Cabonne Shire and we would value your thoughts and comments on the document. Its development has been informed by the outputs from the ‘Cabonne 2025: Add your piece’ futures workshop which was attended by 77 people from across the Shire, extensive community surveying and analysis of data on our present situation.    

 

Following these engagement activities a smaller group of community members, Councillors and council managers met to shape this draft document. The next step in the process is for you to comment on the proposed future directions for our Shire.

 

When finalised, the Community Strategic Plan will guide how our community grows and develops.  It is a broad document that outlines a vision - what Cabonne could and should be like in the future; the values that will guide our future choices and behavior; the future directions to follow and the strategic outcomes to realise.

 

The document also lists groups and organisations that have a role to play in achieving the plan.  There will be many things in the plan Council will provide, facilitate or advocate for on behalf of the community.  However, Council cannot and should not do or be responsible for every aspect of the plan.  Others need to play their part in reaching our 2025 destination. 

 

The plan has been written in the present tense as if we had already reached 2025.  This has been done to convey a deeper understanding of the individual and community aspirations for the place we live in and call home.

 

If you have any questions about the draft plan please contact the project manager, Sharon D’Elboux on 6392 3252.   We look forward to receiving your comments on it.  Comments need to be with us by 6 January 2012.  When we have all the comments, we will amend the draft plan if appropriate and then adopt it in February 2012 

 

Please, ‘add your piece’ to the draft plan.  

 

 

http://infoxpert/docs/My%20Workspace/Mayor%20Dowling%20signature.JPG

 

Bob Dowling

Mayor

Cabonne Shire

 

R

 

 

 

Our Present Situation

 

Strengths, weaknesses, opportunities and challenges

The communities of Cabonne are caring and supportive.  We are country people with country values who are passionate about country living. Our other great advantage is that we are centrally located in the tablelands of Central New South Wales and close to major regional centres. In Cabonne you can enjoy rural living with easy access to the range and choice offered by the surrounding larger regional cities.  It is a potent combination.

 

Our economy is diverse and so too is agriculture. There is, in fact, not much you can’t grow here.  Our area also offers a range of destinations and experiences for visitors to our Shire. We could however, do more about promoting and building our reputation as a place to live, work, invest, play and stay.

 

Sometimes our parochial perceptions hold us back; ‘There is more to Cabonne than Molong’.  This attitude is a barrier to successfully working together towards common goals.  It needs to be constantly checked.  Maintaining our services and facilities, particularly roads, can be challenging and sometimes service expectations are unrealistic.

 

More opportunities for young people to fully engage in community life need to be created so they can experience the full benefits of living in Cabonne.  Similarly older people living in the community need opportunities to continue to contribute.  Taking this approach with older residents has the potential to not only enrich community life but also attract aged specific developments and associated professionals to the area.

 

Our challenge is to strengthen our towns and villages, retain our social and physical infrastructure, create new jobs and use technology to spread the word about the advantages of living and working in Cabonne Country.

 

 

 

 

 

 

 

 

 

 

 


Vision Statement

What we want Cabonne Shire to be in 2025

 

 

Passionate people

In a world where we yearn for a more genuine life, Cabonne offers

a pace of living that is both relaxing and invigorating. 

Those of us who live here are passionate about the place we call home

and others recognise this immediately. 

 It is an experience we are happy to share with others.

 

Thriving villages and caring communities

There is a thriving heartbeat to Cabonne. 

The social and economic life of our villages is vibrant; our communities supportive and welcoming.

 

Respecting and sustaining our environment

We care for and respect our environment making sure our rivers, waterways, soils, vegetation and air are clean and healthy for all living things.  

 

With an agricultural heart

The heart of Cabonne is found in our beautiful and productive landscapes.  

The land nurtures and sustains us and at the same time provides the inspiration

for us to strive and reach our full potential. 

 

 

Note: the vision statement is written in the present tense as if we have achieved the community aspirations for 2025.

 

Values Statement

These are the values that will guide future choices and the way we work together as a community

 

In all we do, we will:

 

Respect each other, our community

and the environment in which we live

 

Have the courage and confidence to ‘have a go’

 

Balance today’s decisions

with the long-term future in mind

 

Be friendly, approachable and work together

 

Strive to do our very best

and take personal responsibility for our actions

 


Future Directions

These five future directions will guide us toward our vision:

 

•  Build business and generate employment

•  Manage our natural resources

•  Provide and develop community facilities

•  Grow Cabonne’s culture and community

•  Connect Cabonne to each other and the world

 

The future directions are detailed in the following tables.

Each table summarises the issues, the strategic outcomes sought, Council’s role, who should collaborate to make things happen and performance indicators to measure progress.

 

 

 

Council’s role

Council is only one of the groups that can help realise the community’s strategic vision and plan.   It cannot and should not do everything.  There are many groups and organisations that need to play a role.  The more others take responsibility and ownership, the bigger the chance of achieving the desired outcomes. 

 

There are three roles Council can play:

•  Provider:  It does the work and this includes regulatory responsibilities

•  Facilitator: It helps or works with others to get things done

•  Advocate: It speaks out and supports a community direction or issue

 

Key Stakeholders Abbreviations:

Abbreviation

Organisation Name

BEC

Business Enterprise Centre Cabonne, Orange & Blayney

II NSW

Department of Industry & Investment NSW

TAFE NSW

NSW Technical and Further Education Commission

EDM Group

Economic Development Managers Group

DPI

Department of Primary Industries

BOM

Bureau of Meteorology

SES

State Emergency Services

DEH

Department of Sustainability, Environment, Water, Population and Communities

LHPA

Livestock, Health and Pest Authorities

RFS

Rural Fire Service

LCMA

Lachlan Catchment Management Authority

RTA

Transport, Road & Maritime Services

CENTROC

Central NSW Councils

NBN Co

National Broadband Network Co

DLG

Department of Local Government

IPC

Information and Privacy Commission

 


 

Future Directions

 

Future Direction: Build business and generate employment

Many Cabonne residents work outside the Shire.  Local jobs are needed but at the moment there is a lack of employment opportunities.  Business skills also need to be developed.  A lack of critical mass in the sector is an issue and many local businesses need to work on how to value add to their present range and offerings.

 

On line competition is having an impact and local retail is not always as well supported as it could be. There needs to be an emphasis on buying ‘local’ and ‘locally’. 

 

Tourism attractions are fragmented.  The Shire however, surrounds the regional centre of Orange and it is also where much of the region’s famous food and wine is produced.  These two things- the location and production - provide opportunities to leverage off the well developed brand and tourism marketing of the regional centre.  Visitors can meet the makers and experience first hand where the food and wine of the region is grown and produced. 

Strategic outcome

Council Role

Who should collaborate

A strong and vibrant local business sector

Facilitator

Advocate

•  BEC

•  II NSW

•  Progress Associations

•  TAFE

•  Community College

•  Local business operators

•  Community

Coordinated tourism product and a thriving visitor industry in Cabonne

Provider

Facilitator

Advocate

•  Local business operators

•  Central NSW Tourism

•  Destinations NSW

•  Neighbouring Councils

•  Local Tourism Advisory Body

•  Brand Orange,

•  Community

•  Age of Fishes Museum

Increased viable, sustainable and value adding businesses in Cabonne

Provider

Facilitator

Advocate

•  II NSW

•  BEC

•  Other operators

•  EDM Groups

•  Business groups

•  Customers

•  Community

•  Local business operators

•  Distributors

•  Consumers

•  DPI

•  Research organisations

Jobs for Cabonne people in Cabonne

Facilitator

Advocate

•  Employers,

•  TAFE

•  Universities

•  BEC

•  State Traineeships

•  Centrelink

•  II NSW

•  Community

Performance indicators:

•  Unemployment statistics

•  Number of businesses

•  Business closures

•  Level of council assistance (incentives)

•  Tourist numbers

•  Tourist stays

•  Number of households,

•  Real estate statistics

•  VIC Statistics.

 

 

Future Direction: Manage our natural resources

Agriculture is the mainstay of Cabonne and this has been affected by climate variability and urban encroachment.  Conventional farming methods may have contributed to loss of biodiversity, erosion, run off and pollution. Future farming needs to participate more fully in natural resource management. Water use, quality, efficiency and security are a key environmental concern.  Other issues include waste management, flood mitigation, alternative energy sources, dams and in-stream management.

Strategic outcome

Council Role

Who should collaborate

All villages have a secure and quality water supply

Provider

Advocate

•  State and Australian Governments

•  Central Tablelands Water

•  Community

Flood mitigation processes are in place

Provider

Advocate

Facilitator

•  State and Australian Governments

•  BOM

•  SES

•  DEH

•  Community

Sustainable waste management practices are in place across Cabonne

Provider

Facilitator

•  Private landowners

•  Industry providers

•  State Government (gross feed in tariff)

•  Research organisations

•  Community

Primary producers use best practice methods and systems that respect the environment.

Facilitator

Advocate

•  State and Australian Governments

•  Landcare

•  Educational institutions

•  Farmers group

•  Landholders

•  Research organisations

•  LCMA

All natural resources are managed sustainably in a planned way.

 

Provider

Advocate

Facilitator

•  State and Australian Governments

•  Landholders

•  Community groups

•  LHPA

•  LCMA

•  Age of Fishes Museum

Alternative energy development is considered and utilised where appropriate.

Advocate

•  Energy Providers

•  State and Australian Government

•  Community

•  Landholders

•  Environmental Groups

Risk management processes are in place for natural disaster events.

Provider

Advocate

Facilitator

•  SES

•  RFS

•  Landholders

•  Community

Performance indicators:

•  Landscape monitoring

•  Water testing

•  Management of waste sites,

•  Level of recycling,

•  Plans in place

•  Reviews of management plans are undertaken

•  Agricultural sales

•  Number of homes connected to water,

•  Number of alternative energy sources and usage

•  Number of land managers engaged

 

 

 

 

 

 

 

 

 

Future Direction: Provide and develop community facilities

Social infrastructure includes education opportunities and facilities, pre schools, play groups, before and after work childcare, aged care accommodation and services, mobile health services, sporting and recreational facilities, community buildings, halls, parks, play grounds. If Cabonne is going to attract new residents these services and facilities need to maintained and developed according to community needs.

Strategic outcome

Council Role

Who should collaborate

Pre school, play group and child care and youth facilities are available across the Shire

Provider

Facilitator

Advocate

•  State and Australian Governments

•  Schools and Parents

•  Community organisations

•  Private sector

•  Church

•  Volunteers

Health and aged care facilities meet local community needs

Facilitator

Advocate

•  State and Australian Governments

•  Community organisations

•  Private sector

•  Church,

•  Volunteers

•  Division of GP’s

Sporting, recreational, council and community  facilities and services are maintained and developed

Provider

Facilitator

Advocate

•  State and Australian Governments

•  Users

•  Community organisations

•  Private sector

•  Church

•  Volunteers

Cabonne has the education services and facilities to be a contemporary learning community.

Facilitator

Advocate

•  Schools

•  State and Australian Governments

•  Community groups

•  Industry

•  Churches

Performance indicators:

•  Number of pre school and childcare facilities,

•  Usage and enrolments

•  Waiting lists for facilities and services

•  Number of aged care beds available

•  Number of health care professionals and volunteers

•  Number of teams

•  Participants using the facilities

•  Level of maintenance

•  Number of new facilities provided.

 

 

 

 

Future Direction: Grow Cabonne’s culture and community

Cabonne offers quality country living.  Well supported cultural events and activities will make Cabonne an even better place to live and visit.    Community capacity and capability needs to be encouraged and developed so communities are able to work together and be self reliant.

 

Cabonne’s heritage assets also need to be cared for. They not only help characterise and beautify the towns and villages but they contain the stories of the Shire’s most recent and distant past and therefore bring meaning to the place we live in and call home. 

Strategic outcome

Council Role

Who should collaborate

A successful balance of village and rural living

Provider

Facilitator

Advocate

•  Community players and associations

•  Business operators

•  State and Australian Government (funding)

A network of viable, relevant and cultural facilities exists in Cabonne

Provider

Advocate

•  State and Australian Governments (funding)

•  Interest groups

•  Volunteers, Schools

•  Business operators

•  Community

Beautiful towns and villages with historic assets cared for and preserved.

Provider

Facilitator

Advocate

•  Interest groups

•  Schools

•  Volunteers

•  Business operators

•  State Government

•  Community

•  Age of Fishes Museum

Community events build visitation, generate investment and strengthen community well being.

Provider

Facilitator

 

•  Community groups

•  Business groups

•  Central NSW Tourism

A Council that is effective and efficient.

Provider

•  Council

•  Community

•  DLG

•  State Government

•  Information & Privacy Commission

•  State Records

Performance indicators:

•  Community feedback mechanism

•  Visitation

•  Calendar of events

•  Heritage listings

•  Participation levels / uptake

•  Increased demand

 

 

 

 

Future Direction: Connect  Cabonne to each other and the world

Cabonne is geographically large and dependent on transport, road and rail infrastructure to move goods and people into, out of and around the Shire. It is a challenge maintaining the road network and retaining services.

 

Mobile coverage across the Shire is “patchy”.  There needs to be equitable and affordable access to modern information and communication technology. Technology has the potential to facilitate engagement between businesses, the villages and the outside world.

Strategic outcome

Council Role

Who should collaborate

The Cabonne road network is well maintained.

Provider

Facilitator

Advocate

•  RTA

•  Australian Government

•  Drivers

•  CENTROC

•  Lobby groups

•  City of Orange Council

Everywhere in Cabonne has access to contemporary information and communication technology.

Facilitator

Advocate

•  NBN Co

•  State and Australian Governments

•  TELCO’s

•  CENTROC

A range of transport options in to, out of and around Cabonne are affordable and available.

Provider

Facilitator

Advocate

•  Private transport operators

•  Volunteers

•  State Government

•  Community transport

•  Taxi companies

Transport infrastructure meets agricultural needs to get goods to and from market

Provider

Facilitator

Advocate

•  State and Australian Governments

•  RTA

•  Agricultural producers

Access to major metropolitan markets enables the growth of tourism.

Advocate

•  RTA

•  Airlines

•  Tourism operators

•  Bus transport companies

Performance indicators:

•  Community surveys

•  Asset management plans

•  Vehicle counts

•  Number of IT connections

•  Mobile coverage

•  Broadband speed

•  Tourism numbers

•  Transport usage

 

 

 


Item 20 Ordinary Meeting 21 November 2011

Item 20 - Annexure 1

 






Item 20 Ordinary Meeting 21 November 2011

Item 20 - Annexure 2

 




Item 20 Ordinary Meeting 21 November 2011

Item 20 - Annexure 3

 




Item 20 Ordinary Meeting 21 November 2011

Item 20 - Annexure 4

 


















Item 21 Ordinary Meeting 21 November 2011

Item 21 - Annexure 1

 

Payment of Expenses and

Provision of Facilities for Mayor and Councillors 2012 Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[September 2011]

Author

Administration Manager

Owner

(Relevant director)

Director of Finance & Corporate Services

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

August each year – submitted to DLG by 30 November

Minute number
(once adopted by Council)

tba

2 Summary

The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors.  The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.

Approvals

Title

Date Approved

Signature

General Manager 

 

 

3 History

Minute No.

Summary of Changes

New Version Date

00/1/10

Complete Review

17/01/00

01/02/10

Addition of Uniform Contribution

19/02/01

04/05/16

Amended

17/05/04

05/07/9

Amended after advertising to allow for laptops for councillors and a mobile phone for the Mayor

18/07/05


 

Draft

Amended to comply with DLG updated guidelines – Circular 07-22 refers

October 2008

08/10/15

Draft amended at October 2008 Council meeting to add provision for Internet access reimbursement and advertised for public submissions.

 

08/12/26

Adopted without further change at December 2008 Council meeting

December 2008

09/06/14

Amended at June Council Meeting that where individual limits are set for Councillors such limitations are a global amount and not a strict individual limit.

15/06/09

09/08/36 - 2

Credit Card facility for Mayor with $3,000 limit approved

17 August 2009

draft

Policy reviewed in accordance with DLG revised Guidelines October 2009. 

 

Additional clarification added (pg 10) in relation to non payment of expenses relating to political fundraising events, or donations to a political party or candidate’s electoral fund. 

 

A process to resolve any disputes that arise about the provision of expenses and facilities was added (page 8).

No other substantial change required.  Submitted to October Council meeting.

October 2009

09/11/10

Adopted without further change at November 2009 Council meeting

November 2009

10/02/17

Readopted by Council

15 February 2010

10/08/17, 18, and 19

Reviewed for 2011.  Draft prepared for September 2010 Council meeting. Corrected omission of annual maximum limits for Mayoral Phone, vehicle and noted Councillors’ out of area travel covered within travel expense item.  Provision of credit card and multifunction printer/copier/scanner and consumables for at home use by Mayor added

August 2010

 

Council determined to withdraw the provision of a multifunction printer/copier/scanner and consumables for at home use by the Mayor.

September 2010

10/11/15

Adopted by Council – additionally “Department” updated with “Division”.

15 November 2010

 

Reviewed for 2012.  Draft prepared for September Council meeting.  No substantial changes made.

September 2011

 

4 Reason

Councillor expenses and facilities policies are made under the Local Government Act 1993 (“the Act”) and in accordance with sections 252 and 253 of the Act as well as clause 403 of the Local Government (General) Regulation 2005 (‘the Regulation’).

 

Under section 252(5) of the Act councillor expenses and facilities policies must comply with the provisions of the Act, the Regulation, guidelines provided by the Division of Local Government and other policies nominated in said guidelines.

 

Under section 440 each council must adopt a code of conduct that incorporates the provisions of the Model Code of Conduct for Local Councils in NSW (the Model Code of Conduct).

5 Scope

This Policy applies to all councillors.

Principles Guiding This Policy

The overriding principle of this policy is that the provisions made in regard to expenses and facilities for councillors are acceptable to, and meet the expectations of the local community.

The following are important elements of the principles that underpin this policy:-

Councillor conduct

As required by section 439 of the Local Government Act 1993 (LGA) and reinforced in the Model Code of Conduct provisions, councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their functions;

Councillors are to be mindful of the provisions of the Anti-Discrimination Act 1977 which make it unlawful for any member or members of a council of a local government area when acting (whether alone or together) in the course of his, her or their official functions to discriminate against another member of the council on the grounds of race, sex, transgender, marital status, disability, responsibilities as a carer or homosexuality.

Equity, access and ability to participate

This policy is to be applied in a non-discriminatory and equitable manner to enable full participation by councillors from varied walks of life, allowing representation of the community in different ways and accommodating individual differences;

Council values a diversity of representation.  This expense and facility policy will be interpreted such that any under-represented groups within the community will not be discouraged from undertaking the civic duties of a councillor by reason of financial or other disadvantage;

Similarly this policy will be interpreted so that reasonable provision for the special needs of councillors is accommodated.  This will include access to the appropriate parts of council premises and facilities and maximise participation in the civic duties and business of council.  It will also include provision for sight or hearing impaired councillors, those with other disabilities and make reasonable transportation provisions for those unable or unwilling to drive a vehicle.

 

 

Accountability and transparency

This policy details both the specific expenses for which councillors are entitled to receive reimbursement and the facilities they are entitled to access.  Councillors may only receive these where they are so identified.  This Policy document will be open to public scrutiny at all times;

Annual reporting requirements as defined in the LGA, associated Regulation and DLG Guidelines are included in this policy and will be followed;

Reasonable and relevant expenses

This policy provides for the provision of reasonable and relevant expenses in relation to the role as a councillor and which are in proportion to the size and extent of affordability by the operations of Cabonne Council.4.1.5      Defined limits over expenses and facilities

All expenses defined in this policy are associated with specific monetary limits where practicable and appropriate.  Similarly standards for the provision of equipment and facilities provided to councillors are defined.  No provision for a “General” expense or allowance is included in this policy.4.1.6          Annual fees and expenses a separate issue

The Local Government Remuneration Tribunal has adopted the principle that expenses reasonably incurred by councillors are outside provisions made under the annual fee determinations.  Accordingly this policy does not require councillors to pay for some of their expenses from their annual fee since it is recognised that this can have the effect of financially disadvantaging councillors.4.1.7          Expenses and allowances

Only payment or reimbursement of actual expenses incurred by councillors in carrying out their civic duties is permitted under this policy.

Payment will generally be way of reimbursement after the event.  Consideration will be given to a request by a councillor for the provision of an advance payment for the cost of a service associated with a civic duty.  Expenses typically paid in advance are specified.  Payments in advance are subject to reconciliation within 60 days.

There are no circumstances in which legal expenses will be met by a council for proceedings initiated by a councillor.  Nor will legal expenses be met for a councillor defending any action in a matter not rising directly as a result of his or her civic duty.

Councillors using private vehicles in carrying out their civic duties will be paid the mileage allowance at the then current rate set by the Local Government (State) Award;

Approval arrangements

This policy defines approval arrangements, and requires more than one person as decision maker in order to prevent potential conflicts.

 

Private benefit

Councillors will not generally obtain private benefit from the provision of equipment and facilities, nor from travel bonus or any other such loyalty schemes.  However, it is acknowledged that incidental use of council equipment and facilities may occur from time to time.  Such incidental private use is not subject to a compensatory payment.

Where more substantial private use has occurred, the Act provides that a payment may be made to cover the level of that private use.  Council has established that this would be at the current rate set by the Local Government (State) Award in the case of kilometres using council vehicles incurred by councillors on Council duties and at an agreed rate for private use by the Mayor in the mayoral vehicle (as provided by section 252(2) of the Act);

6 Associated Legislation

A policy for the payment of expenses and the provision of facilities for councillors is made under section 252 of the Local Government Act 1993 and in accordance with clause 403 of the Local Government (General) Regulation 2005.

Other policy provisions, which should be considered, include the DLG guidelines, Division of Local Government circulars to councils, the Model Code of Conduct for Local Councils in NSW and the Independent Commission against Corruption publication No Excuse for Misuse.

Details of relevant statutory requirements and other policy provisions are at APPENDIX 2 of the DLG guidelines (circular 07-22).

7 Definitions

“DLG”             – Division of Local Government

“Act”               – Local Government Act 1993

“Regulation” – Local Government (General) Regulation 2005

8 Responsibilities

8.1 General Manager

Jointly with the Mayor, (or Deputy Mayor if the expense relates to the Mayor), approve expenses that are to be incurred prior to the opportunity to be reported to a Council meeting.

The General Manager and/or Director of Finance & Corporate Services is required to ensure the return of equipment and services when such return is required by the policy and the equipment or facility is not acquired by councillors.

8.2 Directors and Managers

The Director of Finance & Corporate Services and/or General Manager is required to ensure the return of equipment and services when such return is required by the policy and the equipment or facility is not acquired by departing councillors.

The Finance Manager is required to ensure accounting staff are provided with and process the Mayor’s motor vehicle log books and mobile telephone account indicating private calls made.

The Administration Manager is required to determine availability of a vehicle for councillors when appropriate.

The Finance Manager and Administration Manager are responsible for providing an annual report to Council each September providing a break-up of expenses provided under the headings of Councillor or staff member, type and amount of expense, facility or other in-kind benefit, etc for the previous financial year.

8.3 Staff

The General Manager’s Personal Assistant is required to provide Secretarial services for the Mayor.

9 Related Documents

Document Name

Document Location

DLG Guidelines for payment of expenses and provision of facilities

DLG website

Model Code of Conduct

 

DLG website

DLG Circulars to councils

 

DLG website

ICAC publications – No Excuse for Misuse, preventing the misuse of council resources

 

ICAC website

Mobile Phone Policy

Council’s Policy database

Councillors Approval Request Form

To Attend Conference

infoXpert

10 Policy Statement

 

Wherever possible this Policy uses the suggested format by the DLG whilst complying with Council’s standard Policy template. 

 

Part 1 - INTRODUCTION

 

Reporting requirements

Review

Councils are required on an annual basis to review and submit their policy to the Division of Local Government within 28 days of adoption by council, even if they propose to adopt an unchanged policy.  Policies must be submitted by 30 November each year.

 

Annual reporting requirements

 

Section 428 of the Local Government Act 1993 requires councils to include in their annual report:

•          the council’s policy on the provision of facilities for, and the payment of expenses to, mayors and councillors

•          the total amount of money expended during the year on providing those facilities and paying those expenses

•          additional information as required by the Local Government (General) Regulation 2005.

 

Additional annual reporting requirements

Amendments to clause 217 of the Local Government (General) Regulation 2005 made in December 2006 now require councils to include additional reporting information in their annual reports.

 

The additional reporting information required is for the purposes of transparency and accountability and should not be seen as a disincentive for the payment of appropriate expenses to councillors.

 

Councils are now required to report separately on:

•           the total cost of expenses and the provision of facilities for the mayor and all councillors, as well as:

Provision of facilities

The cost of the provision of dedicated office equipment allocated to councillors on a personal basis such as laptop computers, mobile phones, telephones and facsimile machines and Internet installed in the councillors’ homes (including line rental and internet access).  This item does not include the costs of using this equipment, such as calls.

Expenses

•          the cost of phone calls including mobiles, home located landlines, facsimile and internet services

•          spouse/partner/accompanying person expenses (limited to circumstances outlined on page 14 of the DLG Guidelines)

•          conference and seminar expenses

•          training and skill development expenses

•          Interstate travel expenses (including subsistence and out-of-pocket expenses)

•          overseas travel expenses (including subsistence and out-of-pocket expenses)

•          care and other related expenses (of dependants to enable a councillor to undertake his or her civic functions).

 

Reporting of exceptional equipment and facilities costs

In addition to the statutory reporting requirements, councils should report other costs where these are significant.  For example, councils should report the cost of the provision of facilities and equipment where such provision is above what would normally be required for the day-to-day running of the council.

 

Legislative provisions

Expenses and facilities policies must not include a general expense clause.

Clause 403 (previously 42A) of the Local Government (General) Regulation 2005 provides that councils must not include in their section 252 policies any provision that enables council to pay a councillor an allowance in the nature of a general expense allowance.

Section 252 of the Local Government Act 1993 only authorises payment or reimbursement of actual expenses incurred by councillors in carrying out their civic duties.  It is not appropriate or lawful for councils to pay general allowances unrelated to actual expenses incurred or designed to supplement councillors’ annual fees.

 

Monetary limits to expenses

 

It is the responsibility of individual councils to establish what they would consider a reasonable level of provision by determining their own monetary limits and/or rates for the payment of expenses and other benefits to their councillors.  These limits have been determined and are clearly stated in the policy.

 

Identifying and publishing monetary limits allows members of the public to know the expected cost of providing services to councillors and to make comment during the public consultation phase of making or amending the policy.  It also avoids situations where councillors incur costs that are unforseen or considered unreasonable by other councillors and the public.

Standard of provision of equipment and facilities

 

The DLG guidelines do not specify a specific standard for the provision of equipment and facilities to councillors.  As with expenses, it is the responsibility of councils to establish and define an appropriate and reasonable level of provision that would enable councillors to effectively carry out their civic duties.   Council has determined the level of equipment and facilities to be provided to the Mayor and councillors.  These are detailed in the policy.

Approval arrangements for claiming expenses and use of facilities

 

Approval of councillor expenses will be consistent with the stated guiding principle that no one person is the sole decision maker in giving approval.

Part 2 - PAYMENT OF EXPENSES

 

General Provisions

 

Whenever possible approval for discretionary trips and attendance at conferences and the like should be approved at a Council meeting.  If this is not possible then the approval should be given jointly by the Mayor and the General Manager.  If the Mayor requires approval to travel outside of council meetings it should be given jointly by the Deputy Mayor and the General Manager.

Travel involving an overnight stay will require prior approval with full details of the travel.  This should include itinerary, costs and reasons for the travel being provided;

Approval to meet expenses will only be given when the function is relevant to the council's interest.  No approval will be given for any cost component that is additional, or not relevant to, the service cost of the function.

Should dispute(s) arise about the provision of expenses and facilities the matter is to be resolved by determination of the General Manager, in compliance with Council’s Policy, in the first instance.  Should the councillor consider the General Manager’s determination to be incorrect then the matter shall be reported for determination by the Full Council at the next available Council meeting.

Payment of expenses generally

 

a)         Allowances, expenses and motor vehicle availability

 

In accordance with the LGA this policy does not permit:

i.   The payment to any councillor of an allowance in the nature of a general expense or allowance;

ii.  The exclusive or primary use of a motor vehicle by any councillor other than a Mayor (or Deputy Mayor under specific conditions).

 

b)         Reimbursement and reconciliation of expenses

 

i.   Reimbursement of costs and expenses to councillors will only be made upon the production of appropriate receipts and tax invoices, and the completion of the required claim forms.

ii.  Expenses and costs incurred must be in accordance with the requirements of this policy.

iii. The maximum time limit for councillors to seek reimbursement for their expenses is within 60 days from the date of the receipt, invoice or voucher.

c)         Payment in advance

 

Councillors may request payment in advance in anticipation of expenses to be incurred in attending conferences, seminars and training away from home.  Councillors may also request an advance payment for the cost of any other service or facility covered by the policy.  However, councillors must fully reconcile all expenses against the cost of the advance when they return within the above time limit. 

 

Allowance type payments are not payable in any circumstances.

 

Establishment of monetary limits and standards

Note: where individual limits are set for Councillors such limitations are a global amount and not a strict individual limit except where specified.

 

The following currently apply as monetary limits to expenses:

 

 

Expense

Mayor

Deputy Mayor

Councillors*

Maximum Annual Expense Limits ($)

Agreed training

3,500

2,500

20,000

Mandatory Councillor Information session

400

400

4,000

Conferences & Seminars

5,000

3,000

20,000

Travel -Local and Out Of Area

N/A

4,000 - Council vehicle for attending out of area functions

40,000 - Council vehicle for attending out of area functions

Interstate Travel

2,000

1,500

10,000

Overseas Travel

Not Available

Not Available

Not Available

Motor Vehicle

15,000^

See Travel - Local and Out Of Area

See Travel - Local and Out Of Area

Mobile Phone

3,600

Not Available

Not Available

Internet Access

360 (max)

360 (max)

360 (max) per councillor

Stationery

200

100

1,000

Business Cards, Name tags, etc

150

150

1,500

Corporate Uniform

(50% contribution)

200 (max.)

200 (max.)

200 (max.) per councillor

Mayoral Office Refreshments

1,500

Not Available

Not Available

^ - Based on Maximum Annual Expense Limit for the Mayoral Vehicle set as $10,000 (based on 50,000kms per vehicle) with actual usage indicating 75,000kms travelled per year.

* Note: Global limit

Spouse and partner expenses

There are limited instances where certain reasonable costs incurred by the councillor for their spouse, partner or accompanying person are properly reimbursable by Council:

 

a.      Where the costs relate to attendance at official council functions of a formal and ceremonial nature and occur within the local government area.  Such functions would be those which a councillor’s spouse, partner or accompanying person could be reasonably expected to attend.  Examples could include but not be limited to: Australia Day award ceremonies, Citizenship ceremonies, civic receptions and charitable functions supported by the council;

b.      In relation to Local Government and Shires Associations' annual conferences, costs limited to the cost of registration and the official conference dinner.  Travel, any additional accommodation, and the cost of partner/accompanying person tours etc would be the personal responsibility of individual councillors (Council will meet the equivalent cost of Single accommodation for the Councillor with any additional cost borne by the councillor);

c.       Where they occur outside the Cabonne local government area, but within the State, costs of representing the Mayor, at an official function of councillor or those of accompanying the Mayor whilst on an official ceremonial duty.  Examples could include charitable functions, award ceremonies and other functions to which the Mayor has been invited and is representing the council.

d.      In the above circumstances, reimbursable costs are confined to the ticket, meal or direct cost of attending the function.  Reimbursable costs do not extend to items such as special clothing, grooming or transport.

Apart from where defined above, other accompaniment costs outside the Cabonne local government area will not be reimbursed.

 

•     Accommodation: Equivalent of Single Accommodation cost for the councillor is to be met by Council with additional accommodation cost to be met by delegate/spouse.  All additional costs are to be met by spouse/partner unless such is related to the official capacity of the delegates’ partner (e.g. official conference dinner).

 

Specific Expenses For Mayors And Councillors

 

Attendance at seminars and conferences

 

Attendance at Annual Conferences of Local Government and Shires Associations will normally be undertaken by the Mayor.

 

At least two Councillors may be afforded the opportunity to attend the Shires Association conference each year.

 

Councillors may be nominated to attend conferences, seminars and similar functions relevant to Council's interests by:-

 

²  the Council, through resolution duly taken.

²      the Mayor, acting within his/her delegated authorities and subject to budget requirements. 

Approval to attend must be resolved at a Council meeting or by both the Mayor and General Manager if attendance is required prior to the next Council meeting.  If the proposed attendance is by the Mayor then approval by the Deputy Mayor and General Manager is required.

Councillors will be required to provide a written report to Council on such conferences.

 

Council will pay conference registration fees, including the costs of related official meals or activities where these are relevant to the business and interests of Council.

 

The reasonable costs of transport and accommodation associated with conference attendance will also be met as will meals when not included in conference fees.  When overnight accommodation is necessary (the night before or after the conference) accommodation costs must be approved by Council.

 

Where attendance at other functions is relevant to Council's interest by reason of briefings, information or networking with key community members, business identities or politicians, approval may also be given by Council.  Such approval will extend to the cost of the function and not to political donations.

 

No payment should be made by a council for attendance by a councillor at any political fundraising event, for any donation to a political party or candidate’s electoral fund, or for some other private benefit.

 

Council staff should ascertain whether any expenses to be incurred would be directed towards such events and activities prior to approving expenditure.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Training and Educational Expenses

 

Each Councillor is required to undertake a Councillor Information session run by the DLG on election to Council.

 

Each Councillor will be encouraged to undertake at least one Professional Development Course every two (2) years. 

 

A Personal Development Training Plan is to be prepared by the General Manager each year based on funds allowed within the annual estimates of Income and Expenditure.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Local travel arrangements and expenses

 

Councillors are required to use private vehicles to attend Council and/or committee meetings and will be paid the kilometre allowance at the then current rate set by the appropriate Local Government (State) Award from time to time, but subject to the most direct route being taken.

 

When acting for the Mayor at Civic functions councillors will also be reimbursed on a kilometre basis at the rate specified above.

 

Travel undertaken by a councillor in the capacity of Chair of a council committee or as a delegate of Council will also be reimbursed on a kilometre basis at the rate specified above.

 

The driver is personally responsible for traffic or parking fines.  An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

 

Travel outside the LGA including interstate travel

 

All reasonable travel costs will be met by the Council subject to prior Council approval.  Where appropriate, travel will be provided by air (economy class).  Depending upon the circumstances, it may be more appropriate for travel to be undertaken by car. 

 

Where a private vehicle is used, kilometre payments are not to exceed the economy air fare and should apply to the most direct route.  The driver is personally responsible for traffic or parking fines.

 

Travel by motor vehicle may be undertaken in a Council vehicle (where available – contact Council’s Administration Manager to determine availability) or by private vehicle, subject to prior approval from the Council or jointly by the Mayor and General Manager.

 

Costs of vehicle hire, taxi fares, public transport, road tolls or parking costs which are reasonably incurred while attending Council business will be reimbursed by the Council.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Telephone costs and expenses

 

The Mayor is required to reimburse Council for private calls made on the provided mobile phone.

 

An honesty system is in place using identification of all private telephone costs by the Mayor on the account statements.  Account statements must be returned by the period stated in the Mobile Phone policy.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

 

Internet Access expenses

 

Council will reimburse the Mayor and Councillors up to $30 per month towards the cost of access to Internet services (including broadband and wireless) utilised by Councillors for official council business purposes including research, etc.

 

Council’s Code of Conduct requirement that:

 

You must not use council’s computer resources to search for, access, download or communicate any material of an offensive, obscene, pornographic, threatening, abusive or defamatory nature.”

 

is relevant and repeated herewith for convenience.

 

Evidence of having incurred and paid an Internet access expense must be produced to allow reimbursement.

 

An annual monetary limit applies as shown at Establishment of monetary limits and standards.

Care and other access related expenses

 

Council will meet reasonable costs of facilitating access to council premises, functions and activities where, by reason of disability, caregiver role or other special need, a councillor would not otherwise have equity of access with other councillors. Such support will allow the fullest participation reasonably possible.

 

If required an annual monetary limit would apply and once determined will be shown at Establishment of monetary limits and standards.

 

Insurance Expenses and Obligations

 

Council provides insurance cover for: 

·        Public liability for liabilities that might arise from performance of civic duties and/or exercise of council functions – Public Liability Insurance

·        Professional indemnity for liabilities that might arise from performance of civic duties and/or exercise of council functions - Professional Indemnity Insurance

·        The internal running of Council and duties to shareholders.  Examples of internal running are things like harassment and unfair dismissal.  An example of duties to shareholders is something that puts the financial viability of Council on the line - Councillors and Officers Liability Insurance

·        Personal Injury whilst on council business – Personal Accident Insurance

·        Travel insurance for approved flights – Personal Accident Insurance

 

All insurances are subject to any limitations and conditions set out in Council’s policy of insurance.

 

Legal Expenses and Obligations

 

Council will only be prepared to consider reimbursement of legal expenses of Councillors in accordance with the guidelines from the Division of Local Government, these being:

 

1.         That a Council may only disburse money if the disbursement is authorised by the Local Government Act, 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

 

2.         In the particular circumstances outlined below, council may therefore indemnify or reimburse the reasonable legal expenses of:

 

(a)       A councillor defending an action arising from the performance in good faith of a function under the Local Government Act (s71), or

 

(b)       A councillor defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act, or

 

(c)        A councillor for proceedings before the Local Government Pecuniary Interest Tribunal or an investigative body provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the Tribunal or investigative body makes a finding substantially favourable to the Councillor.

 

3.         Legal expenses incurred in relation to proceedings arising out of the performance by a councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something which a councillor has done during his or her term of office.  An example of the latter is expenses arising from an investigation as to whether a councillor acted corruptly by using knowledge of as proposed rezoning for private gain.  This latter type of expense is not reimbursable as part of this policy.

 

4.         Council may lawfully obtain insurance cover against the risk of having to meet the costs of or to reimburse a councillor provided that the costs or reimbursements are ones which the council is authorised to meet.

 

5.         Council may not meet the costs of an action in defamation taken by a councillor as plaintiff in any circumstances.

 

6.         Where doubt arises in relation to any of these points, Council shall seek legal advice.

 

7.         Council will not provide legal assistance in respect of legal proceedings initiated by the Mayor and/or councillors in any circumstances.

 

ADDITIONAL MAYORAL EXPENSES

 

In addition to those facilities provided to the Councillors the Mayor is to receive the benefit of:-

 

•           Motor Vehicle - (Holden Statesman or equivalent).  The vehicle is to be used at the discretion of the Mayor for official Mayoral, Councillor or Council purposes.  The Mayor is to pay an amount as determined by Council and included in Council’s Fees & Charges for the use of this vehicle and he/she is to provide fuel for private usage. 

 

The following conditions apply:-

 

a)         The Mayor must authorise Council to deduct private usage payments of the agreed amount per month from the Mayoral allowance for the use of the Mayoral Vehicle;

 

b)         The Mayor’s Council motor vehicle must be made available for use by the Deputy Mayor during those periods when, in accordance with the policy of the Council during the absence of the Mayor, the Deputy Mayor is entitled to be paid a proportionate amount of the Mayoral Allowance;

 

At present this absence is defined as absent from the Council area by the Mayor for a minimum of three (3) weeks.

 

c)         That the Mayor or in such absence the Deputy Mayor provide petrol for such private use;

 

d)         The Mayor, or Deputy Mayor in the Mayor’s absence, is also required to keep log books relating to the vehicle, to be submitted monthly to Council accounting staff.

 

•          Mobile phone and car kit for official purposes.  The Mayor is responsible for reimbursement of private calls made on this mobile phone, by way of certification and submission of monthly accounts by the Mayor to Council accounting staff.  Telephone accounts indicating private use must be returned by the set period in the Mobile Phone Policy.

 

•          Secretarial Services - word processing and administrative support provided by the General Manager's Personal Assistant.

 

•          Administrative Support - assistance with functions, organisations, meetings, and the like for official purposes.

 

•          Mayoral Office Refreshments - at the discretion of the Mayor for Official purposes.

 

•          Credit Card facility with a limit of $3,000.

 

Annual monetary limits apply and are shown at Establishment of monetary limits and standards.

 

 

Part 3 - PROVISION OF FACILITIES

 

GENERAL PROVISIONS

 

Provision of facilities generally

 

The following facilities are currently available to Mayor and councillors as indicated:

 

Facility

Mayor

Deputy Mayor

Councillors

Facilities available / Not available for Council Business Use

Laptop computer *

Available

Available

Available

Fax Machine*

Available

Available

Available

Mobile Phone *

Available

Not available

Not available

Motor Vehicle Use

 

Designated Vehicle

When acting as Mayor or subject to policy and availability

Subject to policy and availability

Furnished Mayoral room

Available

Available by arrangement with Mayor

Available by arrangement with Mayor

Secretarial & Administrative support

Available

Not available

Not available

Photocopier

Official purposes only at Molong and Cudal Council offices

Available

Available

Available

Stationery & office supplies

Available

Available

Available

Business cards

Available

Available

Available

Credit Card

Available

Not Available

Not Available

Consumables eg toner

Available

Available

Available

Corporate clothing

Available

Available

Available

Safety equipment

(eg Safety vests on Traffic committee inspections)

Available

Available

Available

Meals / refreshments related to council, committee and work group meetings and office functions.

Available

Available

Available

Ceremonial garb

Available

Not Available

Not Available

Use of council chamber

When free for use

When free for use

When free for use

* - Equipment remains the property of Council.  On completion of Term, councillors may request to purchase equipment at written down value or at an agreed fair market price.

 

Private use of equipment and facilities

 

Council facilities, equipment and services are not for private use.  “Private use" includes the production of election material or material for other political purpose.

 

Acquisition and returning of facilities and equipment by Councillors

 

Equipment is to be returned promptly to the General Manager or Director of Finance & Corporate Services in the following circumstances:

a.  Councillor is going on extended leave of absence;

b.         Councillor has completed term of office or ceasing civic duties and is not acquiring equipment.

In general the use of council facilities and equipment should be in accord with the DLG Model Code of Conduct for Local Councils in NSW, - June 2008.

 


Item 22 Ordinary Meeting 21 November 2011

Item 22 - Annexure 1

 

Draft Public Interest Disclosures
 (Internal Reporting) Policy

1 Document Information

Version Date
(Draft or Council Meeting date)

[November 2011]

Author

Director of Finance & Corporate Services

Owner

(Relevant director)

General Manager

Status –

Draft, Approved,  Adopted by Council, Superseded or Withdrawn

Draft

Next Review Date

April 2013

Minute number
(once adopted by Council)

tba

2 Summary

This policy establishes an internal reporting system for the reporting of disclosures of corrupt, maladministration or serious and substantial waste of public money by Cabonne Council, its staff and Councillors.

Approvals

Title

Date Approved

Signature

General Manager

 

 

3 History

Minute No.

Summary of Changes

New Version Date

06/05/7

Public interest disclosures Policy adopted

15/05/06

10/03/08

Readopted by Council with the amendment “The Corporate Development Manager be deleted from the list of nominated Disclosure Officers.”

15 March 2010

 

Policy retitled to “Internal Reporting Policy” and amended in keeping with legislation changes to (retitled) Public Interest Disclosures Act 1994

November 2011

 


 

4 Reason

In accordance with requirements of the Public Interest Disclosures Act 1994 Council has adopted this policy to:

1.   Encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in Council by staff and/or councillors; and

2.   Ensure that any Council staff member who wishes to make a disclosure receives legal protection from reprisals, and that the matters raised in any disclosure are properly investigated.

5 Scope

Refer below.

6 Associated Legislation

Public Interest Disclosures Act 1994

Government Information (Public Access) Act 2009

Independent Commission Against Corruption Act 1988

7 Definitions

ultra vires - [Latin, Beyond the powers.] The doctrine in the law of corporations that holds that if a corporation enters into a contract that is beyond the scope of its corporate powers, the contract is illegal.

Additionally refer below.

8 Responsibilities

Refer below.

9 Related Documents

Refer Below.

10 Policy Statement

CONTENTS:

 

DEFINITIONS   4

1.    Purpose and context of the policy  5

2.    Roles and Responsibilities in Council  6

3.    Council Commitment  6

4.    What Should be Reported?  7

5.    When Will a Report be Protected?  8

6.    How to Make a Report   9

7.    Can a Report be Anonymous?  9

8.    Maintaining Confidentiality   9

9.    Who can Receive a Report Within the Cabonne Council?  10

10. Who can Receive a Report Outside of the Cabonne Council?  11

11. The Investigation Process   12

12. Feedback to staff who report wrongdoing   13

13. Protection Against Reprisals  14

14. Support for Those Reporting Wrongdoing   15

15. Sanctions for Making False or Misleading Disclosures  16

16. Support for the Subject of a Report  16

17. Review    16

18. More Information   16

19. Resources   16

20. Legislation and References   17


INTERNAL REPORTING POLICY

PUBLIC INTEREST DISCLOSURES ACT 1994

DEFINITIONS

Three key concepts in the internal reporting system are “corrupt conduct”, “maladministration” and “serious and substantial waste of public money”.  Definitions of these concepts are outlined below.

(1)     Corrupt conduct

“Corrupt conduct” is defined in the Independent Commission Against Corruption Act 1988 (sections 8 and 9).  The definition used in the Act is intentionally quite broad - corrupt conduct is defined to include the dishonest or partial exercise of official functions by a public official.  Conduct of a person who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, also comes within the definition.

Corrupt conduct can take many forms, i.e. taking or offering bribes, public officials dishonestly using influence, blackmail, fraud, election bribery and illegal gambling are some examples.

(2)     Maladministration

“Maladministration” is defined in the Public Interest Disclosures Act as conduct that involves action or inaction of a SERIOUS NATURE that is:

¨  contrary to law (s.11(2)(a) - for example:

·   decisions or actions contrary to the law or ultra vires

·   decisions or actions contrary to lawful and reasonable orders from persons or body’s with authority to make or give such orders

·   a breach of natural justice/procedural fairness

·   unauthorised disclosure of confidential information

¨  unreasonable (s.11(2)(b)) - for example:

·   decisions or actions:

§ inconsistent with adopted guidelines or policy

§ made or taken without obvious relationship to the facts or circumstances

§ so unreasonable that no reasonable person could so decide or act (i.e. irrational)

·   relevant considerations not taken into account or irrelevant considerations taken into account

·   serious delay

·   wrong, inaccurate or misleading advice leading to detriment

·   means used not reasonably proportional to ends to be achieved (i.e. excessive use of authority)

·   failure to rectify identified mistakes, errors, oversights or improprieties

¨  unjust (s.11(2)(b) - for example:

·   decisions or actions not justified by any evidence, so unreasonable that no reasonable person could so decide to act (i.e. irrational), or unconscionable

·   partial, unfair or inequitable decisions or actions

·   abuse of power

¨  oppressive (s.11(2)(b)) - for example:

·   unconscionable decisions or actions

·   abuse of power, intimidation or harassment

·   punitive, harsh, cruel or offensive decisions or actions

¨  improperly discriminatory (s.11(2)(b)) - for example:

·   inconsistent application of laws, policies or practices when there is no reasonable, justifiable or appropriate reason to do so

·   distinctions applied not authorised by law, or failure to make a distinction which is authorised or required by law

·   failure to perform duties impartially and equitably

¨  based wholly or partially on improper motives (s.11(2)(c)) - for example:

· decisions or actions for a purpose other than that for which power was conferred

· decisions or actions for personal advantage

· bad faith

1.       Purpose and context of the policy

The purpose of the Public Interest Disclosures Act (PID) 1994 is:

1.   To encourage and facilitate the disclosure, in the public interest, of corrupt conduct, maladministration and serious and substantial waste in the public sector; and

2.   To ensure that any public official who wishes to make a disclosure receives legal protection from reprisals, and that the matters raised in any disclosure are properly investigated.

The Act aims to encourage and facilitate the disclosure - in the public interest - of corrupt conduct, maladministration and serious and substantial waste in the public sector.  This is achieved by:

·    enhancing and augmenting established procedures for making disclosures concerning such matters;

·    protecting persons from reprisals that might otherwise be inflicted on them because of these disclosures; and

·    providing for those disclosures to be properly investigated and dealt with.

This policy seeks to:

1.   To establish an internal reporting system for the reporting of disclosures of corrupt conduct, maladministration or serious and substantial waste of public money by Cabonne Council, members of Council staff and Councillors.  This enables public interest disclosures to be made to the Disclosure Coordinator, a nominated Disclosures Officer, the Mayor, or the General Manager.

2.   To complement the normal means of communication between managers and members of Council staff.  (Council staff are encouraged to continue to raise appropriate matters at any time with their managers but they also have the right to make public interest disclosures in accordance with this policy.)

3.   To ensure that Council will take all reasonable steps to protect any Councillor or member of Council staff or Council contractor who makes a disclosure from any detrimental action in reprisal for making that disclosure.

2.       Roles and Responsibilities in Council

This policy will apply to:

·    Members of Council staff and Councillors

·    permanent employees, whether full-time or part-time

·    temporary or casual employees

·    consultants

·    individual contractors working for Council.

The policy may also apply to other people who perform public official functions and their conduct and activities could be investigated by an investigating authority.  This can include volunteers and those contracted to work for Council.  

Members of Council staff are encouraged to support those who have made disclosures, as well as protect and maintain their confidentiality.  Staff must not victimize or harass anyone who has made a disclosure.

This policy is designed to complement normal communication channels between supervisors and staff.  Staff are encouraged to continue to raise appropriate matters at any time with their supervisors, but as an alternative have the option of making a public interest disclosure in accordance with this policy.

3.       Council Commitment

Cabonne Council, as an ethical Council, is committed to acting in accordance with the spirit and letter of the PID Act by:

·    creating a climate of trust, where Council staff are comfortable and confident about reporting wrongdoing

·    encouraging staff to come forward if they have witnessed what they consider to be wrongdoing within the council

·    keeping the identity of the staff member disclosing wrongdoing confidential, wherever possible and appropriate

·    protecting staff who make disclosures from any adverse action motivated by their report

·    dealing with reports thoroughly and impartially and if some form of wrongdoing has been found, taking appropriate action to rectify it

·    keeping staff who make reports informed of their progress and the outcome

·    encouraging staff to report wrongdoing within Council, but respecting any decision to disclose wrongdoing outside Council, provided that disclosure outside Council is made in accordance with the PID Act

·    ensuring managers and supervisors at all levels in Council understand the benefits of reporting wrongdoing, are familiar with this policy, and aware of the needs of those who report wrongdoing

·    providing adequate resources, both financial and human, to:

encourage reports of wrongdoing

protect and support those who make them

provide training for key personnel

investigate allegations

properly manage any workplace issues that the allegations identify or create

correct any problem that is identified

reassess or review the policy each year to ensure it is still relevant and effective.

4.       What Should be Reported?

You should report any wrongdoing you see within the Cabonne Council.  Reports about the four categories of serious wrongdoing – corrupt conduct, maladministration, serious and substantial waste of public money, and government information contravention – will be dealt with under the PID Act as public interest disclosures and according to this policy.

a.  Corrupt conduct

Corrupt conduct is the dishonest or partial exercise of official functions by a public official.

For example, this could include:

·    the improper use of knowledge, power or position for personal gain or the advantage of others

·    acting dishonestly or unfairly, or breaching public trust

·    a member of the public influencing or trying to influence a public official to use their position in a way that is dishonest, biased or breaches public trust.

For more information about corrupt conduct, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

b.  Maladministration

Maladministration is conduct that involves action or inaction of a serious nature that is contrary to law, unreasonable, unjust, oppressive or improperly discriminatory or based wholly or partly on improper motives.

For example, this could include:

·    making a decision and/or taking action that is unlawful

·    refusing to grant someone a licence for reasons that are not related to the merits of their application.

For more information about maladministration, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

c.  Serious and substantial waste in local government

Serious and substantial waste is the uneconomical, inefficient or ineffective use of resources that could result in the loss or wastage of local government money.  This includes all revenue, loans and other money collected, received or held by, for or on account of the council.

For example, this could include:

·    poor project management practices leading to projects running over time

·    having poor or no processes in place for a system involving large amounts of public funds.

For more information about serious and substantial waste, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

d.  Government Information Contravention

A government information contravention is a failure to properly fulfil functions under the Government Information (Public Access) Act 2009 (GIPA Act).

For example, this could include:

·    destroying, concealing or altering records to prevent them from being released

·    knowingly making decisions that are contrary to the legislation

·    directing another person to make a decision that is contrary to the legislation.

For more information about government information contravention, see the NSW Ombudsman’s guideline on “what can be reported” at www.ombo.nsw.gov.au.

e.  Other Wrongdoing

Although reports about the previous four categories of conduct can attract the specific protections of the PID Act, you should report all activities or incidents that you believe are wrong.

For example, these could include:

·    harassment or unlawful discrimination

·    reprisal action against a person who has reported wrongdoing

·    practices that endanger the health or safety of staff or the public.

These types of issues should be reported to a supervisor, in line with the Cabonne Council’s policies.

Even if these reports are not dealt with as public interest disclosures, the Cabonne Council will consider each matter and make every attempt to protect the staff member making the report from any form of reprisal.

5.       When Will a Report be Protected?

The Cabonne Council will support any staff who report wrongdoing.  For a report to be considered a public interest disclosure, it has to meet all of the requirements under the PID Act.  These requirements are:

·    The person making the disclosure must honestly believe on reasonable grounds that the information shows or tends to show wrongdoing. (the Ombudsman Guidelines provides further detail on when a report will be protected).

·    The report has to be made to one or more of the following:

a position nominated in this policy – see section 9 (b), (c) & (d) below – includes the Mayor, Disclosures Coordinator and Disclosures Officers.

the General Manager

one of the investigating authorities nominated in the PID Act – see section 10 below

Reports by staff and councillors will not be considered to be public interest disclosures if they:

·    mostly question the merits of government policy, including the policy of the governing body of the council.

·    are made with the sole or substantial motive of avoiding dismissal or other disciplinary action.

6.       How to Make a Report

You can report wrongdoing in writing or verbally. You are encouraged to make a report in writing as this can help to avoid any confusion or misinterpretation.

If a report is made verbally, the person receiving the report must make a comprehensive record of the disclosure and ask the person making the disclosure to sign this record.  The staff member should keep a copy of this record.

If you are concerned about being seen making a report, ask to meet in a discreet location away from the workplace.

7.       Can a Report be Anonymous? 

There will be some situations where you may not want to identify yourself when you make a report.  Although these reports will still be dealt with by the Cabonne Council, it is best if you identify yourself.  This allows us to provide you with any necessary protection and support, as well as feedback about the outcome of any investigation into the allegations.

It is important to realise that an anonymous disclosure may not prevent you from being identified. If we do not know who made the report, it is very difficult for us to prevent any reprisal action.

8.       Maintaining Confidentiality 

The Cabonne Council realises many staff will want their report to remain confidential.  This can help to prevent any action being taken against you for reporting wrongdoing.

We are committed to keeping your identity, and the fact you have reported wrongdoing, confidential.  However there may be situations where this may not be possible or appropriate.  We will discuss with you whether it is possible to keep your report confidential.

If confidentiality cannot be maintained, we will develop a plan to support and protect you from risks of reprisal.  You will be involved in developing this plan.  You will also be told if your report will be dealt with under the council’s code of conduct, as this may mean certain information will have to be tabled at a council meeting.

If you report wrongdoing, you should only discuss your report with those dealing with it.  This will include the disclosures coordinator and the General Manager.  If you discuss your report more broadly, you may affect the outcome of any investigation.

9.       Who can Receive a Report Within the Cabonne Council? 

You are encouraged to report general wrongdoing to your supervisor.  However the PID Act requires that – for a report to be a public interest disclosure – it must be made to a public official in accordance with the council’s disclosure procedures.  For the Cabonne Council, this means this policy and any supporting procedures.

Any supervisor who receives a report that they believe may be a public interest disclosure must refer the staff member making the report to one of the positions listed below.  The broader responsibilities of these positions will be outlined in the guidelines supporting this policy.

If you are council staff and your report involves a councillor, you should make it to the General Manager or the Mayor.  If you are a councillor and your report is about another councillor, you should make it to the General Manager or the Mayor.

The following positions are the only staff within the Cabonne Council who can receive a public interest disclosure.

a.  General Manager

You can report wrongdoing directly to the General Manager.  The General Manager is responsible for:

·    deciding if a report is a public interest disclosure

·    determining what needs to be done next, including referring it to other authorities

·    deciding what needs to be done to correct the problem that has been identified. 

The General Manager must make sure there are systems in place in the Cabonne Council to support and protect staff who report wrongdoing.

They are also responsible for referring actual or suspected corrupt conduct to the Independent Commission Against Corruption.

The General Manager may be contacted on 02 6392 3208.

b.  Mayor

If you are making a report about the General Manager, you should make your report to the Mayor.  They are responsible for:

·    deciding if a report is a public interest disclosure

·    determining what needs to be done next, including referring it to other authorities

·    deciding what needs to be done to correct the problem that has been identified. 

The Mayor must make sure there are systems in place in the Cabonne Council to support and protect staff who report wrongdoing.

If the report is about the General Manager, the Mayor is also responsible for referring actual or suspected corrupt conduct to the Independent Commission Against Corruption.

The Mayor may be contacted on 02 6392 3208

c.  Disclosures Coordinator

The disclosures coordinator has a central role in dealing with reports made by staff.  They receive them, assess them, and refer them to the people within the Cabonne Council who can deal with them appropriately.

The Cabonne Council Disclosures Coordinator (Director of Finance & Corporate Services) may be contacted on telephone 02 6392 3222.

d.  Disclosures Officers

Disclosures officers work with the disclosures coordinator, and are responsible for receiving, forwarding and/or dealing with reports made in accordance with this policy.

Council’s Disclosures Officers may be contacted as follows:

·    Director of Engineering & Technical Services on telephone: 02 6390 7123

·    Director Environmental Services on telephone: 02 6392 3241

·    Human Resources Officer on telephone: 02 6392 3218

10.       Who can Receive a Report Outside of the Cabonne Council?

Staff are encouraged to report wrongdoing within the Cabonne Council, but internal reporting is not your only option.  If you follow the guidance below, your report can still be a public interest disclosure.

You can choose to make your report to an investigating authority. You can do this first, or at any stage after your initial report to the Cabonne Council.  If your report is about the General Manager or the Mayor, you should consider making it to an investigating authority.

You can also choose to make a report to a Member of Parliament or a journalist, but only in limited circumstances.

a.  Investigating authorities

The PID Act lists a number of investigating authorities in NSW that staff can report wrongdoing to and the categories of wrongdoing each authority can deal with.

In relation to council, these authorities are:

·    the Independent Commission Against Corruption (ICAC) — for corrupt conduct

·    the Ombudsman — for maladministration

·    the Division of Local Government, Department of Premier and Cabinet — for serious and substantial waste in local government  (reports about serious and substantial waste in State government agencies should be made to the Auditor General)

·    the ICAC Inspector — for disclosures about the ICAC or its staff

·    the Information Commissioner — for disclosures about a government information contravention.

You should contact the relevant authority for advice about how to make a disclosure to them.  Contact details for each investigating authority are provided at the end of this policy.

You should be aware that it is very likely the investigating authority will discuss the case with the Cabonne Council.  We will make every effort to assist and cooperate with the investigating authority to ensure the matter is dealt with appropriately and there is a satisfactory outcome.  We will also provide appropriate support and assistance to staff who report wrongdoing to an investigating authority.

b.  Members of Parliament or Journalists

To have the protections of the PID Act, staff reporting wrongdoing to a Member of Parliament (MP) or a journalist must have already made substantially the same report to one of the following:

·    the General Manager

·    a person nominated in this policy

·    an investigating authority in accordance with the PID Act.

Also, the Cabonne Council or investigating authority that received the report must have either:

·    decided not to investigate the matter

·    decided to investigate the matter, but not completed the investigation within six months of the original report

·    investigated the matter but not recommended any action as a result

·    not told the person who made the report, within six months of the report being made, whether the matter will be investigated.

Most importantly – to be protected under the PID Act – if you report wrongdoing to an MP or a journalist you will need to be able to prove that you have reasonable grounds for believing that the disclosure is substantially true and that it is in fact substantially true.

If you report wrongdoing to a person or an organisation that is not listed above, you will not be protected under the PID Act.  This may mean you will be in breach of legal obligations or Cabonne Council’s Code of Conduct – by, for example, disclosing confidential information.

For more information about reporting wrongdoing outside the Cabonne Council, contact the disclosures coordinator or the NSW Ombudsman’s Public Interest Disclosures Unit.  Their contact details are provided at the end of this policy.

11.       The Investigation Process

All disclosures will be promptly and thoroughly assessed.  Decisions as to the most appropriate action to be taken on the disclosure will also be made promptly.  The basis for these decisions will be properly documented.

If an internal investigation is to be conducted, terms of reference will be drawn up in order to clarify the key issues to be investigated.  An investigation plan will be developed to ensure all relevant questions are addressed, the scale of the investigation plan is in proportion to the seriousness of the allegation(s) and sufficient resources are allocated.

An internal investigation will be authorised by the General Manager and the disclosure coordinator with an appropriate investigator appointed.

Strict security will be maintained during the investigative process.  All information obtained will be secured to prevent unauthorised access.

All relevant witnesses will be interviewed and documents examined.  Contemporaneous notes of all discussions, phone calls and interviews will be made.  Where possible, interviews will be taped.

A report will be prepared when an investigation is complete.  This report will include:

·    the allegations;

·    a statement of relevant facts and the evidence relied upon in reaching any conclusions;

·    the conclusions reached and their basis; and

·    recommendations to address any wrongdoing identified and any other matters arising during the investigation.

The principles of procedural fairness (natural justice) will be observed.  In particular, where adverse comment about a person is to be included in the report, the person affected will be given an opportunity to comment beforehand and any comments will be considered before the report is finalised.

12.       Feedback to staff who report wrongdoing

Staff who report wrongdoing will be told what is happening in response to their report.

When you make a report, you will be given:

·    an acknowledgement that your disclosure has been received

·    the timeframe for when you will receive further updates

·    the name and contact details of the people who can tell you what is happening.

This information will be given to you within two (2) working days from the date you make your report.  Additionally a copy of Council’s Public Interest Disclosures (Internal Reporting) Policy will be sent to a person who makes a public interest disclosure within 45 days of the person making the disclosure.

After a decision is made about how your report will be dealt with, you will be given:

·    information about the action that will be taken in response to your report

·    likely timeframes for any investigation

·    information about the resources available within Cabonne Council to handle any concerns you may have

·    information about external agencies and services you can access for support.

This information will be given to you within 10 working days from the date you make your report.

During any investigation, you will be given:

·    information on the ongoing nature of the investigation

·    information about the progress of the investigation and reasons for any delay

·    advice if your identity needs to be disclosed for the purposes of investigating the matter, and an opportunity to talk about this.

At the end of any investigation, you will be given:

·    enough information to show that adequate and appropriate action was taken and/or is proposed to be taken in response to your disclosure and any problem that was identified

·    advice about whether you will be involved as a witness in any further matters, such as disciplinary or criminal proceedings.

13.       Protection Against Reprisals

The PID Act provides protection for people reporting wrongdoing by imposing penalties on anyone who takes detrimental action substantially in reprisal for them making the public interest disclosure.

The Cabonne Council will not tolerate any reprisal action against staff who report wrongdoing.  The criminal penalties that can be imposed include imprisonment or fines. Detrimental action is also misconduct that justifies disciplinary action.  People who take detrimental action against someone who has made a disclosure can also be required to pay damages for any loss suffered by that person.

Detrimental action means action causing, comprising or involving any of the following:

·    injury, damage or loss

·    intimidation or harassment

·    discrimination, disadvantage or adverse treatment in relation to employment

·    dismissal from, or prejudice in, employment

·    disciplinary proceedings.

a.  Responding to Reprisals

The Cabonne Council will act to protect staff who report wrongdoing from reprisals.

When a report is received, we will ensure that a thorough risk assessment is conducted.  This will identify any risks to the member of staff who reported the wrongdoing, as well as strategies to deal with those risks.

If you believe that detrimental action has been or is being taken against you or someone else who has reported wrongdoing in reprisal for making a report, you should tell your supervisor, the disclosures coordinator or the General Manager immediately.

All supervisors must report any suspicions they have that reprisal action against a staff member is occurring, or any reports that are made to them, to the disclosures coordinator or the General Manager.

If the disclosures coordinator becomes aware of reprisal action against a person who has made a disclosure, they will:

·    ensure a senior and experienced member of staff, who has not been involved in dealing with the initial disclosure, will investigate the suspected reprisal

·    give the results of that investigation to the General Manager for a decision

·    give the results of that investigation to the Mayor for a decision if the allegation of reprisal action is about the General Manager

·    if it has been established that reprisal action is occurring against someone who has made a disclosure, take all steps possible to stop that activity and protect the member of staff who made the disclosure

·    take appropriate disciplinary or criminal action against anyone proven to have taken or threatened any action in reprisal for making a disclosure.

 

If you report reprisal action, you will be kept informed of the progress of any investigation and the outcome.

The General Manager may issue specific directions to help protect against reprisals. If the allegation of reprisal action is about the General Manager, the Mayor may issue similar directions.  These may include:

·    issuing warnings to those alleged to have taken reprisal action against the member of staff who made the disclosure

·    relocating the member of staff who made the disclosure or the subject officer within the current workplace

·    transferring the member of staff who made the disclosure or the staff member who is the subject of the allegation to another position for which they are qualified

·    granting the member of staff who made the disclosure or the subject officer leave of absence during the investigation of the disclosure.

These directions will only be taken if the member of staff who made the disclosure agrees to it.  The disclosures coordinator will make it clear to other staff that this action was taken in consultation with the staff member and with management support – and it is not a punishment.

If you have reported wrongdoing and feel that any reprisal action is not being dealt with effectively, contact the Ombudsman or the ICAC – depending on the type of wrongdoing you reported.  Contact details for all these investigating authorities are included at the end of this policy.

b.  Protection against legal action

If you make a disclosure in accordance with the PID Act, you will not be subject to any liability and no action, claim or demand can be taken against you for making the disclosure.  You will not have breached any confidentiality or secrecy obligations and you will have the defence of absolute privilege in defamation.

14.       Support for Those Reporting Wrongdoing 

The Cabonne Council will make sure that staff who have reported wrongdoing, regardless of whether they have made a public interest disclosure, are provided with access to any professional support they may need as a result of the reporting process – such as stress management, counselling services, legal or career advice.

All staff who report wrongdoing will be supported, protected and their disclosures appropriately acted upon.  No staff member who reports wrongdoing through the appropriate channels will suffer disciplinary action for having done so.

Staff within Cabonne Council who can receive an internal public interest disclosure will also support those who report wrongdoing.  They are responsible for initiating and coordinating support, particularly to those suffering any form of reprisal.  Details of support officers appear in section 9 of this policy.

All supervisors must notify the disclosures coordinator if they believe a staff member is suffering any detrimental action as a result of disclosing wrongdoing.

15.       Sanctions for Making False or Misleading Disclosures

It is important that all staff are aware that it is a criminal offence under the PID Act to wilfully make a false or misleading statement when reporting wrongdoing.

16.       Support for the Subject of a Report

The Cabonne Council is committed to ensuring staff who are the subject of a report of wrongdoing are treated fairly and reasonably.  If you are the subject of a report, you will be:

·    treated fairly and impartially

·    told your rights and obligations under our policies and procedures

·    kept informed during any investigation

·    given the opportunity to respond to any allegation made against you

·    told the result of any investigation.

17.       Review

This policy will be reviewed by council every twelve/eighteen months.  For any advice or guidance about this review, contact the NSW Ombudsman’s Public Interest Disclosures Unit.

18.       More Information

Staff can access advice and guidance about the PID Act from Cabonne Council Disclosures Coordinator (Director of Finance and Corporate Services on telephone 6392 3222) and the NSW Ombudsman (for general advice on telephone 9286 1000) or its website at www.ombo.nsw.gov.au

19.       Resources

The contact details for external investigating authorities that staff can make a public interest disclosure to or seek advice from are listed below.

For disclosures about corrupt conduct:

Independent Commission Against Corruption (ICAC)

Phone: 02 8281 5999

Toll free: 1800 463 909

Tel. typewriter (TTY): 02 8281 5773

Facsimile: 02 9264 5364

Email: icac@icac.nsw.gov.au

Web: www.icac.nsw.gov.au  

Address: Level 21, 133 Castlereagh Street,
Sydney NSW 2000

For disclosures about maladministration:

NSW Ombudsman

Phone: 02 9286 1000

Toll free (outside Sydney metro): 1800 451 524

Tel. typewriter (TTY): 02 9264 8050

Facsimile: 02 9283 2911

Email: nswombo@ombo.nsw.gov.au

Web: www.ombo.nsw.gov.au

Address: Level 24, 580 George Street, Sydney NSW 2000

For disclosures about serious and substantial waste:

Auditor-General of the NSW Audit Office

Phone: 02 9275 7100

Facsimile: 02 9275 7200

Email: mail@audit.nsw.gov.au

Web: www.audit.nsw.gov.au

Address: Level 15, 1 Margaret Street, Sydney NSW 2000

 

For disclosures about serious and substantial waste in local government agencies:

Division of Local Government in the Department of Premier and Cabinet

Phone: 02 4428 4100

Tel. typewriter (TTY): 02 4428 4209

Facsimile: 02 4428 4199

Email: dlg@dlg.nsw.gov.au

Web: www.dlg.nsw.gov.au

Address: 5 O’Keefe Avenue, Nowra, NSW 2541

For disclosures about breaches of the GIPA Act:

Information Commissioner

Toll free: 1800 463 626 

Facsimile: 02 8114 3756

Email: oicinfo@oic.nsw.gov.au

Web: www.oic.nsw.gov.au

Address: Level 11, 1 Castlereagh Street, Sydney NSW 2000

20.       Legislation and References

Cabonne Council references and relevant Codes & Policies

·    Code of Conduct

·    Complaints Management Policy

·    Occupational Health and Safety Policy

External References

·    Independent Commission Against Corruption and the Local Government Managers Association of NSW: Governance Health Check 2004

·    NSW Ombudsman: Changes to the public interest guidelines system – information for public authorities 2011

·    NSW Ombudsman: Model internal reporting policy (local government) 2011

·    NSW Ombudsman: Public Interest Disclosures Guidelines 2011

·    NSW Ombudsman: What should be reported –http://www.ombo.nsw.gov.au/publication/PDF/guidelines/PID_guideline_B2-What_should_be_reported_6June2011.pdf

 


Item 24 Ordinary Meeting 21 November 2011

Item 24 - Annexure 1

 





























Item 25 Ordinary Meeting 21 November 2011

Item 25 - Annexure 1

 

1 Executive summary

Grain is one of the State’s major commodities. In 2011/12, the export value of wheat

is expected to exceed $1.5 billion, making it the most valuable non-mineral export

commodity.1 The grain line network plays an important role in transporting grain

from grain growing regions in the far north, west and south of the State to port and

to large domestic users. In the absence of the grain line network, over 1.5 million

tonnes of grain would need to be transported to a mainline consolidation facility or

to a port/large domestic user by road. This would increase the number of trucks on

rural and regional roads and the costs to communities of maintaining these roads.

The grain line network is old, and many parts of it have fallen below a standard

considered fit for the purpose of transporting grain. Rail also faces increasing levels

of competition from a competitive and innovative road transport supply chain. This

constrains the price that rail users can be charged for their use of the network and

hence, the recovery of maintenance costs.

At the current level of usage and access prices, only 3% of the operating and

maintenance costs of the network are recovered from users, relying on government

subsidies for the remainder. Limited government funding and competing budget

priorities have resulted in a lengthy period of uncertainty about the long-term

sustainability of many lines and discouraged industry investment in the rail supply

chain.

Governments have long been aware of this issue and have reviewed the grain line

network several times. In 2009, the NSW Grain Freight Review commissioned by the

Australian Government examined the efficiency of the grain supply chain in NSW

and the ongoing viability of the grain line network. It recommended that most grain

lines should remain open, because the total costs of increased grain traffic on the

road network would outweigh the costs of keeping the lines open.2

In light of this, the NSW Grain Freight Review recommended that the lines be

stabilised at a minimum ‘fit for purpose’ standard through a non-recoverable NSW

government grant, contingent on industry investment in other supply chain

improvements. It also recommended that the NSW Government review future

access charges to determine an appropriate user contribution to the cost of

maintaining the lines.

In its preliminary response to the review, the former NSW Government agreed to

this recommendation. In December 2010, it asked the Independent Pricing and

Regulatory Tribunal of NSW (IPART) to investigate and recommend future access

pricing arrangements to promote the sustainability of the network, taking into

account:

the efficient costs of providing grain freight services over the next 5 years

the impact of any recommended prices on the road network and requirements for

government funding of the grain line network, and

the ability and willingness of the grain industry to pay the recommended access

prices (see Appendix A for the full terms of reference).

We have completed the first stage of this review and formulated our draft

recommendations on access pricing and arrangements, as well as complementary

reforms to improve the sustainability of the network. The purpose of this draft

report is to explain our draft recommendations and the key findings that support

them and seek comments from stakeholders before making our final

recommendations to the NSW Government. The process for finalising our review is

explained in Section 1.4.

 

1.1 Overview of our draft access pricing recommendations

Based on our analysis of the efficient grain supply chain costs and our consultations

with stakeholders, we recommend that:

The access price should be increased by 100% and should be phased in over the

next 2 years. Prices should then be increased in line with the change in CPI,

unless reforms to heavy vehicle road user charging materially affect road supply

chain costs, in which case the level of access prices should be reviewed.

The structure of the access price should be simplified so it comprises one variable

price for the whole network. This should be published each year to improve

transparency.

The access price should apply to all traffic that uses the network, including nongrain freight.

 

1.1.1 Why should grain line access prices increase?

The owner and operator of the grain line network infrastructure – the Country Rail

Infrastructure Authority (CRIA) – recovers only 3% of the efficient costs it incurs in

operating and maintaining the network through access prices. It relies on

government subsidies to fund the remaining 97% of these costs (see Table 1.2). This

is not sustainable and has led to a lengthy period of poor service levels, uncertainty

and underinvestment in the rail supply chain.

 

In our previous decisions about the proportion of the efficient network costs to be

funded by government and users, we based our decision largely on the value of the

external benefits generated by services compared to benefits enjoyed by private

users. We consider it fair and reasonable for the government to fund the proportion

of costs equal to external benefits; and for users of the network to fund the

proportion of costs of providing the service from which they benefit directly.3

Our analysis shows that the external benefits of the grain line network average

around 40% of the value of the efficient operating and maintenance costs. This

suggests that the current government subsidy of 97% of costs is high.

 

In submissions and at our Roundtable, stakeholders suggested that cost recovery

could be increased through:

reducing below-rail maintenance costs

increasing the amount of traffic on the lines

track upgrades as a mechanism to reduce operating costs and attract additional

demand.

We considered the merits of these options and determined that none of them have

the potential to increase access revenue by any meaningful amount. Therefore, as a

first step towards improving the sustainability of the network, we consider that

access prices should increase such that users fund a greater proportion of operating

and maintenance costs.

 

1.1.2 Why have we recommended an increase of 100%?

Unlike public transport services, the grain line network is not a large natural

monopoly. It faces direct competition from road for the grain transportation task.

Achieving user cost recovery in line with the average private benefits of the network

would likely force considerable volumes of grain traffic onto roads.

Throughout this review, stakeholders have argued strongly and unanimously that

any increase in access prices should not remove rail’s price advantage over road for

transporting grain, so as not to shift grain freight from rail to road. We accept that

this is a widespread concern and have designed our approach to ensure that the cost

advantage of transporting grain on the grain line network is maintained.

We investigated the total rail and road supply chain costs and sought advice from

stakeholders about how rail and road compete. We then made a conservative

estimate of rail’s cost advantage over road. We recommend an access price increase

that will keep rail supply chain costs well below equivalent road costs, to minimise

the risk that the access price will trigger a substantial loss of rail market share. This

results in an increase of 100% from the current level.

The results of our analysis are summarised in Table 1.3. With a 100% increase in the

access price, rail still has a substantial cost advantage over road (on average $16.50

per tonne). However, this cost advantage is the result of a substantial government

subsidy. As noted above, while some level of government subsidy is appropriate;

our analysis suggests that the current subsidy is considerably greater than the

external benefits of the network.

Based on stakeholder feedback, we recommend a simplified price structure and

publication of prices to provide users with transparency and certainty about the costs

of using the network and how these costs will change over time.

 

1.1.3 What is the impact on cost recovery of a 100% access price increase?

Assuming that the current outlook for grain continues and demand on the network is

similar to that experienced in recent years, we estimate that increasing access prices

by 100% will increase cost recovery from 3% to 6% by 2013 for the network as whole.

However, as demonstrated in Table 1.4, the results vary considerably between lines.

Our recommended access price increase will improve cost recovery from users on the

Dubbo to Coonamble line to 11%. For Narrabri to Burren cost recovery will increase

to 24%. However, many of the lines are still likely to have extremely poor cost

recovery, even with a 100% increase in the access price. The outermost lines from

Ungarie, Griffith to Hillston and The Rock to Boree Creek will still recover 1% or less

of costs.

 

1.1.4 Will an access price increase of 100% make the grain line network

sustainable?

We consider that our recommended pricing arrangements will help promote the

long-term sustainably of some lines, but for others, an access price increase alone will

not deliver sustainability or investment certainty.

Lines that barely contribute to operating and maintenance costs after a 100% increase

in access prices are unsustainable in the long-term and warrant consideration of

whether there is a lower cost transportation solution. It is a matter for the NSW

Government to decide what should be done about these lines. However, we

recommend that any decision about line viability should include consideration of an

economic cost-benefit analysis.

For higher volume lines, the recommended increase in access price will enable a

greater share of costs to be recovered from users without triggering a significant shift

in grain traffic from rail to road. Yet even for these higher volume lines, CRIA will

continue to need a substantial government subsidy to fund the ongoing operating

and maintenance costs.

 

1.2 Overview of other complementary recommendations

While our recommended access price increase will improve cost recovery on some

lines, it will not increase cost recovery for the whole network to sustainable levels.

We have recommended other complementary measures to assist in delivering

improvements to the sustainability of the network. These measures include:

Industry coordination - through a more structured and collaborative approach to

decision making on the network between the below and above-rail operators.

Mode-neutral freight strategy - we support the NSW Government’s goal in its

NSW 2021 plan to invest in strategic and coordinated infrastructure. The plan

should be mode-neutral and identify the best transport options in selected

regional routes, rather than funding competing rail and road infrastructure.

Line viability - for lines that continue to have low levels of cost recovery, the NSW

Government should consider the viability of these lines following a thorough and

transparent demonstration of the costs and benefits.

Road cost offset – for rail lines that are not the best transport option following the

NSW Government’s analysis, the funding earmarked for maintaining these lines

should be used to offset the increased road maintenance costs on the road

network in the first instance and to bring forward stabilisation works on the

remaining lines.

Heavy vehicle road user charging reform - while recognising that heavy vehicles

may pay for their use of roads in aggregate, reforms are required to ensure that

these charges better reflect the actual costs of use of different types and locations

of roads. This will enable more transparent decisions about government subsidies

to road and rail.

 

1.3 How we have approached the task?

In response to our Issues Paper, stakeholders argued strongly and unanimously that

to promote the sustainability of the grain line network, it was critical that any

changes in access prices should not remove rail’s competitive advantage over road

for the transport of grain. They argued that it would encourage current rail users to

shift to road transport, which would further reduce the sustainability of the grain line

network and may lead to the closure of some or all lines. This would increase heavy

vehicle traffic on rural and regional roads, which in turn would increase road

maintenance and other costs that this traffic imposes on the community.

 

We undertook our own analysis to estimate the efficient cost of transporting grain by

rail or road to port. We obtained advice from Mr Mike Smart from Sapere Research

Group Limited. We also obtained expert advice from Deloitte Touche Tohmatsu

(Deloitte) on the operating costs of transporting grain by rail and road. The results of

the Deloitte report are included in the following chapters and the report is available

on our website.4 We have also considered stakeholder responses to our issues paper

and comments made at the Roundtable.

The key steps in our approach to making our draft findings and recommendations

were to:

1. Examine whether users are paying an appropriate contribution towards the costs

of the network, taking into account the external costs and benefits of rail and road

transport.

2. Estimate the cost to users of transporting grain from farm to port by rail for each

grain line.

3. Estimate the cost to users of transporting grain from farm to port by road via the

most likely alternative route for each grain line.

4. Compare the costs of the two transport supply chains to quantify rail’s cost

advantage over road at current grain line access prices.

5. Consider whether there are other options to improve cost recovery without

increasing access prices. Other options include:

a) reducing below-rail maintenance costs

b) increasing the amount of traffic on the lines

c) track upgrades as a mechanism to reduce operating costs and attract additional

demand.

6. Having determined in step 5 that non-price solutions were unlikely to improve

cost recovery levels, we revisited the results of the supply chain analysis in step 4

and determined how access prices could be increased without eroding rail’s cost

advantage over road.

7. Decide on appropriate access pricing arrangements and prices.

8. Estimate the impact of the increased access revenue on cost recovery and the

government subsidy.

9. Consider the need for complementary measures to promote the sustainability of

the network.

10.Review current evidence on heavy vehicle road user charging to ascertain

whether heavy vehicles pay their way on the road network and how this affects

cost recovery on the grain line network.

 

1.4 How can stakeholders provide comment on the draft report?

We seek comments on our draft report and recommendations. Submissions are due

on Friday 9 December 2011. We will consider issues raised in submissions before

finalising our report and recommendations. The timetable for finalising our review

is set out in Table 1.5.

 

Release draft report and recommendations 31 October 2011

Submissions due 9 December 2011

Provide final report and recommendations to NSW Government February 2012

 

1.5 Structure of this report

The following chapters and appendices explain our draft findings and

recommendations in detail:

Chapter 2 discusses the context for the review, including the grain line network,

key stakeholders, problems facing the network and outcomes from previous

reviews.

Chapter 3 assesses whether the current user contribution to cost recovery and

government subsidy are appropriate.

Chapters 4 to 6 explain our draft findings on how the costs of the rail and road

supply chains compare.

Chapter 7 considers whether there are there non-price solutions to increase cost

recovery.

Chapter 8 explains our draft findings on the extent to which access prices could be

increased without eroding rail’s cost advantage and tipping the balance in favour

of road transport.

Chapter 9 sets out our draft recommendations on the appropriate access pricing

arrangements and prices.

Chapter 10 assesses the impact of our recommendations on cost recovery from

users and government subsidy.

Chapter 11 discusses our draft recommendations on complementary reforms to

improve the sustainability of the network.

Chapter 12 discusses issues with the current regime for heavy vehicle road user

charging and how they impact on rail cost recovery.

Appendices 1-5 provide background information and a glossary of terms.

 

1.6 List of draft recommendations

1 Any future upgrades of grain lines to a Class 2 standard should be: 46

a. negotiated on the basis of a thorough cost-benefit analysis that includes

consideration of non-grain traffic 46

b. funded primarily by the parties to whom the benefits accrue, through an

appropriate funding mechanism. 46

2 An increase of 100% to grain line access prices provides a good balance between

improving cost recovery and maintaining rail’s modal share. 54

3 The access price increase should be phased in over 2 years. 54

4 The access price structure should be simplified so that a single variable access

price is applied across all lines. 58

5 The access price should be published. 59

6 That the access price should apply to all traffic that uses the grain line network,

including non-grain freight. 60

7 Should the government pursue a review of the governance arrangements for

some or all of the grain lines; it would be prudent to extend that review to

incorporate the current regulatory and structural arrangements that apply to the

greater CRN and Hunter Valley rail network. 70

8 The NSW Government should establish an industry coordination forum to facilitate

greater coordination of operations and investment in the network. The forum

could advise on maintenance priorities, investment decisions and funding

contributions. 71

9 The NSW Government should take a mode-neutral approach to the future

provision of subsidies for freight transport infrastructure. A thorough and

transparent demonstration of the costs and benefits should be undertaken for

corridors where rail presently has a very low cost recovery level. 75

10 Should the government decide to suspend operations on some lines following this

analysis, the funding earmarked for maintenance on those lines should be used to

offset the increased road maintenance costs on the road network in the first

instance and to bring forward stabilisation works on the remaining lines. 75

11 The NSW Government should conduct further analysis on the long-run marginal

costs of road wear caused by heavy vehicles that transport grain. 80

 

 


GENERAL MANAGER’S REPORT ON MATTERS FOR NOTATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 21 November, 2011

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 1      INVESTMENTS & RATES SUMMARIES...................................... 203

ITEM 2      WBC ACTIVITIES UPDATE REPORT.......................................... 203

ITEM 3      COMMUNITY CONSULTATION MEETING - MANILDRA......... 203

ITEM 4      COMMUNITY CONSULTATION MEETING - CUMNOCK......... 203

ITEM 5      The impact of the Work Health and Safety Bill on Council's S355 Committees.................................................................................... 203

ITEM 6      CABONNE ENERGY EFFICIENCY TEAM................................... 203

ITEM 7      Budget Comparison Review to the 30th of June 2011 203

ITEM 8      RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions       203

ITEM 9      DA 2012/057 MANILDRA DEPOT STORAGE SHED................ 203

ITEM 10    CENTROC WATER UTILITIES ALLIANCE UPDATE REPORT 203

ITEM 11    NOTIFICATION OF LAND AND ENVIRONMENT COURT APPEAL  203

ITEM 12    MEDIAN PROCESSING TIMES..................................................... 203

ITEM 13    DEVELOPMENT APPLICATIONS RECEIVED DURING THE PRECEDING MONTH.............................................................................................................. 203

ITEM 14    DEVELOPMENT APPLICATIONS APPROVED DURING THE PRECEDING MONTH................................................................................................ 203

ITEM 15    BURIAL STATISTICS....................................................................... 203  

 

ANNEXURE ITEMS

 

ANNEXURE 1.1    Investment Schedule............................................... 203

ANNEXURE 1.2    Rates Graph................................................................... 203

ANNEXURE 2.1    WBC Activities Report.............................................. 203

ANNEXURE 3.1    Manildra Community Consultation Notes. 203

ANNEXURE 4.1    Cumnock Community Consultation Meeting Notes    203

ANNEXURE 8.1    Council Resolutions................................................ 203

ANNEXURE 8.2    Community Services Resolutions.................... 203

ANNEXURE 8.3    Economic Development and Tourism Resolutions     203

ANNEXURE 8.4    Environmental Services Resolutions.......... 203

ANNEXURE 8.5    Land Development Resolutions........................ 203

ANNEXURE 8.6    Works Resolutions................................................... 203

ANNEXURE 13.1  Development Applications Received - October 2011  203

ANNEXURE 14.1  Development Applications Approved - September 2011    203 

 


 

 

ITEM 1 - INVESTMENTS & RATES SUMMARIES

REPORT IN BRIEF

 

Reason For Report

Information provided in relation to investments and rates.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Finance

Annexures

1.  Investment Schedule

2.  Rates Graph    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 218011

 

Director of Finance and Corporate Services' REPORT

 

Statements of Investments.

 

The Statement of Investments to 31 October, 2011  is attached.

 

Rate Collection Summary.

 

The summary of rate collections to 31 October, 2011  is attached.

 

 

 

 

ITEM 2 - WBC ACTIVITIES UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

To provide Council with an update on WBC activities for the preceding month.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

WBC Strategic Alliance

Annexures

1.  WBC Activities Report    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287381

 

General Manager's REPORT

 

An update report on activities undertaken by the WBC Project Officer has been provided as an annexure for Councillors’ information.

 

Following is a list of current activities included in the report. For a comprehensive progress report on activities please refer to the annexure.

 

·    IT Corporate Systems Project

·    Integrated Planning & Reporting

·    Shared Services Project

·    WBC Forum

·    Upcoming Events

 

 

 

 

ITEM 3 - COMMUNITY CONSULTATION MEETING - MANILDRA

REPORT IN BRIEF

 

Reason For Report

To inform Council on the Manildra Community Consultation Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  Manildra Community Consultation Notes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 285619

 

Director of Finance and Corporate Services' REPORT

 

The Community Consultation meeting for Manildra was held at the Soldiers Memorial Hall on Wednesday 12th October 2011.

 

The meeting was well attended with 23 members of the Manildra community being present.

 

A wide range of issues were discussed at the meeting including Cabonne Community Plan 2025,Family Day Care, Roads and Sewer Scheme.

 

A full report of the meeting including all matters raised by the public is attached for Councillors’ information. Staff were able to answer a majority of questions raised by the community on the night however matters outstanding will be referred to staff for follow up and reply.

 

In addition, Customer Service Request forms were made available to those wishing to complete them.

 

 

 

 

ITEM 4 - COMMUNITY CONSULTATION MEETING - CUMNOCK

REPORT IN BRIEF

 

Reason For Report

To inform Council on the Cumnock Community Consultation Meeting

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Community Relations

Annexures

1.  Cumnock Community Consultation Meeting Notes    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 286671

 

Director of Finance and Corporate Services' REPORT

 

The Community Consultation meeting for Cumnock was held at the Cross Roads Building on Wednesday 19 October 2011.

 

The meeting was well attended with 27 members of the Cumnock community being present.

 

A wide range of issues were discussed at the meeting including the Wards review, sewerage scheme, B Double access, road condition and eastern area amalgamation.

 

A full report of the meeting including all matters raised by the public is attached for Councillors’ information. Staff were able to answer a majority of questions raised by the community on the night however matters outstanding will be referred to staff for follow up and reply.

 

In addition, Customer Service Request forms were made available to those wishing to complete them.

 

 

 

 

ITEM 5 - The impact of the Work Health and Safety Bill on Council's S355 Committees

REPORT IN BRIEF

 

Reason For Report

The Work Health and Safety Bill 2011 which will commence on 1st January 2012, makes changes to the meaning of "employer".

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Risk Management

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 284262

 

Risk Management Officer's REPORT

 

The new Work Health and Safety Bill has identified that Council’s S355 Committees that “employ” pool staff, will be deemed as a Person Conducting a Business or Undertaking (PCBU) as defined in the Bill. The PCBU replaces the term employer and means (Section 5(1)) that “…conduct(s)….the business or undertaking alone or with others…whether or not the business or undertaking is conducted for profit or gain”.

 

A number of villages’ S355 Committees that have the care, control and management of the pool, arrange for pool staff and to some degree make payments to the pool staff. In doing this, the volunteer group becomes a PCBU, that is, it takes on the OHS responsibilities of a PCBU (which are the requirements imposed on Council by the legislation – of an employer).

 

There is an exclusion for volunteer groups in the legislation, but that exclusion does not apply because the S355’s “employ” workers ie pool staff.

 

The General Manager has requested that the Risk Management Officer meet with Director of Finance Corporate Services and Director of Engineering and Technical Services to develop an appropriate procedure that protects the current S355’s so that they are not exposed to the OHS requirements of the Bill.

 

 

 

 

ITEM 6 - CABONNE ENERGY EFFICIENCY TEAM

REPORT IN BRIEF

 

Reason For Report

To inform Council of the activities of the Cabonne Energy Efficiency team

Policy Implications

Nil

Budget Implications

Yes

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288432

 

Communications and Media Officer REPORT

 

As Council is aware, an Energy Efficiency Team consisting of staff from across the organisation has been meeting during the past year to examine energy saving initiatives and strategies.

 

The team’s aim is to suggest, investigate and action initiatives that will achieve savings for ratepayers and may be seen as an example for the wider community.

 

A fund was established to finance strategies and any savings from these initiatives is returned to a reserve to be spent on more energy-savings actions.

 

Latest actions being undertaken by the Energy Efficiency Team include:

 

·    The installation of high bay (LED) lighting at the Molong depot and limestone quarry, which don’t require the normal start-up time. These lights are not only significantly more efficient but provide greater flexibility by being able to be turned on and off as required.

·    Trial of LED lighting in Molong and Cudal offices, with LED lights to replace current flourescent lights as needed. Council will eventually bulk purchase LED through a joint tender with CENTROC. Savings from LED lights to be returned to the revolving Energy Efficiency Fund.

·    Light meter purchased to analyse lighting requirements at Council’s worksites and Council chambers to achieve correct lighting requirements according to the Australian standard. Lighting in some areas was found to be three times higher than required by the standard.

·    Light meter to be made available to WBC partners and the general public on a 24-hour return basis.

·    The installation of stand-alone water pipe systems being investigated to eliminate the need to buy bottled water at Molong office.

·    Motion sensors to be installed for lighting in toilets at Molong and Cudal offices.

·    Air-conditioning timers;

·    Water heater timers, which have saved 14 hours of electricity use per day at Council’s Molong and Cudal Offices;

·    Computers reconfigured to go into standby mode after 15 minutes of inactivity. The average PC uses 300 watts of power while active, but this usage drops to about 5 watts in standby mode. Monitors consume 45 watts under normal operation, compared with 0.3 watts on standy power. It is estimated this measure will provide savings of just under $3000 annually.

·    The purchase of 12 replacement computer screens which consume 22 watts of power, about half the power consumption of existing monitors.

·    An investigation into converting Council’s existing 17 computer servers to two.

The General Manager’s Energy Efficiency Challenge which encouraged staff at the Molong and Cudal offices to initiate and implement energy saving measures resulted in Molong office saving 13% in electricity use during the six-month period and Cudal 20%. Cudal was declared the winner of the challenge.

 

The power saving measures implemented during the challenge continue to be practised at both offices.

 

 

 

 

ITEM 7 - Budget Comparison Review to the 30th of June 2011

REPORT IN BRIEF

 

Reason For Report

To present to Council the final report for the 2010/2011 Budget

Policy Implications

In accordance with Council Policy

Budget Implications

Yes

Area of Responsibility

Finance

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287583

 

Senior Accounting Officer's REPORT

 

The  2010/2011 Budget  presents a budget surplus of $66,049.

 

A summary of the results of the budget follows;

 

Item1.  Administration

 

Item 2. Public Order & Safety

 

This department includes  Fire Protection including contributions to fire services, Animal Control, Emergency Services and Hazard Reduction.

 

Grant funding in the amount of $285,708 was received for the funding of five Bushfire tankers, for Chessman’s’ Creek, The Ponds, Emu Swamp and Mullion Creek Brigades.

 

Grant funding for hazard reduction in the amount of $87,500 from the Rural Fire Service  was received. $66,000 was used in the roadside program while the remainder  of the funding was used in the urban areas of Council.

 

Item 3. Health

 

This department includes the sections of Administration, Food Control, Health Centres and other.

 

A net expenditure of $161,966 is included here and includes such items as  the  salaries and wages of health  staff.

 

Item 4. Environment

 

Item 5. Community Services & Education

 

The various programs in this area  saw an overall increase in available funding, with the  Home and Community Care Service receiving a total of $250,158 in grant funding with other contributions made bringing the total expenditure in this area to $326,792.

 

Family Day Care realized a net expenditure result of $637,265, this amount included $418,746 paid as Child Benefit Rebate.

 

Youth Services received grant funding of $1,230 and Council has contributed an amount of $6,146 for this program.

 

The Family Support Program, previously known as Family  Links,  received grant funding in excess of $119,000.

 

After School Care at the centres of Blayney, Millthorpe and Mullion Creek were well supported and received a total of $45,930 in grant funding. Other contributions including fees have been received and the total expenditure in these combined areas total $89,786, again a significant contribution to our Local Government area.

 

The  various transport schemes of HACC, Community Transport and Health were well attended and over $ 230,000 was spent in this area for the 2010/2011 financial year.

 

Item 6. Housing & Community Services

 

Item 7. Water Supplies

 

Item 8. Sewerage Services

 

Item 9. Recreation & Culture

 

Library Services total cost to Council was $192,220 which  saw a slight increase in Council’s contribution to Central West Library Co- Operative, the net amount was $189,280. 

 

Item 10. Mining Manufacturing & Construction

 

Item 11.Transport & Communication

 

Item 12. Economic Affairs

 

This activity includes caravan parks,

 

Item 13. General Purpose Income

 

The amount raised for Rates and Annual Charges was $8,164,836. Financial Assistance Grants for Finance and Roads total $4,135,758, however the first instalment for the 2011/2012 was acknowledged in this reporting period.

 

Interest revenue totalled a net $1,280,932,  after distribution  to other areas of the budget and represented an increase of $335,372 in excess of the initial budget. This result was due to additional investment funds  being available.

 

 

 

 

ITEM 8 - RESOLUTIONS REGISTER - INFOCOUNCIL - Outstanding Actions

REPORT IN BRIEF

 

Reason For Report

To provide Council with a report of outstanding actions resulting from
May 2009 to last month's Council and Committee meetings.

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Governance

Annexures

1.  Council Resolutions

2.  Community Services Resolutions

3.  Economic Development and Tourism Resolutions

4.  Environmental Services Resolutions

5.  Land Development Resolutions

6.  Works Resolutions    

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288569

 

Administration Manager's REPORT

InfoCouncil generated reports are provided including May 2009 to October 2011 Resolutions.  These are annexed sorted by meeting i.e. Council, Community Services, etc. 

 

As previously advised the Council and Committees’ resolutions registers from March meetings onwards also show the outstanding Resolutions.

 

Progress comments are provided until the final Action comment which will also show “COMPLETE”: that Item will then be removed from the Registers.

 

Councillors should raise any issues directly with Directors as per the Mayor’s request.

 

 

 

 

ITEM 9 - DA 2012/057 MANILDRA DEPOT STORAGE SHED

REPORT IN BRIEF

 

Reason For Report

To inform Council of approavl and unavailability of funding

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Engineering

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 288392

 

Design Manager's REPORT

 

Council has been granted approval for a 10m x 8m storage shed on Lot 2 Section 37 DP 758643, Council’s Manildra works depot. The location is depicted on the plan below,

 

 

The approval is supported by numerous standard conditions of approval with the consent to lapse 2 November 2016. It is estimated the cost of constructing the storage shed to be approximately $30,000.

 

Council should note there is no immediate or long term funding available for the construction of the approved storage shed out of Council’s budget.

 

 

 

 

ITEM 10 - CENTROC WATER UTILITIES ALLIANCE UPDATE REPORT

REPORT IN BRIEF

 

Reason For Report

Bringing Council up to date on activities of the Centroc Water Utility Alliance

Policy Implications

Nil

Budget Implications

Nil

Area of Responsibility

Water Supply and Sewerage

Annexures

Nil   

File Number

\My Workspace\Business Paper Report Directory\Working Reports InfoCouncil 2011 - 287279

 

Asset Manager's REPORT

This report provides an update on the Centroc Water Utilities Alliance. 

Council can expect a report in due course regarding its Drought Management Plan which will provide advice about uniform drought restrictions.

This report has been provided at the request of the CWUA and is for Council information.

About the Centroc Water Utilities Alliance (CWUA)

Council is a member of the Centroc Water Utilities Alliance.

The objectives of the CWUA are

1.   To deliver cost savings and other efficiencies;

2.   To grow staff skills and ensure workforce are adequately trained for compliance based service delivery;

3.   To support members in assuring sustainable workforce;

4.   To promote Local Government as the agency of choice for the delivery of water utilities management in regional NSW and further afield;

5.   To advise the Centroc Board regarding Water Utilities Management;

6.   Full compliance with Best Practice requirements and

7.   To implement Regional Best Practice strategies.

The CWUA has been set up by the Centroc Board in response to the State and Federal Government’s calls for reform in the