Agenda of Ordinary Meeting

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
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS LEAVE OF ABSENCE - 888650

Recommendation

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

General Manager's REPORT

A call for apologies is to be made.

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
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS AND STAFF DECLARATION OF INTEREST - 2018 - 888654

Recommendation

THAT the Declarations of Interest be noted.

General Manager's REPORT

A call for Declarations of Interest.

ITEM 3 - DECLARATIONS FOR 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
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - COUNCILLORS DECLARATION OF POLITICAL DONATIONS - 888656

Recommendation

THAT any Political Donations be noted.

General Manager's REPORT

A call for declarations of any Political Donations.

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
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\MAYORAL MINUTES - 888657

Recommendation

THAT the information contained in the Mayoral Minute be noted.

General Manager's REPORT

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

ITEM 5 - COMMITTEE OF THE WHOLE

REPORT IN BRIEF

Reason For Report	Enabling reports to be considered in Committee of the Whole to be called.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 888658

Recommendation

THAT Councillors call any items that they wish to be debated in Committee of the Whole.

General Manager's REPORT

Council’s Code of Meeting Practice allows for the Council to resolve itself into “committee of the whole” to avoid the necessity of limiting the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

This item enables councillors to call any item they wish to be debated in “committee of the whole” at the conclusion of normal business.

The debate process during a ‘normal’ Council meeting limits the number and duration of speeches as required by Clause 250 of the Local Government (General) Regulation 2005.

Items should only be called at this time if it is expected that discussion beyond the normal debate process is likely to be needed.

ITEM 6 - GROUPING OF REPORT ADOPTION

REPORT IN BRIEF

Reason For Report	Enabling procedural reports to be adopted.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\GROUPING OF REPORT ADOPTION and BUSINESS PAPER ITEMS FOR NOTING REPORTS - 888661

Recommendation

THAT:

1. Councillors call any items they wish to further consider

2. Items 7 to 9 be moved and seconded.

General Manager's REPORT

Items 7 to 9 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.

ITEM 7 - CONFIRMATION OF THE MINUTES

REPORT IN BRIEF

Reason For Report	Adoption of the Minutes
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	1. February 27 2018 Ordinary Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 888665

Recommendation

THAT the minutes of the Ordinary meeting held 27 February 2018 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 27 February 2018.

ITEM 8 - COUNCIL'S POLICY REGISTER - AMENDMENT OF

REPORT IN BRIEF

Reason For Report	To seek Council's approval to amend this policy.
Policy Implications	Yes - will update Council's Policy Register if approval to amend the policy is given
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 905226

Recommendation

THAT the Code of Meeting Practice Policy and Policy on Service be amended to remove the reference of members of the public addressing council on council meeting day and include the conduct of public forums on the second Tuesday of each month.

General Manager's REPORT

Council’s current Code of Meeting Practice Policy and Policy on Service include reference to allowing members of the public to address council on council meeting days.

As Council has recently changed the format of this and now conducts public forums on the second Tuesday of each month, the policies need to be amended to reflect the change.

ITEM 9 - MARCH 2018 LOCAL EXTRAORDINARY TRAFFIC COMMITTEE MEETING

REPORT IN BRIEF

Reason For Report	For Council to ratify the recommendations of the committee.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a - Provide quality administrative support and governance to councillors and residents
Annexures	1. 2018 03 07 Minutes of Meeting Traffic Committee ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\MEETINGS\TRAFFIC COMMITTEES - 904329

Recommendation

THAT Council adopt the recommendations of the Local Traffic Committee meeting held on 7 March 2018.

Director of Engineering & Technical Services' REPORT

Attached are the minutes of the Local Traffic Committee meeting held 7 March 2018. The items addressed and their associated recommendations are as follows:

Item 3. Australian Motorsport Action Group Motor Car Rally

THAT Council approve the event subject to:

· Implementation of the Risk Management Plan and Traffic Management Plan, in accordance with the “Guide to Traffic and Transport Management for Special Events” (RTA, v3.4 August 2006) for a Class 3 event

· NSW Road Rules being observed by participants at all times

· Written approval being obtained from NSW Police

· Written approval being obtained from all affected Local Government Authorities

· Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

· The event organiser notifying all emergency services of the event

· The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 4. Canowindra Balloon Festival

THAT Council approve the event subject to:

· NSW Road Rules being observed by participants at all times

· Written approval being obtained from NSW Police

· Organiser must obtain Road Occupancy License before the event

· All residents near to the event area are notified by Letter box drop

· Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

· The event organiser notifying all emergency services of the event

· The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 5. Pig Push _ Education Fund Raising Event

THAT Council approve the event subject to:

· NSW Road Rules being observed by participants at all times

· Written approval being obtained from NSW Police

· Organiser is to notify RMS and get approval for using the state roads

· Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

· The event organiser notifying all emergency services of the event

· The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 6. NSW Master Road Cycling Championship

THAT Council approve the event subject to:

· NSW Road Rules being observed by participants at all times

· Written approval being obtained from NSW Police

· All residents affected by this event are notified by Letter box drop

· Council being provided with an updated copy of the $20M Public Liability Insurance Policy indicating Cabonne Council’s interests, with the date and location of the event.

· The event organiser notifying all emergency services of the event

· The event organiser debrief Council on the event. This includes notifying Council of all incidents or near misses that occurred during the event

Item 7. Proposal to safety improvement works along Rodd Street close to Emma Street exit

THAT the Committee advice Council take no action at this time

Item 8. Proposal to install an additional disabled parking along Tilga Street

THAT Council supports to install additional disable parking along Tilga Street

Item 9. Proposal To make changes to the drop off or pick up zone along Belmore Street

That Council supports to make changes to the drop off and pick up zone along Belmore Street

Item 10. Propose speed limit review of Lake Canobolas Road near Borrodell Vine Yard

THAT the Committee advice Council take no action at this time

Item 11. Propose speed limit review along Escort Way and Borenore Road

THAT the Committee advice Council take no action at this time

Item 12. Propose speed limit review along Belgravia Road

THAT the Committee advice Council take no action at this time” (sic).

ITEM 10 - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS POLICY

REPORT IN BRIEF

Reason For Report	Councils are required to review their 'councillor expenses and facilities' policy within the first 12 months of each term of Council
Policy Implications	Will become Council's policy once adopted
Budget Implications	Subject to any changes made
IPR Linkage	4.5.1.i Policy on payments of expenses and provision of facilities for Mayors and Councillors to be adopted within 12 months of new council term
Annexures	1. DRAFT Payment of Expenses for Mayor and Councillors Policy ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\POLICY\POLICY CORRESPONDENCE - 903912

Recommendation

THAT Council:

1. Endorse the draft Payment of Expenses and Provision of Facilities for Mayor and Councillors Policy (and resolve any amendments raised on Council meeting day);

2. In accordance with the provisions of the Local Government Act 1993, advertise the intended adoption of (and any proposed changes to) the Council’s Payment of Expenses & Provision of Facilities for Mayor and Councillors Policy; and

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

Administration Manager's REPORT

In accordance with Section 252 of the Local Government Act 1993, Council is required to adopt a policy relating to the payment of expenses and provision of facilities to councillors within the first 12 months of each term of Council.

Annual Limits

The draft policy contains the following table noting that councillors’ maximum annual expense limits are global limits except where specified.

The following currently apply as monetary limits to expenses:

Expense	Mayor	Deputy Mayor	Councillors*
Expense	Maximum Annual Expense Limits ($)
Agreed training	5,000	3,000	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 – provision	65,000 (net)	Not Available	Not Available
Motor Vehicle - operations	15,000^	See Travel - Local and Out Of Area	See Travel - Local and Out Of Area
Mobile Phone	3,600	Not Available	Not Available
iPad with Internet Access plan	4GB	4GB	4GB 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

^ - denotes fuel, maintenance, etc. but not depreciation

* - Note: Global limit

Budget Allocations

Council’s finance section have advised that the budgeted current global limits were not reached in any of the categories in the 2016/17 year.

Changes

The review period has been changed in accordance with Section 252 of the Local Government Act 1993. Council is now required to review its policy within the first 12 months of each term of Council with no requirement to submit the adopted policy to the OLG. This has been changed from Council being required to review and adopt its policy annually, by 30 November each year, and submit to the OLG within 28 days of being adopted.

The Mayor’s credit card limit has been updated to $5,000 from $3,000.

The Agreed Training limits have been increased from $3,500 to $5,000 for the Mayor and from $2,500 to $3,000 for the Deputy Mayor.

The word ‘net’ has been added to the Motor Vehicle – Provision amount in the monetary limits table. The only other changes are small wording updates to related documents listed in the policy.

Submissions

In accordance with Section 253 of the Local Government Act 1993 Council must: -

1. Give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submission.

2. Before adopting or amending the policy, the Council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

3. Despite the above points (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

The term ‘substantial’ should be taken to mean major changes to wording of the policy or changes to monetary provisions or rates that are equal to or greater than 5%. It also means changes to the standard of the provision of equipment and facilities. Substantial amendments to the policy that could include larger changes to monetary limits than the limit noted above, and/or major changes to the standard of provision of equipment and facilities, will require public notice of the amendment. Any new category of expenses, facilities and equipment included in the policy will also require public notice.

A copy of the proposed draft policy will be available on Council’s website and at Council’s offices. Because of the 28 day submission phase, a further report will be provided to the May Council meeting, including any submissions received, to allow Council to adopt a final version of the Policy.

ITEM 11 - ANZAC DAY 2018

REPORT IN BRIEF

Reason For Report	For Council to nominate Councillors to attend ANZAC Day celebrations throughout Cabonne
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.f Facilitate the council's administrative aspects of ANZAC Day events and citizenship ceremonies
Annexures	1. Anzac Day Services in Cabonne 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\ANZAC DAY 2018 - 904207

Recommendation

THAT Council:

1. Authorise the Mayor, Deputy Mayor or a nominated Councillor to attend the Civic Commemoration Service in Orange on ANZAC Day 2018;

2. Nominate and authorise Councillors to represent Council at ANZAC Day services throughout Cabonne; and

3. Advise the Police that Council offers no objection to the temporary closure of streets involved, subject to compliance with local police regulations, in any of the towns and villages which are to conduct ANZAC Day marches in the Cabonne LGA.

Acting Administration Officer's REPORT

There will be 13 ANZAC Day services held in the Cabonne Local Government Area (LGA) in 2018 as listed in the attached timetable.

It is customary for Council to grant approval to the various towns and villages for such marches, subject to the organisers of the march complying with the requirements of the local police concerning traffic barricades and police participation, if necessary.

The ANZAC Day committee for the Civic Commemoration Service in Orange have invited a Council representative to attend the Dawn Service at 5.30am and the Civic Commemoration Service at 11.00am at the Cenotaph in Robertson Park. The Committee have also invited the representative to attend breakfast at Orange Ex-Services Club following the Dawn Service and the ANZAC luncheon at the Ex-Services Club from 12.30pm.

A resolution of Council is required to determine council’s representation at the Orange ANZAC Day service for 2018, and also Councillor attendance at the services in Cabonne so that payment of travel expenses can be authorised and committees can be informed.

Council’s ANZAC Day Commemorations Policy states that the Mayor will represent Council at the ANZAC Day celebrations in Orange. Should the Mayor not be available, then Council will be represented by, in descending order of preference, the Deputy Mayor or one of the Councillors.

A wreath will be provided for each ANZAC commemoration service event as per Council’s ANZAC Day Commemorations Policy.

ITEM 12 - REQUESTS FOR DONATION

REPORT IN BRIEF

Reason For Report	For Council to consider the requests received for donations
Policy Implications	Nil
Budget Implications	To be funded from existing budget allocation
IPR Linkage	4.4.1.c Provide assistance to community groups
Annexures	1. CWA Borenore - Request for donation for repairs to kitchen ⇩ 2. council memorial funding request letter ⇩ 3. AAA NAIDOC School Initiatives Proposal 2018 - NSW ⇩ 4. Paris Capell donation email ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 904341

Recommendation

THAT Council donate:

1. $500 to the Borenore CWA for repairs to the Hall kitchen.

2. Two bench seats to the value of $1600 to the Canowindra RSL Sub-branch for placement within the grounds of the Canowindra Hospital.

3. $250 to NAIDOC Week School Initiatives

4. $100 to Paris Capell to represent the electorate at the YMCA Youth Parliament.

Community Services Manager's REPORT

Borenore CWA seeks a donation from Council towards the repairs to the kitchen at the CWA Hall. Quotes received for gyprock installation and electrical work total $2,339. It is recommended that Council assist with $500.

To commemorate 100 years since the end of the First World War the Canowindra RSL Sub-branch are creating a permanent memorial within the grounds of the Canowindra Soldiers Memorial Hospital. The Sub-branch is requesting assistance from Council with the purchase of two bench style seats. It will cost Council $800 per bench seat to purchase.

NAIDOC Week School Initiatives conducts a range of activities for school children during NAIDOC week which is to be held between 8 and 15 July 2018. NAIDOC (National Aboriginal and Islanders Day Observance Committee) Week is a major event that celebrates Aboriginal culture across Australia.

The competitions have received mixed support from local schools with only four schools in Cabonne participating in 2017 with 261 entries being received. The activities available include colouring-in, short story and creative writing competitions. Entry is open to all primary and secondary school students. Local schools conduct NAIDOC week themed activities in line with the curriculum, whether or not they use the resources provided by NAIDOC Week School Initiatives. NAIDOC Week School Initiatives calculate their expenses for this local government area to be $450 to cover printing and distribution costs.

Paris Capell is a Year 12 student living at Borenore. Paris has been successful with her application to represent the electorate at the YMCA NSW Youth Parliament. Paris will attend a four-day training camp in April as well as a six day residential camp in July and has requested assistance with sponsorship to attend.

Should Council wish to make these donations there remains $3,127 in the s.356 budget for donations this financial year.

Donations so far this year are:

$200 Catering costs for Mental Health meeting at Molong

$500 Mullion Creek Public School, travel to robotics championships

$500 Orange / Cowra / Cabonne Science Hub

$484 Molong Golf Club

$500 Orange Lions Club

$1,050 Prizes for School Presentation Nights

$300 CWA Public speaking competition

$500 Yeoval Pre-school

ITEM 13 - CANOWINDRA FISH FOSSILS - DEED OF GIFT TO AUSTRALIAN MUSEUM

REPORT IN BRIEF

Reason For Report	To inform Council of the progress of negotiations with the Australian Museum about possibly transferring ownership of the Canowindra Fish Fossils.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.2.1.a Maintain current level of support to museums in Cabonne
Annexures	1. Canowindra Permanent Loan Agreement ⇩ 2. Draft Deed of Gift CC ⇩ 3. DRAFT Deed of Stakeholders CC ⇩ 4. DRAFT AOFM Collection Management Policy CC ⇩
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\MUSEUM AND GALLERIES MANAGEMENT\CANOWINDRA AGE OF FISHES MUSEUM - 904923

Recommendation

THAT Council determine not to proceed with the Deed of Gift.

Community Engagement and Development Manager's REPORT

Background

In August 2015, following a meeting between the then Deputy Premier and Council representatives the Australian Museum requested that Cabonne Council transfer the ownership of the 370 million-year-old Canowindra fish fossil slabs from Cabonne Council to the Australian Museum via a Deed of Gift.

Presently, Council is the legal owner of the stored fossil slabs. In return for an ownership transfer, the Australian Museum indicated it would be responsible for registering and digitising the fossil slabs in accordance with the International Code of Zoological Nomenclature. Subsequently, the Australian Museum forwarded a draft Deed of Gift, draft Deed of Stakeholders Agreement and draft Collection Management Policy for the fossil collection. Under the proposal, the Age of Fishes Museum and Cabonne Council would remain responsible for the management, maintenance and security of the fossils, as well as providing a suitable secure building to store them.

Following this, Cabonne Council obtained a $300,000 grant and provided a further $300,000 from its own funds to construct a fossil storage facility on the site of the Age of Fishes Museum. Tenders for the construction of this building have now been received and a separate report has been included in this business paper for Council’s consideration.

In the meantime, Council and the Australian Museum continued to negotiate a draft Deed of Gift, with a number of corrections and amendments made to the draft documents. Final draft documents were sent to Council’s solicitors for review and in April 2017 were forwarded to the Australian Museum, which referred the documents to the Crown Solicitor for advice.

Current Situation

Australian Museum Executive Director Ms Kim McKay has written to Council apologising for the delay and has provided the following correspondence:

“I regret to advise that the Crown Solicitor recommended against signing the Deeds in their current form. They raised a number of concerns in relation to the drafts, including lack of clarity as to the respective roles and responsibilities of the Board, the Manager, the Council and the Australian Museum Trust (AMT) in management of the Collection.

Most seriously, the Crown Solicitor advised that the draft Deeds prevent the AMT from exercising any of the rights of ownership; and execution of the Deeds would appear to be beyond the powers of the AMT.

The Crown Solicitor has, however, suggested an alternative and more practical solution that may suit both Council and the AMT. The Solicitor has recommended that the simplest and most effective means of proceeding would be to sign a simplified Deed of Gift donating the Collection to the AMT and the Australian Museum then provides the Collection under a standard permanent loan agreement.

The Deed of Gift and Loan Agreement have been modified to address the following matters raised by the Crown Solicitor:

1. AMT will become the legal owner of the Collection and will manage it in compliance with its legal obligations, including under the Australian Museum Trust Act 1975.

2. The Collection will remain physically located at Canowindra, in the Age of Fishes Museum and/or in other suitable storage locations in the region, under a permanent loan from the AMT to Cabonne Council. The Council will be responsible for the safe storage, security and day-to-day management of the Collection, which could be the responsibility of a museum director reporting to the board.

3. Under the permanent loan arrangement, the Council must maintain and manage the Collection in accordance with the terms and conditions of the loan, which is considerably easier than trying to align with AMT policies and procedures. No part of the Collection is to be moved, loaned or disposed of without prior written approval of the AMT.

4. The Council is responsible for the all the costs associated with storage, security, maintenance and exhibition of the Collection unless AMT expressly agrees in writing to provide in-kind or financial assistance.

5. The Council must facilitate access to the Collection and related records at the reasonable request of the AMT, including for the purpose of auditing the management and condition of the Collection and related records by the AMT, its nominee and/or the Office of the NSW Auditor General.

6. The AMT may suspend or terminate the permanent loan arrangement in certain exceptional circumstances, for example where the Collection is being treated in a way that endangers the condition, security or integrity of the collection, or where the Council is suspended, amalgamated or otherwise ceases to exist.

We would like to commence collaboration with Cabonne Council, to catalogue and digitise the specimens at the Australian Museum’s cost as soon as practicable and make the resulting 3-D images available to the Age of Fishes Museum, as well as to the Australian Museum to use and to provide both institutions with a permanent record.”

The Canowindra Permanent Loan Agreement and the original draft Deed of Gift, draft Deed of Stakeholder Agreement and draft Collection Management Policy are attached to this report as annexures.

Future Negotiations

Considering that Council would remain responsible for the safe storage, care, security, insurance (noting that council has not previously been able to obtain insurance) and day-to-day management of the fossils, Council must determine the benefit of proceeding with the donation of the Collection to the Australian Museum. The primary benefit would be the registration and digitising of the fossil slabs in accordance with the International Code of Zoological Nomenclature. Council does not have the resources to undertake this task and would have to engage suitably qualified consultants at a cost to be determined, an additional cost to council for donating the fossils. One of the key elements of Council’s negotiations with the Australian Museum has been to secure a legal undertaking that the fossils will remain in Canowindra in perpetuity.

Two points in Ms McKay’s letter regarding the Permanent Loan Agreement proposed by the Crown Solicitor could be seen as casting some doubt on this assurance.

Point 2 refers to the fossils being physically located at Canowindra, in the Age of Fishes Museum and/or in other suitable storage locations in the region.

Point 6 states the Australian Museum may suspend or terminate the permanent loan arrangement where the Collection is being treated in a way that endangers the condition, security or its integrity or where the Council is suspended, amalgamated or otherwise ceases to exist.

Council may wish to seek clarification on each of these points and, in particular, request an explanation of what is meant by “other suitable storage locations in the region” as well as a definition of “treatment that endangers the condition, security or integrity of the Collection” to ensure there is a strict set of guidelines to which each party must comply.

Council may alternatively consider the following options:

That the General Manager continue negotiations with the Australian Museum regarding the proposed Deed of Gift and loan agreement of the Canowindra Fish Fossils to the Australian Museum; OR

That Council determine not to proceed with the Deed of Gift.

ITEM 14 - EVENTS ASSISTANCE PROGRAM 2017/18

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2017/18 Events Assistance Program
Policy Implications	Nil
Budget Implications	$1,500 to be funded from 2017/18 Events Assistance Program
IPR Linkage	4.4.1.c Provide assistance to community groups
Annexures	1. 2018 Canowindra Creative Centre Markets EAP ⇩ 2. 2018 Cudal Campdraft EAP ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\EVENTS ASSISTANCE PROGRAM 2017-2018 - 904819

Recommendation

THAT Council approve funding under the 2017/2018 Events Assistance Program (EAP):

1. Canowindra Creative Centre Inc for $500

2. Cudal Camp Draft Association for $1,000

Community Engagement and Development Manager's REPORT

Council has received two applications for funding under its 2017/2018 Events Assistance Program (EAP) for events to promote Cabonne and attract visitors to experience the area. Council’s Tourism and Community Development Coordinator has provided the following assessment.

Application 1.

Organisation: Canowindra Creative Centre Inc

Event: Make, Bake or Grow It Market

Date: Friday 27 & Saturday 28 April 2018

Requested Amount: $500

To be funded: A contribution towards the marketing and promotion of this annual event.

Event Description

The Canowindra Make it, Bake it, or Grow it Market provides an opportunity for local and regional people to showcase and sell their products. The market also provides a venue for local producers and the community to come together. This event will help to increase the awareness of the resourcefulness, productivity and uniqueness of small and home based businesses in the Canowindra area. The market will be held over two days and is planned to coincide and compliment the Canowindra Balloon Challenge that takes place from 21 - 29 April 2018. The Canowindra Make it, Bake it, or Grow it Market also delivers another activity for the numerous visitors to enjoy and be exposed to local products.

The venue for the markets is the Canowindra Services Club auditorium. This site ensures that the markets will not be impacted by adverse weather changes and will go ahead as planned no matter what conditions exist outside.

The Canowindra Creative Centre represents and works with a number of local community groups, for example, the Canowindra Men’s Shed and the Canowindra & District Historical Society.

Assessment

This application meets the funding category of a core event, as the event has been held for the last two years and has future plans to continue growing by adding value and additional activities for visitors who attend the Canowindra Balloon Challenge, a significant event for Cabonne and the state. Cabonne Council’s logo appears in all printed materials and print advertising.

Application 2.

Organisation: Cudal Camp Draft Association Inc.

Event: Cudal Camp Draft

Date: Saturday 21 & Sunday 22 April 2018

Requested Amount: $2,000

To be funded: A contribution towards the marketing and promotion of this annual event

Event Description

The Cudal Camp Draft event will take place at the Cudal Showground and is organised by a local Cudal committee, titled the Cudal Camp Draft Association Inc. In previous years, the campdraft event has attracted strong community support, 200 competitors and numerous spectators, judges, stallholders and food vans from various areas within and outside the region.

The committee plans to deliver a successful event that continues to increase competitors and spectator numbers and in turn help to improve and strengthen the community spirit and advance local facilities. Photos from the Campdraft event will be placed in the Australian Campdraft monthly magazine (ABCRA) which is distributed throughout Australia. Other community groups involved in the event include the Cudal Children’s Centre and the Manildra P&C.

The 2017 Cudal Campdraft event was recognised as a success, attracting 200 competitors along with numerous supporting families and spectators. The visitors to Cudal helped to increase spend in the village and raise the profile of Cabonne’s unique villages.

Cabonne Council will be recognised as a sponsor in the following ways:

· Promoted over the PA system

· Listed in the ABCRA magazine

· Banners displayed during the event

· Promoted in print material

Assessment

This application meets Cabonne’s event funding program objectives of a core event that will help to promote the village of Cudal and Cabonne shire and in turn support many of the local businesses.

Events Assistance Program Expenditure to date:

EAP Funding Allocation 2017/2018	$50,900

25 July Orange Wine Festival 13 – 22 October 2017	$5,000
25 July Canowindra Balloon Challenge 2018	$20,000
25 July Yeoval District Ass. Back to Yeoval Weekend 28 -30 July	$600
25 July Canowindra Fine Music Weekend	$1,500
25 July MADIA Christmas Party	$1,000
26 September Australian National Field Days 26 – 28 October	$1,000
26 September Cargo Twilight Markets	$500
24 October Banjo Paterson Australian Poetry Festival	$2,000
24 October Canowindra Domestic Violence White Ribbon March	$500
28 November Taste@Barangaroo	$1,000
12 December FOOD WEEK 2018	$5,000
27 February Cumnock Show Society - Long White Lunch	$1,000
27 February Molong Advancement Group - Molong Markets	$500


Total Expenditure	$39,600
Remaining Funds	$11,300

ITEM 15 - PARTICIPATION IN A REGIONAL PROCUREMENT PROCESS FOR SEWER REHABILITATION (PIPE RELINING)

REPORT IN BRIEF

Reason For Report	This report seeks Council’s resolve to participate in a regional procurement process for sewer rehabilitation (pipe relining) through Centroc Water Utilities Alliance (CWUA) and Centroc’s Compliance and Cost Savings Program.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.1.1.a Implement and amend Best Practice for Water Supply within Cabonne water operations
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC 2018 - 903105

Recommendation

THAT Council agree to participate in a regional contract for sewer rehabilitation (pipe relining), and advise Centroc of its decision.

Director of Engineering & Technical Services' REPORT

Précis

Council participated in Centroc’s regional contract for sewer rehabilitation (pipe relining) in 2013 and Council’s continued support is requested for the next contract which is expected to commence on 1 July 2018.

The following report provides more background advice regarding both Centroc’s Compliance and Cost Savings Program and the regional procurement for sewer rehabilitation (pipe relining).

Background on developing a regional contract for Sewer Rehabilitation (Pipe Relining)

The Centroc Water Utilities Alliance (CWUA) first decided to do a regional contract for sewer rehabilitation (pipe relining) in 2013 through grant funding under the Community Energy Efficiency Program (CEEP). The work under that contract has completed and the CWUA has requested Centroc conduct a procurement process for members for a new contract to commence on 1 July 2018 for a period of 2 years (with the option of a 12-month extension).

The following table shows the interest received from Centroc member councils, indicating their estimated spend under the contract for a 2-year period.

Council	Estimated spend over a 2-year contract
Bathurst	$200,000
Blayney	$200,000
Cabonne	$200,000
Cowra	$660,000
CTW	N/A
Forbes	$1,500,000
Hilltops	TBA
Lachlan	$400,000
Lithgow	$750,000
Oberon	TBA
Orange	$1,400,000
Parkes	$1,400,000
Upper Lachlan	$300,000
Weddin	$200,000
TOTAL	$7,210,000

At its meeting on 13 December, the CWUA resolved to undertake a regional procurement process for (sewer rehabilitation) pipe relining. The Centroc Executive has subsequently approved a regional procurement for sewer rehabilitation (pipe relining).

Should Council agree to participate in a regional contract, Centroc will put out an RFT (Request for Tender) and proceed to a contract.

Advice regarding service and pricing under a regional contract will be provided to members.

Benefits of a regional approach include:

· cost savings to members through bulk procurement;

· time saved by member Council staff though centralised coordination and

· income stream to Centroc from the Contractor with a view to reducing fees

Council contribution

Centroc manages the process including all costs of advertising and tender assessment and takes a management fee from the supplier to cover these costs which council is not responsible for. The management fee for this contract will be 1% which is based on the anticipated spend over the life of the contract.

Council should also consider further participation with the contract.

Benefits

If Council was to participate in Centroc’s regional contract for sewer rehabilitation (pipe relining), benefits of the larger buying power of multiple councils will be seen in the purchase of these services.

ITEM 16 - CLOSED CIRCUIT TELEVISION FOR PUBLIC PLACES AT MOLONG AND CANOWINDRA

REPORT IN BRIEF

Reason For Report	For council to determine the need for closed circuit television in public places in Molong and Canowindra
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	6.1.1.a Item without specific IPR action
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\SECURITY\ELECTRONIC SECURITY SYSTEM - 904828

Recommendation

THAT Council determine whether to form a working-party of appropriate stakeholders be formed to undertake a detailed assessment and address the necessary criteria to determine the future of the project.

Director of Engineering & Technical Services' REPORT

At the December 2017, council requested that a report be submitted to investigate the installation and implementation of Closed Circuit Television (CCTV) at Molong and Canowindra. CCTV in public places needs to balance the need for public safety against the right of privacy for members of the public. The CCTV scheme needs to be operated with respect for people’s privacy and their right to conduct or engage in lawful activities.

The NSW Government Policy Statement and Guidelines for the Establishment and Implementation of Closed Circuit Television in Public Places outlines nine principles that include issues relating to privacy, fairness, public confidence and support, managerial efficiency and effectiveness and police involvement in public area CCTV.

These nine principles are listed below and are essential for the establishment and implementation of CCTV.

· The Ownership of Schemes and Accompanying Responsibilities

Principle: The ownership of public area CCTV schemes must be clear and publicly known and ensure appropriate public accountability.

· Community Consultation

Principle: When considering setting up or significantly expanding a public area CCTV scheme, the relevant concerns of all parties potentially affected by the scheme should be taken into account through an effective community consultation strategy. Consultation will help to ensure that schemes meet local needs and circumstances, and that the operation of the scheme has the support of those affected by it.

· Setting Clear Objectives

Principle: Clear scheme objectives should be set to guide the design, implementation, management and outcomes of public area CCTV. A clear statement of objectives will provide a basis for effective monitoring and evaluation of the scheme, and help to ensure that the use of CCTV is consistent with overall crime prevention objectives.

· Integrated Approaches to Crime Prevention

Principle: The implementation of CCTV should be part of an integrated multi-agency approach to crime control and community safety

· Police Involvement in Public Area CCTV Schemes

Principle: While the NSW Police Force should not fund or operate public area CCTV schemes, it should be closely involved in the assessment and planning phase, including risk analysis and evaluation. The Standard Operating Procedures for the scheme should incorporate protocols covering communication and liaison between the scheme operators and the police.

· Managing and Operating Schemes

Principle: Schemes should be open and accountable and operate with due regard for the privacy and civil rights of individuals and the community.

· Evaluation

Principle: Effective evaluation of schemes is essential in order to identify whether their formal objectives are being achieved. Evaluation frameworks should be developed at the planning stages of the scheme.

· Complaints

Principle: Publicly accountable, impartial and fair schemes should have procedures for dealing with complaints.

· Monitoring and Auditing

Principle: Audit is needed to provide an account of the operation of a scheme, by testing its compliance against relevant policy, legislation and procedures, and to be used as the basis of recommendations for improved practice.

Establishing and operating a CCTV system can be complex, time consuming and costly, therefore it is necessary that appropriate policies and procedures are in place to ensure that the CCTV system operates efficiently and effectively once it is installed.

A Quadruple Bottom Line Analysis

	Positive	Negative
Social	Improved perception of the publics feeling of safety and security.	If not monitored properly CCTV may not prevent crime. Concerns associated with privacy.
Environmental	Not Applicable	Not Applicable
Economic	Very effective in protecting, solving crime and assist with prosecutions and may reduce costs for business.	If not monitored appropriately CCTV will not prevent crime and there may be no reduction in costs to business.
Governance	Implementation in accordance with NSW Guidelines for the Establishment and Implementation of Closed Circuit Television (CCTV) in Public Places.	Ongoing operational, maintenance and replacement costs.

It must be recognised that ownership of CCTV brings with it accountability, responsibility for securing funding, responsibility to consult with and inform the community as interested parties, and responsibility for design, management, running costs, evaluation and audit activities. These are at a cost of between $49,000 to $64,000 per unit.

The implementation of a Closed Circuit Television scheme is a complex and expensive project. In order to advance the project, and determine its viability, a working-party of appropriate stakeholders would need to be formed to undertake a detailed assessment and address the necessary criteria to determine the future of the project.

ITEM 17 - REQUEST FOR DONATION EQUIVALENT TO DEVELOPMENT APPLICATION FEES PAID - FRIENDS OF THE ORANGE REGIONAL GALLERY - SCULPTURE EXHIBITION AT 909 CADIA ROAD, SPRINGSIDE.

REPORT IN BRIEF

Reason For Report	To obtain council determination of the request for a donation.
Policy Implications	Request is not within the standard provisions of council's Donations Policy
Budget Implications	Request for donation of $285 from s356 fund
IPR Linkage	4.5.1.c Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2018\03-2018-0091 - 903740

Recommendation

THAT the council determine its level of support for the request to donate $285, being the amount equivalent to the payment of fees paid to lodge a development application for a sculpture garden fund raising event by the Friends of the Orange Regional Gallery.

Director of Environmental Services' REPORT

Council has received a request from Mr B & Mrs E Fisher on behalf of the Friends of the Orange Regional Gallery, seeking a donation from Cabonne Council of $285, being equivalent to the standard development application fee paid upon lodgement of DA 2018/091 for approval to host a temporary event (community fundraising event – sculptures in an Orange garden).

It is proposed to host a sculpture exhibition over a two day period (weekend) from 14 – 15 April 2018. To be held in conjunction with FOOD Week, the exhibition of regional art and sculptures is to provide a fund raising event for the Orange Regional Gallery to assist in purchasing new art works for the gallery.

The event is to be hosted at ‘Rosemont’, 909 Cadia Road, Springside. Development Consent for the temporary event was issued under council’s delegated authority on 27 February 2018.

Council’s Donation Policy states that ccouncil will provide assistance by way of donations in the following categories:

1. donations and sponsorships in response to applications assessed to be of benefit to the wider community

2. donations equivalent to General Rate / Water / Sewer charges and reimbursement of some service charges

3. donations equivalent to refunds of Development Application (DA) fees

4. Men’s Sheds – donations of cash and or services

5. Progress Associations – donation of room hire for meetings

With regard to the category of donations relating to Development Applications, the policy further states:

‘Council will donate an amount equal to refunding the actual amounts paid as Council DA fees and charges, as defined, in instances relating to Council owned / controlled or Crown Land where the improvement would become a Council Asset.

Any requests for a refund/donation of DA fees by Not-For-Profit/Community Organisations will be submitted for consideration by Council with the amount to be refunded / donated to be determined on a case by case basis.

For clarity it is noted the following fees are not eligible for donation: statutory fees such as long service levy, advertising, planning reform (plan first levy) and other fees which may be charged including inspections, occupation certificate, subdivision, subdivision certificates, integrated development and principal certifying authority.

All fees associated with development applications, construction certificate applications and complying development applications are to be paid with the application. Requests for a refund of DA fees are to be made in writing on the prescribed form, stating the grounds or reasons justifying why Council should donate an amount equal to the relevant fees.

Fees to be donated back to the applicant will only be donated after determination of the relevant application.

Council staff may process any such requests within the limits of the policy. Any requests exceeding the policy are to be reported to Council for consideration.’

As the development application is for a temporary event (sculpture garden fund raising event), situated upon private land, for the benefit of the Orange Regional Museum, the application is referred to council for determination.

ITEM 18 - 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	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888667

Recommendation

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

General 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.

ITEM 19 - 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
IPR Linkage	4.5.1.g - Code of Meeting Practice adopted and implemented.
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888669

Recommendation

THAT:

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

2. The balance of the items be noted.

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.

ITEM 20 - MATTERS OF URGENCY

REPORT IN BRIEF

Reason For Report	Enabling matters of urgency to be called.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\NOTICES - MEETINGS - 888671

Recommendation

THAT Councillors call any matters of urgency.

General Manager's REPORT

Council’s Code of Meeting Practice allows for the Council to consider matters of urgency which are defined as “any matter which requires a decision prior to the next meeting or a matter which has arisen which needs to be brought to Council’s attention without delay such as natural disasters, states of emergency, or urgent deadlines that must be met”.

This item enables councillors to raise any item that meets this definition.

ITEM 21 - COMMITTEE OF THE WHOLE SECTION OF THE MEETING

REPORT IN BRIEF

Reason For Report	Enabling reports to be considered in Committee of the Whole.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.g. Code of Meeting Practice adhered to
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\PROCEDURES - 888675

Recommendation

THAT Council hereby resolve itself into Committee of the Whole to discuss matters called earlier in the meeting.

General Manager's REPORT

This item enables councillors to go into “committee of the whole” to discuss items called earlier in the meeting.

Item 13 Ordinary Meeting 27 March 2018

Item 13 - Annexure 1

PERMANENT LOAN AGREEMENT: CANOWINDRA FISH FOSSILS

FOR THE PERMNANENT LOAN OF OBJECTS

from

THE AUSTRALIAN MUSEUM

CABONNE SHIRE COUNCIL

The Australian Museum (“the Museum”) is a New South Wales statutory corporation, established by the Australian Museum Trust Act 1975.

The Museum’s vision is to make nature, Indigenous cultures and science accessible and relevant.

Date of Agreement: XX OCTOBER 2017

KEY TERMS

1. Recipient (include full name, address, telephone number – including an emergency contact number – email address and any ABN/ACN)	Cabonne Shire Council (ABN) PO Box 17 101 Bank Street Molong NSW 2866: Contact Officer primary contact details: Dale Jones Communications and Media Officer Dale.Jones@cabonne.nsw.gov.au Telephone (02) 6392 3266
2. Museum	Australian Museum Trust 1 William St Sydney NSW 2010 Tel: 61 2 9298 3777 Contact Officer primary contact details: Cameron Slatyer Branch Manager, Life and Geosciences Cameron.slatyer@austmus.gov.au Telephone (02) 9320 6221
3. Object/s	Canowindra fish fossil slabs (As further described in Schedule 1)
4. Purpose of Loan	Display at Canowindra Age of Fishes Museum Cnr Gaskill St & Ferguson St Canowindra NSW 2804 Tel: 02 6344 1008 Fax: 02 6344 2450 Email: info@ageoffishes.org.au Storage at the Storage Facility at the same address (current temporary storage at Canowindra Show ground)
5. Place within Museum where Object/s will principally be held while on Loan	As above
6. Loan Period	This loan is a permanent loan subject to the conditions herein The loan shall be reviewed (subject to mutual agreement by both parties) every five years. The loan will be extended automatically by exchange of correspondence. [CS1]
7. Insurance	The Australian Museum is responsible for insuring the collection as part of its permanent collection. Cabonne Council is responsible for insurance of the facilities and grounds which house the collection.
8. Collection Address	Cnr Gaskill St & Ferguson St Canowindra NSW 2804
9. Shipping and packing instructions	N/A
10. Return Address	The Australian Museum 1 William St Sydney NSW 2010
11. Condition Reports (tick or cross all that apply)	N/A
12. Controls	Specimens are to be managed consistent with the Terms and Conditions at Schedule 2 Specimens may not be moved, loaned or sold without the written permission of the Curator, Palaeontology, Australian Museum acting under the authority of the Australian Museum Trust In the unforeseen event that the Recipient is unable to house the specimens described in Schedule 1, the Recipient will arrange with the Museum to return the fossils.
13. Name and contact details for creator of Object/s (if known)	N/A
14. Name and contact details for owner of any copyright in the Object/s (if known)	The Australian Museum
15. Does the Object/s contain any confidential or culturally sensitive material?	o Yes (See Schedule 1 for details) X No
16. Credit Line	N/A
17. Special Conditions	The Australian Museum and Cabonne Shire Council agree that the fossils listed in Schedule 1 will be permanently housed in Canowindra. Individual specimens may be loaned for research and display purposes by mutual agreement and at the written permission of the Curator, Palaeontology, Australian Museum

MUSEUMS USE ONLY:

Loan Type:	Permanent loan
Object number/s:	Listed in Schedule 1

DATE:

BETWEEN: The Recipient (“Recipient”, whose details appear in Item 1 of the Key Terms)

AND The Museum (“Museum”, whose details appear in Item 2 of the Key Terms).

BACKGROUND

The Museum and the Recipient wish to arrange a loan of the object or objects specified in Item 3 of the Key Terms (jointly and severally referred to as the “Object” or “Objects”) for the Purpose set out in Item 4 of the Key Terms, on the terms and conditions set out in this Agreement.

STANDARD TERMS

1. Loan of the Object

1.1 The Museum agrees to lend the Objects to the Recipient for the Purpose (“the Loan”).

1.2 While the Objects are on loan to the Recipient, it will principally be held by the Museum in the place described in Item 5 of the Key Terms.

2. The Museum’s Warranties

2.1 The Museum warrants that:

(a) it has authority to lend the Objects to the Museum;

(b) no other person’s consent or permission is required to make this loan;

(d) to the best of the Museum’s knowledge:

(i) if the Objects have been exported from any country, that export conformed with the laws of such country and (if the Objects are already in Australia) importation into Australia conformed with Australian law; and

(ii) all statements of fact in this Agreement are true and accurate;

(e) the Museum

(i) has received no notice of any claim that may affect any of the promises and warranties the Museum makes in this Agreement;

(ii) knows of no adverse claim relevant to ownership of the Object;

(iii) is not aware of any circumstances that may form the basis of any adverse claim;

(iv) has provided or, if further requested, will provide to the Recipient all information relevant to the provenance of the Object;

and

(f) the Objects are free and clear of all encumbrances and restrictions.

3. Loan Period

3.1 The Loan Period (as set out in Item 6 of the Key Terms) begins when the Recipient takes possession or control of the Object, and ends when the Objects are returned to possession or control of the Museum, as set out in clause 8 of this Agreement.

3.2 Any change to the Loan Period not otherwise contemplated in this Agreement must be in writing and signed by both parties.

4. Care and liability

4.1 While the Objects are in its possession or control, the Recipient:

(a) will take care of the Objects in accordance with the professional standards appropriate to works of that medium, condition and value and in accordance with any specific provisions of this Agreement;

(b) having regard to the nature of the Object, and the materials from which it is constructed, will not do or permit anything which may endanger the safety of the Objects or the preservation of their quality, or which may cause any damage or deterioration to the Object.

(d) unless otherwise clear from Item 5 of the Key Terms, will not display the Objects outdoors or in a place open to the elements.

4.2 Notwithstanding clause 4.1:

(a) the Recipient will have no liability to the Museum in respect of any loss or damage that occurs to the Objects as a result of:

(i) natural deterioration; or

(ii) compliance with the Museum’s instructions; and

(b) if the Recipient is concerned that the Objects may be suffering from infestation or deterioration of any kind:

(i) the Recipient will:

(A) take whatever immediate steps appear necessary to protect the Object, or any people or property; and

(B) immediately notify the Museum;

and

(ii) the parties will co-operate in good faith, including to ensure the long-term integrity of the Object.

5. Treatment of the Object

5.1 While the Objects are its possession or control, the Recipient must not, without first obtaining the Museum’s written permission:

(a) reframe or remount the Objects;

(b) renumber or tamper with the Museum’s registration numbers;

(d) transport the Objects in a damaged condition;

(e) do anything else to the Objects that may compromise its integrity; or

(f) permit any third party to do any of the above.

5.2 If the Purpose of the Loan includes public exhibition, the Recipient will follow all instructions relating to fixing and exhibition of the Objects supplied by the Museum.

6. Withdrawal

6.1 The purpose of the Loan includes public exhibition. Therefore:

(a) the Recipient reserves the right, in its sole discretion:

(i) not to display the Objects; and

(ii) to withdraw the Objects from exhibition at any time; and

(b) if the Objects are withdrawn from exhibition by the Recipient (other than temporarily), the Objects will be returned to the storage specified in Item 4 of Key Terms of this Agreement, otherwise provisions of clause 8 of this Agreement relating to return of the Objects will apply from the date the Objects are withdrawn.

6.2 The intent of this Agreement is to ensure the Canowindra fish fossils remain permanently on display and stored in Canowindra. The Museum may not recall or withdraw the Objects during the Loan Period unless:

(a) the Museum has formed the reasonable view that:

(i) the Objects are endangered; or

(ii) the Objects can no longer be housed securely in Canowindra.

and

(b) the Museum has given the Recipient reasonable written notice to remedy the specified problem; and

7. Insurance:

7.1 Unless Item 7 of the Key Terms provides to the contrary, the Museum will insure the Objects against all risks and “wall to wall”.

7.2 Any obligation on the Museum to insure the Objects are subject to any exclusions in its insurance policy.

7.3 The party responsible for the insurance of the Objects under this Agreement will:

(a) on request, provide the other party with a certificate of insurance; and

(b) notify the other party of any impending cancellation of the policy or of any changes in the policy at least 20 days in advance of any such cancellation or change.

7.4 If the Loan Period is greater than 12 months, either party may, after 12 months, request a review of the Agreed Value. If the Recipient requests such a review, it will pay the associated costs.

7.5 If the Objects are lost or damaged, the liability of the Museum to the Recipient will not exceed the amount actually recovered under its insurance policy.

8. Collection and return of the Objects

8.1 Both parties note that the Objects are currently stored and displayed at Canowindra.

8.2 The return of the Objects will take place as soon as practicable after the Purpose has been fulfilled or where the terms of this Agreement (the safe and secure storage of the Objects at Canowindra) cannot be met.

8.3 If the Museum wants to have the Objects returned to an address that is different to the Return Address, then:

(a) the Museum must, within a reasonable time before the Objects is to be returned, notify the Recipient in writing of the new return address (“the New Return Address”); and

(b) The Museum will organise the return, but the Recipient will be responsible for any additional costs incurred in returning the Objects to the New Return Address.

9. Reporting

9.1 Both Parties acknowledge their separate reporting requirements.

9.2 The Recipient agrees to give access to all areas containing Objects covered by this Agreement following a written request from the Museum provided in reasonable time before the visit. The purpose of this visit may include:

(a) Auditing and condition purposes;

(b) Security arrangements; and

9.3 The Museum agrees to provide copies of any report arising from such a visit.

9.4 Where a party prepares a Condition Report prior to collection or return of the Objects:

(a) the other party (“the Receiving Party”) will, as soon as practicable after it takes possession or control of the Objects, check the condition of the Objects against the Condition Report and, if there is any discrepancy:

(i) the Receiving Party will:

(A) notify the other party;

(B) notify any carrier;

(C) retain all packing materials until the carrier and the other party have a reasonable opportunity to inspect the Objects, the materials and the damage; and

(ii) the Museum will notify its insurer.

10. Controls and Procedures

10.1 The Museum will maintain the controls and follow the procedures described in Item 12 of the Key Terms (“the Controls”).

11. Damage to the Objects

11.1 If the Objects are damaged or its condition changes while it is in its possession or control, the Recipient will:

(a) take whatever immediate steps are necessary to prevent any further damage or change of condition;

(b) notify the Museum as soon as practicable;

(d) undertake photographic documentation of the Objects (if possible, before the Objects are moved);

(e) follow the Museums written directions and instructions;

(f) if requested, provide the Museum with a detailed written report (including the circumstances of any incident and photographic documentation); and

11.2 The Museum will notify its insurer when damage is reported.

12. Reproduction and communication

12.1 Subject to the rights of any persons or entities identified in Item 13 and Item 14 of the Key Terms, the Museum authorises the Recipient to do all and any of the following:

(a) reproduce and communicate the Objects and images of the Objects (with acknowledgement of the Museum as the owner of the Objects):

(i) in any catalogue or other publication or communication relating to the Purpose;

(ii) for the Recipient’s publicity purposes, educational purposes, conservation and archival purposes; and

(iii) in the Recipient’s annual reports; and

(b) overlay, juxtapose, or use details of any reproduction and/or communication for such purposes.

12.2 The permissions and consents granted in clause 12.1 are subject to:

(a) the Recipient obtaining any necessary third party copyright or moral rights permissions and/or consents; and

(b) any obligations of confidentiality (as set out in Item 15 of the Key Terms).

12.3 The rights granted under this clause 12 apply to both online and off-line use of images of the Objects.

12.4 The Museum warrants that it is entitled to grant the permissions and consents set out in clause 12.1.

12.5 The Museum acknowledges that the Recipient may be unable, as a matter of practice, to prevent visitors taking photographs and will not hold the Recipient liable for unauthorised photography of filming of the Objects by visitors to the Recipient.

12.6 Except as allowed under either this clause 12 or the Copyright Act 1968 (Cth), the Recipient will not authorise any reproduction, adaptation or communication of the Objects without the prior written permission of the Museum and that of any necessary third party.

13. Indemnity

13.1 Each party indemnifies the other (including its directors, officers, employees and agents) against all actions, claims, suits, demands, liabilities, losses, damages and costs (including all legal costs on a solicitor-client basis) directly or indirectly arising out of, relating to or in any way connected with any breach of this Agreement by it or of any of its promises and warranties in this Agreement.

14. Disputes

14.1 If any dispute arises between the parties in relation to any issue arising out of this Agreement then the parties will make reasonable efforts to resolve the dispute by good faith negotiation.

14.2 If good faith negotiation envisaged under clause 16.1 is not successful after 21 days of the dispute arising:

(a) the parties will each appoint a representative (“the Representative”), not being a legal practitioner representing a party; and

(b) the Representatives will meet and in good faith use his or her best efforts to resolve the issues.

14.3 If the good faith efforts envisaged under clause 16.2 are unable to resolve the dispute within a further 30 days from the Representatives being appointed, or if one party fails to appoint a Representative:

(a) either party may submit the dispute to mediation in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of Australia; and

(b) if the parties are unable to agree on a mediator, the mediator will be appointed by the President of the Law Society of New South Wales.

14.4 If the mediation referral envisaged under clause 16.3 is not successful after 30 days from submission of the dispute, either party may refer the dispute to arbitration in accordance with the provisions of the Commercial Arbitration Act 2010 (NSW).

15. Force Majeure

15.1 Despite any other provision of this Agreement, no party need act if it is impossible to act due to any cause beyond its control (including war, riot, natural disaster, labour dispute, or law taking effect after the date of this Agreement). The non-performing party agrees to notify the other party promptly after it determines that it is unable to act.

15.2 No party has responsibility or liability for any loss or expense suffered or incurred by the other party as a result of its not acting for so long as the impossibility under clause 17.1 continues. However, the non-performing party agrees to make reasonable efforts to avoid or remove the cause of non-performance and agrees to continue performance under this Agreement promptly when the causes are removed.

16. Costs

16.1 Except as otherwise set out in this Agreement, all costs associated with the Loan will be met by the Recipient.

16.2 Each party will pay its own costs relating to this Agreement.

17. Confidentiality

17.1 The parties may only use or divulge the other's Confidential Information to the extent necessary for the purposes of performing this Agreement or seeking professional legal or accounting advice (but only in circumstances where the recipient is bound by similar obligations of confidentiality). The parties must otherwise keep the other's Confidential Information confidential and secure.

17.2 "Confidential Information" means all information relating to the business of a party or its officers, employees, agents or contractors which may be disclosed to, or learnt by the other party (whether before or after the execution of this Agreement) and which is by its nature confidential, is treated, or has been identified, as confidential, or would reasonably be regarded as confidential, and specifically includes the information set out in Item 7 and Item 12 of the Key Terms.

17.3 Confidential Information does not include information that is generally available to the public or has been independently acquired provided that neither occurred as a result of a breach of confidence.

18. Applicable Law

18.1 This Agreement is governed by, and must be construed in accordance with, the laws of New South Wales, and the parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales with respect to any legal action, suit or proceeding or any other matter arising out of or in connection with this Agreement.

19. Entire Agreement

19.1 Subject to clause 21.2, this Agreement constitutes the entire agreement, understanding and arrangement between the parties in respect of the matters contained in this Agreement, to the exclusion of all other agreements, arrangements, understandings or representations, whether express or implied, and therefore supersedes any prior agreements, arrangements, understandings and representations between the parties in respect of such matters of any nature.

19.2 If the parties agree to vary the terms of this Agreement they must enter a Variation Agreement.

20. Waiver

20.1 No delay, failure or forbearance by a party to exercise (in whole or in part) any right, power or remedy under, or in connection with this Agreement will operate as a waiver of such right, power or remedy, nor will any single or partial exercise of any such right, power or remedy preclude any other or future exercise of the same, or any other right, power or remedy under this Agreement.

20.2 A waiver of any breach of this Agreement is not effective unless that waiver is in writing and is signed by the party against whom that waiver is claimed. A waiver of any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

21. General

21.1 Neither party may assign either this Agreement or any benefit under this Agreement without the written consent of the other party.

21.2 This Agreement may be executed by electronic communications and in any number of counterparts (including copies, facsimile copies and scanned email copies) each of which is to be deemed to be an original, but all of which together will constitute one instrument.

21.3 If there is any inconsistency in the terms of this Agreement between the numbered clauses of this Agreement and any numbered item in the Key Terms – including the numbered item relating to “Special Conditions” – the numbered item in the Key Terms (and including any schedule or attachment referred to in that numbered item) prevails.

21.4 Rights and obligations in this Agreement that are intended or stated to survive termination or expiration include those relating to warranties and indemnities, dispute resolution and confidentiality.

21.5 Any payments to be made under this Agreement are to be paid in Australian dollars.

22. Definitions

22.1 “Agreement” means this document, including the Key Terms and any schedule or annexure.

22.2 “Communicate” means “communicate to the public”, as that phrase is understood under the Copyright Act 1968 (Cth).

22.3 “Key Terms” means the Key Terms attached to and forming part of this Agreement.

22.4 References to a party include the agents, administrators, executors and permitted assigns of that party.

Read, understood and agreed on: (date of signing to be inserted)

SIGNED by or on behalf of the Recipient:	Signature: _________________________________

	Name: _________________________________ who hereby also warrants that he/she is fully authorised to enter this Agreement
	Position: _________________________________
SIGNED by or on behalf of the Australian Museum Trust:	Signature: _________________________________ who hereby also warrants that he/she is fully authorised to enter this Agreement
	Name: _________________________________
	Position:

SCHEDULE 1: OBJECT DETAILS

List of Canowindra Fish Fossil Specimens (based on Deed of Gift)

SCHEDULE 2: CONTROLS

Terms and Conditions of Loan

Item 13 Ordinary Meeting 27 March 2018

Item 13 - Annexure 3

Age of Fishes Stakeholders Deed

Cabonne Council

The Australian Museum Trust

DRAFT VERSION 6^th April 2017

Age of Fishes Stakeholders Deed

DATE <insert date signed here>

PARTIES

Cabonne Shire Council, established pursuant to the Local Government Act 1993, responsible for Cabonne local government area, which includes Canowindra and the Canowindra fossil fish site on Gooloogong Road (the "Council")

The Australian Museum Trust established pursuant to the Act (the "Trust")

RECITALS

A. The Collection is located at the Museum and the Canowindra Showground.

B. Council is the owner of the Museum.

C. Council has agreed to give the Collection to the Trust under the Deed of Gift.

D. The parties have agreed that the Collection will be managed in accordance with the terms and conditions set out in this document.

E. The parties will ensure that they carry out their respective obligations to ensure the success of the Collection as a major educational and tourist resource for Council, New South Wales and Australia.

F. The parties will ensure the long-term security of the Collection.

OPERATIVE PROVISIONS

1. INTERPRETATION

1.1 Definitions

The following definitions apply in this document.

"Act" means the Australian Museum Trust Act 1975.

"Board" means the Board constituted in accordance with clause 5.1.

"Collection" means the collection of fossils specimens itemised in the Annexure of the Deed of Gift.

"Deed of Gift" means the deed of gift between the Trust and Council dated on or about the date of this document in which Council agrees to give the Collection to the Trust.

"Intellectual Property" means all trademarks, trade names, copyright, patents, registered designs, confidential information, trade secrets and knowhow and other intellectual property rights in relation to the Collection and the Board.

"Manager" means the person appointed under clause 8.1 to be responsible for the management of the Collection.

"Museum" means the buildings to house the Collection in Canowindra located at premises known as the Ages of Fishes Museum, Gaskill Street, Canowindra.

1.2 Rules for interpreting this document

Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this document, except where the context makes it clear that a rule is not intended to apply.

(a) A reference to:

(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(ii) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;

(iii) a party to this document or to any other document or agreement includes a permitted substitute or a permitted assign of that party;

(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and, except in relation to any executor, administrator or successor in law of the person; and

(v) anything (including a right, obligation or concept) includes each part of it.

(b) A singular word includes the plural, and vice versa.

(d) If a word is defined, another part of speech has a corresponding meaning.

(e) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

(f) Any reference to any organisations, associations, societies, groups or bodies shall, if they cease to exist or are reconstituted, renamed or replaced or if the powers or functions of any of them are transferred to any other entity, body or group, refer respectively to any such entity, body or group, established or constituted in lieu thereof or succeeding to similar powers or functions.

1.3 Multiple parties

If a party to this document is made up of more than one person, or a term is used in this document to refer to more than one party:

(a) an obligation of those persons is joint and several;

(b) a right of those persons is held by each of them severally; and

(c) any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.

2. OBJECTIVES

2.1 Intention of the parties

The intent of the parties in entering into this document is to use their reasonable endeavours to ensure:

(a) that the Collection is promoted and managed in accordance with this document; and

(b) the success of the Collection as a major educational and tourist resource for Council, New South Wales and Australia.

2.2 General objectives for the Collection

The parties acknowledge that the objectives for the Collection include:

(a) ensuring the long-term security of the Collection; and

(b) assisting the Museum in the promotion, display, research and interpretation of the Collection.

2.3 Duty to co-operate

(a) To the extent permitted by law, the parties must, in performing their obligations under this document, in all things act honestly and fairly and co-operate with each other for the purpose of achieving the intent of the parties stipulated in clause 2.1, the objectives in clause 2.2 and the contractual result.

(b) To the extent possible, each party must do all things it reasonably can do to ensure that any third persons in relation to whom that party has authority or a contractual right to request or direct, cooperate with and do not impede the parties in carrying out their obligations pursuant to this document.

3. CONDITION PRECEDENT

The obligations of the parties are conditional on execution of the Deed of Gift by the Trust and Council.

4. THE BOARD

5.1 Composition of the Board

The parties agree to constitute a Board to comprise the following members:

(a) a Councillor of Council;

(b) the General Manager of Council or his/her delegate;

(c) five community representatives appointed by Council who must be permanent residents of the Cabonne local government area;

(d) a representative of the Trust; and

(e) the Manager.

5.2 Functions of the Board

The Board must, in relation to the Collection:

(a) oversee and carry out its day to day management and administration;

(b) implement fund-raising strategies;

(d) co-operate with any Manager appointed by Council as may be necessary;

(e) manage the Friends of Fossils programme;

(f) oversee promotion and marketing;

(g) develop links with the community; and

(h) develop educational programs with the Trust;

(i) collaborate with Council and the Trust in the storage and display of the Collection in the Museum;

(j) manage and maintain the storage, display and other internal fittings;

(k) maintain the integrity of the Collection;

(l) set broad strategy;

(m) deal with funding issues; and

(n) cause to be prepared and approve a budget for the management of the Collection.

6. COUNCIL’S OBLIGATIONS

6.1 General

To the extent permitted by law, the Council must:

(a) contribute to the maintenance and insurance costs of the buildings which comprise the Museum. ;[RJ2]

(b) where appropriate and/or available, make all reasonable attempts to procure grants for the purpose of funding / upgrading suitable storage facilities for the Canowindra Fish Fossils (Purpose);

(c) should the funding in paragraph (b) be secured by Council within two (2) years from the date of this document, to provide matching dollar for dollar funding (to a maximum of $300,000) for the Purpose;

(d) manage and maintain the structures and buildings comprising the Museum and where Council resolves accordingly, make provision for capital works and expenditure to ensure the longer term accommodation of the Collection;

(e) support the Board in bids to improve storage and presentation of the Collection; and

(f) assist in marketing the Collection as a tourist attraction within Council’s budgetary constraints.

6.2. Standard of care of management

(a) Council, with assistance from the Board must:

(i) efficiently manage the Collection in accordance with the Collection Management Policy (see clause 8.3) ; and

(ii) use professional skill, care and diligence in exercising their obligations of management.

(b) Council must use its best endeavours to ensure that any contractor or subcontractor appointed by it to provide any services in relation to the Collection performs these with the professional skill, care and diligence expected of a professional consultant experienced in the area of the curation of minerals and fossils, and that it is adequately insured in relation to any loss caused by that contractor or subcontractor.

6.3 Representations and warranties

(a) The parties acknowledge that each has entered into this document relying on the other’s representations and warranties that they possess the particular skill, experience and ability to carry out their respective obligations.

(b) Nothing in this document fetters any discretion which by law the Council is required as a local government authority to exercise.

7. RIGHTS AND OBLIGATIONS OF THE TRUST

7.1 Trust obligations

To the extent permitted by law, the Trust must:

(a) comply with the conditions imposed in the Deed of Gift;

(b) ensure that the Collection is at all times adequately insured under the Trust's insurance policies;

(d) subject to availability of its staff, make available its expertise to advise the Council and the Board in relation to the Collection.

7.3 Collection to remain in Canowindra

The Trust is committed to the Collection remaining intact and in Canowindra.

7.4 Representations and warranties

The Trust acknowledges that Council has entered into this document relying on the Trust's representations and warranties that:

(a) it possesses the particular skill, experience and ability to carry out its obligations under this document; and

(b) it has inspected the Collection and assessed its worth as a significant collection of artefacts suitable for, and marketable to the public for, display as contemplated by this document.

8. THE MANAGER

8.1 - Employment of Manager

Council may employ a Manager.

8.2 Position of Manager

The Manager will perform the functions and obligations set out in this clause 8 or otherwise as imposed by Council.

8.3 Obligations of Manager

The Manager's terms of employment must include that he or she will:

(a) will report to the Board and Council in relation to making decisions regarding the Collection as and when requested by Council or the Board;

(b) in conjunction with the Board, Council and Trust implement a Collection Management Policy for the Collection;

(d) assist in maximising the appropriate use of the Collection;

(e) manage the physical resources of the Museum, such as buildings, contents, displays, lighting and security;

(f) manage the human resources of the Museum;

(g) ensure the security of the Collection;

(h) oversee day-to-day activities;

(i) manage the general administration and liaising with partners and the providers of services;

(j) manage the financial business of the Museum by administering income and expenditure;

(k) liaise with the Board

(l) implement policies and strategies to increase the number and range of student and other community groups using the Collection;

(m) support fundraising activities;

(n) build links with the broader community; and

(o) carry out any other tasks as directed by Council and the Board.

9. INSURANCE

(a) Council must ensure that:

(i) all insurable risks associated with the display of the Collection to the members of the public, are insured against;

(ii) it maintains at all times an insurance policy for public liability in the amount of $20,000,000.00;

(iii) without limiting paragraph (ii), the insurance policy for public liability must: cover death or injury to any person and damage to property of any person sustained when that person is in or around the Buildings and/or the Collection;

(iv) maintain an insurance policy in respect of each person employed by Council (including volunteers) for the full amount of Council’s liability under any applicable workers’ compensation legislation and/or potential legal liability independently of that legislation.

(b) The Trust must insure the Collection all times under the Trust's insurance policies.

10. INTELLECTUAL PROPERTY

Each of the parties acknowledges that:

(a) all Intellectual Property and all future variations or amendments to it, shall remain at all times the property of Council;

(b) the rights in the Intellectual Property vest in Council as soon as they are created or developed; and

(c) at the termination of this document, the Intellectual Property shall revert to the Trust, as legal owners of the Collection.

11. AMENDMENT AND ASSIGNMENT

11.1 Amendment

This document can only be amended, supplemented, replaced or novated by another document signed by the parties.

11.2 Assignment

A party may only dispose of, declare a trust over or otherwise create an interest in its rights under this document with the written consent of each other party.

12. GENERAL

12.1 Governing law

This document is governed by the law in force in New South Wales.

12.2 Liability for expenses[SH3]

Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this document.

12.3 Giving effect to this document

Each party must do anything (including execute any document), and must ensure that its employees and agents do anything (including execute any document), that the other party may reasonably require to give full effect to this document.

12.4 Waiver of rights

A right may only be waived in writing, signed by the party giving the waiver, and:

(a) no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;

(b) a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and

12.5 Operation of this document

(a) This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.

(b) Any right that a person may have under this document is in addition to, and does not replace or limit, any other right that the person may have.

(c) Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.

12.6 Counterparts

This document may be executed in counterparts.

12.7 Attorneys

Each person who executes this document on behalf of a party under a power of attorney declares that he or she is not aware of any fact or circumstance that might affect his or her authority to do so under that power of attorney.

12.8 Acknowledgment

(a) All parties acknowledge that the Trust is a corporation created under the Act.

(b) Despite any provision to the contrary, the parties agree that the Trust is not bound to, perform any duties or be the subject of any obligations that would go beyond its powers under the Act, or place it in breach of the Act.

(c) All parties acknowledge that the Council is a local government authority constituted under the Local Government Act 1993.

Despite any provision to the contrary, the parties agree that the Council is not bound to perform any duties or be the subject of any obligations that would go beyond its powers under the Local Government Act 1993, or place it in breach of the Local Government Act 1993.

Execution

THE COMMON SEAL OF CABONNE COUNCIL was hereto affixed this day of 2017 in pursuance of a resolution passed on the day of 2017.

Mayor (Signature)		Acting General Manager (Signature)

Name of Mayor (Print Name)		Name of Acting General Manager (Print Name)

Executed by The Australian Museum Trust by its duly authorised officer pursuant to delegation under s13 of the Australian Museum Trust Act 1975 (NSW):

Witness (Signature)		Authorised Officer (Signature)

Name of Witness (Print Name)		Name of Authorised Officer (Print Name)

Item 13 Ordinary Meeting 27 March 2018

Item 13 - Annexure 4

AGE OF FISHES MUSEUM

COLLECTION MANAGEMENT POLICY AND PROCEDURES

Version 5 – April 2017

Age of Fishes Museum Canowindra

Contents

1. Definitions and Abbreviations........................................................................... 2

2. Principles.............................................................................................................. 3

3. Responsibilities of Institutions housing type specimens............................... 4

4. Acquisition............................................................................................................ 4

5. Documentation.................................................................................................... 5

6. Storage.................................................................................................................. 6

7. Access.................................................................................................................... 6

8. Preparation, Moulding and Casting.................................................................. 6

9. Preservation/Conservation................................................................................ 6

10. Maintenance...................................................................................................... 6

11. Disposals............................................................................................................. 7

12. Loans & Exchanges............................................................................................ 7

13. Insurance............................................................................................................ 7

14. Inventory............................................................................................................ 7

15. General............................................................................................................... 7

1. Definitions and Abbreviations

AOFM:

The Age of Fishes Museum is owned and managed by Council as a not for profit community museum. The AOFM houses the Collection and is located in Canowindra, NSW.

AOFM Board:

The Age of Fishes Museum Board is a body made up of representatives of Council, the Australian Museum, the AOFM Manager and community representatives from the Cabonne local government area.

AOFM Manager:

The Manager of the Museum employed by Council to manage the day to day operations of the Museum under the direction of the AOFM Board.

AM:

The Australian Museum. The AM is the State Museum of New South Wales, and is responsible for issues related to the natural heritage of that state.

AM Collection Manager, Geosciences:

The Collection Manager of Geosciences at the Australian Museum is responsible for issues relating to the management of the Australian Museum's palaeontology collections and in consultation with the AOFM Manager, the AOFM palaeontology collection.

Council:

Cabonne Shire Council is the Local Government Authority responsible for Cabonne local government area (lga), the lga which includes Canowindra and the Canowindra fossil fish site on the Gooloogong Rd (Fish Fossil Drive).

Deed of Gift:

The Deed of Gift is a document transferring ownership of the Collection from Council to the AM

Acquiring:

Acquiring is the process by which the AOFM becomes responsible for an item which may or may not be accessioned.

Accessioning:

Accessioning is the formal process of accepting and recording an object as a collection item and acknowledging the intention to register the object into the collection.

Collection:

The Collection of the AOFM is comprised of those items that have been acquired by the AOFM.

Collection Item:

A collection item is an object and associated data (if any) accessioned into the AOFM collection.

Collection Management:

Collection management includes all aspects of curation and handling of specimens in a collection. It includes collecting, preparation, identification, production of moulds and replica casts, registration, cataloguing, storage, and loans of specimens.

Disposal:

Disposal is the formal process of removing an item permanently from the collections.

ICZN:

The International Code of Zoological Nomenclature is an internationally agreed protocol under which the sciences of zoology and palaeontology are practised.

Registration:

The process of assigning a unique registration number to an object in the collection database for the purpose of recording information about the object.

EMu:

EMu is the Australian Museum collections database. As well as providing a method for registration of specimens, EMu documents all aspects of collection management including storage locations, conservation, inventory and loans.

Type specimens:

A zoological, palaeontological or mineral specimen(s) that serves as the basis for the name of the taxon. Primary Types (holotype, neotype, lectotype, etc) and secondary Types (paratypes, paralectotypes, etc) underpin the concept of the species and its variability in nature. Type specimens are irreplaceable items of vital national and international significance for scientific research and identification verification.

SAC:

Scientific Advisory Committee[SH4] . This is a committee made up of local and overseas palaeontologists to give advice on issues concerning science in the AOFM.

Stakeholders Deed

Is the Stakeholders Deed entered into by the AM and Council setting out the roles of the parties, including the Board in relation to the ongoing management and care of the Collection.

2. Principles

2.1 Role of the AOFM

2.1.1 AOFM Mission: (as detailed in the Strategic Plan for the AOFM) includes:

"To promote and preserve the Canowindra Fish Fossils and educate people about them."

2.1.2 Definition and Statement of Intent:

The AOFM complies with the definition of a museum formulated by the International Council of Museums;

"A museum is a non-profit making, permanent institution in the service of society. It is open to the public and it acquires, conserves, researches, communicates and exhibits, for the purposes of study, education and enjoyment, the material evidence of people and their environment."

The AOFM will strive to achieve the highest standards of excellence in preserving, studying, and communicating the natural history of the fossil fishes of Canowindra. The AOFM shall seek to provide an understanding of scientific and other principles in keeping with the AOFM's fields of interest.

2.1.3 Function:

The AOFM collection shall be managed to a standard consistent with the obligations under the ICZN of institutions which house type specimens (see point 3). The AOFM collection items will be properly acquired, will be properly labelled and documented, will be properly stored and preserved, will be made accessible for study and research, and information concerning the collection item will be communicated upon request to other scientists and collecting institutions.

2.2 In the event of inability

As detailed in the Deed of Gift the AM will assume sole responsibility for the AOFM palaeontology collection until the insolvency is resolved or a satisfactory alternative solution is achieved. Registered fossil collections of the AOFM shall not be regarded as a realisable asset.

[MLG Note: - there is no reference to insolvency issues being resolved as a precondition to the gift in the Deed of gift?]

3. Responsibilities of institutions housing type specimens

Institutions holding type specimens agree to abide by the international code under the ICZN in relation to the housing and curation of those type specimens. Recommendation 72F of the ICZN states that:

"Every institution in which name bearing types are deposited should:

(1) ensure all are clearly marked so that they will be unmistakably recognised as name bearing types;

(2) take all necessary steps for their safe preservation;

(3) make them accessible for study;

(4) publish lists of name bearing types material in its possession or custody; and

(5) so far as possible, communicate information concerning name bearing types when requested.”

The ICZN in article 71.10. also makes a fundamental point, again in direct relation to types and applicable to all fossil collections:

"Holotypes, syntypes, lectotypes and neotypes.... are to be held in trust for science by the persons responsible for their safe-keeping."

4. Acquisition

4.1 AOFM to acquire collections

Under the Mission Statement of the AOFM (c.f. Strategic Plan of the AOFM) the AOFM shall "collect, display and preserve items relating to the story of Canowindra Fish Fossils".

4.2 Geographic emphasis on collecting

Collections will, in the first instance, comprise items that are collected from the Central West of New South Wales. Where appropriate for comparison, display, or research purposes, the collections may include items from other regions of NSW, other States, or other countries.

4.3 Collecting for a purpose

AOFM is opposed to indiscriminate collecting. It requires that there be a purpose behind every acquisition. Emphasis will be given to improving the scientific or interpretative value of the AOFM collections in support of specific AOFM projects.

4.4 Items to be obtained legally

AOFM must comply with all Commonwealth and State legislation on the acquisition of material, as well as abiding by national and international conventions and will not acquire items that can be shown to have been obtained illegally or are reasonably suspected to have been so obtained.

4.5 Items from living cultures

The AOFM does not maintain collections of cultural items. Cultural items will only be acquired where they improve the scientific or interpretative value of existing AOFM collections, and where they are openly available through legal sales outlets or where the creators, if living, give their full and voluntary agreement that they understand the implications of the AOFM accepting the items involved.

4.6 Collecting priorities

The primary collecting priority is palaeoichthyological material from the Central West of NSW. The Central West has extensive outcrops of Palaeozoic sedimentary rocks and many fossil fish sites have already been identified. Invertebrate, plant, trace fossil, and rock specimens will also be collected where they contribute to the understanding of the palaeoecology of vertebrates in the AOFM collection.

4.7 Zoology

The AOFM shall collect zoological specimens only where those specimens are relevant to the study of the Museum's palaeontological collection items, to the study of the ecology and management of Canowindra's environment, or to the teaching of the region's natural history.

In particular, Fish specimens will be collected only where they:

(a) provide comparative material which assists the study of fossil specimens in the AOFM collection; and

(b) are appropriate to the AOFM's exhibition or education programs

5. Documentation

5.1 Registration system

The AM shall keep a register of its collection items. The register will be maintained in a computerised database. Paper records, where present will be digitised and associated with the relevant records in the database.

5.2 Slabs.

Many of fossil specimens exist on large slabs of rock containing many different fossil specimens and species. Each slab in the collection with more than one fossil specimen shall be accorded a unique slab number in the collection database. A slab registered under this system may contain multiple registered specimens, unregistered specimens, or a combination. Individual specimens may be split between slabs. Where a slab contains registered specimens, the specimen numbers will be unambiguously linked to the slab or slabs in the database.

5.3. Labelling

5.3.1 Registered specimens.

Registered specimens are allocated registration numbers in a clear and unambiguous way, ideally affixed to the specimen, or in a way that indicates the association with registration number with the relevant specimen. The AM Collection Manager will advise on the correct methodology for this. Every effort should be made to preserve and protect existing registration numbers allocated to specimens and slabs from being damaged or erased.

5.3.2 Specimen cards:

Specimens in the collection should be associated with a specimen card label for both display and research purposes. The label should be printed in neat, legible printing on acid-free card with Indian ink or other archival inks. Information on the label should ideally include:

- the name of the Age of Fishes Museum at top;

- the registration number of the specimen;

- the scientific name of the specimen (including author(s); e.g. Mandageria fairfaxi Johanson and Alhberg);

- the locality (or locality number) of the site from which the specimen was collected;

- the names of the person(s) who collected the specimen, and the date on which it was collected;

- the status of the specimen, e.g. holotype, referred specimen, figured specimen;

- the reference to any published scientific work where this specimen has been cited and/or figured.

5.4 Registers.

(1) Database - Specimens and slabs will be registered on the AM EMu collections database. Functional remote access to this database is not currently practical, and requests to add or edit data, including loans will require communication between the AOFM Manager and the AM Collection Manager.

(2) Paper records - Existing paper records will be digitised where appropriate and associated with the relevant data in EMu.

5.5 Data Management.

Minimum data requirements for specimens and slabs are as follows:

- the registration number;

- when known, the classification and scientific name of specimen(s);

- the locality (and/or locality number) of the site from which the specimen was collected;

- the names of the person(s) who collected the specimen, and the date on which it was collected;

- the status of the specimen, e.g. holotype, referred specimen, figured specimen;

- the reference to any published scientific work where this specimen has been cited and/or figured.

- the current location of the specimen (eg. on display, in storage, on loan)

6. Storage

The AOFM collection will be housed in secure premises, preferably with a fire protection system.

Storage facilities are currently limited. The AOFM shall seek, with the assistance of the AM, to provide storage facilities that meet the needs of the collection.

All type, figured or referred specimens are to be segregated, where possible, from other material in the collection when not on display.

[MLG Note: this is dealt with in the Stakeholders Deed.]

7. Access

AOFM palaeontology collection items will be accessible to the AM Collection Manager upon notification of the AOFM Manager. The AOFM collections will be accessible to bona fide researchers and students from all states of Australia and from overseas. Specimen loans and destructive sampling of specimens will require approval and advice from the AM Collection Manager.

8. Preparation, Moulding and Casting

Preparation, moulding or casting of AOFM collection items will only be carried out in consultation with AM Collection Manager and the AOFM Manager.

9. Preservation/Conservation

Any preparation/conservation treatment shall be carried out on an AOFM collection item as and when required to ensure that no loss of scientific or display value occurs or is at least minimised. This work is only to be done in consultation with the AOFM Manager and the AM Collection Manager.

10. Maintenance

The state of curation of the collection shall be reviewed from time to time by the AOFM Manager and the AM Collection Manager. Parts that require maintenance and/or re-curation shall have that work carried out using available resources.

11. Disposals

Disposal of specimens will be a joint decision between the AOFM and AM carried out in accordance with the AM's collections disposal policy (see p.7, Australian Museum, Collection Maintenance Policy, 2013), the Deed of Gift and Stakeholders Deed.

12. Loans & Exchanges

12.1 Loans of AOFM material

Loans of AOFM material may be made upon request to any bona fide scientist or researcher working on such specimens for the purpose of furthering the knowledge of those specimens or researching topics related to those.

12.2 Type specimens

Type specimens shall be loaned only to those researchers who have proven themselves to be reliable borrowers, or whose reliability can be guaranteed by someone whom the AM Collection Manager, Palaeontology, deems to be a responsible borrower. Type specimens on loan are to be carried by hand if possible.

12.3 Refusal of loan.

The AOFM Manager in consultation with the AM Collection Manager reserves the right to refuse a loan to any person without the reason being made public, and also to recall any loan at any time.

12.4 Exchanges

Exchanges are to be made by the AOFM Manager in consultation with the AM Collection Manager. Apart from in exceptional circumstances, casts and unregistered material are the only specimens available for exchange.

12.5 Documentation

All loans shall be fully documented in EMu by the AM Collection Manager. Copies of loan documentation shall be kept at the AOFM and the AM

12.6 Permits

All loans overseas shall comply with permit conditions set out by the Movable Cultural Heritage Act (1986), and relevant loan movements will be reported to the Ministry for the Arts at the start of each financial year.

13. Insurance

For insurance purposes the AOFM collection is treated as part of the AM collection.

14. Inventory

The AM Collection Manager in consultation with the AOFM Manager will conduct an inventory of specimens held at the AOFM to satisfy audit requirements.

15. General

Further general information on collection management and collection management policies in the Australian Museum can be found in the Australian Museum Natural Science Collection Development Strategy, 2015-2018

Item 14 Ordinary Meeting 27 March 2018

Item 14 - Annexure 1

cabonne logo

CABONNE COUNCIL

PO Box 17 MOLONG NSW 2866

TELEPHONE : 02 6392 3200

FACSIMILE: 02 6392 3260

Email: council@cabonne.nsw.gov.au

Website: www.cabonne.nsw.gov.au

Event Assistance Program Application Form

1. Details of the Organisation

Name of Organisation
Canowindra Creative Centre Inc
Organisation Address House Number/Name/ PO Box		Street/Road
22		Preston Street
City			State		Postcode
Canowindra			NSW		2804
Telephone	Fax			Email
02 63442490	-			debrutter@bigpond.com
Contact Person		Position in Organisation
Deborah Rutter		President
Is the organisation ¨ registered for GST √¨ not registered for GST
Does the organisation have an ABN? √ ¨ yes Not-for-profit INC1700204 ¨ no
Does the organisation have insurance, including public liability cover? √¨ yes ¨ no What is the aim of your organisation?
We aim to help and support local and regional people to come together, share ideas and creativeness through craft, art and writing in a safe and friendly environment.
Does your organisation have a plan/strategy? √¨ yes ¨ no (Please attach if yes) : attached at end of application

2. Event Title

Name of the event

Make, Bake Or Grow It Market

Funding Category Applying For (Please tick)

1 Flagship Event 1 Core Event √1 Developing Event

3. Details of the Proposal

Please provide a general description of the event.

The ‘Make Bake Or Grow It Market’ provides a venue for local and regional people to sell items they have made or grown themselves. It makes a unique opportunity for visitors and local people to experience local products, showcasing the creativeness and diversity of Cabonne region.

Where and when is the event to take place?

It will be held on Friday 27^th April and Saturday 28^th April 2018 in the Canowindra Services Club Auditorium from 9am to 3pm .

The Market is planned to coincide with the Balloon Challenge Balloon Glow providing another activity for the community and visitors. In the event of bad weather, our Market will still function because it will be held indoors. This also provides a definite activity if the weather is unfavourable for the Balloon Glow and Market night. The elected times also provides ongoing activities in Canowindra complimenting all other community activities.

How will the event raise the profile of the Cabonne Council?

The Market highlights the uniqueness and productivity of Cabonne. It provides a venue for highly productive individuals and/ or small business’ and those who are creative at home.

The Market gives a rare glimpse into the diverse talent of our residents which can include, cooking, grown produce, make creative items and art.

What local business opportunities will be created?

The Market located in Gaskill (the main) Street will encourage people to visit the local eateries and business’. The hours we hold the market meets a need for when less balloon and community activities are happening. The Museums and enjoying the local park complements the Market.

Some home-based business’ will attend the Market. This gives them a rare opportunity to sell and promote their items.

How many people are expected to attend the event from within and outside the Shire?

300-600

What benefits will be returned to the Cabonne Community

The Market will be an added attraction to visitors and local people over the Balloon Glow Weekend. Promote the friendliness and skills of Cabonne residents. We will include Cabonne Council Support on all our promotions and advertising acknowledging Cabonne’s interest and support in the development of our region, communities and individuals.

Please list any other community groups involved with this event?

Canowindra Mens Shed

Canowindra Historical Society

4. Assistance requested

Type of assistance	Details	Value of Assistance exclusive of GST (Council to provide estimate for in kind items)
Hall Hire Fee	Cost of hiring the Canowindra Services Club Auditorium for Friday 27^th and Saturday 28^th April 2018 for Market event.	$500
Advertising	Cost of advertising with the Balloon Challenge.	$125.
Other Local Media advertising.	Advertising in the Canowindra Phoenix and Canowindra News.	$150.
In Kind.	Volunteer hours for the 2 day Market, preparations and tidy up approximately 20 hours per person. Minimum 2 persons at all times.	$800.
		$
Total Assistance requested		$500.
Will you require payment of EAP grant prior to lodging the Acquittal Form (please tick)		√¨ yes ¨ no

5. Supporting Information

The following supporting information is attached with this application:

APPLICANT Please tick P		INFORMATION	COUNCIL
YES	NO	INFORMATION	YES	NO
√		A quote outlining project costs (if applicable)
√		Two (2) letters of support

6. Applicants Signature

The applicant, or the applicant’s agent, must sign the application

Name		Position in Organisation
Deborah Rutter		President
Signature		Date
Deborah Rutter		15^th February 2018

OFFICE USE ONLY

Tick P		Date	Name	Signature
	Letter of Acknowledgement
	Referral to ED & T Committee & Council
	Determination of Application
	Acceptance Form received
	Project Completed
	Grant acquittal completed and returned.
	Funding provided to applicant

TRIPLE C CANOWINDRA CREATIVE CENTRE INC Deborah Rutter. 22 Preston Street, Canowindra, NSW, 2804.

Ph: 02 63442490 Mob: 0487801767 Email: debrutter@bigpond.com

Canowindra Creative Centre is a not-for-profit community group INC1700204.

BUSINESS PLAN

Executive Summary

The Company
Canowindra Creative Centre began in August 2015 through recognizing a need within our local community. Though many productive groups were active in the community, there remained a demographic whose needs were not being met. This is where the concepts of the Canowindra Creative Centre were built upon.

The Ownership
The company is structured as a: not-for-profit business becoming incorporated in 2017.
The Canowindra Creative Centre Inc runs independently. The building we operate from is owned by Cabonne Council.

The Management
The Canowindra Creative Centre Inc Committee is responsible for the running of the Canowindra Creative Centre.
Shared decision making of financial members and interaction of everyone attending groups and the broader community is encouraged.
The formal committee consists of President, Vice President, Secretary and Treasurer.
Additional activity leadership roles and coordinators are nominated by the committee.
Decisions are agreed upon by the committee, leaders and coordinators. An open floor is welcome to all to share their ideas, feedback, concerns or grievances.
Empowerment to individuals is encouraged regarding input and sharing of views.
Involvement and contributions provides opportunities to develop or enhance skills that may have been unrecognized are strengthened.

The Goals and Objectives
Canowindra Creative Centre (Triple C) aims to provide a safe, relaxed, friendly and welcoming atmosphere. People come to a common place where economic and social levels do not apply. Barriers are broken down and everyone is respected and appreciated.
Basic materials are provided by the group. This enables more people to try a greater range of items without the restrictions of cost and access.
People are welcomed and encouraged, at whatever level they are comfortable with, inputting into the group, requesting activities, crafts and arts that they have wanted to try/and or develop.
We provide a 'try before you buy' opportunity by providing an introduction to a specific activity. After the introduction, an opportunity will be made available to attend a workshop on this topic at a base cost. The workshops and introduction days are presented by a person who is experienced and/or qualified in the activity but most importantly that they have a passion for their craft and enjoy sharing their knowledge with others.
The workshop plan enhances the presenters skills, adds to their resume' and can open doors to increase their income.
Opportunities are given to local people initially to run the workshops. If the particular activity is not accessible locally, then a person from the area is sought.
A variety of group activities are run regularly which is by donation only.
Raffles and Market Days are held to generate income and provide opportunities to people to bring their creations for sale. Individuals are welcome to share in the insurance cover of the Canowindra Creative Centre. They can share our table or bring along their goods for us to display and sell on their behalf at a minimal rate. Some items are restricted, according to our Insurance Policy.
Membership is available to individuals. This provides a small income to the group and the benefits to the person is a lesser fee upon sale of items, attendance at meetings and sharing in decision making.
Planning is underway to provide opportunities for 'Work Development Orders' to be carried out. To make this opportunity available to the community and surrounding district would meet a great need, at present, unavailable. This will enable people to move forward from the restrictions currently placed upon them due to work opportunities, family and personal development.
Planning for Volunteers hours, as enforced by Centrelink, is another community service the group hopes to offer. There are limited placements within our community to support individuals with these needs.
There is a permanent invitation to people to have their voice heard, to receive equal respect to requests they have. Individual support and companionship is a priority.

The Product
The main products are craft items eg jewellery, Christmas decorations, books, practical items otherwise unavailable eg Boot Hats.
All the items we have for sale are all locally handmade.
Whenever possible we use local resources.
The service we provide is unique in mission for community. Recognizing and encouraging personal skills and creative talents is nurtured. Everyone develops at their own pace in their own time. Pressures of commitment and consistent attendance is discouraged, rather the involvement of individuals is welcomed according to their abilities and time restraints.

The Target Market
The general public is welcome to attend including those from outside our local community.
Our primary goal is to provide a venue for those who, for whatever reason, are restricted to accessing other groups and /or activities.
Activities for men are targeted to encourage more interaction within the community. Adults aged between 30 to 60 years of age have limited access to learn basic computer skills, this is one area we can assist. Activities are planned to encourage those within aged care facilities and other groups to participate. This provides a community based venue that may not be otherwise available to them. Activities involving families are now an annual event in November with a Gingerbread House workshop. These are available in kit form. This session occurs in November. Men and women are welcome at all our workshops and sessions.

Pricing Strategy
The cost of items made are graded according to costs of raw materials. A small percentage is donated to the group and an agreed profit to the owner is met.
The primary goal is to enhance the personal skills and confidence in their talents.

The Competitors
The Craft Shops in our area provide some similar items.
We are not competitive, rather we support each other through linking in with their resources and services.
Some members also have their items available for sale through local outlets.

PAYMENT ADVICE

To: Canowindra Challenge Incorporated

PO Box 160

CANOWINDRA NSW 2804

AUSTRALIA

Customer Canowindra Creative Centre

Invoice Number INV-0220

Amount Due 125.00

Due Date 6 Feb 2018

Amount

Enclosed

Enter the amount you are paying above

ABN: 97 936 392 710. Registered Office: PO Box 160, Canowindra, NSW, 2804, Australia.

INVOICE

Canowindra Creative Centre

Invoice Date

23 Jan 2018

Invoice Number

INV-0220

Reference

Creative Centre

ABN

97 936 392 710

Canowindra Challenge

Incorporated

PO Box 160

CANOWINDRA NSW

2804

AUSTRALIA

Description Quantity Unit Price GST Amount AUD

1/6th Page Ad in Brochure 1.00 125.00 No GST 125.00

TOTAL AUD 125.00

Due Date: 6 Feb 2018

Bank Details

Account Name: Canowindra Challenge Incorpoated

BSB: 032 820

Account Number: 249 772

View and pay online now

Invoice: 0211

Monday 23^ndJanuary 2017

Leanne Stevenson Flowers

12 Waddell Street Canowindra

Phone 0438 499 069 Email niclee1964@bigpond.com ABN: 56 095 953 125

Dear Council Members

I attended the Make it, Bake it, Grow it markets since they started. They are a wonderful Market bringing Stall holders to town, as well as providing Balloon visitors somewhere to go during the day.

I recommend it to any visitor or potential stall holder.

Regards

Leanne Stevenson

To Cabonne Council,

The Canowindra Men’s Shed attended the Make, Bake or Grow Market hosted by the Canowindra Creative Centre Inc in 2017.

As a community group in Canowindra we found this event very beneficial to promote work of the members, created more awareness of the Men’s Shed and their activities, community engagement and generated income from sales of our products.

We look forward to attending the Make, Bake or Grow Market again in 2018.

Please accept this letter of support for the Canowindra Creative Centre Inc’s application for the 2018 Event Funding.

Respectfully,

Warwick Bowd - President

15^th February 2018

ITEM 1 - INVESTMENT SUMMARY

REPORT IN BRIEF

Reason For Report	To provide Council information in relation to Council's investments
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.b Maximise secure income through investments
Annexures	1. February 2018 Investment Summary ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 902154

Senior Accounting Officer's REPORT

Council’s investments as at 28 February 2018 stand at a total of $44,666,549.

Council’s average interest rate for the month was 2.44%. The effect of the low cash rate is having a negative impact on term deposit rates offered by financial institutions. The Reserve Bank’s official cash rate remained steady at 1.50% during the month of February, however Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.68%.

Council’s investments are held with multiple Australian financial institutions with varying credit ratings according to Council’s Investment Policy. The annexure to this report shows a break up of each individual institution that Council invests with and its “Standard and Poor’s” Credit Rating.

The Schedule of Investments for February 2018 is attached for Council’s information.

ITEM 2 - RATES SUMMARY

REPORT IN BRIEF

Reason For Report	Information provided in relation to Council's Rates collections.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.a - Level of rate of collection
Annexures	1. Rates graph February 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 905101

Senior Rates Officer's REPORT

Rate Collection Summary to 28 February 2018 is attached for Council’s information. The percentage collected is 74.7%, which is similar to previous years.

The due date for the third instalment is 28 February 2018.

ITEM 3 - RESOLUTIONS REGISTER - INFOCOUNCIL - ACTIONS REPORTING

REPORT IN BRIEF

Reason For Report	To provide Council with a report on progress made in actioning its resolutions up to last month's Council meeting and any committee meetings held.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. Council ⇩ 2. Traffic Light Report Summary ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\RESOLUTION REGISTER - 900812

General Manager's REPORT

InfoCouncil generated reports are annexed including actions up to the previous month’s meetings resolutions.

Progress comments are provided until the final action comment which will also show “COMPLETE”: that item will then be removed from the register once resolved by the council.

Attached also is the “traffic light” indicator system that enables the council to identify potential areas of concern at a glance.

Councillors should raise any issues directly with the directors as per the mayor’s request.

ITEM 4 - COMMUNITY FACILITATION FUND

REPORT IN BRIEF

Reason For Report	To report on approved expenditure under the Community Facilitation Fund (CFF).
Policy Implications	Nil
Budget Implications	Within existing budget allocation
IPR Linkage	3.3.5.a. Review community need for new and upgraded facilities
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GRANTS AND SUBSIDIES\PROGRAMS\COMMUNITY FACILITATION FUND - 905081

General Manager's REPORT

Council adopted guidelines for the Community Facilitation Fund (CFF) in March 2015. The CFF was created for smaller community projects not originally included in the council’s budget, to be allocated at the discretion of the Mayor and Deputy Mayor.

As a reminder, the guidelines for the CFF are as follows:

1. Projects where no existing vote for the works has been allocated or the vote is insufficient to complete the project.

2. Recipients must be community based not-for-profit groups.

3. Mayor and Deputy Mayor to jointly approve funds (with the General Manager as proxy if one is not available).

4. Allocation of funds to be reported to the next available council meeting.

5. Limit of $3,000 per allocation unless other approved by council.

There were NIL allocation of funds made in the past month.

ITEM 5 - COUNCILLOR WORKSHOP

REPORT IN BRIEF

Reason For Report	A copy of the notes from the Councillor Workshops.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.6.c - Provide regular opportunities for management to meet and discuss contemporary issues
Annexures	1. Councillor Workshop Notes - 13 March 2018 ⇩ 2. Notes and observations from workshop ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\WORKSHOPS - 905085

General Manager's REPORT

A Councillor workshop was held on 13 March 2018 recapping the outcomes of the Strategic Direction Forum held in Mudgee in November 2017. A copy of the notes plus a summary of the discussion from the facilitator is attached.

ITEM 6 - CENTROC BOARD MEETING

REPORT IN BRIEF

Reason For Report	To update Council on matters discussed at the Centroc Board Meeting on 22 February 2018.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.d Maintain effective membership of Centroc, Strategic Alliance, Hawkesbury City Council, Weddin Shire Council and Cabonne Council Country-City Alliance, LGNSW and other forums
Annexures	1. Minutes of the Board Meeting 22 February 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\CENTROC 2018 - 905088

General Manager's REPORT

The Deputy Mayor and General Manager attended the Centroc Board meeting at Lachlan Shire in Condobolin on 22 February 2018.

Matters discussed at the Board meeting included:

· Water Infrastructure;

· Transport Infrastructure;

· Health;

· Regional Development

· Planning

· Tourism

Minutes of the Board meeting are attached for Councillors’ information. The next Board meeting will be held at Parliament House, Sydney on 24 May 2018.

ITEM 7 - MANILDRA AFTER SCHOOL CARE

REPORT IN BRIEF

Reason For Report	To update Council
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.1.1.c Review alternatives for After School (AS) Hours care
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\MANILDRA AFTER SCHOOL CARE - 904697

Community Services Manager's REPORT

Council’s application for After School Care at Manildra was postponed due to Mr Andrew Hopkins still being listed as a Person with Management and Control on the Australian Children’s Education & Care Quality Authority (ACECQA) portal.

In December 2017 an application was submitted with ACECQA to update records. This application is still being processed with a due date not known. Until this is resolved, Council is unable to re-submit the application to commence After School Care at Manildra.

ITEM 8 - CABONNE/BLAYNEY FAMILY DAY CARE

REPORT IN BRIEF

Reason For Report	Progress report to Councillors
Policy Implications	NIL
Budget Implications	NIL
IPR Linkage	3.1.1.b Implement the Family Day Care Program
Annexures	1. FDC Letter of support ⇩ 2. Kellie Walker - Letter of Support of Coordination Unit ⇩ 3. Samantha Dykes ⇩ 4. Shirley Edwards letter to Council ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\SERVICE PROVISION\FAMILY DAY CARE - FAMILIES AND CARERS - 905559

Community Services Manager's REPORT

In October 2017, changes were made to the Children (Education and Care Services) National Law (NSW) and the Education and Care Services National Regulations, which allows the NSW Department of Education to cap the number of family day care educators engaged by a service.

On Thursday, 15 March 2018, Cabonne/Blayney Family Day Care (CBFDC) received an Amendment of Service Approval, from the NSW Department of Education. This notice states that the service approval has been amended to include a condition that CBFDC must not employ or engage more than 15 educators. This amendment will take effect from 1 April, 2018. At present the service has 26 registered educators.

CBFDC has until the 28 March to respond if they disagree with this decision. The Coordinator is in the process of completing a response which will include the proposed alternative cap of 45 educators and how the service will ensure they comply with the National Quality Framework. The service has received letters of support from educators, families and members of the community to support the response. See attached letters of support from Family Day Care Educators addressed to Mayor Beatty and Councillors.

ITEM 9 - ECONOMIC DEVELOPMENT ACTIVITIES REPORT

REPORT IN BRIEF

Reason For Report	To update councillors on economic development activities undertaken by Council's Community Engagement and Development unit.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	2.1.1.a - Develop a current Economic Development Plan for Cabonne
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 905084

Community Engagement and Development Manager's REPORT

What’s On In Cabonne Newsletter

TP Action 2.1.1, 3.1.2

The Cabonne ‘What’s On’ Newsletter promoted 18 events and activities for the month of March 2018. Events included Cumnock Show, the Molong NSW Sheep Dog State Championship Trials, village museum activities, Amusu Theatre screenings and the various markets across the shire that are proving very popular in Cabonne. 350 hard copies are distributed throughout Cabonne shire, posted on Cabonne and Discover the Riches website and circulated extensively through Cabonne’s database. These newsletters continue to grow and attract interest.

Upcoming Events

Upcoming events in the Cabonne LGA include:

· Canowindra Short Film Festival 7 April 2018

· Cumnock The Long White Lunch 7 April 2018

· Eugowra Country Fair & Lions Car & Bike Show 7 April 2018

· Cumnock Show society Opera in the Woolshed 12 April 2018

· FOOD Week 6–15 April 2018

· ANFD Sheep Field Day 19 April 2018

· Canowindra Balloon Challenge 21–29 April 2018

· Canowindra Make It, Bake It 27-28 April 2018

· Cudal Camp Draft 21 & 22 April 2018

· ANZAC Day commemorations at various villages 25 April 2018

· Taste Orange Watson Bay 6 May 2018

Community Group Development

EDS Objective 9.4

The ED&T Team has administered the following enquires and/or met with:

a) Age of Fishes Museum – ongoing support

b) Destination NSW

c) Central NSW Tourism

d) TASAC

e) Brand Orange

f) Campervan & Motorhome Club of Australia –Dump Point liaison

g) Orange Regional Viticulture Organisation

h) CENTROC

i) Eugowra Progress and Promotion Association

j) MAG Molong liaison

k) Cumnock Progress Association

l) Regional Tourism Organisation Sub- Committee

m) Canowindra Business Chamber

Caravan & RV Facilities

Council’s Tourism and Community development Coordinator met with Campervan Motorhome Club of Australia representatives, Lyndal Gray and Richard Barwick. The potential of another dump point in Canowindra to service the growing RV travelers to the area and overnighting at the Canowindra Showground was raised.

Cabonne has six RV dump points located in our towns and villages to service tourists travelling in recreational vehicles. They are located at Eugowra, Canowindra, Manildra, Molong, Yeoval and Cumnock. These facilities help to attract visitors to our area, boost economic growth of Cabonne towns and villages and ensures we are environmentally sustainable in this area.

Business Inquiries & Development

EDS Objective 10.7, 9.2

Council has administered the following enquires and/or met with:

a) Tourist Destination Organisation

b) TASAC – Signage

c) Radio 2EL

d) CENTROC.

e) Destination NSW

f) Orange City Council

g) Adloyalty

h) Blayney Council

i) Central NSW Business HQ

j) Australian National Field Days

k) Yeoval Progress Association.

l) Central NSW Tourism.

m) Regional Development Australia

n) Central West Lifestyle Magazine

o) Office of Regional Development

p) Caravanning & Camping Magazine

q) Wander Magazine

Meetings Attended

· Orange Regional Tourism Sessions Canowindra 5 March 2018

· Orange Regional Tourism Information Sessions 6 March 2018

· Regional Tourism Awards Launch 6 March 2018

· Cabonne Caravan Meeting Cudal 7 March 2018

· CCTAC Meeting 7 March 2018

· CENTROC Teleconference 15 March 2018

LG NSW Tourism Conference 12 -14 March 2018

Two Cabonne representatives, Councillor Jenny Weaver and Tourism and Community Development Coordinator Lynne Hawkes attended the LG Tourism Conference held in Parkes with the theme, Tourism: It All Adds Up. The conference was professionally organised, providing a diverse action packed program that covered many tourism topics, trends and worthwhile initiatives over the three-day duration.

Conference attendees received valuable insights, information, shared experiences from presenters. This information can be effectively utilised to help continue the growth of tourism and strengthen valuable partnerships in our respective shires and regions.

The conference was fully booked and well attended with councillors, tourism managers and affiliated business representatives and key stakeholders from across the state. The networking opportunity at this conference was a real benefit especially to place a face to names of representatives from key stakeholders that you have been dealing with via telephone communication only.

The sessions of great interest included, the site visit to “Reinvigorating Trundle”, who deliver the renowned and successful ABBA festival. This session facilitated by Gary Crowley who captivated his audience with his experiences in taking the festival from 495 attendees in 2012 to nearly 6000 in 2017. Gary shared his experiences and great insights on how to organise and deliver a successful event that has definitely helped to put the small town of Trundle with a population of 200 on the destination map.

Other topics included, the growing caravanning industry, highlighting how to service this growing industry, the trends, products, how to become a destination of choice and bridging the gap between city and country, and how Council partnerships boost tourism and economic growth.

Conference attendees enjoyed a conference dinner on Tuesday night at the Parkes Observatory under the stars.

Cabonne Country Tourism Advisory Committee (CCTAC) Meeting

The first CCTAC meeting for 2018 was held in Molong on 7 March 2018 and well attended. The committee members agreed to hold the next monthly meeting in Canowindra at the Age of Fishes Museum and are interested to receive a presentation from the new museum manager Anne Clarke.

A new Discover the Riches television advertising campaign will be screened for four weeks leading up to Easter and the April school holidays.

ITEM 10 - ENGINEERING AND TECHNICAL SERVICES UPDATE REPORT

REPORT IN BRIEF

Reason For Report	To update council on works progress in the Engineering and Technical Services Department.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. ENGINEERING CAPITAL WORKS and EXPENDITURE REPORT March 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 904700

Director of Engineering & Technical Services' REPORT

Please find attached to this report an update of the 2017/18 works in the Engineering and Technical Services department.

ITEM 11 - LAND NEGOTIATION PROGRAM

REPORT IN BRIEF

Reason For Report	To provide information to Council on the Crown Land Negotiation Program being facilitated by NSW Department of Industry in conjunction with Cabonne Council, Blayney Shire Council, Orange City Council and the Orange Local Aboriginal Land Council.
Policy Implications	Nil
Budget Implications	Unknown at this stage. To date no funds have been expended and it has only been staff time. It is anticipated that the early stages will only require staff time.
IPR Linkage	4.5.1.b Maintain strong relationships and liaise effectively with all relevant Government agencies and other councils
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL\LAND - 904597

Manager Technical Services' REPORT

For a number of years now, the NSW State Government has been reviewing the management of Crown Land in NSW. Crown Land currently comprises over one third of NSW and up until recently, there were several pieces of legislation governing the management of Crown Land. Councils, as trustees of a significant proportion of Crown Land, are required to comply with the legislation applicable to Crown Land.

There are currently over 30,000 outstanding Aboriginal Land Rights Claims over Crown Land in NSW, with the Government determining a very small number of these claims each year. The State Government has introduced a number of measures to improve the management of Crown Land.

Firstly, the consolidated Crown Land Management Act 2016 will reduce red tape, duplication and the administrative burden on Councils in their public land management role. The majority of the Act will commence in 2018 and will clarify Council’s obligations in relation to Crown Land.

Secondly, the Department of Industry is rolling out a new program across NSW, known as the Crown Land Negotiation Program. This innovative program involves:

§ A comprehensive voluntary negotiation program between the NSW Government, the NSW Aboriginal Land Council, Local Government and Local Aboriginal Land Councils, to ensure that Crown Land in NSW is held by the most appropriate landholder to achieve the most positive social, economic, cultural and environmental benefits for the people of NSW

§ The transfer of title (ie ownership) of Crown Land to either Council or the Local Aboriginal Land Council at no cost from the NSW Government where this is agreed by the parties

§ The negotiated agreement (through new Aboriginal Land Agreement process) to withdraw any Aboriginal Land Rights Claim on the subject Crown Land proposed to be transferred to Council

§ Council will be able to identify, understand and recognise local sites that are significant to Aboriginal people

§ Council has the opportunity to partner with the Orange Local Aboriginal Land Council on development opportunities

The Negotiation Program is facilitated by a designated team within Department of Primary Industries, and is funded for three years. Following a recent expression of interest process, a joint submission made by Orange, Cabonne and Blayney Councils and the Orange Local Aboriginal Land Council was successful and so preliminary work on negotiations is underway and is scheduled to be finalised by the end of 2018.

Council will have the opportunity to negotiate the transfer of those parcels of Crown Land that Council currently manages and invests significantly in (eg parks, ovals and showgrounds). A total of 796 of land parcels within the Cabonne Local Government Area have been identified as Crown Land. Any land transferred to Council will generally be classified as Community Land under the Local Government Act 1993. Ministerial consent for the transfer of land to be classified as Operational Land would be required.

Update reports will be provided to Council as the program progresses and access to detailed mapping information through the Department of Industry is provided.

ITEM 12 - PLANNING LEGISLATION UPDATE

REPORT IN BRIEF

Reason For Report	To inform council of recent changes to planning related state legislation
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Assess and determine development applications, construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\LEGISLATION\PLANNING REFORMS - 904765

Director of Environmental Services' REPORT

Planning Legislation Update

The following information is provided as a summary of recent changes to planning legislation, and proposed further changes to supporting legislation. The information has been compiled from reports provided by planning staff of Bathurst and Orange councils, and discussed at a recent meeting of the Centroc Planners group. The assistance of Ms Janet Bingham of Bathurst Regional Council is acknowledged in the preparation of the following information for reference by Centroc councils.

1. UPDATING THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

The Environmental Planning and Assessment Amendment Bill 2017 was passed by Parliament. The updates have four underlying objectives:

· to enhance community participation

· to promote strategic planning

· to increase probity and accountability in decision-making

· to promote simpler, faster processes for all participants

The implications of the new Bill for council are as follows and apply to the legislation that was introduced on 1 March 2018.

New Objects to Support the Built Environment

The new objects of the Act seek to reflect the Government’s commitment to well-designed communities with local character and heritage. When performing functions under the Act authorities will now be guided by additional objects promoting:

· good design and amenity of the built environment; and

· the sustainable management of built and cultural heritage (including Aboriginal cultural heritage).

Enhanced Community Participation

The Bill seeks to make it clearer and easier for the community to understand how it can participate in planning decisions. The Bill requires all planning authorities to prepare a community participation plan. This will spell out when and how they will engage with their communities across all the planning functions they perform.

The plans will have to meet the minimum requirements for community participation that will be set out in Schedule 1 to the Act. Councils can commit to go beyond the minimum requirements to suit the needs of their communities. In preparing their plans, councils will have to take into consideration new community participation principles which set the bar for how the community should be engaged. The principles state, among other things, that the community has a right to be informed about planning matters that affect it and it should be given opportunities to ·participate as early as possible in strategic planning. To improve accountability to all stakeholders, the Bill requires decision-makers to give reasons for their decisions.

Strategic Planning

For the first time, the Act will recognise the critical role of councils in strategic planning. Under the new provisions each council will prepare a local strategic planning statement. This will set out the 20-year vision for land-use in the local area, the special character and values that are to be preserved, and how change will be managed into the future. The statements will need to align with the regional and district plans, and the council's own priorities in the community strategic plan it prepares under local government legislation.

The statements will shape how the development controls in the Local Environmental Plan (LEP) evolve over time. This means the LEP will be a tool to deliver the council and community's plan for the future.

Up-to-Date Development Controls

The Bill seeks to ensure that Local Environment Plan (LEPs) and Development Control Plans (DCP) are kept up-to-date and as simple as possible by requiring councils to do an 'LEP check' at least every five years. They will consider whether the LEP is still fit for purpose given any changes in population, infrastructure, strategic plans and other key indicators. This check may prompt some updates to the LEP, or it may find that a comprehensive review of the LEP is needed.

The Bill will allow the Government to establish a standard, online format for DCPs. The content will remain up to councils, but they will be able to draw on model provisions prepared by the Department.

Confidence in the Complying Development Process

To improve confidence in complying development, the Bill enables:

· councils to impose a levy on complying development certificates to fund monitoring and enforcement of complying development standards in their area;

· councils to stop work for up to seven days on a complying development site to investigate whether the construction is in line with the certificate. From there, the council can take more formal action - such as a development control order - if warranted; and

· the courts to declare a complying development certificate invalid if it does not meet the approved standards.

Where developers have constructed works that go beyond an approval, then retrospectively applied for a modification to authorise the extra works, councils will be able to impose an additional fee to deter retrospective modification applications. This fee will be set in the Environmental Planning and Assessment (EP & A) Regulations.

Given the scope of the changes in this Bill, the Government is taking a staged approach to the Bill's commencement. Most of the changes will commence in the first quarter of 2018. Other changes will take longer to switch on and will involve further consultation, so new features of the planning system like community participation plans and local strategic planning statements will be introduced over time. Changes will be supported by appropriate guidance, templates and other resources.

2. ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION

The Department of Planning and Environment has recently commenced a review of the Environmental Planning and Assessment Regulation 2000 (the Regulation). The Regulation contains key operational provisions for the NSW planning system, including those relating to:

· planning instruments, including requirements and procedures for planning proposals and procedures for making and amending development control plans;

· procedures relating to development applications and complying development certificates;

· existing uses and designated development;

· requirements for environmental assessment under Part 5 of the EP & A Act and applications for State significant infrastructure;

· environmental impact statements;

· building regulation and subdivision certification;

(note: the review of the Regulation does not examine these building and certification provisions, as broader building regulation reforms are being fast tracked through a separate process)

· fees and charges, including fees for development applications, building certificates and other planning services;

· development contributions, including the preparation of contributions plans;

· planning certificates, which provide information about land;

· other miscellaneous matters, including amounts for penalty notices (or fines) that may be issued for breaches of the EP&A Act and the Regulation, provisions for planning bodies (the Planning Assessment Commission and Independent Hearing and Assessment Panels), development by the Crown, and record keeping requirements for councils.

3. BIODIVERSITY REFORMS AND REGULATION OF CLEARING OF NATIVE VEGETATION

The legislative framework for native vegetation management, private land conservation, threatened species and other protected native animals and plants in New South Wales has been reformed. The biodiversity conservation reforms include the creation of the Biodiversity Conservation Act 2016, the Local Land Services Amendment Act 2016, State Environmental Planning Policy (Vegetation in Non-Rural Areas) and supporting Regulations and products. The reforms included the repeal of several existing Acts, including the Native Vegetation Act 2003, Threatened Species Conservation Act 1995 and the Nature Conservation Trust Act 2001. Also repealed are the animal and plant provisions (Parts 7-9) of the National Parks and Wildlife Act 1974. The new legislative arrangements commenced on 25 August 2017.

The Biodiversity Conservation Act and associated regulation outline the framework for addressing impacts on biodiversity from development and vegetation clearing. It establishes a hierarchical framework to avoid, minimise and offset impacts on biodiversity from development through the Biodiversity Offsets Scheme. The emphasis is on avoidance of impacts, with substantial financial consequences where offsets are required.

Under the scheme developers and landholders who undertake clearing which triggers the offsets scheme create a biodiversity credit obligation which must be retired to offset their activity. The scheme also establishes biodiversity stewardship agreements, which are voluntary in-perpetuity agreements entered into by landholders to generate credits to sell to developers and landholders who require these credits to offset the activities at other sites.

Under the new arrangements there are three pathways for approval for clearing native vegetation depending on the location and/or nature of the clearing:

Type of Clearing	Relevant	Approvals Authority	Regulatory Tools/ Processes
Clearing in association with a local development (DA)	Part 4 EP&A Act	Consent authority (generally council)	Biodiversity Offsets Scheme (Opt in for Part 5) triggered by: - Area thresholds (based on min lot size) - Biodiversity Values Map (BVM) - Significant impact on threatened species or community (where proposal is below threshold or not on BVM) Biodiversity Assessment Report to be prepared by accredited person using Biodiversity Assessment Methodology. Streamlined Assessment Process available for some developments. Biodiversity Offset requirements included as conditions of consent.

Clearing on agricultural land	Local Land Service (LLS) Act Part 14	Native Vegetation Panel	Allowable activities Native Vegetation Regulatory Map Set-aside areas OEH compliance role
Clearing in Urban areas and E zones - not ancillary to a development requiring consent.	Vegetation SEPP	Exceeds area threshold - Native Vegetation Panel	Biodiversity Offsets Scheme - including BAM assessment
	Vegetation SEPP	Doesn't exceed area threshold - council permit under DCP (unless exemption applies)	Mechanism not yet established. Model clauses for Development Control Plan (DCP) will be provided.

Offset Scheme Thresholds - Area Criteria

Minimum lot size associated with property	Threshold for clearing, above which the BAM and offsets scheme apply	Proposed Area Limit for application of Streamlined Biodiversity Assessment
Less than 1 ha	0.25 ha or more	s 1 ha
1 ha, and less than 40 ha	0.5 ha or more	s 2 ha
40 ha, and less than 1000 ha	1 ha or more	s 5 ha
1000 ha or greater	2 ha or more	s 10 ha
Note: The area threshold applies to all proposed native vegetation clearing associated with a proposal, regardless of whether this clearing is across multiple lots. In the case of a subdivision, the proposed clearing must include all future clearing likely to be required for the intended use of the land after it is subdivided.

The Act requires a consent authority to reject a Part 4 development or clearing proposal (that is not State Significant Development (SSD) or State Significant Infrastructure (SSI)) that they determine is likely to have a serious and irreversible impact on biodiversity values.

Transitional arrangements in place mean that Part 4 development applications (except SSD) are assessed under previous arrangements until 25 February 2018 (see OLG Circular No:17-38/24 November 2017).

NB. The Nature Conservation Council of NSW, represented by EDO NSW, commenced proceedings in November 2017 in the Land and Environment Court to challenge the decision of the Minister for Primary Industries to make the Land Management (Native Vegetation) Code 2017 (the Code) under the Local Land Services Act 2013 (NSW). The court ruled on 9 March 2018 that the Code was invalid. The NSW Minister for Primary Industries immediately remade the Land Management Native Vegetation Code without any amendment.

4. PROPOSED PRIMARY PRODUCTION AND RURAL DEVELOPMENT STATE ENVIRONMENTAL PLANNING POLICY (SEPP)

The Department of Planning and Environment is currently seeking feedback on a package of reforms to update and improve the planning framework for primary production and rural development.

Changes proposed include consolidating the following five existing SEPPs:

· State Environmental Planning Policy (Rural Lands) 2008 (Rural Lands SEPP)

· State Environmental Planning Policy 30 - Intensive Agriculture (SEPP 30)

· State Environmental Planning Policy 52 - Farm Dams and Other Works in Land and Water Management Plan Areas (SEPP 52)

· State Environmental Planning Policy 62 - Sustainable Aquaculture (SEPP 62)

· Sydney Regional Environmental Plan 8 - Central Coast Plateau Areas (SREP 8)

The Explanation of Intended Effects (EIE) outlines provisions to be included in a new SEPP. It also highlights proposals to transfer existing plan making requirements to the Ministerial Planning Directions under section 117 of the Environmental Planning and Assessment Act 1979, and to amend the Standard Instrument Local Environmental Plan (SILEP).

The proposed changes to clause 4.2 are akin to re-establishing concessional allotment provisions. The changes are controversial and will have significant effects on the protection of rural lands throughout NSW.

5. DRAFT LARGE SCALE SOLAR ENERGY GUIDELINES

Council has recently been advised that the Department of Planning & Environment has released Draft Large Scale Solar Energy Guidelines for public comment. The Guidelines advise the community and proponents' on the assessment and approval of large scale solar energy developments classed as State Significant. It is not by itself statutory enforceable.

The draft Guidelines provide information on site selection. It is noted that the Guideline identifies that the following "constraints" should be identified:

Important agricultural lands, including Strategic Agricultural Land (both critical industry clusters and biophysical strategic agricultural land), and land with soil capability classes 1, 2 and 3. Consideration should also be given to any significant fragmentation or displacement of existing agricultural industries.

The draft Guidelines were on exhibition until 18 February 2018.

6. SHORT TERM HOLIDAY LETTING

The NSW Department of Planning & Environment has been undertaking a review of planning rules governing short term holiday letting (STHL). Short term holiday letting has been popular in coastal and tourist destinations for many years.

Regulation of STHL varies significantly across the State depending on the planning rules in place and the respective attitudes of councils and communities to the use occurring.

In 2016, the NSW Legislative Assembly Committee on Environment and Planning conducted an inquiry into the adequacy of the regulation of STHL in New South Wales. The Committee's final report was published on 19 October 2016 and made 12 recommendations.

The key recommendations were that the NSW Government:

· amend planning laws to regulate short-term rental accommodation;

· allow home sharing, and letting a principal place of residence, as exempt development;

· allow empty houses to be let as exempt and complying development;

· strengthen owners' corporations' powers to manage and respond to issues in Strata properties; and

· commit to further investigating impacts from STHL on traditional accommodation operators.

Subsequent to this, the Department of Planning issued an "Options Paper" for regulating short term holiday letting for public comment. The options to regulation range from unusual intervention to substantial Government Regulation. At this stage the Government's preferred option has not been finalised.

7. REGIONAL URBAN DESIGN GUIDE

For the first time, the Environmental Planning and Assessment Act now has an Object that relates to good design. In response, the NSW Government Architect has developed the "Better Placed" policy to achieve better urban design, and is now developing a Regional Urban Design Guide and calling for input. The following information has been provided by the Government Architect, but at this stage it remains unclear how a council can require high quality urban design in its development control framework.

Background Information on the Guide

Regional Plans now apply to all of NSW beyond Greater Sydney. These Plans contain actions to prepare urban design guidelines for planning, designing and developing a healthy built environment. To deliver these actions, the NSW Government is preparing an urban design guide for regional NSW.

Good urban design can add to the community's cultural, economic and physical wellbeing by creating safe, healthy and socially inclusive places that meet the needs of a broad range of community members.

The Guide would form part of a collection of guidance documents which sit beneath Better Placed- the integrated design policy for NSW developed by GA NSW- and would apply to all of NSW beyond Greater Sydney. Further information about Better Placed can be found at the following website:

http://www.governmentarchitect.nsw.gov.au/thinking/integrateddesign-policy

It is intended that the Guide would be a non-statutory document. This recognises that urban design is a wide-ranging discipline, with related policy contained in a broad range of policies prepared by the federal, state, and local governments.

Objectives of the Guide

· Produce a guide which aligns with the over-arching objectives and values of Better Placed- the integrated design policy for NSW developed by GA NSW.

· Identify overarching design principles which respond to the challenges and opportunities in regional cities, centres, towns and villages in regional NSW

· Provide design guidance which addresses the unique characteristics, issues and challenges for different regions.

· Demonstrate how good built environment outcomes and design processes can be achieved through case studies across regional NSW

· Produce a guide which can be used by a range of different audiences, including state and local government, urban design professionals, developers, builders, home owners and the general community.

8. REFORM TO PLANNING RULES GOVERNING ADVERTISING SIGNAGE

The Department of Planning and Environment has advised of a review of State Environmental Planning Policy 64 - Advertising & Signage.

State Environmental Planning Policy 64 - Advertising & Signage (SEPP 64) sets out planning controls for advertising and signage in NSW. The SEPP requires signage to:

· be compatible with the future character of an area;

· provide effective communication in suitable locations; and

· be of high quality design and finish.

Further, the SEPP regulates signage, provides time limited consents, regulates the display of advertising in transport corridors, and ensures that public benefits may be derived from advertising in and adjacent to transport corridors.

Recent changes in SEPP 64 include:

· banning advertisements on parked trailers on roads, road shoulders footpaths and nature strips, excluding advertising associated with the primary use of the trailer, eg tradie’s trailer and public authorities;

· requiring consent for displaying signage on trailers parked on private land in view from roads, road shoulders, footpaths and nature strips;

· allowing advertising in transport corridors permissible with consent from the Planning Minister or delegate across NSW; and

· minor updates to clauses, terms and definitions.

The change to ban trailer advertising came into effect on 1 March 2018. All other changes came into effect on 29 November 2017.

The changes will introduce $1,500 fines for individuals and $3,000 for businesses who advertise on trailers parked on roads, footpaths, nature strips and road shoulders, or where trailer advertising is displayed on private land without development consent. Local council will be the regulatory authority.

9. PLANNING PORTAL

The NSW Department of Planning & Environment have been progressively rolling out its Planning Portal. The Planning Portal tool provides access to information to assist members of the public with preparation, lodgment and tracking of applications. At this stage information on many of council's planning provisions, e.g. zoning etc., is available on the Portal.

The Department has foreshadowed a move towards online lodgment of applications through the Portal. This would apply to the majority of applications. Implementation of the online applications is, however, progressing slowly and no clear timetable for regional NSW has been provided.

It is anticipated that the customer interaction at time of lodgment will change significantly once introduced, with greater focus on ensuring that documents are submitted and uploaded before official lodgment. There will also be changes to the way councils’ fees are paid. This has implications for the customers and the counter service arrangements which will need to be reviewed once full details are known.

ITEM 13 - LOCAL DEVELOPMENT PERFORMANCE MONITORING 2015-2016

REPORT IN BRIEF

Reason For Report	For the information of council
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Assess and determine development applications, construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\LAND USE AND PLANNING\REPORTING\LOCAL DEVELOPMENT PERFORMANCE MONITORING - 904085

Director of Environmental Services' REPORT

The NSW Planning and Environment 2015-16 Local Development Performance Monitoring report has been released and can be viewed on the department’s web site.

The Local Development Performance Monitoring provides an annual overview of the performance of the NSW planning system and information on local and regional development determined by council, private certifiers and regional planning panels.

In the reporting period Cabonne Council determined 172 development applications with a total capital investment value of $28.8m. Of those applications 168 were approved. The mean nett processing time for all DAs was 40 days, with a median nett processing time of 25 days.

During the timeframe council issued 78 Construction Certificates, while an additional 47 Construction Certificates were issued within the LGA by private certifiers. Concil issued 7 Complying Development Certificates with a mean gross determination time of 15 days. Private certifiers issued 26 Complying Development Certificates within the LGA.

By way of comparison, Blayney Council during the same reporting period determined 146 DAs valued at $13.5m, issued 70 Construction Certificates and 2 Complying Development Certificates. Mean net processing times for DAs was 42 days with median net processing time recorded as 32 days.

Cowra Council determined 136 DAs valued at $14.3m, and issued 91 Construction Certificates along with 33 Complying Development Certificates. The mean net processing time for DAs was 33 days with a median net processing time of 28 days.

The State average net days processing times for all DAs (based on 152 LGAs) in 2015-16 was 52 days.

ITEM 14 - HERITAGE ADVISOR'S REPORT

REPORT IN BRIEF

Reason For Report	Providing councillors with a copy of the Heritage Advisor's report.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.3.2.b - Heritage advisory service provided
Annexures	1. Heritage Advisors Report - March 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 904325

Director of Environmental Services' REPORT

A copy of the Heritage Advisor’s Report for March 2018 is attached for the information of the council.

ITEM 15 - STATUS OF DEVELOPEMENT CONSENT - DA 2016/128

REPORT IN BRIEF

Reason For Report	Information requested by council
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a Assess and determine development applications, construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	Nil
File Number	\Development Applications\DEVELOPMENT APPLICATION\2016\03-2016-0128 - 904501

Director of Environmental Services' REPORT

Council at its meeting of 27 February 2018 resolved to refuse a modification application by Westlime Quarries P/L to vary conditions 28 and 29 of DA 2016/218 for a limestone mine at 115 Canomodine Lane, Canowindra. The notification was issued to the proponent in accordance with council’s resolution.

A request for a report regarding negotiations for condition 29 was also made at the February meeting. This matter is now before the Land and Environment Court and it would be inappropriate to comment further on the matter.

ITEM 16 - DEVELOPMENT APPLICATIONS RECEIVED DURING FEBRUARY 2018

REPORT IN BRIEF

Reason For Report	Details of development applications received during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 901840

Director of Environmental Services' REPORT

Development Applications have been received during the period 01/02/2018 to 28/02/2018 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
Section 68 Only x 7	$----
Modification to Subdivision (8 Lots)	$----
Modification for Alterations & Additions to Dwelling	$----
Modification to Storage Shed	$----
Modification to Storage Facility for Age of Fishes Museum	$----
Modification to Demolition of Existing Dwelling & Construct Replacement Dwelling	$----
Temporary Auction Event to sell Cars & Collectables	$----
10 Lot Rural Subdivision	$----
Alterations to Existing Premises	$----
Temporary Event	$----
Storage Shed	$30,000
Dwelling	$117,832
Alterations & Additions	$4,600
Installation of 3 LPG Tanks	$50,000
Storage Shed	$12,000
Dwelling	$250,000
Alterations & Additions to Existing Dwelling	$48,000
Alterations & Additions to Existing Dwelling	$50,000
Detached Storage Shed Extension	$18,420
Alterations & Additions to Community Children’s Centre	$450,780
Garage	$40,100
Demolition & Construction of a Dual Occupancy	$350,000
Storage Shed	30,000
TOTAL: 29	$1,451,732

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
Dwelling with Attached Double Garage & Porch	$326,615
New Dwelling & Attached Garage	$285,000
TOTAL: 2	$611,615
*GRAND TOTAL: 31*	*$2,063,347*

ITEM 17 - DEVELOPMENT APPLICATIONS APPROVED DURING FEBRUARY 2018

REPORT IN BRIEF

Reason For Report	Details of development applications approved during the preceding month.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Provide efficient and effective development assessment
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 901447

Director of Environmental Services' REPORT

Development Applications have been approved during the period 01/02/2018 to 28/02/2018 as detailed below.

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

TYPE	ESTIMATED VALUE
Section 68 Only x 8	$-----
Modification to Storage Shed	$-----
Modification to Dwelling	$-----
Temporary Event	$-----
Temporary Auction Event selling Cars & Collectable	$-----
Garage	$9,500
Storage Shed	$35,000
Detached Garage	$8,000
Resurface Existing Tennis Courts	$104,000
Rural Fire Station - Cumnock	$400,000
Alterations & Additions	$4,600
Storage Shed	$30,000
Alterations & Additions to Existing Dwelling	$550,000
Storage Shed	$12,000
Patio	$12,000
Extension to Existing Dwelling	$60,000
TOTAL: 15	$1,225,100

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

TYPE	ESTIMATED VALUE
Dwelling	$80,000
TOTAL: 1	$80,000

GRAND TOTAL:	$1,305,100
*Previous Month: 16*	$2,045,742

ITEM 18 - MEDIAN PROCESSING TIMES 2017

REPORT IN BRIEF

Reason For Report	To provide information on median processing times.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a. Assess and determine development applications,construction certificate applications and Onsite Sewerage Management Systems (OSMS) to meet agreed service levels
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 904301

Director of Environmental Services' REPORT

Summary of median Application Processing Times over the last five years for the month of February:

YEAR	MEDIAN ACTUAL DAYS
2013	41
2014	45
2015	27.5
2016	19
2017	28

Summary of median Application Processing Times for 2018:

MONTH	MEDIAN ACTUAL DAYS
January	36
February	24.5
March
April
May
June
July
August
September
October
November
December

ITEM 19 - BURIAL STATISTICS

REPORT IN BRIEF

Reason For Report	To provide information on burial statistics.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.1.a - Maintain cemeteries in accordance with community requirements
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\PUBLIC HEALTH\CEMETERIES\REPORTING - BURIAL STATISTICS - 904293

Director of Environmental Services' REPORT

YEAR	NO OF BURIALS
2006/07	59
2007/08	62
2008/09	57
2009/10	65
2010/11	40
2011/12	54
2012/13	54
2013/14	80
2014/15	66
2015/16	64
2016/17	41
July	7
August	8
September	9
October	7
November	4
December	4
January	4
February	0
March
April
May
June
Total	43

Item 10 Ordinary Meeting 27 March 2018

Item 10 - Annexure 1

ENGINEERING EXPENDITURE and PROJECTS FOR 2017/2018
MARCH 2018 REPORT	Budget	Actuals
14 - Administration	$4,864,500
Plant Fund Plant Purchases	$3,333,886	$1,235,433
Replace Council's Website	$69,000	$40,000
Connellys Store Upgrade – internal upgrade.	$72,436	$8,580.60
Telephone System Replacement landline	$80,500	$63,390.00
Orange Depot -Installation of Security Fence and Gate	$34,500	$21,780
Training Room - Fit Out	$6,000	$0.00
Orange Depot - Lunchroom & Storage for Equipment	$11,500	$3,043.64
Corporate Performance Reporting Tool	$57,500	$56,588
Replace Printer / Copier Fleet - Includes 16 Small Printers -5 Large Multifunction Devices	$198,375	$0
Mobile Purchase Order Approvals Device	$29,095	$0
Refurbishment of Canowindra HACC Office and Library	$230,000	$600.00
Yeoval Depot - Supply and Install Air Conditioner	$2,990	$2,232.82
Cumnock Depot - Supply and Install Air Conditioner	$2,990	$2,227.27
Replace Waluwin Alarm and Access Control System	$17,250	$0
Large Format Printer Scanner for Cudal Office	$17,250	$0
Redundant Network Links - Using the NBN install redundant network links to offices, depots	$57,500	$4,606
Purchase of Asset Management Software and Necessary Training	$100,000	$32,225.00
Gscan Vehicle tester	$17,250	$13,600
E Approvals - Software and Implementation -Environmental Services to process DA's Electronically	$46,000	$0
Hitech Support - 40 Hours Assistance	$9,775	$8,480
Configuration of Spectrum Spatial Analyst - Exponaire's replacement	$57,500	$0
16 - Public Order & Safety	$413,694
Moorbel Bush Fire shed	$38,287	$17,403.41
The Ponds Extension	$22,111	$1,840.91
Lidster Fire Station	$240,000	$16,514.55
Cumnock RFS Station	$400,000	$13,139
North Bangaroo RFS Station	$200,000	$18,110
19 - Environment	$3,303,126
Install Solar Security at Council's 6 Waste Management Facilities	$207,000	$0
Voluntary Purchase – 14 Cooper St, Eugowra. 5 Betts Street, Molong	$345,000	$0
Molong Floodplain - Flood Levee	$21,551	$31,681,.25
Molong Old Gasworks Site - Establish Car Park /Open Space Precinct	$14,950	$0
Canowindra Stormwater Drainage - Stage 1	$200,000	$413.50
Puzzle Flat Creek Levee	$2,426,625	$248.80
Eugowra Storm Water - Plan for 17/18 Budget	$88,000	$0
22 - Housing & Community Amenities	$131,611
Canowindra Cemetery - Upgrade /complete internal driveways and pathways	$57,500	$0
Molong Cemetery - Upgrade/complete internal driveways and pathways	$47,086	$9,723
24 - Cabonne Water	$15,617,364
Water Assets - Electronic Meter Roll Out	$244,088	$0
Water Assets - Telemetry Base Infrastructure	$73,140	$0
Water Assets - Molong Cumnock and Yeoval Installation of Gateways and Receivers for New Meter Conn	$54,280	$0
Water Assets - Molong Cumnock and Yeoval Base Infrastructure for Integration of Smart Meters	$78,545	$1,102
Water Assets - Hydrant maintenance and inspection	$40,250	$0
Reservoir Cleaning	$11,500	$0
Calibration of Water treatment plant	$11,500	$3,676.30
Turbidity meter testing	$14,950	$0
Contingency plant for Backwash system	$23,000	$0
Online Chlorine Monitoring	$115,000	$0
Water Pipeline Project	$14,951,111	$0
26 - Small Town Sewer	$373,750
STSS Assets - Cudal STP - Inlet Structure	$40,250	$23,792.33
Inlets and Outlets for the 4 Town Sewer	$92,000	$0
Telemetry installation for Sewer	$92,000	$17,355.11
Additional E1 replacements & repair of pumps	$115,000	$41,711.80
STSS Assets - Manildra STP Inlet Structure	$34,500	$21,143.27
27 - Cabonne Sewer	$886,793
Sewer Assets - All Weather Bypass and Thistle St Pump Station Electrical Upgrade	$120,060	$0
Sewer Assets - Canowindra Sewer - Sludge Disposal Treatment Rectification	$80,577	$11,325
Sewer Assets - Molong STP - Sludge Disposal Treatment Rectification	$140,000	$33,150
Sewer Assets - Eugowra STP Inlet Structure - Construct New Inlet Structure	$34,626	$0
Sewer Assets - Mechanical Mixers - Upgrade of Aeration System at the Molong STP	$132,030	$0
Sewer Assets - Main pump at Canowindra STP	$80,500	$0
Sewer Assets - Safety issues at Canowindra STP	$80,500	$0
Sewer Assets - Thistle Street Pump station	$218,500	$0
28 - Recreation & Culture	$4,513,447
Village Enhancement Program (VEP) 2017/2018	$2,000,000	$55.44
Cudal Hall Refurbishment (continued from 2016/2018)	$55,814	$79,258
Cumnock Showground - New Amenities Building	$160,000	$117,026.63
Age of Fishes Museum - Fossil Storage Facility	$600,000	$20,055
Molong Library - Establishment /Refurbishment / Construction	$1,293,052	$1,420
Pool Cleaners - 4 shallow pool cleaners for the wading pools	$10,925	$0
Manildra Pool - Remove and Replace Loose edges on tiles around small and large pools	$20,700	$17,961
Canowindra Pool - Upgrade power to Kitchen Powerboard	$2,875	$2,654
Eugowra Pool - Replace 4 Pumps	$15,870	$0
Regulation Signage for 6 pools as per Pool Audit	$100,000	$4,157
Safety Equipment - Defibrillators and Backboards for all Pools	$31,625	$23,771
Cumnock Pool - Replace Collapsed Inlet Lines to Wading Pools	$11,500	$13,705
Manildra Pool - New Chlorine Acid Controller	$11,500	$11,533
Cudal Pool - Remove and Replace loose edges on tiles	$6,900	$7,967
Molong Pool - Remove and repalce loose edge tiles around small pool	$11,500	$7,796
Molong Multiprupose Sports Facility - Lighting	$207,000	$144,687
32 - Mining Manufacturing & Construction	$307,874
Molong Quarry Limestone Storage Shed	$307,874	$297,610,51
34 - Transport and Communication	$9,894,185
Local Road Construction - Urban Reseal Program	$334,906
Pye St, Eugowra- Lot 2	$13,650	$9,414
Local Road Construction - Rural Reseal Program	$1,108,340	$392,434
Davys Plains Road	$92,583	$58,039
Kerrs Creek Road	$12,500	$3,578
Ophir Road	$11,000	$6,469
Baldry Road	$174,000	$66,983
Belgravia Road	$24,000	$18,490
Borenore Road	$18,000	$10,129
Bowan Park Road Lot 1	$12,000	$10,000
Bowan Park Road Lot 2	$24,000	$22,034
Euchareena Road	$30,000	$11,314
Eurimbla Road	$87,000	$29,712
Garra Road	$47,000	$30,102
Long Point Rod	$57,000	$49,932
Lower Lewis Ponds Road	$59,000	$12,774
Lyndale Road	$15,440	$6,622
Moorbel Drive	$65,500	$50,408
Square Road	$66,000	$48,288
Local Road Construction - Heavy Patching	$1,286,150	$682,457
Baldry Road	$57,500	$67,855
Betts Street, Molong	$90,000	$26,329
Bowan Park Road	$63,000	$46,859
Four Mile Creek Road	$33,000	$23,550
Gavins Lane	$60,000	$25,317
Gazzard Road	$48,000	$8,207
Gumble Road	$51,000	$31,735
Icely Road	$135,000	$82,453
Long Point Road (at Burrendong Way intersection)	$10,000	$138
Longs Corner Road	$67,800	$52,984
Mulyan Road	$18,300	$15,515
Obley Rod	$70,320	$45,186
Ophir Road	$75,000	$86,608
Orchard Road	$30,000	$18,493
Packham Drive	$65,000	$44,720
Paytens Bridge Road	$81,000	$55,256
Strathnook Lane	$49,500	$26,758
Thomas Kite Lane, Windera	$30,771	$30,808
Additional Heavy Patching –not allocated
Forest Reefs Road	$100,000	$63,529
Pye Street Eugowra	$85,000	$64,225
Local Road Construction - Gravel Resheeting	$924,352	$531,821
Avenel Road	$48,300	$22,759
Baldry Road	$32,200	$17,592
Bowans Lane	$32,200	$12,603
Bulgus Road	$32,200	$9,424
Carrolls Road	$32,200	$18,379
Cashen Lane	$32,200	$16,528
Cowriga Road	$32,200	$17,782
East Guyong Road	$32,200	$20,874
Favell Road	$32,200	$21,241
Glasson Road	$32,200	$10,972
Gowan Road	$32,200	$0
Greenbah Road	$32,200	$16,371
Heckendorf Road	$32,200	$16,177
Kangaroobie Road	$48,300	$22,084
Kildara Road	$32,200	$25,845
Lookout Road	$35,650	$13,960
Meadow Bank Road	$32,200	$17,899
Pinecliffe Road	$64,400	$24,153
Reedy Creek Road	$48,300	$25,063
Rocky Ponds Road	$32,200	$21,044
Rutherford Lane	$32,200	$18,520
Scenic Drive	$32,200	$21,416
Seales Lane	$18,500	$18,894
Strathmore Lane	$32,200	$18,106
Trajere Road	$21,275	$8,103
Yellowbox Road	$71,300	$38,023
Projects as determined:-	$203,840
Byng Road	$32,000	$15,349
Bocobra Road	$32,000	$12,218
Lewis Ponds Road		$0
Townsend Road		$0
Nanami Lane	$22,000	$1,861
Local Road Construction - Submission list	65,450
Extension of Seal for Griffin Road	$65,450	$0
Local Road Construction - Road To Recovery	$1,421,807
Belgravia Road Sealing $400,000 R2R, $485,500 Council	$885,500	$869,933
Gumble Road Sealing	$536,307	$272,316
Packham Drive Stage 4, R2R	$279,977	$6,938
Bocobra Road Shape & Seal R2R	$111,980	$97,076
Ophir Road - Road Widening Reconstruct Longitudinal Drainage & Seal	$341,774	$7,455
Davys Plains Road - Intersection Improvements Gavins Lane	$598,930	$115,540
Regional Road Construction - RMS Safety Program	$900,000
Cargo Road overtaking lanes - Quarry Hill	$900,000	$670,899
Regional Road Construction - RMS Repair Program	$440,000
MR238 (Nangar Road) Widen 4.3-6.6km from Warraderry Way (50/50 with RMS)	$580,000
Regional Road Construction - Heavy Patch & Reseal Program	$611,355
Heavy Patching - Cargo Road	$70,000	$70,828
Heavy Patching - Warraderry Way	$180,000	$110,549
Heavy Patching - Burrendong Way	$180,000	$60,541
Reseals - Nangar Road	$100,800	$0
Reseals - Banjo Patterson Way	$81,000	$0
State Roads
MR377 The Escort Way - Reedy Creek Stage 2	$616,000	$426,816
HW7 - North Molong Rehabilitation	$1,597,695	$409,985
Heavy Patching	$529,000	$326,938
Reseals	$950,000	$54,065
MR359 Shoulder (segment 50)	$132,984	$41,627
MR359 Prime and seal Boree Creek Bridge, Peabody Road, new signage	$22,665	$
Bridge Construction - Local Bridges	$1,581,250
Eurimbla Bridge, Cumnock	$1,581,250	$23,518
Footpath Construction	$94,223
Belmore St Canowindra (School to Charlotte St)	$35,000
Charlotte St, Canowindra (Belmore St to Tilga St)	$25,000
Kerb & Guttering Construction	$102,130

Stormwater Drainage Construction	$165,000
Culvert works from AMP list	$178,250	$35,246
Drainage for William Street, Molong	$165,000	$65,725
Carried Forward and Revotes from 2016/2017
Packham Drive Stage 4, R2R	$279,977	$6,937
Bocobra Road Shape & Seal R2R	$111,980	$97,075
Ophir Road - Road Widening Reconstruct Longitudinal Drainage & Seal	$341,774	$7,455
Davys Plains Road - Intersection Improvements Gavins Lane	$598,930	$115,539
Footpath Maintenance	$100,000	$30,257
Kerb & Guttering Maintenance	$13,000	$7,031
Gidley Street Molong Upgrade of Drainage Infrastructure	$195,000	$123,625
Mill Street Canowindra Stormwater Drainage	$80,000	$17,288
Spring Hill Road Bitumen Seal	$100,000	$82,509
Stapleton's Road Gravel Resheeting	$26,000	$27,158
Toogong Village Streets Bitumen Seal	$19,000	0
Waterhole Creek Road Gravel Resheeting	$26,000	$18,819
Table Drain Maintenance	$88,000	$33,472
Reseal Davy's Plains Road	$92,583	$58,039
Reseal Gowan Road	$17,137	0
Reseal Kerrs Creek Rd	$12,500	$3,578
Reseal Ophir Road	$11,000	$6,468
Reseal Vittoria Road	$34,500	$0
Eurimbla Bridge Side Track	$44,626	$5,422
Footpath maintenance	$100,000	$30,257
Kerb Ramps at Various Locations	$48,000	0
Culvert works 16/17 - From AMP list	$178,250	$67,164
Cudal Depot - Installation of Security Fence and Gate	$31,228	$30,800
Molong Depot - Workshop - Replace Diesel and Petrol Fuel Tanks	$108,395	$93,949
Cordon's Store Refurbishment – Skylights and whirly-birds installed, facia and gutter replaced.	$30,475	0
Molong Office Chambers Painting Window	$3,800	0
Connelly's Store Molong - External Painting, Building Surrounds	$13,000	0
Manildra Depot Gutters and Facia	$10,000	0
Molong Depot - Lunch & Amenities Gutters and Facia	$6,500	0
Cudal Depot - Lunch Room & Amenities Gutters and Facia	$2,800	0
Refurbish Site Offices at Landfill Sites	$17,504	0
Cargo Landfill Closure	$34,813	$13,143
Rotary Park - Upgrade Toilets – Painting and tiling	$8,625	0
Cumnock Show Ground Amenities Block – E-One installation	$5,750	0
Eugowra Memorial Park Toilets – painting	$3,500	0
Honan Reserve Refurbishment - Gutters and Facia	$4,500	0
Cudal Hall Refurbishment	$55,814	$79,258
Painting Fascia's Gutter Manildra Hall	$6,545	0
Canowindra Pool Shade Structures	$11,745	$8,619
Molong Multi-Purpose Sports Venue	$83,257	$109.225
Canowindra Rugby Shed – internal plumbing	$8,500	0
Molong Recreation Ground – travelling irrigator	$4,500	0
Eugowra Memorial Park Shelter	$3,500	0
Manildra Kiewa Street Car Park	$5,480	$7,632
Reedy Creek Tennis Club house - Gutters and Facia	$2,500	0
Canowindra Caravan Park Toilets – painting and tiling	$9,258	0
Molong Water Treatment Plant Filter Review	$28,488	0
Water Assets - Molong High Level Reservoir	$33,787	0
Water Assets - Reinstatement of Water Main Infrastructure	$47,530	0
Water Assets - Molong Water Mains: Kite Street Water Main	$73,175	0
Water Assets - Cabonne Telemetry Network	$7,268	0
Water Assets - Monitoring Flow from the Molong Creek Dam	$60,260	0
Water Assets - Telemetry Unit Installations	$141,680	0
Water Assets - Water Reservoir Maintenance	$20,010	0
Water Assets - Weirs Maintenance	$12,880	0
Water Assets -Annual audits for pump stations	$13,225	0
Water Assets - Molong Water Mains : Mitchell Highway Water Main Renewal	$33,005	0
Water Assets - Molong Water Mains : Wellington St : Water Main Renewal	$33,005	0
Water Assets - Molong Cumnock and Yeoval Water Reticulation	$4,472	0
Canowindra Eugowra and Molong Asset Reval	$23,000	0
Canowindra Sewer Reticulation - Golf Club Irrigation	$59,918	0
Canowindra Pump Station 1 ( Anzac Road) replace Inlet Valve	$6,935	0
Water Assets - Linking of Molong Water Retic	$9,011	0
Eugowra STP - Earth Works of Embankment rehab for Inlet Ponds	$16,243	0
Age of Fishes marketing	$21,989	$3,450
Museums Operations and Maintenance	$388,578	$5,874

STATE ROADS

MR377 Reedy Creek Stage 2

Works have been completed on The Escort Way Reedy Creek Shoulder Widening and Pavement Rehabilitation. Council’s contractor undertook sealing of 640m on the 20 July, and the remaining 400m was sealed on the 8 August. These works included a 350-metre long concrete dish drain at the base of the rock face cutting.

North Molong Pavement Rehabilitation

Preliminary investigation works have been completed on the pavement rehabilitation works on the Mitchell Highway from the intersection of Edward Street and Hill Street to the 60/100 speed zone at North Molong. The length of the project is 1.7km. These works will be carried out under the Roads Maintenance Council Contract (RMCC) with Council and is fully funded by the RMS. Council has commenced widening of the drainage structures. The asphaltic pavement works were undertaken by RMS’s contractor and the works commenced on 13 November 2017 and will be completed by the 1^st December 2017. The line marking to be undertaken by Council’s contractor, Monday 4^th December.

Council commenced pavement works in early January 2018. Drainage works including culvert extensions and concrete dish drains are also under construction.

The project also includes the replacement of the safety barrier fences at Boree Hollow Creek, the rail over bridge and Moss Hollow Creek.

Moss Hollow Bridge to the Molong Sewage Treatment Works was sealed on the 9 February. The SK Kerb commenced on the 12 February by Council’s contractor and 810 metres of concrete kerb throughout the job will be completed by the 20^th February.

Heavy Patching and Reseals

RMS have allocated $529,000 for Heavy Patching and $950,000 for Reseals on State Roads.

The Routine Maintenance budget for State Roads is $515,000.

The State Roads Heavy Patching programme commenced 9 October at Eugowra, and works were completed on all RMS State roads 17^th November. Additional Asphaltic Concrete works were undertaken at Eugowra’s Pye Street intersection due to the turning of trucks.

The State Road reseal project has been completed.

REGIONAL ROADS

Cargo Road Overtaking Lanes

Works commenced on 3 July 2017 at the Quarry Hill Overtaking Lane, south of Cargo. Vegetation and culvert works have been completed. The overtaking lane is north bound towards Cargo. Bitumen sealing was completed on the 15 September, and Council’s contractors completed linemarking and safety rail on the 5 October 2017. The final seal for Cargo Road Overtaking Lanes will be undertaken by Councils contractors in early March.

RMS REPAIR Program 2017/2018

The RMS REPAIR program for 2017/2018 is to fund shoulder widening on MR238 Nangar Road 4.3 to 6.6km from Warraderry Way intersection. This is a 50/50 contribution from RMS and Council for a total of $580,000 for this project. The project will commence in April.

NSW Government Fixing Country Roads – Banjo Patterson Way Widening Project

Banjo Paterson Way Widening Project was successful under Round Three of the NSW Governments Fixing Country Roads Program for $4,010,629 and a contribution from Cabonne Council of $545,858. Design and development is currently under way this financial year, with works to be undertaken over the next two financial years.

Heavy Patching

Heavy Patching on Cargo Road, Burrendong Way and Warrederry Way regional roads has been completed. The reseal program is to be undertaken by Council’s contractors in March.

LOCAL ROADS

Roads To Recovery

Council has completed the final section of road works on Belgravia Road, including vegetation clearing, drainage works and sealing of 1.6 kms. The 3.8km stae 1 and 2 of this project is now completed. Stage 3 will commence in April.

The 1.45km of Gumble Road Sealing was completed on 21 December 2017.

Davys Plains Road - Gavins Lane intersection works commenced with the clearing and drainage works completed. This also involved the excavation works to place gabion rock and gio fabric under the road base. Works will recommence in late February early March to complete this project.

Bocobra Road, from the Henry Way Parkes end, has been completed with 2.9km sealed on the 23 October.

The final seal for Packham Drive and Ophir Road will be completed in early March.

Gravel Resheeting

The Gravel Resheeting program is nearing completion with works completed on Avenel Road, Baldry Road, Byng Road, Bocobra Loop Road, Bowans Lane, Bulgas Road, Carrolls Lane, Cashen Lane, Cowriga Road, East Guyong Road, Favell Road, Glasson Road, Gowan Road, Greenbah Road, Heckendorf Road, Kangaroobie Road, Kildara Road, Lookout Road, Meadow Bank Road, Nanami Lane, Pinecliffe Road, Reedy Creek Road, Rocky Ponds Road, Rutherford Lane, Seales Road, Scenic Drive, Strathmore Lane, Trajere Road, Waterhole Creek Road and Yellowbox Road.

Maintenance Grading

Maintenance grading works have been undertaken on the following roads Whitelys Road, Boomey School Road, Finch Road, Strathmore Lane, Rutherford Road, Whiteheads Road, Sandy Creek Road, Bocoble Gap Road, Boomey Lane, Jennings Lane, Pecks Road, Carrolls Road, Gundong Road, South Bowan Park Road, Nanami Lane, Baghdad Road, Frisby Lane, Sussex Lane, Toogong Road, Battys Lane, Cranbury Road, Traves Lane, Barnes Lane, Barnes Track, Waldergrave Road, Greening Lane, Caves Creek Road, Long Rod, Strachan Road, Underwood Road, Offner Road, Old Canobolas Road, Mt Lofty Road, Bevan Road, Glenelga Road, Townsend Road, Molong Urban streets.

Sealed Road Maintenance

Maintenance works have been undertaken on Packham Drive, Amaroo Road, Pinecliffe Road, Norah Creek Road, Gundong Road, Kurrajong Road, Sandy Creek Road, Gavins Lane, Davys Plains Road, Casuarina Drive, Four Mile Creek Road, Cadia Road, Forest Reefs Road, Borenore Road, Spring Terrace Road, Spring Hill Road, Vittoria Road, Akhurst Road, Tantallon Road, Clergate Road, Lookout Road, Long Point Road, Gowan Road, White Rocks Road, Icely Road, Favell Road, Byng Road, Deervale Lane, Pinnacle Road, Urban Streets.

Sealing

Spring Hill Road Sealing (revoted from 2016/17 budget) has been completed. Reseals have been completed on the following roads - Square Road, Moorbel Drive, Bowan Park Road, Borenore Road, Long Point Road, Belgravia Road, Kerrs Creek Road and Longs Corner Road.

Heavy Patching

Heavy Patching has been completed on Baldry Road, Bowan Park Rod, Four Mile Creek Road, Gavins Lane, Gazzard Road, Gumble Road, Icely Road, Long Point/Burrendong Way, Longs Corner Road, Mulyan Road, Obley Road, Ophir Road, Orchard Road, Packham Drive, Patens Bridge Road, Strathnook Lane, Thomas Kite Lane, Forest Reefs Road, Pye Street Eugowra. Works have commenced at Betts Street Molong from Euchareena Road to the Multi Purpose Centre.

DRAINAGE

Ophir Road table drainage scouring works have been completed.

The new culvert structure and approaches have been completed on Burgoon Lane.

Mill Street Stormwater Drainage, Canowindra

Works commenced early July to improve 420m of drainage at Mill Street Canowindra. These works have been completed.

Gidley Street Molong Upgrade of Drainage Infrastructure.

Stage 1 - Stormwater Drainage Works commenced by Council’s Contractor in Gidley Street, Molong, on the 17 July. The works are between Hill Street and Bank Street to upgrade the drainage infrastructure. These works are completed.

BRIDGES

Eurimbla Bridge, Cumnock.

The contractor has mobilised at the site for the erection of the bridge components. The construction of the bridge is expected to complete by the end of the April 2018. After construction of the bridge Council will commence the construction of the approach roads.

Central Tablelands water security for the Regions – Orange to molong Pipeline Project stage 1

· The design and construction Ammerdown (Orange) to Molong Creek Dam Pipeline and associated break tank have been completed practically.

· The design of Molong to Cumnock and Yeoval pipeline has been completed

· Council received a letter of approval in-principle for the one operational and four non-operational railway crossings under the Molong to Cumnock and Yeoval Pipeline.

· Council received approval for Dredging and Reclamation for the 11 Creek crossings from Department of Primary Industries (DPI) – Fisheries under the Molong to Cumnock and Yeoval Pipeline.

· Council received consent from the Department of Industry – Lands for the acquisition of easement on Crown land for the pipeline.

· Council received approvals for water supply works and the Crown Land construction licence from DPI-Water and Department of Industry – Lands respectively.

· The contractor for the construction of the Molong to Cumnock and Yeoval Pipeline mobilised at the site. The construction of the Molong Gidley Street pump station has been started and earthworks/foundation works in proposed Cumncok reservoir site is being started from the next week.

· Council is yet to receive railway crossing construction licence (intrusion works) from John Holland Rail.

NOXIOUS WEEDS DEPARTMENT

Work carried out since the last report.

· Councils St Johns Wort program has been completed

· Johnson grass control work has been completed in the south western area of the shire

· Attended Lachlan Valley committee meeting

· Bathurst burr and Blackberry treatment program is currently under way

· 2 private works jobs treating blackberry have been completed

URBAN SERVICES AND UTILITIES SECTION UPDATE

· Commenced Village green Molong landscape works

· Tree planting program ongoing

· Nursery completed in Canowindra

· Canowindra sewer effluent reuse rectification project completed

· Canowindra STP sludge lagoon removal works completed as per EPA requirement

· Molong STP sludge lagoon removal works completed as per EPA requirement

· Bank St new garden materials purchased

· Upgrade works on Hunter Caldwell irrigation system complete

· Water main breaks completed as required

· New water and sewer connection works for new amenities building completed at Cumnock showground

· Sewer main breaks completed as required

· Sewer chokes completed as required

· Extensive grit removal works completed on Canowindra SPS’s

· Closure and proper shut down of pools completed as pools progressively closed up until end of March

· Street tree pruning works completed

· Graffiti removal works completed

· Budget submission investigational works completed

· Arrangements placed for the external hire of Councils mini roller to the Cricket Association as per the Mayors request

· Irrigation audit and consequent works completed in Canowindra at Morris Park and the Sports Ovals

· Hydrant inspection program commenced

PROJECTS UPDATE

The current status of the main projects are as follows:

1. Molong Multi-Purpose Sports Facility - Lighting

· Handing over documents and claims to be finalised

2. Age of Fishes Museum Storage Facility

· Tender evaluation has been completed

3. HACC Building - Awning

· Awaiting for structural design from the Consultant

4. Cargo Waste Facility Landfill Closure Project

· Construction of retaining wall is in progress

5. Cudal Recreation Ground Shade Shelter

· Construction is in progress

6. Molong Community Hall Kitchen

· Oven and dishwasher to be installed

7. Orana House

· Scope of works to be finalised

8. Molong Truck Wash

· Design to be done

9. Banjo Paterson Way Widening

· Deed to be finalised with Restart NSW

10. Pipeline – Molong to Cumnock and Yeoval

· Construction is in progress

Apologies were received from Sgt. Colin Sheil (NSW Police) and Mr Robert Cohen (Cabonne Council)

RECOMMENDATION – Unanimous That the apologies be accepted

THE COMMON SEAL OF CABONNE COUNCIL was hereto affixed this day of 2017 in pursuance of a resolution passed on the day of 2017

Mayor (Signature)		Acting General Manager (Signature)

Name of Mayor (Print Name)		Name of Acting General Manager (Print Name)