Agenda of Ordinary Meeting - 30 October 2018

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 - 956420

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 - 956421

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 - 956422

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 - 956424

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 - 956425

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 - 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. September 25 2018 - Ordinary Council Meeting Minutes ⇩ 2. October 16 2018 Extraordinary Council Meeting Minutes ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\COUNCIL - MINUTES - 2018 - 956427

Recommendation

THAT the minutes of the Ordinary meeting held 25 September 2018 and the Extra Ordinary meeting held 16 October 2018 be adopted.

General Manager's REPORT

The following minutes are attached for endorsement:

1. Minutes of the Ordinary Council meeting held on 25 September 2018.

2. Minutes of the Extra Ordinary Council meeting held on 16 October 2018.

ITEM 7 - NASHDALE ACTION GROUP

REPORT IN BRIEF

Reason For Report	Request for Council representative to the Nashdale Action Group
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.c Provide appropriate mechanisms for democracy and participation for Cabonne residents
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\LIAISON\NASHDALE ACTION GROUP - NAG - 966736

Recommendation

THAT Council appoint a delegate and alternate to the Nashdale Action Group for the 2018-2020 years.

General Manager's REPORT

In line with other Cabonne villages, the Nashdale community have established a progress association to be called Nashdale Action Group. Meetings will align with the existing framework of the Nashdale Hall Committee - with hall business starting the meeting followed by the Nashdale Action Group discussing more general issues relating to the wider community. The existing Nashdale Hall Committee meetings are held quarterly and attract attendance from user groups and key community groups including school P&C, CWA and Nashdale sports and social club.

The Nashdale Action Group believe this is an ideal forum for council engagement and have requested a council delegate attend the meetings.

ITEM 8 - DECEMBER 2018 AND JANUARY 2019 COUNCIL MEETINGS

REPORT IN BRIEF

Reason For Report	To discuss options relating to the December 2018 and January 2019 council meetings.
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 - 966547

Recommendation

THAT:

1. Council hold its ordinary meeting for December 2018 on either Tuesday 11 December or Tuesday 18 December;

2. Council not conduct an ordinary meeting in January 2019 due to the restricted timeframe available; and

3. An extraordinary meeting be conducted in January or February if necessary.

General Manager's REPORT

Council’s December meeting falls on 25 December 2018. In order to process any outcomes of the meeting prior to the Christmas break, it is proposed that the December meeting be brought forward to either the scheduled workshop day of Tuesday 11 December or the following week to Tuesday 18 December to enable business transacted at the meeting to be implemented.

In addition, Council has traditionally considered the conduct of a meeting during January not necessary, due to the limited business to be transacted and the availability of councillors and staff in this period. Should any urgent matter arise during January which requires consideration at a Council meeting, this can be done by arranging for an extraordinary meeting to be called.

ITEM 9 - APPOINTMENT OF SECTION 355 COMMITTEE - ORANA HOUSE CANOWINDRA

REPORT IN BRIEF

Reason For Report	Seeking authorisation to establish a S355 committee to maintain and manage Orana House
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.4.c - Complete the refurbishment of Orana House
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\MAINTENANCE\CANOWINDRA ORANA HOUSE - 968296

Recommendation

THAT Council:

1. Subject to not receiving direction from the Council as to the consideration of any particular matter by the Council itself and subject to the requirements of the Local Government Act 1993 and Regulations thereunder and any express policy of the Council or regulations of any public authority other than the Council and pursuant to the powers conferred on Council by s377 of the Local Government Act 1993, the Orana House Trust Committee be authorised to exercise or perform on behalf of the Council the powers, authorities, duties and functions as follows:

a. The care, control and management of Orana House, Lot 126 DP 1105484, Ferguson Street, Canowindra

2. Appoint a delegate to the Orana House Trust Committee.

General Manager's REPORT

Under section 355 and 377 of the Local Government Act 1993, Council is able to delegate some of its functions to a Committee of Council. Council uses this delegation and appoints community people to manage facilities or functions through a section 355 committee. Section 355 allows Council to exercise a function of Council by a committee of the Council; and Section 377 allows Council to delegate functions of Council.

The refurbishment project of Orana House is near completion and the community members involved in the project have notified council that they have formed an Orana House Trust Committee and have requested a council delegate to the committee. It would seem appropriate to formalise the committee by appointing them a Section 355 committee of council, for the care, control and management of Orana House.

ITEM 10 - COMMUNITY CENTRE AND LIBRARY

REPORT IN BRIEF

Reason For Report	To put forward future planning for combined community centre and library.
Policy Implications	Will require compliance with S23A Capital Expenditure Guidelines
Budget Implications	To be determined
IPR Linkage	3.3.2.b - Construct the new Molong Library
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\DESIGN AND CONSTRUCTION\MOLONG - PROPOSED NEW LIBRARY AND COMMUNITY MEETING ROOM - 970374

Recommendation

THAT Council authorise expenditure of $25,000 from the Capital Works reserve to procure design and cost options for a community centre incorporating library and learning centre on land situated on the site of the current Molong community hall and adjoining council land.

General Manager's REPORT

Councillors would be aware of the pending application for funding in Round 2 of the Regional Cultural Fund for library and learning centre in Molong. Following an onsite inspection by councillors and staff of the existing Mitchell Room and Molong community hall, it has been suggested that concept designs be prepared in relation to the possible replacement, not only of the Mitchell Room, but also the community hall with a more modern multi-purpose community centre incorporating library and learning centre.

The drawing up of plans of a suggested design will enable cost options to be obtained with a view to entering into community consultation whether to proceed with such a proposal. Such consultation would be required under the
“Capital Expenditure Guidelines” established pursuant to S23A of the Local Government Act 1993. These guidelines require extensive community consultation and enable the financial impact of the project to be quantified, identified and controlled.

It is estimated that preparation of detailed plans would cost in the vicinity of $25,000.

ITEM 11 - INTEGRATED PLANNING & REPORTING - OPERATIONAL PLAN FIRST QUARTER REVIEW

REPORT IN BRIEF

Reason For Report	To provide Council with the first quarter review for the 2018/2019 Integrated Planning & Reporting Operational Plan.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.1.a. Provide quality administrative support and governance to councillors and residents
Annexures	1. IPR First quarter review 2018 2019 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\CORPORATE MANAGEMENT\PLANNING\INTEGRATED PLANNING AND REPORTING 2018-2019 - 967817

Recommendation

THAT, subject to any alterations the Council deems necessary at the October Council meeting, the update of the Operational Plan to 30 September 2018, as presented be adopted.

Director of Finance and Corporate Services' REPORT

The Local Government Act requires Council to consider a quarterly report on the review of its annual Operational Plan.

The purpose of this report is to allow Council to assess its performance against its agreed objectives, actions and strategies.

The first quarter updates for the Integrated Planning & Reporting Operational Plan for 2018/2019 is attached which shows the culmination of the actions and strategies undertaken during that quarter.

ITEM 12 - QUARTERLY BUDGET REVIEW

REPORT IN BRIEF

Reason For Report	To advise Council of the present position of the 18/19 Budget and to submit changes to the budget for approval and inclusion
Policy Implications	Nil
Budget Implications	Yes
IPR Linkage	4.5.5.h - Provide, maintain and develop financial services and systems to accepted standards - satisfying regulatory and customer requirements
Annexures	1. Sept 18 QBR Final ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\QUARTERLY FINANCIAL STATEMENTS - QBR - 965035

Recommendation

THAT Council note the variances in the report and authorize those changes to be included in the 2018/2019 Council Budget.

Senior Accounting Officer's REPORT

The Quarterly Budget review is presented to Council to provide fair and reasonable information to the Councillors and the community, with regard to the current state of the budget.

The first report of this year takes a slightly different format from previous reviews, and it is hoped that the information will be more reader friendly.

The impact of the variances listed on pages 5 & 6 of the attached document are shown in the projected end of year result. The overall impact on the budget, due to the changes listed in the report, is a favorable credit balance of $233,055.

The additional builds of several new bushfire sheds, totaling $710,572, have been noted. These costs are matched with the receipt of capital income for the builds.

The Molong Truck Wash project is another project identified in this review. The total cost of the project is $648,675 with $505,060 to be received in grant funding and the remainder paid by Council, from the Capital Works Reserve.

Additional grant funding for After School Care and Family Day care amounting to $127,175 has been acknowledged. This has been offset against expenditure and the transfer of the balance to reserves.

The funds remaining for the Roads to Recovery from 2017/2018 have been allocated to Icely Road and to Belgravia Road, in the current year. Those funds amount to $784,394. However, it is expected that the scope of works will exceed that funding by approximately $266,203. A separate report is to be presented to the October Council meeting detailing this matter and advising of the funding source for the funds required.

In this review an adjustment has been made to the Operating income to be received this year of $2,411,188. This represents the Financial Assistance Grant for General Purpose and Roads, paid in advance and received in 2017/2018, for the current year. The adjustment has been balanced against the transfer of that amount from the reserve.

ITEM 13 - REQUEST FOR FINANCIAL ASSISTANCE WITH LEGAL COSTS - CITY OF SYDNEY COUNCIL, NORTH SYDNEY COUNCIL AND BAYSIDE CITY COUNCIL

REPORT IN BRIEF

Reason For Report	For Council to determine if it wishes to provide financial assistance
Policy Implications	Nil
Budget Implications	Possible financial assistance of $2,177.31
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\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\LOCAL GOVERNMENT NSW - ASSISTANCE WITH LEGAL COSTS - 965558

Recommendation

THAT Council contribute $2,177.31 towards legal costs incurred by City of Sydney Council, North Sydney Council and Bayside City Council.

Administration Manager's REPORT

A request has been received from Local Government NSW (LGNSW) requesting Council’s assistance with legal costs incurred by City of Sydney Council, North Sydney Council and Bayside City Council in respect of an appeal of the Land and Environment Court’s decision in Karimbla Properties v Council of the City of Sydney; Bayside City Council and North Sydney Council [2017] NSWLEC 75. The judgement can be viewed on the Land and Environment Court’s website.

The Board of LGNSW resolved to approve applications for legal assistance made by the City of Sydney Council, North Sydney Council and Bayside City Council in accordance with the LGNSW Legal Assistance Policy and Guidelines (November 2015).

The LGNSW Board considered that this case is of importance to local government throughout NSW.

By way of background, the case concerns the interpretation of section 516(1)(a) of the Local Government Act 1993, being the categorisation of rateable land as “residential”. The Land and Environment Court held that land, on which development for the purposes of a residential development was being carried out in accordance with a development consent, is to be categorised as “residential”, even though building construction was not complete and occupation certificates for use of buildings for residential accommodation had not been granted. The Court also found that Karimbla Properties are entitled to refunds of any rates paid for the land as a result the land being categorised by the councils as “business”.

The three councils appealed that Land and Environment Court’s decision. The Court of Appeal heard the matter in July and has reserved its decision. Judgement is expected later in the year.

Cabonne Council are requested to contribute $2,177.31 to this matter. There is no obligation on Council to provide financial assistance.

ITEM 14 - NSW PUBLIC LIBRARIES CONFERENCE 2018

REPORT IN BRIEF

Reason For Report	For Council to consider sending delegate/s to the NSW Public Libraries Conference 2018
Policy Implications	Attendance at conferences to be approved at a Council meeting where possible in keeping with Council policy
Budget Implications	Councillor's expenses provision
IPR Linkage	3.3.2.a - Operate libraries according to the service agreement with Orange City Council
Annexures	1. NSWPL Annual Conference Program ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY SERVICES\LIBRARY AND PUBLIC INFORMATION ACCESS\PUBLIC LIBRARIES NSW - 968002

Recommendation

THAT Council consider whether it wishes to authorise delegates to attend the NSW Public Libraries Annual Conference and AGM in Coffs Harbour from Tuesday 27 November to Friday 30 November 2018.

Administration Manager's REPORT

The NSW Public Libraries Annual Conference 2018 will be held at Coffs Harbour from Tuesday 27 November to Friday 30 November. This will include the Public Libraries NSW Annual General Meeting on Friday 30 November. All member councils are encouraged to send delegates.

Full standard registration for the conference is $700 (plus GST) per delegate.

A copy of the Conference Program is attached. Further details are available at NSWPLA - Annual Conference 2018

ITEM 15 - AUSTRALIA DAY 2019

REPORT IN BRIEF

Reason For Report	Notifying councillors of the schedule for Australia Day 2019
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.4.1.e Facilitate Australia Day events annually
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\AUSTRALIA DAY 2019 - 967897

Recommendation

THAT Council note the schedule for Australia Day 2019.

Administration Officer's REPORT

Preparations for Australia Day 2019 are underway with registration for the Ambassador program lodged with the National Australia Day Council.

Based on previous years it is expected that the Australia Day Ambassador will be announced in late November 2018.

Official Party Timetable

Council’s Australia Day Policy states:

Visits to various Australia Day celebration events throughout the Cabonne LGA by the Official Party shall be based on a three-year rotating cycle with provision for adding or deleting localities as required.

The rotation has been as follows:

2016 – Cumnock, Molong and Eugowra

2017 – Mullion Creek, Cargo and Canowindra

2018 – Borenore/Nashdale, Cudal, Manildra and Yeoval.

In 2019, the Official Party will visit Cumnock, Molong and Eugowra.

Nominations

Nominations for Citizen of the Year, Young Citizen of the Year and Community Group of the Year have opened and have been advertised extensively in all local media.

Council has received notification from the Australia Day Council that a NEW award category has been introduced for 2019 - The Environmental Citizen of the Year Award.

The award will recognise individuals and organisations championing litter reduction and/or environmental initiatives in their local community.

In partnership with Return and Earn, Council is encouraged to introduce the Environmental Citizen of the Year Award as part its Citizen of the Year Awards Program.

Local recipients of this Environmental Citizen of the Year Award will go in the running to become the state winner and receive a grant valued at $5,000 from Return and Earn to go towards their community initiative.

Nomination forms are available to download from Council’s website and Facebook page and hard copies are available at its Molong, Cudal and Canowindra offices.

All Australia Day Committees/Progress Associations and schools have also been sent nomination forms.

Nominations will close 5pm on Friday 9 November 2018 for determination at the Australia Day Awards Committee Meeting to be held on Tuesday 27 November 2018 after the Ordinary Council Meeting.

Promotion and Determination

Councillors are asked for their continued support by spreading the word in their local area now that nominations are open. To maintain the community involvement and transparency of the process councillors may ONLY nominate in cases where no nominations have been received.

Council continues to encourage all Australia Day Committees to continue with their Australia Day celebrations and have offered support by way of promotion of their events and Council representation on the day for award presentations for those towns not included in the official itinerary this year.

ITEM 16 - YEOVAL ANNUAL SHOW 2019 & 2020

REPORT IN BRIEF

Reason For Report	For Council to determine whether it wishes to apply for a declaration as a public holiday or a local event day
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\RECREATION AND CULTURAL SERVICES\EVENTS MANAGEMENT\YEOVAL ANNUAL SHOW - 967916

Recommendation

THAT Council lodge a formal biennial application for the proclamation of part-day public holidays from 8:30am to 7:00pm, for that portion of the township of Yeoval, which is in the Cabonne Council area on Tuesday 14 May 2019 and Tuesday 12 May 2020 for the Yeoval Annual Show.

Administration Officer's REPORT

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

The Act permits the Minister for Industrial Relations to declare a local public holiday, or a local event day, for the whole or part of the Council's local government area. This may be limited to a particular location in the Council's area, such as the boundaries of a particular town or a police district in an area nominated by the Council.

The application may request the declaration of a part-day local public holiday or local event day to accommodate the holding of an afternoon event. In recent years, a number of councils have made part-day public holiday applications to reduce costs to local business while facilitating the holding of, and attendance at, local and regional events.

In determining whether to apply for a local public holiday, or a local event day, Council should consider the costs to regional businesses and local communities in the declaration of a local public holiday within the designated area. It is expected that the Council will undertake a public consultation process, including consultation with relevant stakeholders, such as the local chambers of commerce, local banks, major employers and local schools located within the designated area.

Where it is proposed to request a part-day local public holiday, the Council should consider the impact on local schools and on the transport of school students who attend school on the day. In this regard, it is expected that the consultation process with local schools will take account of the transportation arrangements for students who attend school on the day.

Applications may be made for the declaration of public holidays and local event days (and part days) over a consecutive two year period for holding or celebration of annual events, such as a local show day, race day or carnival.

Declaration of a Local Public Holiday Vs Local Event Day

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

The public holiday provisions contained in the National Employment Standards of the Fair Work Act 2009 (Cth) apply to local public holidays declared under the Public Holidays Act 2010. This means that all employees irrespective of their former entitlements and whose place of work is within a local public holiday area will be entitled to be absent from work on the day or part day that is the local public holiday or part holiday. In addition, employees who work on the day or part day may then have an entitlement to penalty rates under a relevant award.

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

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

What This Means for Cabonne Council

In previous years Council has approved to lodge a formal application on behalf of the Yeoval Annual Show which to get the best travelling displays and exhibitors holds the show mid-week in between the Wellington and Orange Shows.

It should be noted that in 2013 the Australia Hotels Association (NSW), on behalf of its members, submitted an expression of concern regarding the impact of a full local public holiday due to businesses being required to pay employees extended penalty rates. It was there on decided by Council in 2013, 2014, 2015, 2016 and 2017 that a part day public holiday from 8:30am to 7:00pm was the best option based on the advice.

Due to the timeframes of the event being from 8:30am until 7:00pm it is anticipated that if a part-day public holiday is granted Yeoval Central School will close for the day and St Columba’s Catholic School in Yeoval will continue to run the standard bus lines.

2019 & 2020 Yeoval Annual Show

Council have received an application from Yeoval PA & H Society Inc. for part day public holidays for the Yeoval Annual Show for two years, Tuesday 14 May 2019 and Tuesday 12 May 2020.

Council has again advertised and received submissions from the following key stakeholders and residents of Yeoval:

Submission From	Meets Criteria	Comments
Yeoval Central School - Nicole Bliss - Principal	Yes	Supports local part day public holiday. Is the largest event in the small community and is vital to the community calendar. 78 year tradition. Teaching and non-teaching staff work at the show in-lieu of a school day as gate operators and judges. They also show animals and produce from the Agricultural Department with students.
Yeoval P A & H Society Inc - Sharon Cantrell - Secretary	Yes	Show is in its 79th year, largest event in community and brings hundreds of visitors on the day. Yeoval is unable to attract a weekend date on the established show run with Orange and Wellington holding weekends either side. Show day draws together all the organisations and businesses in the village who help run a successful and profitable day. Being declared a part day public holiday enables all school children and teachers to attend.
Yeoval & District Progress Association - Alf Cantrell – Secretary	Yes	Supports local part day public holiday. It’s our major event in town for the year and draws hundreds of visitors to our village for the day. On the show day nearly everyone in town participates in entering, helping run and actively participating in show activities. From school children to UPA residents the Yeoval Annual show encompasses them all. The Show remains the highlight of the Yeoval calendar.
Resident - Peter & Kim Munro	Yes	Suggested a half day holiday to allow for feeding stock in the morning. Expressed concerns for a full day public holiday being granted as they employ 4 fulltime staff that normally work on a Tuesday and would need to be paid penalty rates and would also be disruptive to their enterprise.

Should the Council wish to apply for the declaration of a local public holiday or local event day, it will be necessary for the application to be forwarded to NSW Treasury, by Friday 16 November 2018.

Council has the options to apply for a Part Day Local Public Holiday or Local Event Day: based on past dealings it is recommended that a Part Day Local Public Holiday be applied for.

ITEM 17 - PECUNIARY INTEREST RETURNS 2018

REPORT IN BRIEF

Reason For Report	Advising that as required by Section 450A of the Local Government Act (1993) the Pecuniary Interest Returns for the 2017/2018 period are to be tabled.
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\PERSONNEL\DISCLOSURE\STAFF PECUNIARY INTEREST RETURNS 2018 - 967421

Recommendation

THAT Council note the tabling of Pecuniary Interest Returns for the period to 30 June 2018 for councillors and designated persons.

Administration Officer's REPORT

Pecuniary Interest Returns (Returns) for the period to 30 June 2018 must be tabled at the Council meeting immediately following 30 September each year.

All councillors and designated staff have submitted their Returns.

ITEM 18 - CABONNE SCHOOLS PRESENTATION DAY

REPORT IN BRIEF

Reason For Report	Council has been invited to donate a prize to each school presentation day in Cabonne
Policy Implications	NIL
Budget Implications	To be funded from Council's s.356 budget allocation
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 968231

Recommendation

THAT Council:

1. Sponsor a $50 prize to each primary and secondary school in Cabonne;

2. Authorise Councilor’s to attend school presentations if invited,

Acting Community Services Manager's REPORT

Council traditionally makes a donation to each school in Cabonne to sponsor a prize for their Annual Presentation Night. This has been very well received by each school and is a good way of recognising students that have made outstanding achievements in the area of citizenship.

There are 19 schools within Cabonne with two of these, Yeoval and Molong, having students in both primary school and high school. If prizes were to be awarded to both the high schools and primary schools on these sites there would be a total of 21 prizes to be awarded at $50 each, this being a total of $1,050.

Council usually provides a certificate for presentation with the prizes and the schools will often invite their local Councillor to make the presentation. Each school will be asked to purchase their prizes from local businesses where possible.

Should Council wish to make a donation there remains $6,860 in the s.356 budget allocations for this financial year. Donations so far this year are:

$250 Eugowra Mural Committee

$377 Canowindra Men’s Shed

ITEM 19 - REQUEST FOR DONATION

REPORT IN BRIEF

Reason For Report	For Council to consider the requests for donations received
Policy Implications	NIL
Budget Implications	To be funded from existing s.356 budget allocation.
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Sponsorship Proposal Orange Lions Club Camel Races 2019 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\COMMUNITY RELATIONS\SPONSORSHIP - DONATIONS\SPONSORSHIP - DONATIONS - 2018 - 968326

Recommendation

THAT Council donate $500 to the Orange Lions Club for their Easter Camel Races event.

Acting Community Services Manager's REPORT

Orange Lions Club are holding their annual Easter Camel Races on Easter Sunday 21 April 2019. This event aims to raise money for Give Me 5 For Kids, which is a charity that provides assistance to the Children’s Ward at the Orange Local Area Health Service.

The Camel Races is a family event with approximately 7,000 people attending.

In 2018 the event raised $45,000 for Give Me 5 For Kids. This money remained in Orange and was used to purchase a Paediatric Bronchoscope and a C Mac Video Machine for the Children’s Ward. This specialised equipment means that local families do not have to travel to Sydney for treatment.

The Children’s Ward at the Orange Local Area Health Services provides specialist treatment for children within the wider region. Council has been approached to sponsor this event to the value of $500 which will provide the following media opportunities:

· Acknowledgement in race program including logo

· Acknowledgement on sponsors board at the race

· Acknowledgement on event website and social media

· Noted as a sponsor of one of the 7 camel races

Should Council wish to make a donation there remains $6,860 in the s.356 budget allocations for this financial year. Donations so far this year are:

$250 Eugowra Mural Committee

$377 Canowindra Men’s Shed

ITEM 20 - CANOWINDRA FISH FOSSILS - DEED OF GIFT TO AUSTRALIAN MUSEUM

REPORT IN BRIEF

Reason For Report	To inform Council of the latest negotiations regarding a proposal to transfer ownership of the Canowindra Fish Fossils to the Australian Museum.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.2.1.a - Maintain current level of support to museums in Cabonne
Annexures	1. Council Presentation ⇩ 2. Canowindra Deed of Gift AM 210617 ⇩ 3. Canowindra Permanent Loan Agreement version 2 July 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 969626

Recommendation

THAT Council:

1. Enter into a Deed of Gift and Permanent Loan Agreement to transfer the ownership of the Canowindra Fish Fossils to the Australian Museum.

2. Affix the Council seal to the Deed of Gift between Cabonne Council and the Australian Museum.

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.

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.

After a lengthy delay, the Crown Solicitor recommended that the simplest and most effective means of proceeding with the proposal would be to sign a simplified Deed of Gift donating the Collection to the Australian Museum which would then provide the collection to the Age of Fishes Museum under a standard permanent loan agreement.

Council was concerned that several clauses in the permanent loan agreement may not guarantee the fossils remained in Canowindra in perpetuity and returned the agreement to the Australian Museum to revise.

Current Situation

The Australian Museum has provided Council with a revised agreement which addresses Council’s concerns.

On 11 September 2018, the Director of the Australian Museum’s Research Institute Dr Rebecca Johnson and the Museum’s Branch Head, Life and Geosciences, Mr Cameron Slatyer, addressed a Council workshop to discuss the Deed of Gift.

In her presentation, Dr Johnson said:

1. The Australian Museum had revised the Deed of Gift and permanent loan agreement to address the previous concerns of Council making it explicit the Australian Museum has no intention of moving the fossils.

2. The Australian Museum is committed to the fossils staying in the Cabonne Shire, where they can be displayed, managed, researched and promoted for the benefit of the region.

3. The Australian Museum is committed to assisting with the curation of the fossils at the Age of Fishes Museum to achieve their deserved scientific recognition.

4. There are long-term mutual benefits to this collaboration, including insurance of the fossils, curatorial expertise, promotion to the scientific community, the public and visitors to the Age of Fishes Museum and Australian Museum.

These benefits were further outlined as:

a) Insurance – As part of the Australian Museum collection, the fossils would be covered by the Australian Museum’s insurance (this is also the case for the Somerville Collection at the Australian Fossil and Mineral Museum in Bathurst);

b) Fossil care and curation – registration of the fossils making them discoverable to the international science community and provide advice on storage, data-basing, display;

c) Expertise – Access to the expertise of our palaeontology curator and other experts who can translate the latest fossil research to the community and assist with exhibition text, images and design;

d) Promotion – Opportunity for Canowindra and the Australian Museum to work together to cross-promote and gain support for outreach activities; and

e) New technology – we propose scanning the fossils with latest 3D scanning equipment allowing high resolution 3D rendering and 3D printing. This increases access of the fossils to the whole community.

A copy of Dr Johnson’s presentation is attached as an annexure, as well as the revised Permanent Loan Agreement and the Deed of Gift.

ITEM 21 - EVENTS ASSISTANCE PROGRAM

REPORT IN BRIEF

Reason For Report	For Council to consider applications for funding under the 2018-2019 Events Assistance Program
Policy Implications	Nil
Budget Implications	Up to $1,500 to be funded from the 2018-2019 Events Assistance Program
IPR Linkage	4.4.1.c - Provide assistance to community groups
Annexures	1. Rotary club of Orange EAP application ⇩ 2. EAP application Canowindra Lions Club ⇩
File Number	\OFFICIAL RECORDS LIBRARY\ECONOMIC DEVELOPMENT\REPORTING\COUNCIL REPORTS - 969705

Recommendation

THAT Council:

1. Approve $1,000 funding under the 2018-19 Events Assistance Program (EAP) to Rotary Club of Orange for the 2019 Banjo Paterson Australian Poetry Festival.

2. Approve $500 funding under the 2018-19 Events Assistance Program (EAP) to Canowindra Lions Club for the Canowindra Coming Together in Aid of Farmers

Community Engagement and Development Manager's REPORT

Council has received two applications under the 2018/2019 Events Assistance Program (EAP).

Application 1

Organisation: Rotary Club of Orange

Event: 2019 Banjo Paterson Australian Poetry Festival

Date: 17-24 February 2019

Requested Amount: $5,000

Reason for Funding: Contribution towards marketing and printing

Event Description

The 2019 Banjo Paterson Australian Poetry Festival is an eight-day event, conducted throughout the Orange, Cabonne and Blayney regions. It is a family event to mark the fact that Banjo Paterson was born and spent some of his childhood years in the area. It celebrates Australian poetry and is aiming to attract 4,000 people to various events during the week.

Key events in 2019 will include:

1. Banjo Paterson Dinner at Molong;

2. Banjo Paterson Original Poetry Competition in Orange;

3. Banjo Paterson Breakfast at Banjo Paterson Park, Orange;

4. Breakfast and Poetry on the Pavers in Orange;

5. Poet’s Brunch and casual performances at Yeoval;

6. Wrath of Grapes poetry event at Heifer Station Winery;

7. Banjo Paterson Night Market in Orange;

8. Market Day in Orange;

9. Poetry workshops in schools in Cabonne and Orange areas;

10. Self-drive tours of the area.

Assessment

The Banjo Paterson Australian Poetry Festival is an established event in the region and meets the EAP funding objectives of a core event. It’s aim is to attract visitors to the region and in recent years it has expanded to include more Cabonne-based events.

Cabonne Council provided $2,000 in EAP funding to the festival in 2017. However, in August this year, Council allocated $1,000 to the Molong Advancement Group to assist in the operation of the inaugural Banjo Paterson Dinner on the Molong Village Green. This will be the signature activity in Cabonne during the Banjo Paterson Festival.

Providing EAP funding of $1,000 to the Rotary Club of Orange this year would keep the total allocation for the Banjo Paterson Festival at a similar level to 2017.

Application 2

Organisation: Canowindra Lions Club

Event: Canowindra Coming Together in Aid of Farmers

Date: 3 November 2018

Requested Amount: $500

Reason for Funding: Contribution towards catering

Event Description

The inaugural Canowindra Coming Together in Aid of Farmers is planned for Morris Park, Canowindra between 12pm and 4pm on Saturday 3 November 2018.

The event is being conducted by Canowindra Lions, who will provide free catering, children’s activities and stalls to provide information and advice to farmers. Representatives of the NSW Department of Primary Industry and the Rural Adversity Mental Health Program will be on hand.

The Lions Club expects about 300 people to attend.

The event is an initiative of the Canowindra Lions Club to raise the spirits of the local community, particularly farmers, during the drought, which is having a crippling effect on this rural area.

Similar to the recent Rally Till It Rains in Yeoval, the gathering would provide the opportunity for the Canowindra community to come together and momentarily escape the effects of the drought and to support each other, in what has been a particularly difficult time.

Assessment

The inaugural Canowindra Coming Together in Aid of Farmers meets the Events Assistance Program guidelines for a developing event for which the level of funding is $500.

ITEM 22 - ROADS TO RECOVERY PROJECT FUNDS.

REPORT IN BRIEF

Reason For Report	To advise Council on the changes required in the Roads to Recovery Program Budget.
Policy Implications	Nil
Budget Implications	Yes
IPR Linkage	1.1.1.a - Complete the annual rural and urban roads maintenance program
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\ROADS and BRIDGES\PROGRAMS\ROADS TO RECOVERY PROGRAM - 2018-2019 - 970686

Recommendation

THAT Council approve the changes detailed in the report for the 2018/2019 Roads to Recovery Project budget.

Director of Engineering & Technical Services' REPORT

As noted in Item 12 Quarterly Budget Review, the available funds for the Roads to Recovery projects on Icely Road and Belravia Road totalled $784,394. The original funding allocation was $936,307, however due to unforeseen ground conditions on the project in the 2017- 2018 Roads to Recovery Program, it left a shortfall of $151,913.

These latent conditions necessitated the inclusion of a drainage subsoil layer to be incorporated between the subgrade and pavement, additionally, the pavement layer was modified and strengthened. The cost of these additional works is $151,913.

The remaining projects in the program, Icely Road reconstruction and Belgravia Road reconstruction also encountered additional cost. The additional cost associated with Icely Road was due to extra tree removal for sight distance, vehicle separation, and rock that required specialist removal. This work is costed at $76,225. The additional cost associated with the Belgravia Road reconstruction was due to the requirement to stabilise the pavement with lime stabilment to lower the Plasticity Index and strengthen it. This work is costed at $38,054.

These works totalling $266,192 can be funded from the Rural Reseal Program carry forward amount from the previous year of $159,874, Urban Reseal program carry forward amount from the previous year of $15,897 and $90,421 from 2018-2019 Rural Reseal program.

ITEM 23 - REQUEST FOR COUNCIL CONTRIBUTION FOR THE EXTENSION OF SEWER MAIN.

REPORT IN BRIEF

Reason For Report	Advising on request for subsidy for sewer extension work.
Policy Implications	The Cabonne Sewer Policy states that property owners may request a 50% subsidy up to an amount of $5,000 when sewer mains are extended to service a property.
Budget Implications	$1,243.63 from the Cabonne Sewer Fund.
IPR Linkage	5.3.3.c - Undertake Cabonne sewer projects
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\APPLICATIONS\TOWN SEWERAGE SYSTEMS - 967406

Recommendation

THAT Council:

1. Approve a 50/50 subsidy to the owner of Lot 2, DP 833003, Wellington Street, Molong, to the value of $5,000.

2. Approve the provision of $1,243.63 to the Cabonne Sewer Fund to increase the available funds from $3,756.37 to $5,000.00.

Director of Engineering & Technical Services' REPORT

The owner of Lot 2, DP 833003, Wellington Street, Molong, is developing the block which includes a subdivision and creation of two lots. The cost of extending the sewer mains to service this property is $11,110.00. The owner has requested for a 50% subsidy for the extension of the sewer mains. This will amount to the maximum allowable subsidy of $5,000.

The owners request is consistent with the Cabonne Sewer Policy. The full amount of $11,110.00 has been received by Council and the sewer mains extension work is underway.

It is recommended that Council approves the 50% subsidy, and increase the budget in the Council Sewer Fund, with $3,756.37 to be taken from the Cabonne Sewer Fund and $1,243.63 to be transferred to the Fund from the Sewer Mains Operations Fund.

ITEM 24 - CANOWINDRA TOWN IMPROVEMENT PROJECTS

REPORT IN BRIEF

Reason For Report	Seeking Council's approval to allocate funding.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	3.3.3.e - Maintain the council's properties to safe operational standards
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\RATES AND VALUATIONS\RATE PAYMENTS\CANOWINDRA TOWN IMPROVEMENT RATE - 970138

Recommendation

THAT the listed projects be funded from the Canowindra Town Improvement Fund.

Director of Engineering & Technical Services' REPORT

A list of projects identified by the local Councillors have been costed. The costings are as follows:

· Purchase of a pallet lifter for the Age of Fishes Museum $1,000

· Concrete path at the walkway to the Swinging Bridge $30,000

· Installation of solar panels at the Age of Fishes Museum $18,000

· Installation of Morris Park weather-proof power outlets $30,000

The current balance of the Canowindra Town Improvement Fund is $1,069,797. The total cost of the projects is $119,000, this would leave a balance of $950,797.

ITEM 25 - 2018 NATIONAL LOCAL ROADS AND TRANSPORT CONGRESS

REPORT IN BRIEF

Reason For Report	Council to nominate a delegate to attend the 2018 National Local Roads and Transport Congress to held 20-22 November in Alice Springs NT.
Policy Implications	NIL
Budget Implications	NIL
IPR Linkage	1.1.3.a - Provide Road Maintenance service to RMS
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNMENT RELATIONS\LOCAL AND REGIONAL LIAISON\AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION - 968896

Recommendation

THAT Council nominate delegates to attend the 2018 National Roads & Transport Congress.

Director of Engineering & Technical Services' REPORT

The 2018 National Local Roads and Transport Congress will be held in Alice Springs, NT from 20 – 22 November 2018.

Council has a standing resolution to have a delegate or delegates attend the annual National Local Roads and Transport Congress.

The National Local Roads and Transport Congress provides Council with the opportunity to hear from leading thinkers and practitioners who are driving the national road and transport agenda.

Cabonne’s delegation in previous years has included the Mayor (or alternate) and the Director of Engineering and Technical Services (DETS).

ITEM 26 - UPDATED SCHEDULE OF PROPOSED VOLUNTARY PURCHASES OF FLOOD AFFECTED PROPERTIES

REPORT IN BRIEF

Reason For Report	Seeking Council endorsement of updated schedule of proposed voluntary purchases of flood affected properties.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.c - Implement Molong Floodplain Management Plan
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\MOLONG FLOODPLAIN - 967046

Recommendation

THAT Council endorse the Updated Schedule of Proposed Voluntary Purchases.

Urban Assets Coordinator's REPORT

Council at its ordinary meeting of 24 May 2016 endorsed a schedule of proposed voluntary purchases. The schedule is as follows:

Current Schedule of Proposed Voluntary Purchases

Financial year	Village	Address	Action
2016/2017	Eugowra	14 Cooper Street	Purchased/demolished
2017/ 2018	Molong	5 Betts Street	Purchased/demolished
2018/2019	Eugowra	To be determined*	Funding offer pending
2019/2020	Molong	7 Betts Street	To be purchased

* The property 10 North Street Eugowra became available later on. Council has been advised that funding will be available from the NSW state government for the purchase of 10 North Street Eugowra. The formal offer is yet to be received.

Council has now been offered another house for purchase in Molong and it is time to update the table of proposed voluntary purchases as follows.

Updated Schedule of Proposed Voluntary Purchases

Financial year	Village	Address
2019/2020	Molong	7 Betts Street
2020/2021	Eugowra	To be determined
2021/2022	Molong	1 Betts Street

All properties eligible for funding from OEH are identified in the appropriate Flood Plan for each village. Council has a preference for potential vendors in Eugowra to relocate within the village. A Eugowra consultative committee also reviews potential purchases and advises Council on the potential for relocation prior to Council’s acquisition of the property.

Council may amend the priority of voluntary purchases at any time.

Acquisition of the properties only proceeds with the direct authorization of Council and with the formal provision of 2/3 funding from the NSW state government. All properties acquired as voluntary purchases are classified as Operational Land.

ITEM 27 - EUGOWRA FLOODPLAIN CONSULTATIVE COMMITTEE

REPORT IN BRIEF

Reason For Report	To obtain council approval for delgate appointment to the committee
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.d - Action voluntary purchase applications
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\COUNCIL PROPERTIES\ACQUISITION AND DISPOSAL\EUGOWRA - 10 NORTH STREET - VOLUNTARY PURCHASE SCHEME - PANCALDI - 970204

Recommendation

THAT council nominate a delegate and an alternate delegate to chair the Eugowra Floodplain Consultative Committee for the council term of 2018-2020.

Director of Environmental Services' REPORT

Council in September 2011 resolved to establish the Eugowra Floodplain Consultative Committee, with the committee to consist of representatives of the Eugowra Progress and Promotion Association and Eugowra Floodplain Risk Management Committee, along with representation for Eugowra’s business sector. The committee also included the council’s Director Engineering and Technical Services and a councillor delegate (as chair).

Council’s Voluntary Purchase property policy states as follows:

All properties in Eugowra being considered for voluntary purchase by council are to first be considered by the Eugowra Floodplain Consultative Committee. The committee will take into consideration in its recommendation to council the availability and cost of suitable housing in Eugowra and any compelling reasons why the seller cannot relocate in Eugowra, for instance, health, age or financial issues.

The committee was not referenced in the council’s September 2018 delegation review. It may be appropriate for the council to nominate a delegate and an alternate to facilitate the continuation of the Eugowra Floodplain Consultative Committee.

ITEM 28 - NETWASTE STRATEGIC RECYCLING PLAN 2018-2023

REPORT IN BRIEF

Reason For Report	To inform council of the preparation of the Netwaste Strategic Recycling Plan 2018-2023
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.3.1.c - Provide facilities to encourage maximum recycling and reuse of all waste streams
Annexures	1. NetWaste Strategic Recycling Plan ⇩
File Number	\OFFICIAL RECORDS LIBRARY\WASTE MANAGEMENT\PLANNING\WASTE REDUCTION STRATEGIES - 969747

Recommendation

That Council endorse the Netwaste Strategic Recycling Plan (2018/2023).

Director of Environmental Services' REPORT

An initiative of the Netwaste council’s following what is known as the China Sword crisis within the waste management industry, has been the development of a Strategic Recycling Plan to redress the current situation. The attached Strategic Recycling Plan 2018-2023 has been developed by the Netwaste project team, with the core aims of achieving:

· Regional independence and adaptability through a unified approach

· Stronger recycling capabilities

· Financial sustainability of recycling services

· Provision of higher quality, less contaminated products and materials for recycling

· Stronger community ownership and understanding of sustainable recycling.

The attached strategic document is based upon the Netwaste regions particular geographic circumstances, and taking into account EPA guidelines.

ITEM 29 - PURCHASE OF LAND FROM TRANSPORT NSW IN WATSON STREET, MOLONG

REPORT IN BRIEF

Reason For Report	To obtain council's resolution to proceed with land aquisition.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.c - Implement Molong Floodplain Management Plan
Annexures	1. Watson Street land. ⇩
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\MOLONG FLOODPLAIN - 970231

Recommendation

THAT:

1. Pursuant to Sections 186 and 187 of the Local Government Act 1993 (NSW) Council compulsorily acquire the land forming part of the Great Western Railway proclaimed in Government Gazette No. 289 of 17.7.1885 Folio 4562 and Government Gazette No. 232 of 9.6.1885 Folio 3629, being the area marked as “Lot 1” on the plan attached to the report (the Land) for the purpose of flood infrastructure in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Council make an application to the Minister for Local Government and the Governor for the compulsory acquisition of the Land.

3. Authority be granted to affix the Common Seal of Council to any acquisition documentation associated with the Land.

4. The land to be acquired is to be classified as Community Land.

Senior Town Planner's REPORT

Council has previously resolved to acquire land in Watson Street, Molong, adjacent the railway line and Molong Creek, from State Rail (John Holland). Due to legislative changes it is now necessary for Council to review and update its resolution to acquire the land to enable the process to receive. Council’s solicitor has provided the appropriate wording for the relevant resolution.

Council considered this report at the September meeting and moved the motion without the attachment referred to being part of the report. It will therefore need to be resolved with the inclusion of the attachment to satisfy legal requirements.

ITEM 30 - EXEMPTION TO THE ALCOHOL PROHIBITED AREA AND ALCOHOL FREE ZONE AT THE VILLAGE GREEN, MOLONG FOR AN APPROVED EVENT HELD IN CONJUNCTION WITH THE BANJO PATERSON FESTIVAL

REPORT IN BRIEF

Reason For Report	To release the restriction for the alcohol free area at the Village Green, Molong for an event
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.3.a - Assess and determine planning and development applications to foster community growth within the shire
Annexures	Nil
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\BUILDING AND DEVELOPMENT APPLICATIONS\REPORTING - DEVELOPMENT APPLICATIONS TO COUNCIL - 968672

Recommendation

THAT Council:

1. Agree to the Molong Advancement Group’s request to suspend the Alcohol Prohibited Order and Alcohol free Zone for the Village Green in Bank Street, Molong for Saturday 23 February 2019.

2. Advertise the abovementioned changes in the Molong Express prior to the event.

Senior Town Planner's REPORT

Council has received a request from Molong Advancement Group and Orange 360 Degrees to temporarily revoke alcohol restrictions that apply to the Village Green for an event held in conjunction with the Banjo Paterson Festival.

Under clause 645 of the Local Government Act there is the ability to either suspend or cancel an alcohol free zone or alcohol prohibited area. This may occur as a result of a request from a person or body, or at the Council’s own initiative. Consultation with the Canobolas Local Area Command Licensing Officer has been undertaken with no objections for the suspension of the alcohol restrictions for the duration of the event.

Should council agree to support the request from Molong Advancement Group and Orange 360 Degrees, the changes will be formally advertised in the Molong Express at full cost to the event organisers.

ITEM 31 - COUNCIL TO AQUIRE EASEMENTS OVER LAND IN EUGOWRA FOR THE PUZZLE FLAT CREEK FLOOD LEVEE

REPORT IN BRIEF

Reason For Report	Compulsorily acquisition of land under Sections 186 and 187 and the Local Government Act.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	5.2.2.b - Construction of Puzzle Flat Creek Levee
Annexures	1. Levee Plans ⇩
File Number	\OFFICIAL RECORDS LIBRARY\SEWERAGE AND DRAINAGE\FLOOD MITIGATION\EUGOWRA PUZZLE FLAT CREEK AND LEVEE - 970236

Recommendation

THAT:

1. Pursuant to Sections 186 and 187 of the Local Government Act 1993 (NSW) Council compulsorily acquire easements over the land described as:

(1) Lot 1 in DP 432838 Eugowra;

(2) Lot 3943 in DP 1200868 Eugowra;

(3) Lot 148 in DP 750182 Eugowra;

(4) Lot 7001 in DP 1125814 Eugowra;

(5) Lot 88 in DP 750159 Eugowra; and

(6) Lot 71 in DP 750182 Eugowra.

as shown in the plans attached to the report for the purpose of flood levee infrastructure in accordance with the requirements of the Land Acquisition (Just Terms Compensation) Act 1991.

2. Council make an application to the Minister for Local Government and the Governor for the compulsory acquisition of the Land.

3. Authority be granted to affix the Common Seal of Council to any acquisition documentation associated with the Land.

4. The land to be acquired is to be classified as Community Land.

5. Should council be able to reach agreement for purchase by private treaty that the purchase proceed by that method.

Senior Town Planner's REPORT

Council has previously resolved to acquire land in Eugowra for the Puzzle Flat Creek flood levee. Due to legislative changes it is now necessary for Council to review and update its resolution to acquire the land to enable the process to receive. Council’s solicitor has provided the appropriate wording for relevant resolution.

ITEM 32 - QUESTIONS FOR NEXT MEETING

REPORT IN BRIEF

Reason For Report	To provide Councillors with an opportunity to ask questions/raise matters which can be provided/addressed at the next Council meeting.
Policy Implications	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 - 956428

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 33 - 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 - 956429

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 34 - 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 - 956430

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 35 - 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 - 956431

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 20 Ordinary Meeting 30 October 2018

Item 20 - Annexure 3

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.
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 below 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, and no alternative arrangements can be made in Canowindra or in a mutually agreed location in the region, 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 Australian Museum (“Museum”, whose details appear in Item 2 of the Key Terms).

BACKGROUND

The Australian 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 Australian 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 in the place described in Item 5 of the Key Terms.

2. The Museum’s Warranties

2.1 The Australian Museum warrants that:

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

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

(d) to the best of the Australian 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 Australian Museum

(i) has received no notice of any claim that may affect any of the promises and warranties the Australian 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 Australian 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 The Australian Museum is responsible for insuring the Objects. The Museum will also:

(a) Undertake cataloguing, digitising and auditing of the Objects for the purposes of routine collection management; and

(b) Provide advice on curation and care.

4.3 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 Australian Museum’s instructions offered under 4.2; 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 Australian 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 Australian 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 Australian 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.

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

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

(i) the Objects are endangered; or

(ii) the Objects can no longer be housed securely in Canowindra or an alternate mutually agreed location.

and

(b) the Australian 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 Australian Museum will insure the Objects against all risks and “wall to wall”.

7.2 Any obligation on the Australian 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 At the review period specified in Item 6 of Key Terms of this agreement, either party may, request a review of the Agreed Value. If the Recipient requests such a review, it will pay the associated costs. The Australian Museum will otherwise assume this cost as part of the normal valuation of the collection to meet state audit requirements.

7.5 If the Objects are lost or damaged, the liability of the Australian 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 and that the intent of this agreement is to ensure this arrangement is permanent to the best endeavours of both parties.

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

(a) the Australian 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 Australian 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 Australian 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 Australian Museum agrees to provide copies of any report arising from such a visit.

9.4 Where the Recipient or the Australian Museum prepares a Condition Report prior to collection or return of the Objects (such as a mutually agreed loan to a third party):

(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 Australian Museum will notify its insurer.

10. Controls and Procedures

10.1 The Australian 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 Australian Museum as soon as practicable;

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

(e) follow the Australian Museums written directions and instructions;

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

11.2 The Australian 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 Australian 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 Australian Museum as the owner of the Objects):

(i) in any catalogue or other publication or communication relating to the Purpose (publicity and display of the Objects);

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

12.5 The Australian 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 Australian 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 15.1 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

OBJECTS:

Description: Fossil Fish (Canowindra)

Dimensions: Fossils (from the Canowindra Fossil Site on Fish Fossil Drive) stored at the Age of Fishes Museum and Canowindra Showground including material on loan to a) National Dinosaur Museum, b) Geoscience Australia, c) the NSW Geological Survey, d) the Royal Tyrell Museum of Paleontology (Canada) and e) the Miguasha Museum (Canada)

Collection Locality: Country: Australia

State/Province: NSW

Region: Canowindra

History of Acquisition: Fossils were excavated in 1993 by Dr Alex Ritchie (Australian Museum) and Cabonne Council

ITEM 1 - 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 - 956434

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 2 - INVESTMENTS SUMMARY

REPORT IN BRIEF

Reason For Report	Information provided in relation to Council's Investment Schedule.
Policy Implications	Nil
Budget Implications	Nil
IPR Linkage	4.5.4.b. Maximise secure income through investments
Annexures	1. Investments Summary September 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 968164

Finance Manager's REPORT

Council’s investments as at 30 September 2018 stand at a total of $46,098,294.

Council’s average interest rate for the month was 2.55%. 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 September. However, Council’s average rate is higher than Council’s benchmark rate of the 30 Day Bank Bill Swap Rate of 1.88%.

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 September 2018 is attached for Council’s information.

ITEM 3 - 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 30 September 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\FINANCIAL MANAGEMENT\FINANCIAL REPORTING\FINANCIAL REPORTS TO COUNCIL - 970494

Senior Rates Officer's REPORT

The Rate Collection Summary to 30 September 2018 is attached for Council’s information. The percentage collected is 36.14% which is similar to previous years.

Reminder notices have been issued for all amounts unpaid for the first rate instalment due 31 August 2018.

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 - 968314

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 allocations of funds processed 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 Minutes - 11 September 2018 ⇩ 2. Councillor Workshop Minutes - 9 October 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\COUNCIL MEETINGS\WORKSHOPS - 968805

General Manager's REPORT

Council workshops were held on 11 September 2018 on the following topics:

· Public Forum – Molong Multi-purpose sports facility

· Australian Museum and Deed of Agreement for AOFM fossils

· Elton Consultants addressing council regarding the review of the BOC Rural & Industrial Lands Strategy

Council workshops were held on 9 October 2018 on the following topics

· Regis Resources update on McPhillimays Gold Project

· Options for installation of solar power at council properties

· Drought Communities Programme

A copy of the notes from the workshops is attached.

ITEM 6 - ENGINEERING AND TECHNICAL SERVICES REPORT - OCTOBER UPDATE

REPORT IN BRIEF

Reason For Report	To update Council on works in 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 October 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\GOVERNANCE\REPORTING\ENGINEERING AND TECHNICAL SERVICES REPORTING - 970318

Director of Engineering & Technical Services' REPORT

Please find attached to this report an update of the 2018-2019 works in progress in the Engineering and Technical Services Department.

ITEM 7 - 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 Advisor's Report - October 2018 ⇩
File Number	\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\REPORTS\HERITAGE - 2018 - 969139

Director of Environmental Services' REPORT

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

ITEM 8 - DEVELOPMENT APPLICATIONS RECEIVED DURING SEPTEMBER 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 - 968582

Director of Environmental Services' REPORT

Development Applications have been received during the period 01/09/2018 to 30/08/2018 as detailed below.

SUMMARY OF DEVELOPMENT APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
Section 68 Only x 6	$----
Temporary Event x 2	$----
Bed & Breakfast	$----
3 Lot Subdivision	$----
Modification to Dwelling with Detached Garage	$----
Modification to Erection of Shed for Use as Bus Depot	$----
Food Premises	$70,000
Dwelling	$120,000
In Ground Swimming Pool	$65,500
Patio – Part Enclosed	$45,000
Dwelling	$388,409
Storage Shed	$79,000
Alterations & Additions to Existing Dwelling	$50,000
Food & Drink Premises	$3,000
Alterations & Additions to Existing Dwelling	$ 190,000
Dwelling with Attached Garage	$558,645
Additions to Existing Dwelling	$22,000
Storage Shed	$27,600
Storage Shed	$93,872
Alterations & Additions to Existing Dwelling	$500,000
Farm Stay Accommodation	$175,000
Carport	$3,500
TOTAL: 28	$2,391,526

SUMMARY OF COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

TYPE	ESTIMATED VALUE
Swimming Pool	$41,395
Above Ground Pool & Decking	$8,000
Storage Shed	$14,600
In Ground Swimming Pool	$32,000
*GRAND TOTAL: 32*	*$2,487,521*

ITEM 9 - DEVELOPMENT APPLICATIONS APPROVED DURING SEPTEMBER 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 - 968598

Director of Environmental Services' REPORT

Development Applications have been approved during the period 01/09/2018 to 30/09/2018 as detailed below.

SUMMARY OF APPROVED DEVELOPMENT APPLICATIONS

TYPE	ESTIMATED VALUE
S68 Only x 6	$-----
Modification to Dwelling with Detached Garage	$-----
Subdivision	$-----
Agricultural Produce Winery – Micro Winery	$-----
Boundary Adjustment	$-----
Relocation of Existing Rotunda from Village Green to Former Gasworks Site	$10,000
Container Shed	$20,000
Dwelling	$120,000
Patio & Deck	$19,300
Signage & Entrance Wall	$20,000
Patio – Part Enclosed	$45,000
Alterations & Additions to Existing Dwelling	$50,000
Alterations to Community Facility (Orana House)	$140,000
In Ground Swimming Pool	$65,500
Dwelling	$388,409
Storage Shed	$79,000
Dwelling with Attached Garage	$558,645
Alterations & Additions to Existing Dwelling	$190,000
Dwelling & Rainwater Tank	$769,450
Alterations & Additions to Existing Dwelling	$500,000
Storage Shed	$27,600
TOTAL: 26	$3,002,904

SUMMARY OF APPROVED COMPLYING DEVELOPMENT APPLICATIONS

TYPE	ESTIMATED VALUE
Storage Shed	$14,600
Swimming Pool	$41,395
In Ground Swimming Pool	$32,000
Above Ground Pool & Decking	$8,000
TOTAL:4	$95,995

GRAND TOTAL: 30	$3,098,899
*Previous Month: 19*	$807,995

ITEM 10 - MEDIAN PROCESSING TIMES 2018

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 - 968600

Director of Environmental Services' REPORT

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

YEAR	MEDIAN ACTUAL DAYS
2013	32.5
2014	21
2015	16
2016	44
2017	34

Summary of median Application Processing Times for 2018:

MONTH	MEDIAN ACTUAL DAYS
January	36
February	24.5
March	22
April	21.5
May	31
June	24.5
July	16
August	17
September	13.5
October
November
December

ITEM 11 - 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 - 968603

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
2017/18	67
2018/19
July	8
August	5
September	7
October
November
December
January
February
March
April
May
June
Total	20

Item 6 Ordinary Meeting 30 October 2018

Item 6 - Annexure 1

ENGINEERING EXPENDITURE and PROJECTS FOR 2018/2019
SEPTEMBER REPORT	BUDGET	ACTUAL
Administration	$3,999,740
Plant Fund	$3,358,440	$34,440
Administration Capital Works/Projects
Training Room - Fit Out	$69,000	$0
Replace Printer / Copier Fleet - Includes 16 Small Printers, 5 Large Multifunction Devices	$198,375	$0
Modelling Software for Rates, Water and Sewer	$23,000	$0
Large Format Printer Scanner for Cudal Office	$17,250	$0
Cudal Office - Refurbishment of Existing Toilets	$18,625	$0
Canowindra Depot - Repair and Replace Electronic Roller Doors Controller	$13,800	$0
Molong Office - Timber Repairs, Internal Painting and Replacement of Carpet	$172,500	$0
Overhead Cranes	$100,000	$0
Upgrade Electrical Switchboard at Molong Workshop	$28,750	$0
Public Order & Safety	$17,250
New Animal Shelter	$17,250	$0
Environment	$2,761,355
Fabrication of 3 9M3 Skip Bins for Waste Recycling	$19,780	$11,340
Voluntary Purchase - 5 Betts Street, Molong	$300,000	$0
Molong Old Gasworks Site - Establish Car Park /Open Space Precinct	$14,950	$599
Puzzle Flat Creek Levee	$2,426,625	$190
Housing & Community Amenities	$87,256
Molong Cemetery - Purchase of land for expansion of cemetery	$9,200	$0
Canowindra Cemetery - Upgrade /complete internal driveways and pathways	$57,500	$0
Additional Beams for Molong Cemetery	$13,225	$0
Beam Extensions - To fit in with new mapping & denomination design Various	$3,306	$0
Public Conveniences	$4,025	$0
Refurbishment of Exterior of Bank Street Toilets	$4,025	$0
Cabonne Water	$9,497,382
Restart NSW Pipeline Stage 1	$9,411,132	$0
Purchase of Land for Cumnock Service Reservoir Construction	$9,600	$0
Project Mgt Non Cap ' Administration	$80,000	$0
Project Mgt Cap ' Administration	$250,000	$0
Survey & Develop Route	$22,187	$0
Develop Drinking Water Implementation Plan	$70,000	$0
Detail Design of Preferred Option	$5,000	$0
Land Acquisitions Licences and Easements	$150,000	$29,603
Final design Review Non Cap	$20,000	$0
Final Design Review Cap	$5,000	$0
Spec of Pipelines,Town Water Reservoir & Pumpstation	$10,000	$0
Tender of Reticulation Construction	$5,000	$0
Award of Reticulation works in Cumnock & Yeoval	$5,000	$0
Construct Retic Works Cumnock & Yeoval	$1,384,131	$0
Construct Stage 1 - Orange to Molong	$40,000	$3,774
Commissioning Stage 1	$5,000	$0
Construction of Stage 2 - Molong to Cumnock and Yeoval	$7,350,214	$5,276,470
Water Capital Works & Projects
Water Assets - 30.8cfm Air compressor at Molong Treatment plant	$86,250	$0
Small Town Sewer	$129,000
Small Town Sewer Management Expenses	$129,000	$0

Cabonne Sewer	$91,000
Sewer Management Expenses	$91,000	$0
No Work Order	$91,000	$0
Recreation & Culture	$2,238,000
Swimming Pools
Canowindra Pool - Expansion Joints further work required	$57,500	$0
Sporting Grounds
Molong Rec Ground - Underground Irrigation of Sports Field	$80,500	$0
VEP (Village Enhancement Program)	$1,504,680	$182,910
Stronger Country Communities Fund	$2,100,000	$0
Shared Mobility Access Pathway – Mullion Creek (Bevan Road to Long Point Road)	$115,750	$129,254
Shared Mobility Access Pathway – Manildra (Showground to Park St)	$90,563	$0
Shared Mobility Access Pathway – Cudal (Toogong Street – Wall St to Cargo St.)	$64,975	$0
Transport & Communication	$11,184,484
LOCAL ROADS
R2R – Belgravia Road Stage 3	$453,701	$423,570
R2R – Icely Road	$585,880	$560,584
Resources for Regional Project – Four Mile Creek Road	$1,407,445	$0
Urban Reseal - 18/19	$342,610	$0
Rural Reseal - 18/19	$1,132,832	$0
Heavy Patching - 18/19	$1,059,000	$0
Gravel Resheeting Local Roads - 18/19
Baldry Road, Baldry	$28,000	$0
Barnes Track, Eugowra	$42,000	$0
Beaths Road, Canowindra	$25,500	$0
Bertie Cole Street , Molong	$15,000	$1,591
Breens Road, Nyrang Creek	$14,000	$0
Buckland Street, Molong	$14,000	$1,591
Dry Creek Road	$28,000	$0
Emu Swamp Road	$28,000	$3,090
End Street, Molong	$12,000	$1,182
Hillview Lane, Eugowra	$30,500	$0
Jason Street, Molong	$15,000	$1,591
Kangaroobie Road	$24,000	$0
Kerrs Greek Road	$34,000	$0
Kjollers Road	$32,000	$0
Lemmons Road, Borenore	$32,000	$0
Lower Lewis Pond Road	$28,000	$0
Mandagery Lane, Manildra	$32,000	$1,636
Mostyn Lane, Manildra	$22,500	$1,636
Pengilly Lane, Eugowra	$11,500	$0
Peterson Road, Manildra	$20,000	$1,636
Puzzle Flat Lane, Eugowra	$7,500	$0
Quarry Road, Morbel	$15,000	$0
Rutherford Road, Molong	$145,000	$11,991
Sandy Creek Road, Cudal	$99,500	$0
Shreeves Road, Molong	$39,500	$4,545
Sullivans Road, Manildra	$17,500	$1,363
Whiteheads Road, Molong	$17,500	$1,591
Windeyer Street, Manildra	$14,000	$1,590
Waldergrave Road,	$23,000	$0
Yuranigh Road, Molong	$110,000	$15,273
Spring Hill Road - Extend Seal to Blayney Council Boundary	$75,000	$33,277
Local Road Construction - South Bowan Park Road - Replace Timber Culvert	$180,000	$1,200
Local Road Construction - Paling Yards Loop Road - Replace Timber culvert	$200,000	$0
Local Road Construction - Byng Road External Seal 1 km	$100,000	$80,397
Local Roads Construction - Woods Lane, Nashdale - External Seal 600 mts	$55,000	$31,609
Local Roads Construction - Dry Creek Road - External Seal 1 km	$100,000	$0
Local Roads Construction - Lower Lewis Ponds - External Seal 1 km	$100,000	$0
Local Roads Construction - Emu Swamp Road - External Seal 1 km	$100,000	$67,082
Local Roads Construction – Washpen Bridge Approaches Seal, Gundong Road	$130,000	$160,195

REGIONAL ROADS	$5,149,029	$0
Regional Road - Heavy Patch Capital from Maintenance Budget	$683,541	$0
REPAIR Program (50/50 funded with RMS Project to be finalised)	$800,000	$0
Fixing Country Roads - Banjo Paterson Way Widening Project (Four Stages)	$4,465,488	$0
Stage 1 – Norah Lane to “The Boot”	TBA	$13,881
Stage 2 – Burgoon Lane 5.5km towards Cumnock	TBA	$184,696
Stage 3 – Near Murrays Bridge	TBA	$0
Stage 4 – Old Yullundry Road to Hanover Creek Bridge	TBA	$0
Gasworks Lane Molong Car Park	$75,000	$0
STATE ROADS
State Roads - Maintenance	$515,000	$90,080
State Roads – Construction. 18/19 Projects To Be Determined	TBA	$0
MR377 Escort Way (Toogong Project)	$320,000	$38,051
Culvert works Edward Street and Peabody Road (MR359)	$88,040	$75,577
MR61 Escort Way heavy patching	$265,940	$63,018

LOCAL ROADS

Council’s Local Roads Gravel Resheeting to commence 22 October 2018.

October grading – Jennings Lane, Guanna Hill Lane, Shreeves Road, Boomey lane, Starrs Road, Booney School Road, Big Camp Road, Crocketts Lane, Stapletons Road, Finches Road, Shades Road, Bournewood Church Road, Loombah Road, Stagecoach Road, Bulgus Road, Byng Road, Favel Road, Gowan Road, Adamwaite Road, Cashen lane, Heifer Station Lane, Coates creek Road, Monaghan Road, Avondale Road, Nanami Lane, Ingledell Road, Waterhole Creek Road.

Road Maintenance

October patching – Eugowra Streets, Icely Road, Molong Streets, Cadia Road, Old Orange Road, Amaroo Road, Borenore Road, Woods Lane, Casuarina Drive, Stagecoach Way.

Local Road Heavy Patching

Casuarina Drive heavy patching has been completed.

Roads To Recovery

Belgravia Road Stage 3

Council has completed tree & vegetation removal on these two sections of Belgravia Road.

The 1.5km section from North Strathmore Lane towards Molong has been sealed, 16 August 2018. The final 1.6km of the Belgravia Rd, construction works has now been completed and sealed 14 August 2018, from Strathmore Lane south to the Bell River crossing.

Icely Road

Council has commenced works on the 3km section of Icely Road, vegetation has been completed, and the first 2km from Selection Road towards White Rocks Road has been sealed 22 August, 2018. The remaining 1km was sealed 18 September 2018. The project is now completed.

REGIONAL ROADS

Banjo Paterson Way – Fixing Country Roads Project

The Fixing Country Roads funded project on Banjo Paterson Way is in four stages, between Molong and Yeoval.

Council has commenced stage two, from Burgoon Lane towards Cumnock – (5.5km section). These works will begin mid July 2018.

Work has ceased at the moment, due to pipeline issues close to the roadworks (further investigation is needed before works can recommence).

October patching – MR234, MR237, & MR573

SHARED MOBILITY ACCESS PATHWAYS

Council was successful in funding for Shared Mobility Access Pathways, under the Stronger Country Communities Funding. The shared pathway and pram ramps at Mullion Creek has been completed, from Bevan Road to Long Point Road. Works have been completed on the shared pathway in Manildra – from the showground to Park Street, and Cudal footpath at Toogong Street will commence late October.

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.

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

· 48km of pipeline has been laid, commencing from Molong and progressing towards Cumnock and Yeoval villages. The construction of the Molong Gidley Street pump station building the Cumnock and Yeoval chlorine dosing buildings are almost completed. The reservoir on Banjo Patterson Way, Cumnock is nearing completion.

NOXIOUS WEEDS DEPARTMENT

Work carried out since the last report.

Dry weather has continued which means very little growth in the Central West area.

Work is currently underway on grasses controlling Serrated Tussock, African Love Grass And Chilean Needle Grass.

Where Century plant control was undertaken, results are slow but appear to be working. Council will wait a little longer for conclusive results before conducting more control work on this plant.

PROJECTS UPDATE

The status of the main projects are as follows:

1. Orana House

· Construction is in progress

2. Molong Truck Wash

· Concept design is in progress

3. Banjo Paterson Way Widening and Four Mile Creek Road

· Monthly progress reporting

4. Pipeline – Molong to Cumnock and Yeoval

· Construction is in progress

5. Molong Sewer Pump Station

· Tender evaluation has been completed

6. Molong Library

· Engineering and civil design is in progress

7. Management of Canowindra Swimming Pool

· Contractor has been engaged

8. Supply and installation of guardrail wire rope safety fencing, Heavy patching & Tree & Limb Removal services in the Cabonne Council LGA

· Tender evaluations have been completed

9. Refurbishment of Public Toilets

· Design Consultant has been engaged

10. The following tenders have been called

· Excavator Hire - Closed

· Supply of Trees and Limbs Removal Services - Awarded

· Supply and Installation of Culverts, Footpaths, Kerb and Guttering - Readvertised

· Heavy Patching - Awarded

URBAN SERVICES AND UTILITIES SECTION UPDATE

· Fluoride dosing unit has been commissioned internally awaiting external sign off.

· Tree planting program is ongoing (plantings recently in Cumnock.)

· Upper Bank St garden beds completed.

· Water main breaks completed as required.

· New private water and sewer connections completed as required.

· Sewer main breaks and chokes completed as required.

· Hydrant inspection program completed.

· Sheps garden corner project completed.

· E-one units repaired and replaced as required.

· Tree pruning works completed as required.

· Leaf removal works completed as required.

· Major cleaning works on amenities buildings completed.

· Hall maintenance works completed as required.

· Manildra garden bed works near the pool nearing completion.

· Cargo garden bed completed.

· Project scoping, quotation and ordering has commenced into a number of projects identified in the recently allocated VEP works.

· Thistle Street sewerage pump station retendered.

· Effluent testing for all sites in Cabonne completed.

[1] If yes, state basis of ownership, such as “creator”, “heir” etc.

[2] State the capacity in which the Donor is making the gift – for example, as owner or as executor of an estate.

1. Donor (include full name, 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. Object
Short description/Title	Canowindra fish fossil slabs (As further described in Schedule 1)
3. Documentation	As indicated below and as listed in Schedule 2
Receipt/s	o N/A – The donor and the Museum have a fully documented history since the specimens were first excavated
Exhibition history	o N/A – Specimens have been on display at the Age of Fishes Museum since the opening of that Museum. Individual specimens have been periodically on display at the Australian Museum. Five specimens are on loan to the a) National Dinosaur Museum, b) Geoscience Australia, c) the NSW Geological Survey, d) the Royal Tyrell Museum of Paleontology (Canada) and e) the Miguasha Museum (Canada)
Catalogues (including auction catalogues	o N/A
Academic references	o N/A
Previous ownership	o The fossils have been owned by Cabonne SIRE Council since excavation
Insurance/valuation reports	o N/A
Conservation treatments	o N/A
Condition reports	o N/A
Other	o N/A
4. Credit Line	Cabonne Council is to be credited as the donor of the fossils
5. Does the Donor own any copyright in the Object?^{^[1]}	X YES, as …Owner………………………………………………... together with …………………………………………………………. o NO
6. Does the Object contain any confidential or culturally sensitive material?	o YES (as further described in Schedule 1) X NO
7. Capacity of Donor^{^[2]}	Owner of the fossils since excavation
8. Conditions	Cabonne Council donates the objects described on the understanding that the objects will be housed permanently at Canowindra to the best endeavours of both parties

EXECUTED AS A DEED Signed, sealed and delivered by the Donor in the presence of:		…………………………………………………………….

Witness		Signature of or on behalf of Donor (who, if signing on behalf of the Donor, also warrants his or her authority to sign on the Donor’s behalf)

Full name of Witness		Full name (and, if signing on behalf of the Donor, capacity in which signing)

Description:	Fossil Fish (Canowindra)
Dimensions:	Fossils (from the Canowindra Fossil Site on Fish Fossil Drive) stored at the Age of Fishes Museum and Canowindra Showground including material on loan to a) National Dinosaur Museum, b) Geoscience Australia, c) the NSW Geological Survey, d) the Royal Tyrell Museum of Paleontology (Canada) and e) the Miguasha Museum (Canada)
Collection Locality:	Country: Australia State/Province: NSW Region: Canowindra
History of Acquisition:	Fossils were excavated in 1993 by Dr Alex Ritchie (Australian Museum) and Cabonne Council

Name of Organisation
Canowindra Lions Club
Organisation Address House Number/Name/ PO Box		Street/Road
23		Ferguson St
City			State		Postcode
Canowindra			NSW		2804
Telephone	Fax			Email
0428 447 113
Contact Person		Position in Organisation
Richard Bowd		President
Is the organisation x ¨ registered for GST ¨ not registered for GST
Does the organisation have an ABN? ¨ yes _______________________________ ¨ no
Does the organisation have insurance, including public liability cover? ¨ yes ¨ no What is the aim of your organisation?
We assist with local community fundraising for special causes and help with the development and building of local parks, community venues, and sporting centres. Lions Clubs promote youth, medical research, aid to people with disability, community service & disaster relief with 46000 clubs globally.
Does your organisation have a plan/strategy? ¨ yes x ¨ no (Please attach if yes)

Type of assistance	Details	Value of Assistance exclusive of GST (Council to provide estimate for in kind items)
Assistance with the cost of operating and promoting the event	Purchasing food and beverages and promoting	$500
		$
		$
		$
		$
Total Assistance requested		$500
Will you require payment of EAP grant prior to lodging the Acquittal Form (please tick)		x¨ yes ¨ no

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

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