ORDINARY COUNCIL MEETING - Adelaide Hills Council · 2. Stirling Christmas Pageant, to be held on...

ORDINARY COUNCIL MEETING

NOTICE OF MEETING To: Mayor Bill Spragg

Councillors Ward

Councillor Ron Nelson Councillor Jan-Claire Wisdom

Manoah

Councillor Ian Bailey Councillor Jan Loveday

Marble Hill

Councillor Kirrilee Boyd Councillor Nathan Daniell Councillor John Kemp

Mt Lofty

Councillor Val Hall Councillor Lynton Vonow Councillor Andrew Stratford

Onkaparinga Valley

Councillor Linda Green Councillor Malcolm Herrmann

Torrens Valley

Notice is hereby given pursuant to the provisions under Section 83 of the Local Government Act 1999 that the next meeting of the Council will be held on:

Tuesday 28 July 2015 6.30pm

63 Mt Barker Road Stirling A copy of the Agenda for this meeting is supplied under Section 83 of the Act. Meetings of the Council are open to the public and members of the community are welcome to attend.

Andrew Aitken Chief Executive Officer

Ordinary Council Meeting AGENDA 28 JULY 2015

AGENDA FOR MEETING Tuesday 28 July 2015

6.30pm 63 Mt Barker Road Stirling

ORDER OF BUSINESS

Council Vision Nurturing our unique place and people Council Mission Delivering activities and services which build a resilient community, sustain our built and

natural environment and promote a vibrant economy

1. COMMENCEMENT

2. OPENING STATEMENT “Council acknowledges that we meet on the traditional lands of the Peramangk and Kaurna people and we recognise their connection with the land. We understand that we do not inherit the land from our ancestors but borrow it from our children and in this context the decisions we make should be guided by the principle that nothing we do should decrease our children’s ability to live on this land.”

3. APOLOGIES/LEAVE OF ABSENCE

3.1. Apology

3.2. Leave of Absence

3.3. Absent

4. MINUTES OF PREVIOUS MEETINGS

Council Meeting – 23 June 2015 That the minutes of the ordinary meeting held on 23 June 2015 as supplied, be confirmed as an accurate record of the proceedings of that meeting.

5. DECLARATION OF INTEREST BY MEMBERS OF COUNCIL

6. PRESIDING MEMBER’S OPENING REMARKS


7. REPORTS

7.1. Councillor Reports

7.2. Reports of Members as Council/Committee Representatives on External Organisations

7.3. CEO Report

8. QUESTIONS ADJOURNED/LYING ON THE TABLE

8.1. Questions Adjourned Nil

8.2. Questions Lying on the Table Nil

9. PETITIONS / DEPUTATIONS / PUBLIC FORUM

9.1. Petitions Nil

9.2. Deputations Nil

9.3. Public Forum

10. PRESENTATIONS (by exception)

11. QUESTIONS ON NOTICE

11.1. Disposal of Permapine Posts – Cr Ron Nelson 1. Can these posts be burnt on residents’ properties? 2. Does Council accept these posts at our transfer stations? 3. Does Council collect them if requested as part of the Hard Waste

Service? 4. Would Council consider a drop off day?

12. MOTIONS ON NOTICE

12.1. Environment & Communications References Committee Australia’s Environment Report June 2015 – Cr John Kemp Adelaide Hills Council writes to the Federal Attorney General, the Hon George Brandis with copies to the Federal Environment Minister, Hon Greg Hunt, and State Environment Minister, Hon Ian Hunter, to express its support for the following recommendations contained in the Federal Government Environment and Communications Committee’s Report of June 2015, Australia’s Environment: “Abolition of the Biodiversity Fund: 2.60 The committee recommends that the Department of the Environment undertake an evaluation of the impact of the Biodiversity Fund. 2.61 The committee recommends that the Commonwealth Government reinstate funding for projects for biodiversity conservation to the level which had been available under the Biodiversity fund.”


“Environmental Defenders Offices: 3.62 The committee recommends that the Commonwealth Government establish new funding agreements for the Environmental Defenders Offices which reinstate the recurrent funding previously provided.”

13. REPORTS OF COMMITTEES

13.1. Strategic Planning & Development Policy Committee – 14 July 2015 That the minutes of the SPDPC meeting held on 14 July 2015 as supplied,

be received and noted.

13.2. Development Assessment Panel – 7 July 2015 That the minutes of the CDAP meeting held on 7 July 2015 as supplied, be received and noted.

13.3. Audit Committee Nil

13.4. CEO Performance Review Panel – 1 July 2015 That the minutes of the CEO Performance Review Panel meeting held on 1 July 2015 as supplied, be received and noted with the exception of item 6.1 CEO KPI Update. The recommendations from the Committee to Council are contained in Agenda item 14.1.

14. OFFICER REPORTS

14.1. CEO Performance Review That Council adopts the revised CEO KPI timeframes as follows: 2.1 KPI 2 (development of District Master Plan) change in timeframe

from June to August 2015 2.2 KPI 3 (development of Precinct Planning & Placemaking Concept)

change in timeframe from June to August 2015 2.3 KPI 4 (producing an Economic Development Strategy) change in

timeframe from June to September 2015

14.2. Road Closure Bay to Birdwood & Christmas Pageants 2015 That the Chief Executive Officer be authorised to consider and provide consent for road closure orders in relation to the following events: 1. Bay to Birdwood Classic, to be held on Sunday 27 September 2015 2. Stirling Christmas Pageant, to be held on Sunday 15 November 2015 3. Woodside Christmas Pageant, to be held on Thursday 17 December 2015 4. Lobethal Christmas Pageant, to be held on 23 December 2015.

14.3. Regional Development Australia Constitution update To endorse the proposed changes to the Regional Development Australia Adelaide Hills, Fleurieu & Kangaroo Island Incorporated Rules as contained in Appendix 2.


14.4. East Waste Charter amendment To endorse the proposed amendments to the Eastern Waste Management Authority (East Waste) Charter as contained in Appendix 1.

14.5. Noting of 2015/16 Budgets AHRWMA, East Waste, SHLGA & GRFMA

1. That the report be received and noted. 2. That the Gawler River Floodplain Management Authority Budget for

2015/16 which incorporates a net surplus of $381 be noted. 3. That the Southern & Hills Local Government Association Budget for

2015/16 which incorporates a net surplus of $3,492 be noted. 4. That the Adelaide Hills Region Waste Management Authority Budget

for 2015/16 which incorporates a net loss of $72,766 be noted. 5. That the Eastern Waste Management Authority Budget for 2015/16

which incorporates a net surplus of $65,333 be noted.

14.6. Strategic Plans Project Quarterly Report That the report be received and noted

14.7. Code of Conduct Investigation Report That Council resolves that the Mayor’s report regarding the outcome of the conduct investigation by the Ombudsman be received and noted.

15. MISCELLANEOUS ITEMS

15.1. Documents for signing & sealing Nil

15.2. Status Report – Council Resolutions Update

16. QUESTIONS WITHOUT NOTICE

17. MOTIONS WITHOUT NOTICE

18. CONFIDENTIAL ITEMS

18.1. AHBTC Advisory Group Community Member

19. NEXT MEETING

Tuesday 25 August 2015, 6.30pm, 63 Mt Barker Road, Stirling

20. CLOSE MEETING

Council Meeting/Workshop Venues 2015

August

Tuesday 4 August CDAP TBA Karen Savage

Wednesday 5 August Workshop Stirling N/A

Tuesday 11 August SPDPC Woodside Kylie Hopkins

Wed 19 August Elected Member Training Stirling N/A

Tuesday 25 August Council Stirling Pam Williams

September

Tuesday 1 Sept CDAP TBA Karen Savage

Wednesday 2 Sept Workshop Stirling N/A

Tuesday 8 Sept SPDPC Woodside Kylie Hopkins

Wednesday 16 Sept Elected Member Training Stirling N/A

Tuesday 22 Sept Council Stirling Pam Williams

October

Tuesday 6 October CDAP TBA Karen Savage

Wed 7 October Workshop Stirling N/A

Tuesday 13 October SPDPC Woodside Kylie Hopkins

Wed 21 October Elected Member Training Stirling N/A

Tuesday 27 October Council Stirling Pam Williams

Meetings are subject to change, please check agendas for times and venues. All meetings (except Workshops & Elected Member Training) are open to the public.

Community Forums 2015 6.00 for 6.30pm

DATE TYPE LOCATION

Tuesday 31 March 2015 Community Forum Forreston

Tuesday 30 June 2015 Community Forum Basket Range

Tuesday 29 September 2015 Community Forum Balhannah

Tuesday 17 November 2015 Community Forum Heathfield

Wednesday 3 February 2016 Community Forum Mt Torrens

ADELAIDE HILLS COUNCIL ORDINARY COUNCIL MEETING

Tuesday 28 July 2015 AGENDA BUSINESS ITEM

Item: 11.1 Question on Notice Originating from: Cr Ron Nelson Subject: Disposal of Permapine Posts Strategic Plan Goal: 2: Sustainable Natural and Built Environs Strategic Plan Key Theme: 2.3.4: Provide waste collection services, re-

use and recycling facilities and evaluation of waste collection service activities to determine success of the process, changes and continuing sustainable approaches

1. QUESTION

1. Can these posts be burnt on residents’ properties? 2. Does Council accept these posts at our transfer stations? 3. Does Council collect them if requested as part of the Hard Waste Service? 4. Would Council consider a drop off day?



Item: 12.1 Motion on Notice Originating from: Cr John Kemp Subject: Environment & Communications References

Committee Australia’s Environment Report, June 2015

Strategic Plan Goal: 2 Sustainable Natural and Built Environs Strategic Plan Key Theme: 2.1 Natural Systems

1. MOTION

I move that: Adelaide Hills Council writes to the Federal Attorney General, the Hon George Brandis with copies to the Federal Environment Minister, Hon Greg Hunt, and State Environment Minister, Hon Ian Hunter, to express its support for the following recommendations contained in the Federal Government Environment and Communications Committee’s Report of June 2015, Australia’s Environment: “Abolition of the Biodiversity Fund: 2.60 The committee recommends that the Department of the Environment undertake an evaluation of the impact of the Biodiversity Fund. 2.61 The committee recommends that the Commonwealth Government reinstate funding for projects for biodiversity conservation to the level which had been available under the Biodiversity fund.” “Environmental Defenders Offices: 3.62 The committee recommends that the Commonwealth Government establish new funding agreements for the Environmental Defenders Offices which reinstate the recurrent funding previously provided.”

Adelaide Hills Council meeting 28 July 2015 MON Environment & Communications Reference Committee Report

2. BACKGROUND The recommendations in this motion are direct quotes from the Environment and

Communications References Committee, which had a number of matters referred to it by the Senate on the 18th June 2014 for inquiry and report by June 2015.

One of those matters was: “The Abbott Government's attacks on Australia's environment, and their effects on

our natural heritage and future prosperity, including:” (C) “attacks on funding for community environment organisations and the

Environmental Defenders Offices, abolition of the Biodiversity Fund, and cuts to programs including, Landcare and Caring for our Country”

This inquiry was initiated in part by the Federal Government’s announcement in

December 2013, that the ongoing base funding agreement for the Environmental Defenders Offices (EDO) throughout Australia, would not be renewed beyond its expiry date of 30 June 2014. If Elected Members would like to view or download the full report it’s available on-line from:

http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and

_Communications/Ausenviron/Report Since June 2014, the South Australia EDO has continued with emergency funding

from the Law Foundation of SA and in-kind support from Flinders University. Currently the EDO is relying on donations and fund raising events to continue providing its services but is facing the prospect of reducing those services. Much of its work is done by part time staff with support from professional and student volunteers. If the Federal Government funding is not restored, the EDO may be able to continue its services but at a reduced level.

The South Australian EDO (established in 1992) is active in environmental

legislation and policy reform. Furthermore the EDO is a great resource for community groups providing advice on environmental legislation and conservation issues. The EDO also conducts seminars and hypotheticals to community groups and schools on environmental legislation and related topics. Three times a year, it provides a similar service throughout the state via its Rural Outreach Program. In the Adelaide Hills, the EDO’s advice and assistance goes to volunteers such as Landcare Groups, Catchment Groups and Friends of Parks and Reserves.

These volunteer groups do ongoing work to conserve and enhance the environment

and biodiversity values in our Council reserves and parks for the benefit of the entire community. We need to acknowledge and support the efforts of the EDO in providing its services to our volunteer groups.

http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Ausenviron/Report

http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Environment_and_Communications/Ausenviron/Report



Item: 14.1 Originating Officer: Megan Sutherland, Manager Organisational

Development Responsible Director: Andrew Aitken, Chief Executive Officer Subject: Recommendations of the CEO Performance Review

Panel - KPI

SUMMARY

At its 1 July 2015 meeting, the Chief Executive Officer Performance Review Panel (the Panel) considered progress against the 2015 CEO Key Performance Indicators (KPIs). The Panel has recommended to Council that some of the timeframes for the CEO KPIs be revised. RECOMMENDATION That Council resolves: 1. That the report be received and noted

2. That Council adopts the revised CEO KPI timeframes as follows: 2.1 KPI 2 (development of District Master Plan) change in timeframe from

June to August 2015 2.2 KPI 3 (development of Precinct Planning & Placemaking Concept)

change in timeframe from June to August 2015 2.3 KPI 4 (producing an Economic Development Strategy) change in

timeframe from June to September 2015

1. GOVERNANCE

Strategic Management Plan/Council Policy Goal 4 A Recognised Leading Performer Key Issue 4.4 Strategic Planning & Performance

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 CEO Performance Review

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Key Action 4.4.5 Report on the achievement of strategic, financial and operational objectives

Goal 4 A Recognised Leading Performer Key Issue 4.1 Leadership Key Action 4.1.4 Meet legislative, regulatory and good governance responsibilities

and obligations Legal Implications This report provides an update on the CEO KPI’s for 2015 and seeks to have recommendations from the CEO Performance Review Panel ratified through Council as the formal mechanism for agreeing on any changes to the KPI’s. Risk Management Implications The CEO KPI update is an important control in managing the risks of: Deficient CEO performance review practices result in a lack of accountability and loss of stakeholder confidence.

Inherent Risk Residual Risk

Medium (3C) Medium (3D)

Note: there are many other controls that also assist in managing this risk.

Non-achievement of CEO KPIs result in loss of community benefit and/or opportunities and/or stakeholder confidence.


High (3B) Medium (3C)

Note: there are many other controls that also assist in managing this risk.

Financial and Resource Implications Not applicable Customer Service and Community/Cultural Implications There is a community expectation that the CEO will manage the organisation’s human, financial and physical resources to ensure the best outcomes for the community. There is a community expectation that the CEO performs against the agreed KPIs. Environmental Implications Not applicable. Community Engagement/Consultation Not applicable.

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 CEO Performance Review

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2. BACKGROUND As part of the 2014 performance review process, 2015 KPIs were established for the CEO and adopted by Council on 9 September 2014. At its 1 July 2015 meeting, the Chief Executive Officer (CEO) Performance Review Panel considered progress against the 2015 CEO KPIs and resolved as follows:

Moved Ms Paula Davies S/- Cr Jan Loveday

6

That the Panel resolves:

1. That the report be received and noted

2. To recommend to Council to adopt the revised KPI timeframes as follows:

2.1 KPI 2 (the development of a District Master Plan), recommending a change in timeframe from June to August 2015

2.2 KPI 3 (the development of a Precinct Planning & Placemaking Concept), recommending a change in timeframe from June to August 2015

2.3 KPI 4 (producing an Economic Development Strategy),

recommending a change in timeframe from June to September 2015.

Carried unanimously 3. ANALYSIS

The revised timeframes and the progress against the KPIs is contained in Appendix 1. In relation to KPI 4 in Appendix 1, Council is reminded that it approved the draft Economic Development Strategy for public consultation at its 26 May 2015 meeting.

4. OPTIONS 1. That the Council agrees and adopts the recommendation for the CEO

Performance Review Panel.

2. That the Council makes alternate/additional recommendations relating to the current suite of CEO KPIs.

3. That the Council does not agree to any changes in the timeframes for the CEO’s KPI’s.

Option 1 is the recommended option as the proposed changes take account of the opportunity to undertake further workshops with Council Members to ensure maximum input and benefit to the community.

5. APPENDIX (1) CEO KPI’s 2014/2015

Appendix 1 CEO KPIs 2014/2015

CEO Key Performance Indicators 2014/2015

KPI Timeframe Strategic Plan Reference

CEO Update

1. Produce a Community Strategy that is endorsed by Council and that will undertake a needs analysis; develop a demographic profile; and identify gaps/needs in community development and related services.

by June 2015

1.1.1 Completed in June 2015.

2. Produce a District Master Plan that is endorsed by Council and that maps and integrates desired outcomes for those key physical community, economic and environs priorities within the Strategic Plan.

by June 2015

2.5.1 Mapping (a key component of the project) is currently being completed, with a view to further workshopping with Council Members in July for completion by August 2015.

3. Produce a framework with timeframes for the development of precinct plans and guidelines for activity centres and villages with a focus on identifying a unique sense of place, revitalisation, a central public space, alteration and development of public infrastructure (e.g. outdoor dining, street markets, etc). The framework with timeframes is to be endorsed by Council.

by June 2015

2.5.2 Precinct planning and place making concept, along with framework criteria, has been workshopped with Council Members in May and June. A further workshop with final precinct scoring and priorities will be workshopped in July and framework finalised by August 2015.

4. Produce an Economic Development Strategy that is endorsed by Council and that establishes Council's role, function and key activities in respect to supporting economic activity within the district.

by June 2015

3.1.1 Work is well underway with a desktop review of the business landscape having been undertaken across the district. Council endorsed a draft strategy for community consultation in June and resolved to conduct a further Council workshop discussion on the consultation outcomes.The strategy will then be finalised by September 2015.

5. Produce a Strategic Planning and Reporting Framework that is endorsed by Council and that monitors the status and achievement of planned social, environmental, economic and governance objectives.

by November 2014

4.4.1 This reporting framework has been completed and the first of what has become a quarterly report was presented to Council at its December 2014 meeting. Further work is being undertaken to enhance the extent of reporting against Strategic Plan activities.

6. Review the Council's Rating Strategy to ensure the fair and equitable impact of rates across the community.

by October 2015

4.4.3 Some preliminary work has been undertaken. The project to review the strategy is still expected to be completed by October 2015.

Corporate Plan Timeframe CEO Update

7. Based on the Customer Service Framework the following key projects will be undertaken:

1. a customer service survey will be produced and conducted to identify improvements in our customer service delivery.

2. a regular report (at least 6 monthly) on performance against key customer service standards from Tier 1 of the framework

by April 2015 by December 2014

7.1 Completed. Outcomes from the survey are intended to be

workshopped with Council in July 2015. 7.2 A draft of this report was produced internally in December

2014. As suggested at the last CEO Review Panel meeting in March 2015, an updated report was workshopped with Council in May 2015.

Other Timeframe CEO Update

8. Improve the cultural performance of the organisation to be demonstrated by improvement to the average satisfaction responses to questions from the 2014 to the 2015 Employee Opinion Survey.

The survey is planned to be undertaken in July with results available around September 2015.


28 July 2015 AGENDA BUSINESS ITEM

Item: 14.2 Originating Officer: Ebony Priest, Communications and Events Officer Responsible Director: David Waters, Director Community and Customer

Service Subject: Road Closures – Bay to Birdwood Classic and

Christmas Pageants 2015

SUMMARY The purpose of this report is to seek authorisation for the Chief Executive Officer to act for and on behalf of the Council in providing consent for certain roads to be closed, under the order of other authorities, pursuant to Section 33 of the Road Traffic Act 1961. In particular, authorisation is being sought in relation to the following established and regular events:

2015 Bay to Birdwood Classic

2015 Stirling Christmas Pageant

2015 Woodside Christmas Pageant

2015 Lobethal Christmas Pageant RECOMMENDATION That Council resolves: 1. That the report be received and noted

2. That the Chief Executive Officer be authorised to consider and provide consent for road closure orders in relation to the following events:

1. Bay to Birdwood Classic, to be held on Sunday 27 September 2015 2. Stirling Christmas Pageant, to be held on Sunday 15 November 2015 3. Woodside Christmas Pageant, to be held on Thursday 17 December 2015 4. Lobethal Christmas Pageant, to be held on 23 December 2015.

Adelaide Hills Council meeting 28 July 2015 Road Closures – Bay to Birdwood Classic & Christmas Pageants 2015

1. GOVERNANCE Strategic Management Plan/Council Policy Goal 1 A Safe and Connected Community Key Issue 1.2 Community Participation Key Action 1.2.6 Provide support to enable people to maintain and be connected

and engaged in community activities The Council’s Strategic Plan recognises that events are an important contributor to economic prosperity. Events also provide an opportunity to bring communities together, support social cohesion and build community spirit. Consideration of road closures is a matter of good governance. Some events rely on road closures to go ahead. If the Council does not consent to road closures, the event may be jeopardised. It follows that the Council needs to consider the impact of road closures on the community and balance that against the benefits of the event going ahead. The events which are considered in this report are those events which are generally well received by the community, even with the impact of the associated road closures. From a road closure point of view, they are considered non-controversial. Legal Implications Section 33 of the Road Traffic Act 1961 allows the Minister to declare events to be events to which the Section applies, and then to declare road closures, part closures and exemptions to the Road Rules for that event. The Minister has delegated this power to the Commissioner of Police (as well as to Councils for local roads). In the case of the events listed in this report, road closure arrangements are being co-ordinated by SA Police. That being the case, SA Police is intending to issue the applicable road orders. However, and importantly, Subsection 33(2) of the Act states “An order to close a road under subsection (1) can only be made with the consent of every council within whose area a road intended to be closed by the order is situated.” The Council has not delegated its ‘providing consent’ function for the purposes of Subsection 33(2) of the Act, hence it needs to resolve whether or not to provide consent or authorise the Chief Executive Officer to act for and on its behalf in the matter. Risk Management Implications The authorisation of road closures will assist in mitigating the risk of:

Conflicts between pageant participants and road users leading to disruption of event or injuries to participants



High (5E) Low (2D)

The inherent risk takes into consideration the possibility for vehicles entering the pageant and causing injury to participants or spectators. The residual risk takes into consideration the road closure and traffic management plan, which reduces the likelihood of rogue vehicles in the pageant route. Financial and Resource Implications The event organisers for Bay to Birdwood have engaged a qualified traffic management company to develop and implement a traffic management plan, with no cost to Council. In respect to the pageants, the Council has traditionally covered costs associated with traffic management. As Council Members will recall, last year a qualified traffic management company was engaged by the Council to manage traffic for the Woodside and Lobethal Pageants for the first time. This was in response to SA Police requests for enhanced traffic management planning and control. This approach has been put in place for the Stirling Pageant for several years. The cost of managing traffic at each of the pageants in 2014 was: Stirling Christmas Pageant $2,200 Woodside Pageant $1,100 Lobethal Pageant $2,500 The varied costs reflect the scope of traffic management required at each event, taking into account the number of roads closed and truck/bus detour management where required. A similar cost is estimated for this year and allowance has been made in the Community Event Operating Budget. The Council also has a number of staff attend the pageants in support or regulatory roles and the cost of this is covered in normal operating budgets. Customer Service and Community/Cultural Implications The Bay to Birdwood Classic will have an impact on local residents by restricting traffic flow to one-way (travelling west to east) along Lower North East Road, from Hancock Road to North-East Road, for the duration of the event. The one-way traffic flow may make the closure an inconvenience for residents, but one that has a history of low controversy in the community. Community Christmas Pageants will have an impact on local residents by restricting access to main thoroughfares for the duration of the event. The history of these annual events, however, show low controversy and demonstrate high levels of participation and spectating by residents. Environmental Implications Not applicable


Community Engagement/Consultation Consultation is not undertaken in relation to road closures for the stated events, however these events have run under road restrictions for many years and the community generally accepts the inconvenience in light of the community spirit generated by the events.

2. BACKGROUND The Council’s Festivals & Events Policy provides for road closures pertaining to events to be considered by the Council on a case by case basis. The Policy does not state any specific position or requirements on event organisers for the types of events listed in this report, other than providing 6 months of notice. Staff have previously submitted reports seeking the Council’s consent for road closures on an event by event basis. This has been necessary because the Council has not delegated its consent-providing function under Subsection 33(2) of the Road Traffic Act 1961. There is an opportunity, however, for the Council to consider those events which are well established, regular and non-controversial and authorise the Chief Executive Officer to act for and on its behalf in respect to providing consent to the road closure when the formal proposal is submitted by the event organiser closer to the event. This approach will enhance efficiency and overcome the problems which occasionally occur when a formal road closure proposal is submitted to Council staff at short notice.

3. ANALYSIS For the events referred to in this report, the road closure order is normally made by a sub-delegate of the Commissioner of Police, who acts under ministerial delegation. The Council’s role, albeit a critical one, is limited to providing or withholding consent to the road closure. The actual order is not made by the Council. Staff have identified the four events outlined below as being long-established, regular and generally well received by the community. Bay to Birdwood Classic The Bay to Birdwood Classic, organised by the Bay to Birdwood Run Committee under the National Motor Museum and Federation of Historic Motoring, is earmarked for Sunday 27 September 2015 from 8:30am. The event involves the closure of Lower North East Road from Hancock Road (in the City of Tea Tree Gully) to North East Road, with event vehicles exempted to travel one way up Anstey’s Hill. The road will be closed from approximately 8:30am when the event kicks off, and will re-open to normal traffic as soon as it is safe to do so. Local traffic will be notified of the restriction by event organisers. They will be restricted to the one-way traffic along Lower North East Road during the closure period, which, whilst an inconvenience, does not prevent access out of their properties during the event. Traffic management is being controlled by South


Australian Police at either end of Lower North East Road, and by the traffic management contractor throughout. Advance warning signs are generally placed at least two weeks prior to the event and there is general community awareness about the event. There have been very few concerns raised with Council staff about the road restrictions for this event in the past. Stirling Christmas Pageant The Stirling Christmas Pageant, organised by The Hut Community Centre, is earmarked for Sunday, 15 November 2015, beginning late morning. The event involves the closure of Druid Avenue, Stirling and Mt Barker Road, Stirling, between Avenue Road and Gould Road. The roads are generally closed for an hour or so before the event start time and open again as soon as it is safe to do so after the event. Access to properties within the road closure area, including a small number of businesses, is restricted during the road closure period and public bus routes are detoured. Most businesses in Stirling have alternate access via side roads. Advance warning signs are generally placed at least two weeks prior and there is general community awareness of this annual pageant. There have been very few concerns raised with Council staff about the road closures for this event in recent years, however staff are continuing to work with The Hut in respect to access for some businesses who wish to operate during the event. Woodside Christmas Pageant The Woodside Christmas Pageant, organised by Woodside Commence Association, is earmarked for the evening of Thursday, 17 December 2015. The event involves the closure of Onkaparinga Valley Road between Nairne Road and Langbein Road, Langbein Avenue and Station Road. The roads are generally closed for an hour or so before the event start time and open again as soon as it is safe to do so after the event. Access to properties within the road closure area, including a number of businesses, is restricted during the road closure times, however, the impact is reduced due to the night time nature of the event. Some businesses in Woodside have alternate access via side roads. Advance warning signs are generally placed at least two weeks prior to the event and there is general community awareness of this annual pageant. There have been very few concerns raised with Council staff about the road closures for this event in recent years. Lobethal Christmas Pageant The Lobethal Christmas Pageant, organised by local community members, is earmarked for the evening of Wednesday, 23 December 2015. The event involves the closure of Main Street, between Pioneer Avenue and Woodside Road, Woodside Road between Main Street and Jeffrey Street and Jeffrey Street, between Woodside Road and the oval. The roads are generally closed for an hour or so before the event start time and open again as soon as it is safe to do so after the event.


Access to properties within the road closure area, including a number of businesses, is restricted during the road closure times, however, the impact is reduced due to the night time nature of the event. Some businesses in Lobethal have alternate access via side roads. It is understood that access to and from residential properties on Jeffrey Street and other connecting roads is facilitated as required during the event. Advance warning signs are generally placed at least two weeks prior to the event and there is general community awareness of this annual pageant. There have been very few concerns raised with Council staff about the road closures for this event in recent years.

4. OPTIONS The Council may determine whether or not to authorise the Chief Executive Officer to act for and on its behalf in respect to providing consent for the road closures contemplated in this report. Should it choose to do so, staff will be able to work with the relevant event organisers well in advance of the event and carry out the formal road closure process without having to report to the Council on each occasion. This approach will provide for increased efficiency and will be welcomed by the event organisers. For these reasons, and in consideration of the fact that these road closures have generally been well accepted in the past, this is the recommended option. Should the Council not authorise the Chief Executive Officer to provide consent to the road closures, each event will need to be considered by the Council separately in future meetings.

5. APPENDIX Nil

ADELAIDE HILLS COUNCIL COUNCIL MEETING


Item: 14.3 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Terry Crackett, Director Corporate Services Subject: Changes to Rules of Regional Development Australia

Adelaide Hills, Fleurieu & Kangaroo Island Incorporated (RDA)

SUMMARY

Minor changes have been proposed to the Regional Development Australia Adelaide Hills, Fleurieu & Kangaroo Island Incorporated (RDA) Rules to improve administrative processes. Member Councils are required to be consulted prior to any changes. RECOMMENDATION That Council resolves: 1. That the report be received and noted.

2. To endorse the proposed changes to the Regional Development Australia Adelaide Hills, Fleurieu & Kangaroo Island Incorporated Rules as contained in Appendix 2.

1. GOVERNANCE

Strategic Management Plan/Council Policy Goal 3 A Prosperous Economy Key Issue 3.1 Economic Development Key Action 3.1.5 Work with state, regional organisations and other councils to

support and develop economic development in the Hills Legal Implications The RDA is an incorporated body under the Associations Incorporation Act 1985. Under the Rules (Constitution) of the RDA, any changes must be by resolution of the Members. Councillor Loveday has been a member of the RDA Board since March 2012.

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015

Changes to Rules of Regional Development Australia Adelaide Hills, Fleurieu & Kangaroo Island Incorporated (RDA)

Page 2

Risk Management Implications Ensuring the external organisations that Council has membership &/or provides funding is an important control in managing the risk of:

Poor governance practices occur which lead to a loss of stakeholder (i.e. customer and regulator) confidence and/or legislative breaches.


Extreme (5C) Medium (3D)

Note: there are many other controls that also assist in mitigating this risk. Financial and Resource Implications Council contributes $72,000 to the RDA annually. Customer Service and Community/Cultural Implications Not applicable. Environmental Implications Not applicable. Community Engagement/Consultation Not applicable.

2. BACKGROUND Adelaide Hills Council is a member of the RDA. The Federal Government has proposed changes to the rules of RDA Adelaide Hills, Fleurieu and Kangaroo Island. Discussions have already been held with the Southern and Hills LGA (SHLGA) and a formal agreement is now being sought from the Constituent Councils as required under the Rules.



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3. ANALYSIS The Federal Government wanting to make changes to the Rules to:

reduce the administrative burden on RDAs; and

to enable the Board to have a greater role in selecting board members.

The current process is that the Deputy Prime Minister, State Minister for Regions and the President of the LGA appoint all Board Members. They now wish to limit their power to appointing the Chair and Deputy, with the balance of Members being appointed by the Chair and Deputy. These changes have been agreed by the Minister, the LGA and the Board, although formal advice from the Minister has not been provided to the RDA. The Board also agreed that it would seek nominations from the SHLGA for local government board members. Due to an oversight at the RDA, the amended Rules were sent to the Deputy Prime Minister prior to formal approval by the Minister or the Constituent Councils. Clause 16.3 of the current (2011) Rules provides that before the RDA Members can vote on a special resolution to alter the rules, they must give due consideration to the views of the Commonwealth Minister, the State Minister and the Local Government Bodies on the proposed alteration before voting on the special resolution. The changes have been marked up in the 2015 draft and consist of:

Contents: 15 Prohibition against Securing Profits for Members – deleted Definitions 2.4 Commonwealth Minister – amended 2.8 New item “Funding Partner” has been included 2.16 Secretary – amended 3 Objects of the association – amended – to reflect the shift away from the

service provision (due to funding constraints) and focus more on facilitation and planning.

Powers of the association 4.2 Limitations on powers – deleted – the powers that previously have been

limited (requiring the approval of the tripartite members) will now be unlimited and are consistent the powers generally exercised by incorporated bodies.

5 Membership of the Association – amended – to provide for the

appointment process as identified above. 7 The Board 7.1.2 The Board – amended – removing the requirement for approval from the

tripartite members to delegate the powers and functions of the Board.



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7.2 Composition of Board – item 7.2.3 amended & 7.2.4 deleted – removing provisions for a fixed number of members and providing the discretion to the Chair and Deputy.

7.3 First members – deleted, replaced with “Appointments” 7.4 Subsequent Appointments – deleted, replaced with “Member Vacancies” 7.5 Delegation by Board to Sub-Committee – renumbered 8 Chair and Deputy Chair 8.5 new item re casual vacancy inserted

9 Proceedings of meetings of the Board 9.2 14 days’ notice amended to 10 days’ notice 10 Minutes 10.3 Minutes – amended 13 Common Seal 13.3 amended 15 Prohibition – deleted 16 Alteration to rules 16.3 (now 15.3) - amended 16.4 (now 15.4) – amended

4. OPTIONS The Council has the following options:

I. To endorse the proposed changes to the RDA Rules.

II. To determine to not endorse the proposed changes (separately or entirely) to

the RDA Rules. Option I is recommended as the proposed changes appear reasonable however should Council select option II, the RDA Board must give consideration to Council’s views prior to voting on the resolution to make changes to the Rules.

5. APPENDICES (1) Rules of RDA Adopted 22 November 2011 (2) Rules of RDA Amended 12 March 2015

Appendix 1 Rules of RDA adopted 22 November 2011

Adopted 22nd Nov 2011

RULES OF

REGIONAL DEVELOPMENT AUSTRALIA ADELAIDE HILLS,

FLEURIEU AND KANGAROO ISLAND INCORPORATED


Page i of i

TABLE OF CONTENTS

1. ESTABLISHMENT AND NAME..................................................................................1

2. DEFINITIONS .............................................................................................................1

3. OBJECTS OF THE ASSOCIATION ...........................................................................2

4. POWERS OF THE ASSOCIATION ............................................................................2

5. MEMBERSHIP OF THE ASSOCIATION ....................................................................3

6. REGISTER OF MEMBERS.........................................................................................3

7. THE BOARD ..............................................................................................................4

8. CHAIR AND DEPUTY CHAIR ....................................................................................6

9. PROCEEDINGS OF MEETINGS OF THE BOARD ....................................................7

10. MINUTES OF MEETINGS ..........................................................................................8

11. DISCLOSURE OF INTEREST ....................................................................................8

12. POLICIES ...................................................................................................................9

13. COMMON SEAL AND EXECUTION OF DOCUMENTS .............................................9

14. FINANCIAL MATTERS ..............................................................................................9

15. PROHIBITION AGAINST SECURING PROFITS FOR MEMBERS ..........................10

16. ALTERATION TO THE RULES ................................................................................10

17. DISPUTES AND MEDIATION ..................................................................................11

18. WINDING UP AND AMALGAMATION .....................................................................11

19. APPLICATION OF SURPLUS ASSETS ...................................................................12

20. CIRCUMSTANCES NOT PROVIDED FOR ..............................................................12


Page 1 of 12

1. ESTABLISHMENT AND NAME

1.1 This document establishes an association.

1.2 The name of the association is “Regional Development Australia Adelaide Hills, Fleurieu and Kangaroo Island Incorporated” referred to herein as the “Association”.

2. DEFINITIONS

Unless a contrary intention is evident, the following definitions apply to this document and all other Association documents and Policies:

2.1 “Act” means the Associations Incorporation Act 1985;

2.2 “Board” means the board of management of the Association established

under these rules consisting of all the Members;

2.3 “Chair" means the chairperson of the Association holding office according to these rules;

2.4 “Commonwealth Minister” means the Commonwealth Parliamentary Secretary for Infrastructure, Transport, Regional Development and Local Government;

2.5 “Commonwealth” means Commonwealth of Australia;

2.6 “Deputy Chair" means the deputy chairperson of the Association holding office according to these rules;

2.7 “Funding Agreement” means any agreement of the Commonwealth, the State Minister and/or the Local Government Bodies with the Association that provides funds to the Association directly related to the Regional Development Australia Program;

2.8 “LGASA” means the Local Government Association of South Australia, a body corporate pursuant to the Local Government Act 1999, or its successors or assigns;

2.9 “Local Government Bodies” means councils constituted under the South Australian Local Government Act 1999 or the Outback Areas Community Development Trust Act 1978 operating in the Region and which have current Funding Agreements with the Association and “Local Government Body” means any of the Local Government Bodies operating in the Region which has a current Funding Agreement with the Association;

2.10 “Member” means any person deemed to be a member of the Board under these rules;

2.11 “month” means a calendar month;

2.12 “Policy” means a policy of the Association approved by the Board;

2.13 “President of the LGASA” means the person holding the office of President under the Constitution of the LGASA pursuant to Schedule 1 of the Local Government Act 1999;


2.14 “Region” means Adelaide Hills, Fleurieu and Kangaroo Island Region, the geographic region established by the State Government and is comprised of


Page 2 of 12

the sum of the Local Government Bodies’ geographic areas or such other areas as the State Government specifies from time to time;

2.15 “Regional Development Australia Program” means the program established jointly by the Commonwealth, the State Government, and the LGASA to develop and strengthen the regional communities of South Australia;

2.16 “Secretary" means the person holding office under these rules as secretary

of the Association;

2.17 “special resolution” means a special resolution defined in the Act;

2.18 “State Government” means the Government of South Australia;

2.19 “State Minister” means the South Australian Minister for Regional Development, a body corporate pursuant to the Administrative Arrangements Act 1994; and

2.20 “Treasurer" means the treasurer of the Association holding office according to these rules.

3. OBJECTS OF THE ASSOCIATION

The objects of the Association are:

3.1 To promote and support the policies, strategic plans and priorities of the Commonwealth, the State Government and the Local Government Bodies that facilitate community economic development outcomes in the Region.

3.2 To provide services and undertake projects that facilitate community economic development outcomes in the Region that are consistent with the policies, strategic plans and priorities of the Commonwealth, the State Government and the Local Government Bodies.

4. POWERS OF THE ASSOCIATION

4.1 Powers

Subject to sub rule 4.2, the Association has all the powers conferred by section 25 of the Act and without limiting the generality thereof has the following specific powers:

4.1.1 to apply for and obtain grants or other assistance directly relevant to its objects;

4.1.2 to acquire, hold, deal with and dispose of any personal property directly relevant to its objects;

4.1.3 to employ and to remunerate such servants, agents, employees, consultants and contractors directly relevant to its objects other than Members;

4.1.4 to enter into contracts, agreements, arrangements and understandings directly relevant to its objects;


4.1.5 to invest any moneys not immediately required for the purposes directly relevant to its objects in such manner as the Board thinks fit; and


Page 3 of 12

4.1.6 to do all other things necessary or considered desirable by the Board directly relevant to its objects for the purpose of achieving or carrying into effect any of the foregoing.

4.2 Limitations on Powers

Subject to prior consultation with, and agreement of, the Commonwealth Minister, the State Minister and the Local Government Bodies the Association has the following specific powers:

4.2.1 to borrow money directly relevant to its objects upon such terms and conditions as to repayment, interest and security or otherwise as the Board thinks fit;

4.2.2 acquire an interest in, hold, deal with and dispose of real property directly relevant to its objects;

4.2.3 appoint agents to transact any business of the Association on its behalf; and

4.2.4 to remunerate Members for sitting fees.

5. MEMBERSHIP OF THE ASSOCIATION

5.1 There must be no ordinary members of the Association.

5.2 The Association must only have Members.

5.3 All Members are members of the Board.

5.4 A Member must be a natural person.

5.5 All Members must be persons legally able to hold the position of a director of an incorporated company.

5.6 A current employee or contractor of the Association cannot be a Member.

5.7 A right, privilege or obligation which a person has by reason of being a Member:

5.7.1 is not capable of being transferred or transmitted to another person; and

5.7.2 terminates on cessation of the person’s membership.

6. REGISTER OF MEMBERS

6.1 A register of Members must be kept by the Association and must contain:

6.1.1 the full name of the Member;

6.1.2 the postal or residential address of the Member;

6.1.3 the date of admission as a Member;

6.1.4 if applicable, the date of death or time of resignation of the Member;

6.1.5 if applicable, the date and details about the termination or reinstatement of membership; and


6.1.6 any other particulars the Board decides.


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6.2 The register must be open for inspection by Members at all reasonable times.

7. THE BOARD

7.1 General

7.1.1 The affairs of the Association must be managed and controlled by a Board which in addition to any powers and authorities conferred by these rules may exercise all such powers and do all such things as are within the objects of the Association.

7.1.2 The Board has the sole management and control of the funds and other property of the Association which functions and duties may not be delegated except with the joint approval of the Commonwealth Minister, the State Minister and the Local Government Bodies.

7.1.3 An act or decision of the Board is not invalid by reason only of a vacancy in its membership or a deficiency in the appointment of a Member.

7.1.4 The Board must appoint a public officer as required by the Act.

7.2 Composition of Board

The Board must at all times include all Members and be comprised of:

7.2.1 a Chair and a Deputy Chair who are Members;

7.2.2 a Secretary and a Treasurer appointed by the Board and who are Members;

7.2.3 a minimum of four other Members; and

7.2.4 a maximum of eleven other Members

7.3 First Members

7.3.1 Subject to sub rule 7.5, the first Members, from the date of registration of these rules, are the following persons for the term indicated:

(a) Ms Valerie Bonython (term ends 20 November 2013);

(b) Ms Rachael Bryant Preston (term ends 20 November 2013);

(c) Mr John Crompton AM (term ends 20 November 2011);

(d) Mr Peter Davis (term ends 20 November 2011);

(e) Mr Peter Hogan (term ends 20 November 2013);

(f) Mr Simon Jongebloed (term ends 20 November 2011);

(g) Ms Jen Rodger (term ends 20 November 2013);

(h) Cr Andrew Stratford (term ends 20 November 2011) ;

(i) Mr John Coombe (term ends 20 November 2011);

(j) Mayor Mary-Lou Corcoran (term ends 20 November 2011);

(k) Mr Roger Sweetman (term ends 20 November 2011); and


(l) Cr Craig Wickham (term ends 20 November 2011).


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7.3.2 Subject to sub rule 7.5, the first Chair and Deputy Chair, from the date of registration of these rules, are the following persons for the term indicated:

(a) Chair Mayor Ann Ferguson (term ends 20 November 2011); and

(b) Deputy Chair Ms Carol Schofield (term ends 20 November 2013).

7.4 Subsequent Appointments

7.4.1 Nominations for subsequent appointment as a Member, the Chair or the Deputy Chair, when such positions become vacant will be sought by a publicly advertised expression of interest process undertaken jointly by the Commonwealth, the State Government, the LGASA and the Local Government Bodies.

7.4.2 After the expression of interest process referred to in sub rule 7.4.1, the Commonwealth Minister, the State Minister and the President of the LGASA may jointly nominate persons as Members, the Chair and/or Deputy Chair and their respective terms.

7.4.3 Upon receipt by the Board of notice of a nomination under sub rules 7.4.2, or 7.4.5 that nominee is deemed to be a Member, the Chair or the Deputy Chair (as the case may be) for the term specified in the notice.

7.4.4 A retiring Member, Chair or Deputy Chair, is eligible for reappointment.

7.4.5 Notwithstanding this rule, in the event of a vacancy under sub rules 7.5.2 and 7.5.3, the Board may appoint a person to fill a casual vacancy for the balance of the term of that vacancy or until such time as the Commonwealth Minister, the State Minister and the President of the LGASA give notice jointly nominating a person to fill that vacancy for the balance of the term of that vacancy.

7.5 Member Vacancies

The position of a Member become vacant:

7.5.1 (a) on the expiration of the term of appointment, or (b) if a subsequent appointment has not been made under the process set out in the sub rule 7.4 by that date, the day that such subsequent appointment is made (provided this date is no later than 3 months after day the term was due to expire), or”

7.5.2 if a Member:

(a) dies;

(b) is disqualified from being a Member by the Act;

(c) is permanently incapacitated by ill health;

(d) is absent without apology from more than three meetings in a


financial year;

(e) is absent for more than three consecutive meetings without prior leave of the Board;

(f) becomes an employee or contractor of the Association, or resigns by written notice addressed to the Chair, or, if the


Page 6 of 12

Member is the Chair, to the Deputy Chair and that resignation is accepted by resolution of the Board;

(g) is the subject of a special resolution passed by a general meeting of the Board terminating his or her appointment as a Member, provided such a vacancy does not become effective until approved by the Commonwealth Minister, the State Minister and the President of the LGASA; or

7.5.3 upon receipt by the Board of a joint notice from the Commonwealth Minister, the State Minister and the President of the LGASA to the Board that that Member’s appointment is terminated.

7.6 Delegation by Board to Sub-Committees

7.6.1 Except as otherwise provided by these rules, the Board may, by instrument in writing, delegate to one or more sub-committees (consisting of such Member/s as the Board thinks fit) the exercise of such of the functions of the Board as are specified in the instrument, other than:

(a) this power of delegation; and

(b) a function which is a duty imposed on the Board by the Act, these rules, or by any other law.

7.6.2 A function, the exercise of which has been delegated to a sub- committee under this rule may, while the delegation remains unrevoked, be exercised from time to time by the sub-committee in accordance with the terms of the delegation.

7.6.3 A delegation under this rule may be made subject to such conditions or limitations as to the exercise of any function, or as to time or circumstances, as may be specified in the instrument of delegation.

7.6.4 Despite any delegation under this rule, the Board may continue to exercise any function delegated.

7.6.5 Any act or thing done or suffered by a sub-committee acting in the exercise of a delegation under this rule has the same force and effect as it would have if it had been done or suffered by the Board.

7.6.6 The Board may, by instrument in writing, revoke wholly or in part any delegation under this rule.

7.6.7 A sub-committee may meet and adjourn, as it thinks proper.

7.6.8 A person nominated by the sub-committee, must keep proper minutes of all proceedings of meetings in accordance with agreed procedure.

8. CHAIR AND DEPUTY CHAIR

8.1 The Chair and Deputy Chair must be Members whose positions are jointly nominated by the Commonwealth Minister, the State Minister and the President of the LGASA.

8.2 Subject to this rule, the Chair must preside at all meetings.


8.3 Subject to this rule, in the absence of the Chair at a meeting the Deputy Chair must preside at that meeting.


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8.4 In the event of the absence from a meeting of both the Chair and the Deputy Chair, a Member elected by the other Members present at the meeting must preside at that meeting.

9. PROCEEDINGS OF MEETINGS OF THE BOARD

9.1 The Board must hold a general meeting, for the dispatch of business, at least six times each calendar year at times reasonably spaced throughout the entire calendar year;

9.2 At least 14 days’ notice of any general meeting must be given to Members. The notice must set out where and when the meeting will be held and particulars of the nature and order of the business to be transacted at the meeting.

9.3 A special meeting may be called by the Chair with at least 48 hours’ notice.

9.4 A special meeting must be called by the Secretary upon:

9.4.1 a resolution of the Board to that effect; or

9.4.2 receipt by the Secretary of a petition, signed by a majority of

Members calling for a special meeting.

9.5 The Board may invite such persons to attend its meetings as it may from time to time decide.

9.6 Meetings must not be open to the public.

9.7 The quorum for a meeting must be 50% of the number of Members, ignoring any fraction resulting from the calculation, plus one.

9.8 If a quorum is not reached, the meeting must be suspended until a quorum is present, however if a quorum is not present within half an hour of the scheduled time for the beginning of the meeting, the meeting is cancelled.

9.9 Subject to sub rule 9.10 each Member present at a meeting has one

deliberative vote.

9.10 Questions arising at any meeting must be decided by a majority of votes and in the event of an equality of votes the Chair has a casting vote in addition to a deliberative vote.

9.11 A conference by telephone or other electronic means between the Members will, for the purposes of this rule, be taken to be a meeting of the Board at which the participating Members are present if:

9.11.1 notice of the conference is given to all Members in the manner determined by the Board for the purpose; and

9.11.2 each participating Member is capable of communicating with every other participating Member during the conference.

9.12 A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if:

9.12.1 notice of the proposed resolution is given to all Members in accordance with procedures determined by the Board; and


Page 8 of 12

9.12.2 a majority of the Members express concurrence in the proposed resolution by letter, fax, email or other written communication setting out the terms of the resolution.

9.13 A resolution mentioned in sub rule 9.12 may consist of several documents in like form, each signed by one or more Members.

10. MINUTES OF MEETINGS

10.1 The Secretary, or person nominated by the Board, must keep proper minutes of all proceedings of meetings in accordance with agreed procedure.

10.2 The minutes kept pursuant to this rule must:

10.2.1 be confirmed by the Members at a subsequent meeting; and

10.2.2 be signed by the presiding Member of the meeting at which the proceedings took place or by the Chair at the next succeeding meeting at which the minutes are confirmed.

10.3 A copy of the minutes kept pursuant to this rule must, within 14 days, be provided to all Members.

10.4 When minutes are entered and signed they are, until the contrary is proved, evidence that the meeting was convened and duly held, that all proceedings held at the meeting are be deemed to have been duly held and that all appointments made at a meeting are be deemed to be valid.

11. DISCLOSURE OF INTEREST

11.1 A Member who has a direct or indirect pecuniary or personal interest in a matter under consideration by the Board must as soon as he or she becomes aware of the interest, disclose the nature and extent of the interest to the Board and not take part in deliberations or decisions of the Board on the matter.

11.2 A Member having a direct or indirect pecuniary interest in a contract or proposed contract with the Association must;

11.2.1 disclose the nature and extent of that interest to the Board as required by section 31 of the Act ,and must not vote with respect to that contract or proposed contract; and

11.2.2 must disclose in writing, the nature and extent of his or her interest in the contract or proposed contract to the Board within 14 days of the interest arising at the meeting of the Board.

11.3 A Member will not be taken to have an interest in a matter for the purposes of this rule by reason only of the fact that the Member has an interest in the matter that is shared in common with the public.

11.4 A disclosure under this rule must be recorded in the minutes of the meeting at which the matter, contract or proposed contract is under discussion.


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12. POLICIES

The Board may adopt Polices, or amend existing Policies, consistent with the objects of, and related to the affairs of, the Association by a simple majority vote at any meeting of the Board.

13. COMMON SEAL AND EXECUTION OF DOCUMENTS

13.1 The Association must have a common seal upon which its corporate name must appear in legible characters.

13.2 The seal must not be used without the express authorisation of the Board and every use of the seal must be recorded in the minute book of the Association.

13.3 The common seal of the Association must not be affixed to a document except with the express authorisation of the Board and the affixing of the seal must be attested by the signatures of two Members.

13.4 The Board may, by instrument under its common seal, authorise a Member, an employee of the Association (whether nominated by name or by office or title) or any other person to execute documents on behalf of the Association subject to conditions and limitations (if any) specified in the instrument of authority.

13.5 Without limiting sub rule 13.4, an authority may be given so as to authorise two or more persons to execute documents jointly on behalf of the Association.

13.6 A document is duly executed by the Association if:

13.6.1 the common seal of the Association is affixed to the document in accordance with this rule; or

13.6.2 the document is signed on behalf of the Association by a person or persons in accordance with an authority conferred under this rule.

14. FINANCIAL MATTERS

14.1 General

The Board must authorise in writing those Members or persons who may allocate monies on behalf of the Board and set monetary limits on a per allocation and aggregate basis for those allocations.

14.2 Treasurer

It is the duty of the Treasurer:

14.2.1 that all money due to the Association is collected and received and that all payments authorised by the Association are made; and

14.2.2 that correct books and accounts are kept showing the financial affairs of the Association, including full details of all receipts and expenditure connected with the activities of the Association.

14.3 Finance Sub Committee


14.3.1 The Board must appoint a Finance Sub Committee comprising the Chair, the Treasurer and one other Member.


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14.3.2 The role of the Finance Sub Committee includes oversight of the financial management of the Association.

14.4 Financial Reporting

The Association must keep and retain such accounting records as are necessary to correctly record and explain the financial transactions and financial position of Association in accordance with the Act.

14.5 Appointment of Auditor

14.5.1 The Board must annually appoint an auditor for a financial year.

14.5.2 The auditor is eligible for re-appointment.

15. PROHIBITION AGAINST SECURING PROFITS FOR MEMBERS

15.1 The income and capital of the Association must be applied exclusively to the promotion of its objects and no portion may be paid or distributed directly or indirectly to Members or their associates except as reimbursement of expenses reasonably incurred on behalf of the Association.

15.2 The Board must ensure that reimbursement of out-of-pocket expenses of Members and allowances for any Member falls within the levels approved by the Commonwealth Minister, the State Minister and the Local Government Bodies from time to time.

16. ALTERATION TO THE RULES

16.1 These rules may only be altered (including an alteration to the Association’s name) by special resolution of the Members. This includes recision or replacement by substitute rules.

16.2 The Chair must give all Members at least 21 days’ notice, in writing, of any proposed alteration of the rules before the proposed alteration is initially considered by the Board.

16.3 The Board must give notice in writing to the Commonwealth Minister, the State Minister and the Local Government Bodies at least 21 days before voting on a special resolution to alter the rules and must give due consideration to the views of the Commonwealth Minister, the State Minister and the Local Government Bodies on the proposed alteration before voting on the special resolution.

16.4 Any proposed alterations created under this rule require the approval of the Commonwealth Minister, the State Minister and the Local Government Bodies before coming into effect.

16.5 The alteration must be registered with the Office of Consumer and Business Affairs, Corporate Affairs and Compliance Branch, as required by the Act.

16.6 The registered rules bind the Association and every Member to the same extent as if they have respectively signed and sealed them and agreed to be bound by all of the provisions thereof.


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17. DISPUTES AND MEDIATION

17.1 The grievance procedure set out in this rule applies to disputes under these rules between:

17.1.1 a Member and another Member; or

17.1.2 a Member and the Association.

17.2 The parties to the dispute must meet and discuss the matter in dispute and, if possible, resolve the dispute within 14 days after the dispute comes to the attention of all of the parties.

17.3 If the parties are unable to resolve the dispute at the meeting, or if a party fails to attend that meeting, then the parties must, within 28 days, hold a meeting in the presence of a mediator.

17.3.1 The mediator must be:

(a) a person chosen by agreement between the parties; or

(b) in the absence of agreement:

(i) in the case of a dispute between a Member and another Member, a person appointed by the Board;

(ii) in the case of a dispute between a Member and the Association, a person appointed by the Board ,who is a mediator appointed to, or employed with, a not for profit organisation.

17.3.2 A Member can be a mediator.

17.3.3 The mediator cannot be a Member who is a party to the dispute.

17.3.4 The parties to the dispute must, in good faith, attempt to settle the dispute by mediation.

17.4 The mediator, in conducting the mediation, must:

17.4.1 give the parties to the mediation process every opportunity to be heard;

17.4.2 allow due consideration by all parties of any written statement submitted by any party; and

17.4.3 ensure that rules of natural justice are observed throughout the mediation process.

17.5 The mediator must not determine the dispute.

17.6 The mediation must be confidential and without prejudice.

17.7 If the mediation process does not result in the dispute being resolved, the parties may seek to resolve the dispute in accordance with the Act or otherwise at law.

17.8 The Association must pay all reasonable costs and expenses of the mediator.

18. WINDING UP AND AMALGAMATION


18.1 Subject to sub rule 18.2, the Association may be wound up or amalgamate with another incorporated association in the manner provided for in the Act.


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18.2 Except for the amalgamation with other incorporated associations contemplated by the 2009 Regional Development Australia Program for the Region, the Board must seek the prior approval of the Commonwealth Minister, the State Minister and the Local Government Bodies before acting to wind up or to amalgamate with another incorporated association.

18.3 If a third party or the Commission takes any action under Part 5 of the Act, the Board must immediately notify the Commonwealth Minister, the State Minister and the Local Government Bodies.

19. APPLICATION OF SURPLUS ASSETS

19.1 Subject to section 43 of the Act, surplus assets must be distributed to an association approved by the Commonwealth Minister, the State Minister and the Local Government Bodies as being an association the purpose or purposes of which are consistent with the purpose or purposes of the Regional Development Australia Program or any program substituted therefore.

19.2 If there is no distribution under sub rule 19.1, the Commission or any person making an application to the Supreme Court under subsection 43(3) of the Act must take into account the terms of any Funding Agreements in force at the time of the winding up.

19.3 A special resolution under subsection 43(2)(b) of the Act must be consistent with all Funding Agreements in force at the time that the Association is wound up.

20. CIRCUMSTANCES NOT PROVIDED FOR

If any circumstance arises to which these rules are silent, incapable of taking effect or being implemented according to its strict provisions, the Board has the power to determine what action may be taken to ensure the effective administration and objectives of the Board, provided that such action will be determined at a meeting of the Board.

Appendix 2 Rules of RDA Amended 12 March 2015

Revised rules approved by the Board 25/2/2015 (amended 12/03/2015)

RULES OF

REGIONAL DEVELOPMENT AUSTRALIA ADELAIDE HILLS,

FLEURIEU AND KANGAROO ISLAND INCORPORATED

2 Revised rules approved by the Board 25/2/2015 (amended 12/03/2015)

TABLE OF CONTENTS

1 ESTABLISHMENT AND NAME 3

2 DEFINITIONS 3

3 OBJECTOS OF THE ASSOCIATION 4

4 POWERS OF THE ASSOCIATION 5

5 MEMBERSHIP OF THE ASSOCIATION 5

6 REGISTER OF MEMBERS 6

7 THE BOARD 6

8 CHAIR AND DEPUTY CHAIR 8

9 PROCEEDINGS OF MEETINGS OF THE BOARD 9

10 MIUTES OF MEETINGS 10

11 DISCLOSURE OF INTEREST 10

12 POLICIES 10

13 COMMON SEAL AND EXECUTION OF DOCUMENTS 11

14 FIINANCIAL MATTERS 11

15 ALTERATION TO THE RULES 12

16 DISPUTES AND MEDIATION 12

17 WINDING UP AND AMALGAMATION 13

18 APPLICATION OF SURPLUS ASSETS 14

19 CIRCUMSTANCES NOT PROVIDED FOR 14


1. ESTABLISHMENT AND NAME

1.1. This document establishes an association.

1.2. The name of the association is “Regional Development Australia Adelaide Hills,

Fleurieu and Kangaroo Island Incorporated” referred to herein as the “Association”.

2. DEFINITIONS

Unless a contrary intention is evident, the following definitions apply to this document and all

other Association documents and Policies:

2.1. “Act” means the Associations Incorporation Act 1985;

2.2. “Board” means the Board of management of the Association established under

these rules consisting of all the Members;

2.3. “Chair” means the chairperson of the Association holding office according to these

rules;

2.4. “Commonwealth Minister” means the Commonwealth Government Minister or

Parliamentary Secretary have responsibilities for matters related to Regional

Development Australia (RDA);

2.5. “Commonwealth” means Commonwealth of Australia;

2.6. “Deputy Chair” means the deputy chairperson of the Association holding office

according to these rules;

2.7. “Funding Agreement” means any agreement of the Commonwealth, the State

Minister and/or the Local Government Bodies with the Association that provides

funds to the Association directly related to the Regional Development Australia

program;

2.8. “Funding Partner”: those bodies providing funding to the Association directly

related to the Regional Development Australia Programme as agreed by the

Commonwealth Minister;

2.9. “LGASA” means the Local Government Association of South Australia, a body

corporate pursuant to the Local government Act 1999, or its successors or assigns;

2.10. “Local Government Bodies” means councils constituted under the South Australian

Local Government Act 1999 or the Outback Areas Community Development Trust Act

1978 operating in the Region and which have current Funding Agreements with the

Association and “Local Government Body” means any of the Local Government

Bodies operating in the Region which as a current Funding Agreement with the

Association;

2.11. “Member” means any person deemed to be a Member of the Board under these

rules;

2.12. “Month” means a calendar month;

2.13. “Policy” means a policy of the Association approved the Board;

2.14. “President of the LGASA” means the person holding the office of President under

the Constitution of the LGASA pursuant to Schedule 1 of the Local Government Act

1999;

2.15. “Region” means Adelaide Hills, Fleurieu and Kangaroo Island Region; the geographic

region established by the State Government and is comprises of; The sum of the

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Local Government Bodies’ geographic areas or such other areas as the State

Government specifies from time to time;

2.16. “Regional Development Australia Program” means the program established jointly

by the Commonwealth, the State Government, and the LGASA to develop and

strengthen the regional communities of South Australia;

2.17. “Secretary” means the secretary of the Association holding office according to these

rules;

2.18. “Special Resolution” means a special resolution defined in the Act;

2.19. “State Government” means the Government of South Australia;

2.20. “State Minister” means the South Australian minister for Regional Development, a

body corporate pursuant to the Administrative Arrangements Act 1994; and

2.21. “Treasurer” means the treasurer of the Association holding office according to these

rules.

3. OBJECTS OF THE ASSOCIATION

Regional Development Australia is a national network of committees fostering regional

economic development. The Association will work with all three spheres of government,

regional business and the wider community to boost the economic capability and performance

of their region.

The Association will facilitate policies, programs and projects designed to strengthen human

capital, productivity, infrastructure, access to markets, regional comparative advantage and

business competitiveness, leading to increased economic activity and the creation of new jobs,

along with improved standards of living and working conditions.

3.1. The Association will:

3.1.1 undertake regional planning that takes into account the unique characteristics,

opportunities and challenges of a region, and aligns with the plans of all levels of

government, and tailors responses accordingly.

3.1.2 engage with stakeholders to identify initiatives that will deliver economic growth

that makes a lasting difference to their communities.

3.1.3 build partnerships, harness local leadership, marshal support, and encourage

cooperation between stakeholders to drive regional priorities.

Where funding to deliver specific projects or services has been obtained, the Association will

deliver those projects or services in accordance with funding agreements and in accordance with

the overarching objective of driving regional economic development.


4. POWERS OF THE ASSOCIATION

4.1. Powers

The Association has all the powers conferred by section 25 of the Act and without

limiting the generality thereof has the following specific powers to:

4.1.1 apply for and obtain grants or other assistance directly relevant to its objects

4.1.2 acquire, hold, deal with and dispose of any personal property directly relevant to its

objects

4.1.3 employ and to remunerate such servants, agents, employees, consultants and

contractors directly relevant to its objects other than Members

4.1.4 enter into contracts, agreements, arrangements and understanding directly relevant

to its objects

4.1.5 invest any moneys not immediately required for the purposes directly relevant to its

objects in such manner as the Board thinks fit and

4.1.6 Do all other things necessary or considered desirable by the Board directly relevant

to its objects for the purposes of achieving or carrying into effect any of the

foregoing.

5. MEMBERSHIP OF THE ASSOCIATION

The Association is to consist of Chair and Deputy Chair nominated jointly by the Commonwealth

Minister, the State Minister and the LGASA, with the other Members nominated and appointed

by the Chair and Deputy Chair.

The Chair and Deputy Chair are, subject to these Rules, to hold office for the term jointly

specified by the Commonwealth Minister, State Minister and President of LGASA in their

nomination notice.

Members other than the Chair and Deputy Chair, subject to these Rules, will hold office for a

period up to three years as specified in the appointment instrument.

The Association must notify the Commonwealth department in the event of a casual vacancy.

Notwithstanding Rule 7.3.8, the Commonwealth Minister, State Minister and LGASA may, at any

time, jointly nominate a Member for a vacant Chair or Deputy Chair position on the Committee

by notifying the Chair (in the case of a vacant Deputy Chair position) or the secretary (in the case

of a vacant Chair position), in writing, of the appointee and the expiration of the appointee’s

term.

5.1. There must be no ordinary Members of the Association;

5.2. The Association must only have Members;

5.3. All Members are Members of the Board;

5.4. A Member must be a natural person;

5.5. All Members must be persons legally able to hold the position of a director of an

incorporated company;

5.6. A current staff member or contractor of the Association cannot be a Member;

5.7. A right, privilege or obligation which a person has by reason of being a Member:


5.7.1 Is not capable of being transferred or transmitted to another person; and

5.7.2 terminates on cessation of the person’s Membership.

6. REGISTER OF MEMBERS

6.1. A register of Members must be kept by the Association and must contain:

6.1.1 the full name of the Member

6.1.2 the postal or residential address of the Member

6.1.3 the date of admission as a Member

6.1.4 if applicable, the date of death or time of resignation of the Members

6.1.5 if applicable, the date and details about the termination or reinstatement of

Membership and

6.1.6 any other particulars the Board decides.

6.2. The register must be open for inspection by Members at all reasonable times.

7. THE BOARD

7.1. General

7.1.1 The affairs of the Association must be managed and controlled by a Board which in

addition to any powers and authorities conferred by these rules may exercise all

such powers and do all such things as are within the objects of the Association.

7.1.2 The Board has the sole management and control of the funds and other property of

the Association.

7.1.3 An act or decision of the Board is not invalid by reason only of a vacancy in its

Membership or a deficiency in the appointment of a Member.

7.1.4 The Board must appoint a public officer as required by the Act.

7.2. Composition of Board

The composition of the Board is as follows:

7.2.1 a Chair and a Deputy Chair who are Members

7.2.2 a secretary and a Treasurer appointed by the Board and who are Members and

7.2.3 other Members as determined by the Chair and Deputy Chair.

7.3. Appointments

7.3.1 Nominations for appointment as the Chair or the Deputy Chair, when such positions

become vacant will be sought by a publicly advertised expression of interest (EOI)

process undertaken jointly by the Commonwealth, the State Government, the

LGASA (in consultation with the Local Government Bodies);

7.3.2 After the expression of interest process referred to in sub rule 7.3.1, the

Commonwealth Minister, the State Minister and the President of the LGASA will

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jointly nominate the Chair and/or Deputy Chair for appointment as Association

Members for a specified period, while each Minister remains a Funding Partner of

the committee, or, in the case of the President of LGASA, while Local Government

Bodies remain Funding Partners.

7.3.3 Upon receipt by the Board of notice of a nomination under sub rules 7.3.2 that

nominee is deemed to be, the Chair or the Deputy Chair (as the case may be) for the

term specified in the notice.

7.3.4 Nominations for subsequent appointment as Members when such positions become

vacant will be sought by a publicly advertised expression of interest process

undertaken by the Chair and Deputy Chair.

7.3.5 After the expression of interest process referred to in 7.3.3 the Chair and the Deputy

Chair will consult with the Commonwealth Minister, the State Minister, and the

President of the LGASA regarding their proposed appointments.

7.3.6 After the consultation with the Commonwealth Minister, the State Minister, and the

President of the LGASA and due consideration has been given to their views, the

Chair and Deputy Chair will determine the appropriate appointments.

7.3.7 A retiring Member, Chair or Deputy Chair, is eligible for reappointment.

7.3.8 Notwithstanding 7.3.4 rule, in the event of a vacancy, the Board may appoint a

person to fill a casual vacancy after consultation with the Commonwealth

Department, the State Minister and the President of the LGASA and due

consideration has been given to their views.

7.4. Member Vacancies

The position of a Member becomes vacant:

7.4.1 (a) on the expiration of the term of appointment, or

(b) if an appointment has not been made under the process set out in the sub rule

7.3 by the date, the day that such appointment is made (provided this date is no

later than 3 months after the day the term was due to expire), or

7.4.2 If a Member:

(a) dies;

(b) is disqualified from being a Member by the Act

(c) is permanently incapacitated by ill health

(d) is absent without apology from more than three meetings in a financial year; The

Board may grant a Member leave of absence from the Board for a period not

exceeding three months.

(e) is absent for more than three consecutive meetings without prior leave of the

Board

(f) becomes a contractor of the Association, or resigns by written notice addressed

to the Chair, or, if the Member is the Chair, to the Deputy Chair and that resignation

is accepted by resolution of the Board, or

(g) is the subject of a special resolution passed by a general meeting of the Board.

7.4.3 The Commonwealth Department, State Government and LGASA are to be consulted

before an ordinary Member is removed or suspended.

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7.4.4 Termination of Membership of a Chair or Deputy Chair will not be effective until

there is joint agreement of the Commonwealth Minister, the State Minister and the

President of the LGASA or upon receipt by the Board of a joint notice from the

Commonwealth Minister, the State Minister and the President of the LGASA to the

Board that that Member’s appointment is terminated.

7.5. Delegation by Board to Sub-Committees

7.5.1 Except as otherwise provided by these rules, the Board may, by instrument in

writing, delegate to one or more sub-committees (consisting of such Member/s as

the Board thinks fit) the exercise of such of the functions of the Board as are

specified in the instrument, other than:

(a) this power of delegation and

(b) a function, which is a duty imposed on the Board by the Act, these rules, or by

any other law.

7.5.2 A function, the exercise of which has been delegated to a sub-committee under this

rule may, while the delegation remains unrevoked, be exercised from time to time

by the sub-committee in accordance with the terms of the delegation.

7.5.3 A delegation under this rule may be made, subject to such conditions or limitations,

as to the exercise of any function, or as to time or circumstances, as may be

specified in the instrument of delegation.

7.5.4 Despite any delegation under this rule, the Board may continue to exercise any

function delegated.

7.5.5 Any act or thing done or suffered by a sub-committee acting in the exercise of a

delegation under this rule has the same force and effect as it would have if it had

been or suffered by the Board.

7.5.6 The Board may, by instrument in writing, revoke wholly or in part any delegation

under this rule.

7.5.7 A sub-committee may meet and adjourn, as it thinks proper.

7.5.8 A person nominated by the sub-committee, - must keep proper minutes of all

proceedings of meetings in accordance with agreed procedure.

8. CHAIR AND DEPUTY CHAIR

8.1. The Chair and Deputy Chair must be Members whose positions are jointly

nominated by the Commonwealth Minister, the State Minister and the President of

the LGASA;

8.2. Subject to this rule, the Chair must preside at all meetings

8.3. Subject to this rule, in the absence of the Chair at a meeting the Deputy Chair must

preside at that meeting

8.4. In the event of the absence from a meeting of both the Chair and the Deputy Chair,

a Member elected by the other Members present at the meeting must preside at

that meeting.

8.5. The Association must notify the Commonwealth Department in the event of a casual

vacancy. Notwithstanding rule 7.5, the Commonwealth Minister, the State Minister

and the LGASA may, at any time, jointly nominate a member for a vacant Chair or

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Deputy Chair position on the Committee by notifying the Chair (in the case of a

vacant Deputy Chair position) or the secretary (in the case of a vacant Chair position)

in writing, of the appointee and the expiration of the appointee’s term.

9. PROCEEDINGS OF MEETINGS OF THE BOARD

9.1. The Board must hold a general meeting, for the dispatch of business, at least six

times each calendar year at times reasonably spaced throughout the entire calendar

year.

9.2. At least 10-days’ notice of any general meeting must be given to Members. The

notice must set out where and when the meeting will be held and particulars of the

nature and order of the business to be transacted at the meeting.

9.3. A special meeting may be called by the Chair with at least 48 hours’ notice.

9.4. A special meeting must be called by the Secretary upon:

9.4.1 A resolution of the Board to that effect or

9.4.2 Receipt by the Secretary of a petition, signed by a majority of Members calling for a

special meeting.

9.5. The Board may invite such persons to attend its meetings as it may from time to

time decide.

9.6. Meetings must not be open to the public.

9.7. The quorum for a meeting must be 50% of the number of Members, ignoring any

fraction resulting from the calculation, plus one;

9.8. If a quorum is not reached, the meeting must be suspended until a quorum is

present, and if a quorum is not present within half an hour of the scheduled time for

the beginning of the meeting, the meeting is cancelled.

9.9. Subject to rule 9.10 each Member present at a meeting as one deliberative vote.

9.10. Questions arising at any meeting must be decided by a majority of votes and in the

event of an equality of votes the Chair has a casting vote in addition to a deliberative

vote.

9.11. A conference by telephone or other electronic means among the Members will, for

the purposes of this rule, be taken to be a meeting of the Board at which the

participating Members are present if:

9.11.1 Notice of the conference is given to all Members in the manner determined by the

Board for the purpose; and

9.11.2 Each participating Member is capable of communicating with every other

participating Member during the conference.

9.12. A proposed resolution of the Board becomes a valid decision of the Board despite

the fact that it is not voted on at a meeting of the Board if:

9.12.1 Notice of the proposed resolution is given to all Members in accordance with

procedures determined by the Board and

9.12.2 A majority of the Members express concurrence in the proposed resolution by letter

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9.13. A resolution mentioned in sub rule 9.12 may consist of several documents in like

form, each signed by one or more Members.

10. MINUTES

10.1. The Secretary, or person nominated by the Board, must keep proper minutes of all

proceedings of meetings in accordance with agreed procedure.

10.2. The minutes kept pursuant to this rule must:

10.2.1 be confirmed by the Members at a subsequent meeting and

10.2.2 be signed by the presiding Member of the meeting at which the proceedings took

place or by the Chair at the next succeeding meeting at which the minutes are

confirmed.

10.3. A copy of the minutes kept pursuant to this rule must, prior to the next scheduled

meeting, be provided to all Members.

10.4. When minutes are entered and signed they are, until the contrary is proved,

evidence that the meeting was convened and duly held, that all proceedings held at

the meetings are be deemed to have been duly held and that all appointments made

at a meeting are be deemed to be valid.

11. DISCLOSURE OF INTEREST

11.1. A Member who has a direct or indirect pecuniary or personal interest in a matter

under consideration by the Board must as soon as he or she becomes aware of the

interest, disclose the nature and extent of the interest to the Board and not take

part in deliberations or decisions of the Board on the matter.

11.2. A Member having a direct or indirect pecuniary interest in a contract or proposed

contract with the Association must disclose:

11.2.1 the nature and extent of that interest to the Board as required by section 31 of the

act, and must not vote with respect to that contract or proposed contract and

11.2.2 in writing, the nature and extent of his or her interest in the contract or proposed

contract to the Board within 14 days of the interest arising at the meeting of the

Board.

11.3. A Member will not be taken to have an interest in a matter for the purposes of this

rule by reason only of the fact that the Member has an interest in the matter that is

shared in common with the public.

11.4. A disclosure under this rule must be recorded in the minutes of the meeting at

which the matter, contract or proposed contract is under discussion.

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12. POLICIES

The Board may adopt Policies, or amend existing Policies, consistent with the objects of, and

related to the affairs of, the Association by a simple majority vote at any meeting of the Board.

13. COMMON SEAL AND EXECUTION OF DOCUMENTS

13.1. The Association must have a common seal upon which its corporate name must

appear in legible characters.

13.2. The seal must not be used without the express authorisation of the Board and every

use of the seal must be recorded in the minute book of the Association.

13.3. The common seal of the Association must not be affixed to a document except with

the express authorisation of the Board as per the Board’s authorisations.

13.4. The Board may, by instrument under its common seal, authorise a Member, an

employee of the Association (whether nominated by name or by office or title) or

any other person to execute documents on behalf of the Association subject to

conditions and limitations (if any) specified in the instrument of authority.

13.5. Without limiting sub rule 13.4, an authority may be given so as to authorise two or

more persons to execute documents jointly on behalf of the Association.

13.6. A document is duly executed by the Association if:

13.6.1 the common seal of the Association is affixed to the document in accordance with

this rule or

13.6.2 the document is signed on behalf of the Association by a person or persons in

accordance with an authority conferred under this rule.

14. FINANCIAL MATTERS

14.1. General

The Board must authorise in writing those Members or persons who may allocate

monies on behalf of the Board and set monetary limits on as per allocation and

aggregate basis for those allocations.

14.2. Treasurer

It is the duty of the Treasurer to ensure that:

14.2.1 that all money due to the Association is collected and received and that all payments

authorised by the Association are made and

14.2.2 that correct books and accounts are kept showing the financial affairs of the

Association, including full details of all receipts and expenditure connected with the

activities of the Association.

14.3. Finance Sub Committee

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14.3.1 The Board must appoint a Finance Sub Committee comprising the Chair, the

Treasurer and one other Member.

14.3.2 The role of the Finance Sub Committee includes oversight of the financial

management of the Association.

14.4. Financial Reporting

The Association must keep and retain such accounting records as are necessary to

correctly record and explain the financial transactions and financial position of

Association in accordance with the Act.

14.5. Appointment of Auditor

14.5.1 The Board must annually appoint an auditor for a financial year.

14.5.2 The auditor is eligible for re-appointment.

15. ALTERATION TO THE RULES

15.1. These rules may only be altered (including an alteration to the Association’s name)

by special resolution of the Members. This includes rescission or replacement by

substitute rules.

15.2. The Chair must give all Members at least 21 days’ notice, in writing, of any proposed

alteration of the rules before the proposed alteration is initially considered by the

Board.

15.3. The Board should consult with the Commonwealth Department, State or Territory

and Local Governments on any proposed significant changes to the constitution and

must give due consideration to the views of the Commonwealth Department, State

Minister and Local Government bodies on the proposed alteration.

15.4. Any proposed alterations created under this rule require the approval of the Board

before coming into effect.

15.5. The alteration must be registered with the Office of Consumer and Business Affairs,

Corporate Affairs and Compliance Branch, as required by the Act.

15.6. The registered rules bind the Association and every Member to the same extent as if

they have respectively signed and sealed them and agreed to be bound by all of the

provisions thereof.

16. DISPUTES AND MEDIATION

16.1. The grievance procedure set out in this rule applies to disputes under these rules

between a Member and:

16.1.1 another Member or

16.1.2 the Association.

16.2. The parties to the dispute must meet and discuss the matter in dispute and, if

possible, resolve the dispute within 14 days after the dispute comes to the attention

of all of the parties.

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16.3. If the parties are unable to resolve the dispute at the meeting, or if a party fails to

attend that meeting, then the parties must, within 28 days, hold a meeting in the

presence of a mediator.

16.3.1 The mediator must be:

(a) a person chosen by agreement between the parties or

(b) in the absence of agreement;

(i) in a case of dispute between a member and another member,

a person appointed by the Board.

(ii) in a case of a dispute between a member and the association a person

appointed by the Board, who is a mediator appointed to, or employed with,

a not for profit organisation.

16.3.2 A Member can be a mediator.

16.3.3 The mediator cannot be a Member who is a party to the dispute.

16.3.4 The parties to the dispute must, in good faith, attempt to settle the dispute by

mediation.

16.4. The mediator, in conducting the mediation, must:

16.4.1 give the parties to the mediation process every opportunity to be heard

16.4.2 allow due consideration by all parties of any written statement submitted by any

party and

16.4.3 ensure that rules of natural justice are observed throughout the mediation process.

16.5. The mediator must not determine the dispute.

16.6. The mediation must be confidential and without prejudice.

16.7. If the mediation process does not result in the dispute being resolved, the parties

may seek to resolve the dispute in accordance with the Act or otherwise at law.

16.8. The Association must pay all reasonable costs and expenses of the mediator.

17. WINDING UP AND AMALGAMATION

17.1. Subject to sub rule 18.2, the Association may be wound up or amalgamate with

another incorporated association in the manner provided for in the Act.

17.2. Except for the amalgamation with other incorporated associations contemplated by

the 2009 Regional Development Australia Program for the Region, the Board must

notify the Commonwealth Minister, the State Minister and the Local Government

Bodies before acting to wind up or to amalgamate with another incorporated

association.

17.3. If a third party or the Commission takes any action under Part 5 of the Act, the Board

must immediately notify the Commonwealth Minister, the State Minister and the

Local Government Bodies.

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18. APPLICATION OF SURPLUS ASSETS

18.1. Subject to section 43 of the Act, surplus assets must be distributed to an association

approved by the Board as being an association the purpose or purposes of which are

consistent with the purpose or purposes of the Regional Development Australia

Program or any program substituted therefore.

18.2. If there is no distribution under rule 19.1, the Commission or any person making an

application to the Supreme Court under subsection 43(3) of the Act must take into

account the terms of any Funding Agreements in force at the time of the winding up.

18.3. A special resolution under subsection 43(2) (b) of the Act must be consistent with all

Funding Agreements in force at the time that the Association is wound up.


If any circumstance arises on which these rules are silent, incapable of taking effect or being

implemented according to its strict provisions, the Board has the power to determine what

action may be taken to ensure the effective administration and objectives of the Board, provided

that such action will be determined at a meeting of the Board.



Item: 14.4 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Terry Crackett, Director Corporate Services Subject: Amendment to East Waste Charter

SUMMARY

The Eastern Waste Management Authority (East Waste) Board has proposed an amendment to their Charter to allow Member Councils to appoint a proxy member (Deputy Director) who will have voting rights in the absence of the Board Member (Director). The proposal was considered and supported by Council at its 27 January 2015 meeting. Unanimous support is required by all Constituent Councils for this amendment to be gazetted and a response is requested by 24 August 2015. RECOMMENDATION That Council resolves: 1. That the report be received and noted.

2. To endorse the proposed amendments to the Eastern Waste Management Authority (East Waste) Charter as contained in Appendix 1.

1. GOVERNANCE

Strategic Management Plan/Council Policy Goal 4 A Recognised Leading Performer Key Issue 4.1 Leadership Key Action 4.1.4 Meet legislative, regulatory and good governance

responsibilities and obligations Legal Implications The East Waste Charter is governed under the Local Government Act 1999 and is gazetted by the South Australian Government.

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 Amendment to East Waste Charter

Page 2

East Waste has sought and obtained legal advice in relation to the drafting of the proposed clauses. Cr Linda Green is Council’s appointed director on the East Waste Board. Risk Management Implications Ensuring that there are sound governance arrangements with Council’s s43 Regional Subsidiairies will assist in mitigating the risk of:




Amendments to the Charter must be agreed by resolution of each of the Constituent Councils. Financial and Resource Implications The resource implication is that a Council Member or Staff Member appointed to the position of Deputy Director will need to be familiar with the Board’s business and available to attend meetings as required. Customer Service and Community/Cultural Implications There are no direct customer service implications relating to the review of the East Waste Charter. Environmental Implications Not applicable. Community Engagement/Consultation Not applicable.

2. BACKGROUND The current Charter was gazetted on 29 November 2012 and requires that constituent Councils must conduct the first review of the Charter within 2 years from that date. The East Waste Board has consulted with Constituent Councils and advises that a universally accepted proposal was:

That each Constituent Council be able to appoint a proxy to the East Waste Board who, in the absence of the Board Member, has voting rights.

This proposed amendment was supported by the Board and it was resolved to amend the Charter to include a clause to reflect this. Legal advice was provided in relation to the drafting of the proposed clauses.

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 Amendment to East Waste Charter

Page 3

3. ANALYSIS

The updated draft Charter is attached as Appendix 1 with changes highlighted. The Charter requires a resolution in the same terms from each Constituent Council before any amendment can be made. The clauses provide for each Constituent Council to be able to appoint a Deputy Board Member (Deputy Director) who, in the absence of the Board Member (Director), will have the same powers as a Director pursuant to the Charter. If all member Councils pass the resolution, the amendments will become effective once published in the Government Gazette. Without unanimous support, the Charter will remain as it was when gazetted on 29 November 2012.


I. To endorse the proposed amendment to the East Waste Charter.

II. To determine to not endorse the proposed amendment &/or to propose an

alternative amendment. Option I is recommended as Council has already signalled its support of the proposal and it will enable Council to retain voting privileges when the Board Member is absent..

5. APPENDIX (1) East Waste Charter 29 November 2012 with highlighted clauses

Appendix 1 East Waste Charter 29 November 2012

5216 THESOUTHAUSTRALIANGOVERNMENTGAZETTE [29November20l2

LOCAL GOVERNMENT ACT 1999

E .ASTE RN W=1STE 'fv l.xx.xa Ell ENT A UTHOR ma

C]'wrrter

P.ART I P RELI)illN.AR Y

1. DICT?ONARY

In this Charler:

Absolllle lriajoriQ' means a majority ot' tile wllole number orthe Cons}ituent Councils..4cf means Local Govemment Act 1999.

ilniutal Plaii means an Annual Plan that confomis to Parl 14 and last adopted by the Board..4udiorit.v means Eastem Waste Managemcnt AuThority ( East Wastc' ).Board means the board of managetncnt of lhe Auiliori(y.Borrosvings Limit means at any time the amoiuit authorised in the ciirrent Amiual Pian and Budget or the Authority.Budget means a budget that conrorins to Part 14 and last adopted by the Board.Business Plan means a business plan that conrorrns }o Part 12 and last adop(ed by the Board.Chief Evecutive Officer memis art any time the chief exccuxive ofTicer of the Authority and includes that person's deptity or aperson acting in that position.Comtiruent Coyincil mcans at airy time a constituent coiuicil in relation to the Authority and on the date of publication or thisCharter in the Ga=ette mcans Adelaide Hills Council City of Burnside, City or Campbelltown. City of Norivood Payiieham andSt Petcrs, City of Mitchmn. Corporation of the Tovvri of Walkervillc.Core .4ct#ity means collection, recycling and/or disposal or waste produced ivithin the area of one or more of the ConsiinientCouncils.

l)epirg' Dn'et'rcg' incans a dcpuiy Iiir it Dircciiir.Director means art any time a membcr or the Board.Fiiiancial Year means l July in each year to 30 June in the subsequenl year.Gccette means the South Aus}ralian Governrnen( Gazette.

Non-core .4ctivfly means an activity thai is not a Corc Activity.Non<ore Assets means in relation to a Non-core Activity any assets or the Authority acquired ror the purpose of thai Non-coreAc(ivity and includes any revenue derived from that Non-core Activity. Where an asset or revenue is acquired or derived forboth a Corc Activity and a Non-core Activity, a fair allocation between those ptuposes must be made by the Board.iS'on-core Liabilities means in relation to a Non-core Activity any liabilities of the Aulhority incurred or assumed ror thepurpose of lhat Non-corc Activily. Where a liability is incurred or assumed ror both a Core Activity and a Non-corc Ac(ivity, af'air allocation between ffiose purposes must be made by the Board.Non<ore Plan means a plan ror a Non-core Activity that con('omis to Part 13 and fomis pan or the Business Plan.Share means a Consiituent Councilas percentage share in the assets, liabilities and revenue or the Authoriiy. On the date ofGazettal or this ?er, the shares are held betsveen the Consiiment Councils in equal proportionsThe Shares may be vaxicd by agreemem in ivri}ing of all the Constiiuent Councils, and must be reviewed (and ir necessary.varied) where a nesv Constituent Council is admitted or an existing Constituent Council resigns.Siniple M:oriy mcans a inajoriiy or dse Directors present at a Board Meetig and en!itled 10 Vote, or a majority decision of theConstiluent Councils as the case may be.Surp!us Fmds means fiuids that are surplus to the long-temi finmicial requirements of the Auihority. as evidenced by itsBusiness Plan.

Unanimous Decis=n means a decision made by all of the Cons}ituent Councils as voting in the smne manner.H'aste means any and all waste as approved by the Environment Pro}ection Act licence held by the Authority and includesdomestic and commercial kabside wastc, kerbside green and food/organics. kerbside reqclable material, Council waste andCoiuicil depot was{c.

Subjeci to ffie above. svords and expressions in this Chaner mvc the same meaning as in a provision of the Aci thai deals xvith thesatne ma}ter.

2. INTERPRET-ATION

In this Chaner: The singular includes the plural and vice versa and svords importing a gender include other genders; wordsgenderthe Actirnponing natural persons include corporatio

substantially replaces that section and dealsions: rererence to a section(s) is to a section of d'ie Act and includes any section ffiai

ixiih the same niaiter; headings are ror ease of rererence only and do nor affect theconstniction or 'this Chaner.

3. ABOl'l TtllS CHARTER

3.1 ThisCharteristhccharterofthcAulhority.

3.2 This Charter binds the Authorky and ench Consiitueni Council.

3.3 Despile any olher provision in this Charter:

3.3.l iftheActprohibitsathingbeingdone,theffiingmaynotbedone:

3.3.2 iftheActrequiresathingiobedone,Bomdapprovalisgivenforthatthingtobedorie;and3.3.3 if a

thatprovisionsevered frfrom this Charter ro the extent of ilie inconsistency.

of this Charier is or tiecomes inconsistent svith the Act. that provision must be resd doxi'n or failing

This Charier may not be amended except as all The Constituent Councils may agree by each passing a resolution in the sametemis. An amenchnent is not effective unless and until published in the (xcette.

3.4

29November20l2J THESOUTHAUSTRALIANGOVERNMENTGAZETTE

3.5 The Constitueni Councils may vcvicsv this Charier art any time, but must in any event revicw this Charter at ]east once inevery rour years.

3.6 Notwilhstanding C!ause 3.5, the first teviesv of this Charter is to bc comp!eted tivo yem's Jrom the date of Gazetm) or theCharter.

5217

Pi?r2-Acr+iop:i'ry

4. ABO(ITTHEAU??140RITY

The Authority is art Authority eslablished under tbe Act.s. NAillE OF THE AUTHORITY

The name of the Auihority is Eastem Waste Mmiaganeni Authority trading as ' East Wasie'.6. CORPORATE STATUS

The Authority is a body corporate.

PARI' 3-FUNCTIONS AND POWERS

7. PROPERTY

Thc Authority hotds m property and assets on behalf or the Constituent Councils.8. AREA OF INTEREST

die .areas of thc Consiitiie.ni Councils where thai actiii?ity liaq be;The Authority may ordy undertake a Non-core Activity outside tapproved by Unmiimoiis Decision of lhc Constihient Councils as being ncce

i Authori(ynecessary or expediem to the perfomiance by the Aii*orityapproved by'

of its Uinctioi7ons and is an ac(ivity included in a Business P{an of the9. PURPOSE AND FUNCTIONS

9.1 TheAuthorityisesmbiis)icdbyiheConstituentCouncilsforthepurposeofihecolleciionanddisposaiofWaste,primarilywithin the areas of die Constituent Councils and has the fol{owing-runciions in this regard:9. 1. ! to predominantly operate or ob(ain serxic(:s for lhe collection of Waste on behalf of Constituent Councils and/or9.1.! topredominantlyoperate

other approved Counci)s:

9. 1.2 to provide waste managcm.cnt services whepter in or (so rax as the Act allows) outsidc the. area of any of thcConstiiuent Cotincils, including wnste colicction, tecycling of organic and inorBanic mmeria?s, disposal of xvaste;

(o undenake rnanagetnent and ooiicaion or Waste (in accordance wiffi regulatory appmvais) and kerbside niaierialsrxovery, on bcha}f ot' Constiiuem Coiincils (and/or other approv'ed councils) in an envimnmemally responsible,rxovery, on bcha}f ot Constituent Uoiincil8 (anfforeffectivc. e(][icient, economic and competitive manner;

The rollowing funct? may be undettaken by the Aulhority bul only wbere required or directed by one or more ConstituentCouncils and charged directly to The Cotincil or Councils so requiring or directing:9.2.] ioproniotethetninimisationofWasteinthearcasofdieConstituentCoiuicils;9.2.2 to promo(e the recyc!ing of recyclable rnaieria!s tri the arais or lhe Consti(uent Councils

9.2.3 to undertake Waste conuiiunity education programs on behalf of lhe Constituent Councils:

9.2-4 on Mialf or dse Constitueni Councils or on its o?svn behalf', tc+ liaise with oiha councils. the Siac of South Australiaand die Cotnmomvealth or Australia and dieir respective instmmenta{ities ror matters relating to Wastemanagement in the common interest of the Cons(ituent C6uncils;on behalf or the Consiituent Caiincils, provide a represemative to any stattiioty board or statutory committeeconcerned 'h'ith waste management that ailows two or more or the Constituent Councils to nominate arepresentati?ie;

on behalf of the Constihient Councils or ori its oi,x'n bdia{f, to make application for grants and other funding ffomthe Stmc or South Austra)ia and the Commonwealth of Australia mid their respective insinunenialities kr thepurpmcs orthe Auihority;

9.2.7 to keep Corisitiuent Councils abreast of any emerging opportunities/trends/issues in waste managernen!:9.2.8 toundertakeaciivitieswhichresultinabcncficialuseofWasteonbelialrofiheConstituentCouncils:

9.2.9 to conduct all activities in a mamier which complies ivith all regulatory requirements mid miniiritses risks to theConstituent Counci!s;

g.=. to 011 behal r of die Constituent Councils or ori its own behalf, to liaise iviih relevant State Governmeiit agencies suchas Qrea) ,Jn31lyt0@s SA (spccessor to [email protected], Environinent Pmiectioii Authority (oi equivalentsuccessor orgariisations), taking iri(o accounl its'appmved Businss Plan',

9.2-11 on behalf or dsc C.o.iistitiiem Co.uncils, to pe5'form and/or monilor !lie etTectiveness and application of rundingarrangements agreed by thc Cons(ituem Coiuici}s [or waste rnanaganent:

t.on and consideration of t.opics relatin6 to the Conpittuent Councils' responsibilitiesin the area or the Coiistitiient Councds and the implications of thai managemem

9.2. 12 to provide a romm ror dipcussi.on and consideration of t.opicsto amanage waste particuiarly in the area ibeyond the area or thc Constituent Councils.

9.I.3

9.2

9.2.5

9.2.6

10. POWERS

The Authority mty do anything necessary, expedient or incidental to performig or discharBin,o its fiinctions including, widioutlimitation:

10.1 becomeamemberofand/orco-operateivilhanyorganisationziithconip!anenlaryfiinc(ions;

10.2 receivegiftsofmoneyorpropertvfomanyperson;

10.3 makepayablebyanewCoristitucntCouricilanyjoiningfee;!0.4 carry out its Amiual Plan and Budget:10.5 carry out its Business P}an and Non-corc Plans:

10.6 make payable by Constiiuent Councils contributions to tlse Atidioriiy in proparaon to Uncir Core Shares;

5218 THESOUTHAUSTRAL?AN'GOVERNMENTGAZETTE [29Novernber20l2

10.7 employ and dismiss a Cliief Execuiive Oflicer:

10.8 comract wirli any pcrson:io.g acquirc or dispose or any teal or personal

Decision of the Coristituent Councils:propeny in accordance with thc Busincss Plan or otherii'vise svith a Unanimous

10. !0 operate mi accoum or accounts ix'ith a bank or svmi the Local Government Finance Authoriiy, or bodi;10. 11 borrosv or raise money xvithin the Borrowings Limit;

to. 12 lend money in accordance wilh thc Business Pian or pursuant to a Unmiimous Dccisioit of the Consiitueni Council;10. 13 insure against an>i risk:

10. 14 enter into a partnership or joint vemurc svid'r any person in accordance widi the Business Plan or pursuan( to a UnanirnousDecision of'ihe Constiiait-Councils:

10. 15 pay any cost or expense of the establishment, operation, admiiiistration or mnding up of thc Auihority',10. 16 compromise, compound, abandon or settle a debt or claim osved to the Auihority;!0. 17 waive a legal or equitable or sta(utory right;

10. 18 refcr a dispute between the Authority and any third pany (other than a Constituent Council) to arbitraiion;

10. 19 allocate receipts and expenditure betwcen Core Activity and Non-corc Activiiics and betwaa each Non-core Activiiy:10.20 where the same services/activities are nott beino provided equally to all Constituent Councils, to c!sarge the differential costs

benefWing Councils;or those serviccs/ac(iiities dicectly to the

10.21 charge Constiiuent Councils the ill costs incurred in the delivery o(' the services to theiii, such costs being caiculaied on auscr pays basis (including depteciaiion and other overheads ror us6 of shared assets, and all other common empenses)',

l(IJ) charg,e non Coristituent Councils a price. bascd on an estimatc or costs incurred in proiiding the servicc plus a riiargin forprol'il and risk;

10.23 mske any election for lhe purpose of any tax;

10.24 delegate the exercise of miy or its runctions or other powers (including the receipt and payment of money) to any person:10.25 kise poih'crs given to trustees by law, equity or statute and not necessarily inconsistent ssrith this Cbarter or the ?ctions or

the Aiithority:

?0.26 pay to tha Constituent Councils or acciimulate as reserves for up to such period as ihc law allows miy surplus funds:?0.21 such other possicrs as the Acl or this Charier may conrcr upon lhe Authorit)+:

10.28 all lhings inciden(al to lhe exexcisc or any oThcr power of the Au(hority.li POWEROFDELEGATION

As a matrer of record, Schedule 2, Clause 36 of thc Act vests a power or delegation in the Aulhorily. The Audiority may nordelegate the following powers or fiirictioiis:

114 thepowertoiniposecharges:11.2 the power to enter into !rmisactions in excess of $50 000 unless autborised in an Annual Plan;

11 .3 the power to borrow money or obtain any other form or financial accommodation imlcss authorised in an Annual Plmi;

11.4 the posvct to approve expenditure or money ori thc works. services or opgaiions.of the Authoriiapproved by the Audioriiy or whcre requircd by this Charier approved by the Constituent Councils;

of the Authority not sct out in a Budget

11.5 the poivcr to approve k reimbursernent or expertises or payment or allowarices to members or the Board or Management:H.6 thepoivertoadoptaBudge(;il.7 the posver to adopt an Annual Plan;

11.8 thepoii'ertoadopiaBusinessPlan(ormiycomponentthereof);

) 1.9 the posver to adopt or revise financia{ estimates and reporb: and

11. 10 the povver to make? any application or recommendation to the Minister.32. GtllDlNG PRINCIPLES

The Auihority must in thc perromance of its functions mid in all of ib plans, policies mid activiiis givc ire wcighi to cconomic,social and environmental considerations.

Pzxa'r4??oxs'n'i'u'pxy Cotixcii?s

13. CONSTlT[iF.NT COtiNCILS AIAY ACT INDEPENDENTLY

A Constituen( Council may perrom ror ilself the sa!ne runctions and powers as the Authority cou!d on behalf ot' that ConsiituentCouncil.

14. INCOMING CONSTlTtfENT COUNCILS

14. t Any council may bccome a Cons!ituent Council (an hicoming Constiment Council) if'.

14. 1. l it makes written application (in a form approved by the Board) to bccome a Consiiiueni Council and agrees to bebound by this Chmter (noting'that Shares 'will change);

{4.12 its application is supported by a thorough, realistic, iridependent, and diligent Business Case analysis:

14.l.3 iipaysanyjoiningfeeorotherpaynientasrnayberequiredbytheBoard;

14. 1.4 lhe Constituent Councils approve the application and rcvised Shares by Unanirnous Decision: and

14. 1,5 the Minister approi'es.

14.2 An (ncoming Constituent Council:

14.2. I is )ointly and severally hable wrth the otlxer Constituent Counci)s ror the debts and Iiabilities of *e Aulliorityiricurrcd berore or after the dace it becomes a Constituent Council, or as o(herwise agreed;

29November20i2] THESOUTHA'USTRAljANGOVERNMENTGAZETTE 5219

14.2.2 is boium by a dccision miide or step taken by the Board in the nrfairs or the Auihoriiy before it became aConslituent Council to the extent such decision or step svas recorded in nThnules or the Boardas mcetings ormcetings or

:ai! Council:ollierwise notified to the Incoming Constituent Council b6'tore it made application to beconic a Coristituai!and

14.2.3 upon becoming a CoConstituent Coimcils.

a Constitucm Council has the Slinrc ayecd bctmen the Incoming Constituent Council and the

15. Ol.iTGOlNG CONST?TLIENT COliNC{LS

15.1 AConstituen(Councilmayresignifandonlyif:

!5. 11 ile Constituem Counci) gives at least 24 months' ivritieri nonce or resigiaiion to each Constimcnt Couricil, whichnotice is effeaive on thc ncxx 30 Jmc on or afker expity of that period:

15.l.2 tlieBoardbymajoriiyvoteapproves:and

15.l.3 iheMinisierapproves.

15.2 A former Consiituem Counci{ retnains liab!e to contribute to the dcbts and iiabilities of tire Auihority incurred whi]e it was aConsti(uent Council including by contributing to lhe deprcciated value or any asset acquired durig that time, and ror a shareof any future losses on contracts-cntered into ihi{st a C6nstituent Council.

?5.3 A formet Constitucnt Council:

15.3.l isriotentitledtoanyrcfiindofcoiitributionsmade;

?5-3.2 relinquishesanybeneficiaiintercstiniheassetsoFiheAiithoriiy;and

15.3.3 rernainsboundbymiyseparatecomractinrorzbehveentheAuthorityandthefoiiiierConstiiuentCouneil.

15.4 ThisCIauseistobercadconjunctively*ithC}ause57ofthisCharter.16. NO TkANSFER OF MEMBERSHIP

Members!iip of the Authority is personal to the Constkueni Council mid is not transterable.17. CONST{T[!E;%T COUNCILS MAY DIRECT THE AUTHORITY

17.? TheAiithorityissubjecttothejointdiiectionandcomrolofiheConstihientCouncils.

17.2 To be effectivc, a de(ennina(ion (F direction or other decision or the Constimnt Councils must bc a Unanimous Decision andevidenced by either:

17.2.l arniriutesigncdbyihechairo('amectingofauihoriseddelegaiesoftheConstituentCouncilsthatatsuchmeetingaa rniriute signcd by the chair o(' a mecting oi' auihorised delegates of the Constituenidecision was duly made by each dclega(e on behalf ot' their Constituerit Coimci}; or

17.2.2 aresolutioninffiesametennsinfavourofthatdecisionpassedindividuallybyeachortheConstituentCouticils.18. CONSTlTUE%iT COLiNCiLS ARE GUAR;JJ%TORS OF THE AUarHOR{TY

18. 1 As a matter of record, .Schedule 2, Cfause 3 I (I) of the Aa is that liabilities incurred or asstmied by die Authority areguaranteed by the Constiluent Counci!s.

18.2 As benveen thc Constituent Councils, they share in the Iiabilities of the Auffiority in proporffon to their respective Siiare.19. SPECIAL DECF+IONS FOR THE AUTl'lORlTY

any person on its behalr may give effect to a Special Decision unless the Constituent Couriciis vote in:ie Special Dccision by Absolute Ma3oriq.

Qeither the Authority porravour of a resoltition ror die 3pecial Dccision byFor these purposcs. a Special Decision means miy or k following:

(a) adopt or vary a Business Plan:(b) adopt or vary an Annual Plaii:

(c) delega}e the autbority or the Board to miy person other dimi die Chief Execuiive Officer,

(d) to miy extent not provided for in a Busincss Plan or Annual Plmi and Budgei:(i) call on Consti!uen! Councils to conmbu(e finids;

(ii) grantorvaryaguarantee/ffide?ityoftheobligationsofmioiherperson;(iii') apply for govcrnment funding:(iv) obiaincreditexccpiintheordinarycourseofthcactivitiesoftheAuthority:(v) acquire (by pgchase or finance leasc) a capilal asset;(vi) dispose ot a capital asse( except at the end of ils effeclive life:(vii) take a lease or tenancy or any premises;(viii) eiriploy any employees.

Thc Authority must promptly give effect to Speciai Decision madc in conformity ivith this cJause.

PART s-DIRECTORS

20. QtiALlFlCATiON OF DIRECTORS

A Direclor must be a natural person.

21. APPOINTMENT OF DIRECTORS

21. l Subjcct to the proyisions of C1auses 33. I and 33.2 the Board shatl consist or sevcn Directors appointed as follois's:21.11 one person appoin(ed by each Constituent Couiicil which person may be an offiar, employee, elected menber of a

Constiment Couricil or art indepaident person who wi!l be appointed fo? a bso )iear temi: and

29November20l2] THESOUTHAUSTRALIANGOVERNMENTGAZETTE 5221

onc independent person (who shall be thc Chair) appoimcd jointly byfor a hvo year tenn (and at thc expimtion of the term is eligible ror nor elected member of a Constituent Council, but svho has expertise in:

by Absolutc Majori(y of the Constitucm Councilsre-appointment-) sv)io is not an officer. employee

(a) corporate finmicial management mid/or

(b) general managemen} and/or

(c) waste management and/or

(d) transport fleet management and/or

(e,) public scctor governance and/or

(7) marketing andlor

(g) economics andlor

(h) environmental managemcnt.

21.2 Each Constiment Council must give to the Authority a wriuen notice or appointment or the Director appointed under Clause21 . 1. I and written confimiation of ffieir agreement with the proposed appoin(ment of lhe Direc(or under Claiise 21 . l .:2.

Each Director must give to the Authority a ivritten consent to act as a Director, signed by him/herself.

I:acli Coiisiimenl Cotmi:il must alilxiiiit a (;icrson to be a Depiity Dirccior l<>r sll(:11 li:nll ils dcicmiiiii:d by llial ('onsiiiucniCoLlll1:11 wli0 mil; a('l in placc ol'lllal Collslllllenl Coull(:ll's Dlr(:('Rlr. UUld ivill liavc llic same po{s'crs as a I)ir!:(:lor pursuillll 11)tl'ii: ('Iiarler. if thc Dircc!or is unabli: Iiir airy rcas?m lo bc prcsciil a[ a ItieeUrig 01' llii.: Board: and

21 .4. I I r al iiiiy limc a l)cpu}y l)ircc{or is rcmm'cd lioin llieir ol'lice pursuailr to Clausc 22.?1. the Coiisli!ucnl Ct)1111(il nlllslappoiiil aiiotkr pcrson to bc a Dcpul'> i)irccior.

22. REMOV.AL OF DIRECTORS

22. l Neither the Authoriiy nor the Board may remove a Director.22.2 A Constituent Council whichy appointed a person as a Direclor may remos

?r the Director, signed by the Chief Execu(iveDirecior3nay remove that person From off'ice by giving to the Auihoriiyby

lCia xvritten notice of removal of tte Director, Oticei of the Constinient eounci[

22.3 The Direcior appointed pursuant to Clause 21. 1.2 may be removed by a decision being a resolution in the same or similarterms passed by 'an Absolute Majority or the Constituent Councils.

22.4 The Board may recommend to Consiituent Councils, that thc appointmem or a Director be temiinated in the event o0

22.4.l behaviouroftheDireciorwhichintheopinionoftheBoardaniountstoimpropricty;

22.4.2 serious neglect or duty in attending to the responsibilities oi' Direcior:

22.4.3 breach of fiduciary duty (o the Board:

22.4.4 breach or the duty or confideniialiiy to the Board:22.4.5 breach of lhe conflict of in(eres} niles of the Board: or

22.4.6 any other behaviour which may discredit thc Board.22.5 TheoticeofaDirectorbecomesvacantit'theDirector:

22.5. } dies:

22.5.2 is not reappointed;

22.5.3 resigns by ivriuen notice addressed to the Constinient Councils and scrved on any of lhem:

22.5.4 becomes banknipt or applies ror the benefit of a law ror the relief of insolvenl deb}ors;

22.5.5 ssras when appointed an elected member or employee of the Constituem Council svho appointed them and ceases tobe an electea-member or employee of that Constiniait Council: or

22.5.6 svas appointed by a Constituent Council, which ceases to be a Consiihient Council.22 ( REllOl'AL (H: I)Ei'( Tl D(REC1'ORS

22A. l Neilher the ,aludiorirv nor 1111: Board may rcniove a Deputy Direi:(or.

22?1.2 ;-l ( onsltlui:nl C(111111:11 %l'lll(:il appoinlckl a persoli l a l)cpul'! [)ircctor may rcmos'e Illal pcrson I'rl)111 llicir I:lNncc b;' gl% lng lhetloarJ it isriucn rusacc of ri:iiioval of tlii: l)cputy L)iri:ctor, sigiicd b> tlii: (:hicl' Exccutiire O(iii:cr of tlic Coiisiimcni (ouiicil.

22#l.3 'l lit: Board may rccoimiicim lo Coiisliluciil Ct+uncils thai thc appiiiiiuni:m of a [)cpiii> Diri:i:(cir ina>' bc tcrrninalcd in the cvcmol"

22:S.3. I bchaviour ol'ilic Dcputy Dirccior iiliich iii tlic opinion iil'tlie Boiird anmunts m itiipmpriciy:

22:'i.3.2 scrious iicglci:t ?if'dul>' iii a+icmling to llii: rcs(xinsibililics ol'tiic Dcpuiy Dirccior:

22.?1.3.3 brcai:li oI' Iiduciary duty to il'ic Board:

22A.3A brc:ich ol'dtiiv ii(i:onfidcmiiilily to ilii: Boiird:

22.?S. 3.5 brcai:h ot'thi: conflii:i of imi:rcsl rules tir Ull: 13oard: or

22.:l 3.6 mis: oihcr bchai tour ivhich may discredit the BoariJ.

22rS.4 Thc ollicc t'il'ii Dcputy Dircctor bccomes vacanl il'tlic Dcput> Dirccior:

22A.4. I dies:

22:S. 4.2 is not rcappoimcd:

J'A.4.3 rcsigns b>' urittcn noticc adJri:sscJ I(1 0nc Constituciil Coiiiii:ils arid scrvcJ rm Flll> oTuicm:

22A.4.4 bccomcs baiikrupi or applics I'or the beni:lit ?il'a l;nv fur tlii: rclic('o}' iiisuliieiu Jebtors;

22.=l.4.5 ss'p ss hi:n appiiinti:d iln elected mcmhcr or cmpk+vcc or tlic Coiistiiticiu Couiicil xiiio iipp?iimcd ihcm aml i:cascs t?i bcmi clccii.:d mi:mber l)l' cmployi:c oi' diai C:onsiiiucm (ouiii:il: or

22:S. 4.6 ss as alipoiiiicd by a Conslitucnl (Jotiiicil. siliidi ceascs to bc a Coiistitucm Couiii:il.

711)

21.3

21.4

5220 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [29 November 2012

23. REM(iNERAT[ON ,(ND EXPENSES OF DIRECI?ORS

23.1 TheAuthoritywillonlyremuneratethelndependeiitDirector/CiiairappointedunderClause21.l.2.

23.2 The Board vvil{ dctemiine }?ie level of the remuneration (no rna(ter hosv it is classified) or the Independenl Direc}ori'Cbair, bVliamng regard {o its Direc(or/Chair Remuneration Policy.

23.3 The Authorityy can pay a Director's trave)ling and other expertises that tbey properly incur itwith the prior approval of thc Board as recorded in minutes or Board rneelings.

ly incur in connection sith the Authori!y'sbusiness arid

24. REGISTER OF INTERESTS

A Director is required to submit returns to the Authority under Cbapier s, Part 4, Division 2 of ilie Act.25. PRO'rECTlON FROM LlABiLITY

As a tnalter of tecr.inJ, Schedtiie 2, Clause 38 or the Acs protects a Director rrom certain civil Iiabilities.26. S.JW}NG PROVIS?ON

As a matter of record, Schedule 2, Clause 40 of thc Act is diat no act or proceeding of the Authoriiy is invalid by reason ol:26. l a vacancy or vacancies in the membership or the Board: or

26.2 a derect in the appoinunent of a Director.

P.ur 6-OTHER OFFICERS

27. CIIA?R

27. l At a?l times, the AuThority n>ust have a Chair. who will be the independent D#ecior appointed ui'ider Clause 2Ll .2.27.2 The Chairas functions are:

27.2, l to pteside at all mee(ings or the Board:

27.2.2 toserveasanexo§ciornemberandchairofallcommitteesestab{ishcdbyiheBoard:

27.2.3 torepresenti!ieAuthorityinrelationsisiththemediaandihepublicgeneraily:and27.2.4 to exercise othcr functions as the Board deFerniines.

29November20l21 THESOUTHAUSTRALIANGOVERNMENTGAZETTE 522I

28. DEPt:TY CHAIR

28. l At al} times, the Authority must have a Deputy Cliair, who must be a Board Membcr.

28.2 The Boar; appoinls Ille Deplllv Chair and mav at an} rime removc tr0m office thc Deputy Chair and appoint a rcplaccmentDeputy Chair.'

28.3 The Depiity Chair's fiuiciions are'.28.3. I to assis( lhe Chair; and

28.3.2 to exercise thc Chairas functions svhenever the Chair is unable to do so.

28.4 A person ceascs to be Deputy Chair if they ccnse to be a Board Member.29. CHIEF EXEC[lT[l'E OFFICER

29. l At all times so rar as practicable. the Authority must have a Chier Executive Offlccr.

29.2 Ai any iirne tbe Board may gii'e a new tide to the position of Chicr Execuiive Officer in wbich case this Chaiter is taken torefer to the same position under a ncsv title.

29.3 aThc Boardexceed fisie

shall appoin( a Chief Exccutive Officcr on a fixed term performance based employmem contracg which does noryears in duration.

29.4 The Board may at the end of the comract tenn, enter into a tiesv contract not excccding five years in duration xvidi the sameperson.

29.5 The Boud may tcvokc or varyChief Executive Officer and the

an appoin(mentAuthority.

of a Chier Execu}ive Officer, subject to any agreement made between the

29.6 IntheabsenceoflheChiefExecutiveOfficerer for any period exceeding one week, the Chier Execuiive Officer shall appoint aOfficer. l r the Chief Execinive Offlcer does not make or is incapable of n'iakingsuitable person as Acting Chief Executive

such an appotnlment. a sui(ablc person must be appointed by the Boar429.7 The Bogd delegates responsibiiity for day to day management or ffie Autliority to the Chief Executive Offica, who will

sound business, risk minirnisation, financial and human resourcc management practices are appiied in theensure that

eflicient and effertive managemem of the operations of die Autbority.29.8 ThefiinctionsoftheCliiefExc>iiveOfficershallinclude:

29.8. 1 aisuring that the dccisions or the Board are implememed in a tirncly and efficient maniier;

29.8.2 providing informalion to assist the Board to assess ffie Auihority's performance against its Business Plan;29.8.3 appointing,rnanaging.suspaidinganddisinissingotheremployeesorthc,iluthority;29.8.4 providing advice and reports to the Board on lhe exercise and performance or its posvers and functions under this

eharter or any Ad:

29.8.5 co-ordinating andimprovemenr of the

initiating ptoposa}s for consideration of the Board including bur not limited to continuing: operatioris or die Atiihoriy:

29.8.6 ensuringthattheassetsandresourcesoftlieAuihorityarepmpedyrnanagedandmaintaied;29.8.7 ensuringtiiatrecordsrcquiredundertheAcloranyother{cgislalionareproperlykeptandtnaintairied:29.8.8 exercising, perfomiing or discharging other poih'ers,

or under the Act or any other Act, and per[ormingfinancial outcomes in accordance with adopted plans and budgets.

liinctions or duti4 conrcrrcd on the Chief Executive Oflicer byother functions Iawfully directed by the Board, and achieving

29.8.9 issuing notices calling Board meetings;

29.8. }O attending all Board meetings and keeping correct minutes of Uie prooeedings unless excluded by resolution of theBoard:

29.8. 11 managing all other employees of the Au(hority:

29.8. !2 recemng and answering corrcspondcncx: and notices (o (he Authority;

29.8. ?3 kceping all documents and records belong'ng to lhe Authority;

29.8, 14 supenising the handling of money by or for thc Authority and die keeping of financial records:29.8. 15 isstiing receipts (or moncy's received and keep a corre.ct accotint or all receipts and expenditure;29.8.l6 operating thc Authority's bank account (including sign cheques and other negotiable insttwnems and make

payments over the }nteniei within lhe delegations to the posi(ion) together svith one other signatory appoin(ed by theBoard. Unless the Board determines otherwise, that other person must be the Cbair;

29.8. 17 having custody and safekeeping of the recmds of ffie Authori(y.29.8. 18 preparing drau Annual and Business Plans [or consideration or the Board:

29 8. 19 monitoring the fi.nanc.ial perfomi.anc.e or the a%uth.ority against .an adopted Annual and Busincss Plaii and prompdymonitoring the financial perfomiance or the Authority against an adoptedrepor}ing to the Board miy material discrepancies known or anticipaled;Fo the Board mu material discrepancies kno'wn-or antii

29. 8.20 preparing such statemen!s, repons, rctums or omer ssv;{len inrormation as the Act or any Iaw requirs lhe Au(horityto lodgc-ivith governmetir?,

29.8.21 preparingdraflfinanciais(a(ements;and

29. 8.22 such other functiotis as the Bmrd may vest in the Chief Executive Officer.

llie Board may deleg.ate to the Chier.Execut.ive 9fflcer any.of the possiers that the Board can exercise svhcre those pois'ers are29.9 11ieBoardmaydelegatetoilieChierExecutiveOfflceranyofthepinot restricted frons delegation by the Act or this Charter, no(ing thnt29.9.l die Chief Executive Offlcer may delegate or sub-de!egaie to ante or sub-de!egme to an employee of the Authority or a conimittce

any posm or fiinction vested in the Chief Exccutive Officer. Suchcoaprisinp,delegation iOfficcr;

employees or the Aatliority':or s'urdelegation may be si+bjeci to conditions or Iimitations as de(errnined by the Chief Execu!ivc

5222 THESOUTHAUSTRAL!ANGOVERNMENTGAZETTE [29November20i2

29.9.2 w-herewfiere a potver or inction is delegated bror the efFicient and effective exercisc or

to an employee, the cmployeeper!;ormance of tha} powc; or

is responsiblfiiiiction: amand

Ie to the Chief Execulive Oflicer

29.9.3 ais'riuenrecordofde%ationsandsub-ddegationsmustbekeptbytheChitt'ExecutivcOffixraial}iimes,

29. 10 Thc Cliief Executive Orfrcq enjoys fiinctions and responsibilities sct out at Seclion 99 (l ) (a), {b), (c), (d), (e) and(h) and 103 or the Act as if the Au(lsotky swre a council and the Chial' Execu!ive Oflliccr svcrc a chief executiveofficgr of a couricii.

The Chief Executive Officer may cssablish an Opemtions Assisiance Com.mi'nee consisting of onc appropriateiyqualified senior otTicer from each-Constiment Cotincil and this Cornmiuee wi!l:29. 11 . } advise and assist Thc Chief Executive Officer in operatirins matters:29. 11 .2 rcport to the Board via the Chief Execulive Otticcr:

29. l ! .3 meet at laisi four times in each calendar year:29. l(.4 be chaircd by the Chier Executive Officcr, and

29. l } .5 have its terms of reference svritien by the Chief Exccutive Officer.30. ,!ttiDtTOR

The Ai.u(horitycration) i

must have an auditor. Subject to the Act, an auditor holds offIce on the terms and conditions (inc}uding as toreniunerationj that the Board devrmines.

29.11

PART7 AliDl'rCO&lMIT}EE

31. ..tUD€T COMN?ITTEE

As a matter of record the Auihority is required iconstitution nnd inctions of the audit committee.

is required to establish art audit committee and Schcdtile 2, Clause 30 or the Aa governs the

P rvx'r ?v:spv

32. STAFF

32. l In add.iiion to. a Chief Executivc Officer, the Authority may employ other staff subject to the Board making appropriatefinancial provision.

32-2 The Board and a ConstiCuent Council ma} arrange roT (hat Con!i(ihient Counci{ Idie Authority's affairs rot such remiuieration (if any) as those partics may agree.

ror that Constituent Counci{ (0 make available its staff in corincction with

PART 9--80,a

33. BO,tRD

The Authority must at all times have a Board comprised or Directors.33. I The Constituent Councils acknosvledge and accept tbat the Dircctors ivil! gi and take decisions in the best iriterest of the

Auihoriiy.

33.2 The Coristiiuent qoun?cils uime54;nd that each? Director nominatcd by .!i Cons(itu5vt Council sgi{3 bring to?dis?cussion?aperspec(iverespect of CClause 33. 1.

from the Counci} xs'hich noniinmed diat Director but that stiall nm interrere ivith the ob)igations of Directois inwi{l bring iob)igations

34. BOARD'S POWERS

34. l AS a matter of retzrd, Schedule 2, Clause 22 (I) or the Act is that the BoMd is responsible for the administralion or theaffairs or lhe Authority.

34.2 As a matter or record. Scbedule 2. Clause 22 (3) of ffie Act is that anylhing done by the Board in the administra!ion ot' theAuthority's affairs is binding on the Aiiiliority.

34.3 The Board may cxercise all tbc posvers of Ihe Au(hority except any powerg that the Act or this Charter requires theConstihienl Councils (o exerci.

34.4 As a matter of record, Scliedule 2, Clause 36 (l) of the Act authorises the Board to delegate powers or ?ctions conrerrcdunder this or another Act.

34.4. ) A delegution of powers by the Board:

(a) may authorise the deie,aie to sub-delegate all or any or lhe posvers vesled in the delegate:(b) is concurrait isith the exercise by the Board of those posvers;(c) is subject to any specified oondiuons mid Iimitalions; and(d) is revocable art ixill.

35. BOARD MEEIINGS

35. l Subject (o Scliedule 2, C}ause 21 of the Act, to a direction o(' the Constituen( Coiinci)s and lo (he othcr provisions or thisC)iarier.

35.l.l The B.oard must determinc its ol%Tl procedures for mcetings, which must be tair and contribute lo Jree and opendecision making:

35.L2 the Board must sel out theavailable to the public rorBoard); and

: adopted meeting procedures in a meeling proccdure code of prac}ice which will beinspection (ivithout charge) and by way of a copy (ori payment of a fee fixed by the

35. 1.3 die ?e of practice may be reviewed by the Board at any time but must be reAewed at least once in every threeyears.

35.2 An ordinary meeting or the Board must be he}d at least every three calendar months.

35.3 0rdirmy mecting or the Board must take place at such times and places as may be fixed by the Board or absent any decisionot' ilie Board the Chief Executive Officer of the.Authority. Mcetings shall no! be held bcrore s p.m. uniess the Board resolvesolherwise by resolution suppor}ed unanimously by all Bo'ard Members.

29November20l2] THESOUTHAUSTRALIANGOVERNMENTGAZETTE 5223

35.4 An ordinary rneeiing of ffie Board wiil constitute an ordinary meetigi of the Auihority. The Boud sha!l administer thebusiness orlhe ordinary meeting.

35.5 Noiicc of ordinary meetings of thc Board must be gixien by the Chier Executive Officer to each Board Mcinber arid to eagb= gixien by tprior to theConsiituent Cocuicil not less lhan three clear days pRor to the holding oi' the meeting and shall be accompanied by the agenda

for the meeting and any written reports.35.6 llie Chair or any two Dircclors ma} ca!l n special meeting or the Board.

35.7 A special meeting or the Board must be held at a reasonable time and ir the meeting is to be hcid in person, art a reasonablepla6e.

35.8 Unless all Ditectors entided to vote at the meeting 2the Chief Execuiive Oflicer a notice or meeting lha(:

agee othenvise, the persons cal!ing a specral Board nieeiing must give to

35.8.l setsouttheplacc,dateandtimeforthcrnzting;

35.8.2 simesihegeneralnatureorthebusinessofthemeeting:35.8.3 is accompanicd by relevant infomiation so rar as reasonably available (if not alre?dy given to the Directors); arid35.8.4 is ptovided art least one clear business day berore Nsc special meeting (or such other pcriod as all thc Directors inis ptovided

office may ias a matter of gaigal policy detamine otherQise).to D%rcctors by the Chief .Execuzivc Qffioer ivili at the same time be placed on pub(ic35.9 A notice of special meeting provided to Dircctors by the Chief Execuzivc Q(T

display at the principal orfice of the Audzor;uy and oreacti Constituent Councd.35. 10 As a matter or record, Schcdule 2, Clause 21 (5) or the AC{ pemiits a Board meeting by telephone or videocmference.

contemporary linking (ogcther by iicetirig' ) of a number. of the Direclors

yiarmxx 111 tll n*e Dnmz kmg I!rl§y a?iixB %whm ixlqimi. ?io

vly nmned thr xffir nLk mxeixz

35.lO.l For *c purposes of this subc{ause, theinstmitaneous means ('teiecommunications nicetirig'5 of a-number -of the Directors priprescnt, is deemed to constitute a meeting of the Board. Each or the Directors takingmeeting of I

>ns meetingg. each Dire

iirnes during the ielecomrriunicatins meeting be able to hear and be haard by each o(thc ot.her Direciorsthc commencement of the meeting, each rhcc3or must announce his/hcrin the meeting. A Director must not leave a lelccom'inunications meeting'visual or oihei communication equipment, unless that Director has previously notified the chair or the

35. 11 As a matter o€ record, Schedule 2. Clause 2 I (6) of tbe Act permits a dccision of dse Board to bc made in viari(ing and nor at ameeting.35. ! 1.1 A proposed resolution in ivriting and given to all Directors in accordange with proceedings determined by the Board

will be a va}id dccision of thc Board whera a simple ?jority of Directors vote in ravour of the resolution byes>mKxleerut4oe%'ffiocfeDr 'or'rcolotlriserwvoi?s'e 'gniviran'go'wriotftetnllenoret:sceoluo(ro':hc' signing and w('iu'ning the resolutton to die Chiefconsent and sctiing out the tcrms of the reso.lution to die Chief Exccutive Officer. The.resolution shall diereupon beas valid and effectual as ir it had been passed a( the meeting of ffie Board duly convened and held.

meetings mid minutes) of the Act (}o the extent that Pari4 is not inconsistent withthc Authority wa'e a council and die Directors were members of a council.

35. 12 Chapter 6, 'F'arts 3 and 4 (public access to?this aCharter) apply to Board meetings as if thc

35. 13 Unless the Dircctors detamine othenvise, the quqrum for a Board meeting is a number ascertained by dividing thc totalmee!ing is a number ascertained by di:ulting from thc division mid adding one.number or members of the cormniitee by bvo, ignoring any fraction result

35. 14 At any time, the Board mav agree to invite a person to attend a Board meeting as an obscrver or adviser.35. 15 As a mauer of record, Schedule 2, Clauses 21 (4) (one vote per Director, no casting vote) and 21 (3) (majority vote) of the

Act goveni voting at a Board meeting.i'i l(i 6 nim?+or KE-111 W+ iii?ls bi- ?3 - - - =- -?- - = -J ' l- - -- -3 =

35. 17 As a matter of record, Schedule 2, Clause 21 (11) o[ the Act obliges the Board to keep minutes of its proceedings. Allminutes must be prepared and distributed to both e)irectors and also to Constituent Counci)s iviffiin seven business days ofthc mecting to which-they relate.

prepsxcdrich they i

:e 21 (11) o[ the Act obliges the Board to keep minutes of its proceedings. }to bolh Directors and also to Constituent Counci)s iviffiin seven business days

PART l0-Cohipe'rmveNarra;st.i'rv

36. COMPEIITIIT: NEUTRALlTla

of Schedule 2, Clause 3a) of the Act, the Authority is not involved in a significant busiriess ai:tivity in36. f For theFor the purposesundertaking ils Ccils Coce Activity.

36.2 In respect of any Non-core Activity thm is a significant business activity, i)ie Aulhority must at all times havc currcm aNationajCompetnion Policy Statcrnent in relation (O competitive neiitrality which it will adhcte to in undaiaking that Non-core Activity.

PART ll-Goveayaxct

37. DtRECTOR'SCONFuCTOFlNTEllEST

As a matter of TecoTd, b} Sec(i(nl 75 (2) Of the Act the provisions of Chapler s, PaTt 4, Divisioii 3 appiy 10 DiffidOrS.38. DIRECTOR'S DUTIES OF CARE

As a rna(ter of record, S6edule 2, Clause 23 of the Act (care and diligence) and Schcdu)e 2, Clausc 34 or (he Ad (honesty, use ofinronnation, usc of position) set out certain siamiory duties that app{y to a [)irecior.

39. BOARD POLICIES AND CODES

39.1 Thepoli

: Authori(yraies on:

must, in consultation svith the Constituent Councils, prepare and adopt and thereatter keep under restiew

39.l.l procediu'esformeetingsoftheBozd(inaccordanceuithClause35.lofthisCharter):39.l.2 contractsandtenders,aswouldconformtoSection49oFtheAct;

39.l.3 publicconsultation,aswouldcon[ormtoSection50oftheAct.39. 1.4 governance including as concerns:

(a) the operatiori or any account ivith a bnnk or Local Government Finance Authority;

51l4 THESOUTHAUSTRAL[ANGOVERNMENTGAZETTE [29November'20l2

(b) human resource managemcnt:

{c) inipmper assistance to a prospec(ive contract party:

(d) ii'nproper offering or iiiduccmcnts to Directors or 10 smrrorthc Au(hority,'(e) improper lobbyirig of Directors or staff of the Authoriiy;

39.I.5 occupa(ionalheallhandsafe(y:39.l.6 protectionortheenvironmen!.

39.2 To the extent it is able, the Board must ensure that such policies as above are complied wiffi in the uffairs or the Authority.39.3 'rhe Boam must prepare and adopt sviihin six months auer the Gazeital of tbis Ciiarier, a code of conduct to be observed by

Directors.

40. B()kRD Dl.lTlES TO CONSTITUENT CO(!NC[LS

As a matter or tccord, Schedule 2, Clause 22 (2) or the Act is that the Board must ensure as rzr as practicable:

40. l that the Auihority obsenres all plans, targets, sinictures, syslems and practices required or applied to the Auihority by thethBt die A5ihority ob:Constituem Counciis:

40.2 that all information furnished to a Constiment Council is accurate; and

40.3 that lhe Constiluent Counciis are adviscd, as soon as prncticablc, of any material developmenl that affects the financial orof the Authority or gives rise to the expectation that th-e Authority may trot be able to meet ils debts as andoperatirig capacily ?

when they fall due.4l. BOARD DUTIES TO THE AtlTHORlTY

The Board must ensure:

41.1 i§atiheAu:gityactsjnaccgrdancewiiPlan arid achievis the financial outcomcs

th applicabls projcc(cd i

?le lab's, mwdastory oodes of practice, this Chaner, Business Plan, Annualin its Budget:

4).2 thattheAu(liorityactsethicallyandui(hin!egrity;

4 i3 thai thc activities of the Authority are conducted efficicnt!y and efrective!y mid ?t any assets or the Authority are properlymanaged and maintained; arid

41.4 that, subject to any overriding duty or confidence, the a}lairs of the Authority are undenaken in an open and uansparentmamier.

P.jJlT !2-BUSINESSPLANS

42. BUS?N?ISS PLINS

As a matter or rewr& Schedu{e 2, Clausc 24 of the Ac( sets out requirements ror Btisiness Plmis. The folloirving provisions of d'iisPart are # addition to and not in derogation of the requiremen!s of the Act.

43. ABOL'T .k BUSINESS P[AN

43. I aThe Board mustiv'hich carinot be

prepare at least a tcn-svear Business Plan ror the region, in a collaborative manner with Constituent Councilsin conflict isith this Chvct.

43.2 The Board must also prepge a ten ycar Long Term Finarxial Plan (which, must include pffnciples &tailing the actua}distribution of overbeads betw'een tl'ie Constituent Councils and any other matter required by the Constituent Councils ordetermined by the Boanl to be inciuded ffietein) and an Asset Managenien! Plan.

43.3 Thc Long Temi Financial and Assct Managenent Plmis fonn part or die Business Plan.

43.4 In preparing and when ri.aviewiiig a Business Plan, the Board must a( a minimum have rcgard lo the follossing:43.4. l any State Govemment Agenq Waste p!an then in force in relalion to the area or a Comtituent Council and any

proposed changes to such plan:

43.4.2 any initiativcs proposed by the Co?oniivealth of Aushalia or the State .Govemment as may impact upon or affearay impact:ouncils coproper wastc -tnanagemeni in the area of an tridivtdual Constimem Council or Constiaient Counciis collecrively:

43.4.3 any plan or policyplan or policy;

of a Constituent Council for waste mmiaBemem then in force, mid any proposed changes to sucb

43.4.4 thes(rategicmanagementplansofeachConsIituentCounciltheninforce:and43.4.5 theannuaibusinessplnnandbudgetofeachConstihienlCotinciltheninforce.

PART 13-NON-CORE Ac'rivi'rr

44. ABOliT NON-C)ORE =tCTll'llY

44. l Where beforc the date this Chaner becames effcctive the Auihority has committed to a Non-core Activity:44.l.l aNon-corePlanrorthatNon-core

resolution no later than 30 June 20Activity nnist be prepared by the Chief Executive Offlcer and approved by Board13, so taar as that Non<ore Activity at the time then remains (o bc perforrncd; and

44. 1.2 all the Coris(iiuent Councils atc taken lo be participants in that Non-core Activity widi Non-core Shates equal toTheir Core Shares.

44.2 After die date this Chaner becomes effective, the Authority mus( not terider for or commit }o a Non-core Activity except incompliance with this Chnner.

45. NON-CORE ACTIVITY PROPOSAIS

The Chier Executive Officer, die Board or any Constituent Council may propose the Aulhority adop( a Non-core Plan.46. NON-CORE iSCTi'JTY (.ONStiLTATjON

A proposer o[ a dra'n Non-core Plan must consult all the Constituent Councils in developing the drafl.

29November20l2] THESOUTHAUSTRALIANGOVER.NMENTGAZETTE

47. NON-CORE PLAN REQl.'lRE&'lENarS

A dran Noii-core Pian must sc} oul in rcasoiiable detaii in re!ation to thc Nori-corc Aciivi7 it conccrns:

47. l the kind of scrvice to which it reiates;

47.2 its priority in rclation {o other existing or proposcd Core Activity and Non-corc Activi'ry',

41.3 its expec!ed duration;47.4 a timemble ror its ful! irnplementation;

47.5 m anticipated dTcct on the resources of the Authorityin particular and uithout limiting the gcnerality of the

(includiiigroregoing:

financial. technological, physical and human resources) and

47.5. l pcrsorincl requirements over time, and hosv those requirements are to be saiisfied;47.5.2 p!ant and equipment requirements over titne, and how those requiremeriis are to be satisfied;

47.5.3 ruclandotherconsumablesrequirementsovertime,andhowthoserequirementsareiobesatisfied;

47.5.4 accesg to is'eigh-stationg, recycling premises, and svaste dump pranises ovcr time, and how those requircmaits areto be satisfiedr

47.6 m anticipated expenditure, revenue and cash-flow outcomes ovcr time (on a calendar monthly basis);47.7 thcsourcesorfundsandwhcntliosefundsneedbesourced:

47. 8 wheilier and if so what resourccs or a Constituent Council arc requited to be avai)able to ffie Non-corc kctivity:47.9 whether tlic Loca! Govemmem Muiual

and die advice given in relation to those liabilitj issues:Liabilityliability i

Sclieme has rorecast any peculig liabili7 issues ror the Non-mre Activity,

47. 10 whether the l:in re!ation to

auyers fortiiose legal

*e Audiority have rorecast any peculiar lega! issues €or thc Non-core Activity, and the advicc givenissues;

47. ! l whether the auditors of the Authoritv have forecast any peculiar accouming or audit issues ror the Non-core Activi7:

47. {2 goveniance issues, inciuding whether and what dclegations are required:47. 13 svhether the Non-core Actisaity is a significant business activi0' and if' 90, li0w adherence to (he Na!ional Competition Policy

will be assure& and

47. !4 how the Non-core Plan may change over time.48. CONDITIONS OF ADOPTION OF A NON-CORE PLIN

A Non-core Plan is iioi erfective unless and umil all of the following are satist'ied:

48.1 theBoardresolvestoadopttheNon-corePlan;4g.2 the Consiituent Councils have each resolved to:

48.2.i approvetheirCouncil'sparticipationintheNon-coreAciivity;and48.2.2 make any

budget.necasary consequential changes to their Councirs stratcg3c managcment plans, annual busincss plan and

49. NON-CORE PlaiNS -AS PART OF THE BUS{NESS pL.xx

A Non<ore Plan adopted by the Auiharity forms part of the Business Plan.50. REViEW OF A NON-CORE PLAN

As part of a Business P)an, a Non-core Plan is subject to rcsaezv by the Auffiority at die same t'm'res as the remainder of the BusinessPlan.

5225

PART 14-ANThs'Uyu PLaliN AND BUDCiET

5]. .tNNU-ALPLAN

Thc Authoriiy must, for each finmicial yettr, ilavc an Annual Plan %Vhich suppons and inf0nns its Budgct. The Anriual Plan mus{:

51. I includc an oudinc of the Auihority's objectives ror the financial year,achieve those ob3ectives and the mcasures that the Authority intendsachieve those ob3ectiv<over the financial year:

the activities that the Auihor%i intends to undertake toto use to asscss its performaricc against its objectives

51.2 assess the financial requirements of the Authority ror the tinancial year and, taking those requirements imo account, set out asumrnaiy or the Auihority's proposed operating expenditge, capital expenditiirc and sources or revenue;

51.3 take into account the objectives set out. in the Business Plari and, in panicular, the Long Term Financial Plan and issuesrelevant to the managcmcnt of assets and rcsourccs by the Audiority;

51.4 sct out proposals ror the recovery of overhcads ovcr d'c financiai year ffom thc Constitucnt Councils: and51.5 address or inclu& any othcr matter prescribed by the Constituent Councils or detemiined ro be reievant by the Board.

52. ABO[TT AN ANNUAL PLilN

52. l An adop(ed Annual Plmi binds dse Authority and is the basis upon which ffic Budgct is prcpaxcd.52.2 Bet'ore ttte Authorily adopts iLi Annual Plan it must prepare a draft Annual Plan and ob(ain thc consenl or an Absolule

Majority of the Constihient Counci}s to that Plan.prepare the draft Annual P}an and proiide it to the Constimem Councils by a date determincd by therose of obtaining the consent or the Councils on or befiore 3 ! Ma)i in each financial year.

52.3 aQe A4thgrity mustCounciis for the purp'ose

53. BUDGETS

As a matter or recorcl Schedule 2, Clause 25 of (hc Aci sets o?it requireniems for Budgets, and the Authority must adviseConstituenI Councils of the proposed rees ror the next financial year by I April in the preceding financial year.

5226 THESOUTHAUSTRALIANGOVERNMENTGAZETTE [29November20l2

54. ABO[lT A Bl='DGET

54. l An adopted Budget (prcpared in a manner consistem with the Ammal 'Plan) binds the Authority mid is author% ror theAuihority to peArn'i svork and incg deb(s ;tnd mcct obligations according to irs own tenns iviihout rcrcrciice back to theBoard or to a Consiimcnt Council (except to any extent the Budget or the Anriual Plan otherivise requircs).

54.2 EacliBudgetoftheAinhoritymustbeadopied:54.2. l atter the Auffiority has adopted its ,dvinual Plan;54.2.2 must be consistent with that Plan; and

54.2.3 berore 30 June in each financia! year.55. EXPENDlarliRE OLITSIDE A BUDGET

:25 (4) is ihm iiie Authoriiy may iiicur, ror tbe purpose o[ genuine emergcncy orby its Budget uiihout consulting iviih and seeking approval tiom the Constituem

55. l A.s q maucr of record, Schedtile 2, Clausehardship, spending that is not authorisedCouncils.

55.2 As a matcr of remrcl Schcdule 2, Clause 25 (5) is that thc Authority ma)i', in a financial year, after consultation w'iih theConstituent Councils, incur spending berote adoption of its Budga ror the year. but the spending must be providcd ror in theappropria(e Budge( ror thc year.

P}IRT l5-Stiwa

56. alBO[iT S?IARES

A Share means a Constituent Councilas percentage shate in the assets, {iabiliiies and revenue o[ the Authoriiy (aner deducting Noii-ci?rc Assels and Non-core Liabiliiies) as between all the Consiiment Councils in accordance with this Part 15.

ss* the Authoriy is entitled to have recourse to all the Constimem Councils jointly andTo avoid doubt, a third pai?y dealing ss* the Authority is iseverally, regudless or the Shares of die Constituent Councils.

57. VAR[AT?ONOFSIIARES

57.1 At the dare o!' operation of this Charter thc Constituent Councils' shares in the Authority are cqual.57.2 at any time. all the Constituent Councils may in ivriiing agree to vary the Share of one or more or fficm.57.3 The Sharcs must be rcviewed an4 as necessary, varied each time:

57.3.l acouncilisadmittedtotheAuthorityasaConstituentCouncil;

57.3.2 a Constiiuent Council amalgamates with another council; or

57.3.3 a Constituent Council resigns trom the Authority.

57.4 Notwiihstanding the above, it is recognised and ugreed diat tire Shares of t!ie Constituent Councils immediately preceding thedme of operation of this Chaner are as folioivs:

CityofBurnside 18.90%CityofNorwoodPay'nehmnandSt.Peters 16.93o/o

CorporationoftheTownorWalkerville 3.23%

CityofMitcham 26.24%CityorCampbclltotvn {9.83%Adelaide Hills Council 14.87%

57.5 It is agreed betiveen the Constihient Councils that the Constituent Councils are liable to conhibiite to any debb and iiabiiitiesopcration of this Ciiarter (incltiding in relation to the depreciated value of anyit entered into before that date) in the Shares set out at C!ause 57.4 above.

of (he-Atmority inciured prior to the date ofasset acquired ffid for any 'Iosses under coritract-entered into before that date) in the Shares set out at C!ause 57.4 above.

P?r {6?Fiisoisc

58. FUNDING

dec}inc to (ake any action where funds their available to thc Auil'xrity are in the Board's opinion insufficient toThe Aulhority may dec}inc to (ake any action where funds their availa}defay the costs of such actioit and any debt or liabilily that may resull.

59. CONS'rlT(IENT COliNCJL CONTRIBl.lTlONS TO WORKING CAPITAL

59.1 ThisClauseappliesonlytoaCoreActivity.59.2 A Constiiuent CouncU mus( coniribuie to the Auihority such amounts at such times as the Budget requires (afler dedtictirig

from the Budget any amounts identified as Non-core Assets and Non-Core Liabilities)-thc Btidgct does not specify a fixed dollar amount to be payable by the Contributor, the Consiituem Council may require ascondition of payment that die Authority first provide an itemised estimate of The Core Aciivity expenditure reasonably

59.3 lf'a condition of payment tliat- die Authority first provide an aitemisid estimate of The Core Aciivity expenditure'reaionablyexpected to be incurred and which that contribution is to detray (afier adjustments for payntents previously made by dtatConstituent Council).

59.4 The Authority must usc contributions received Irom a Constitucnt Councii only ror the purposes or a Core Aaivity as set outin the Budget.

59.5 lr a Cons(itucnt Council (a Defaulter) fails to pay iti rull contribution so required whcn due:

59.5. l the Defaulter must pay to Uhe Authoriiy imcrest on that mnount at the official Reserve Bmik Cash Rate Target plus10% per annum from the due date to ttie date or actual pa>ment;

59.5.2 the Authority may recover that amount and that interest from ffie Dcraulter as a debt;59.5.3 the Authority may, without prejudicing its other rights. sct off any moneys odierwise payable by die Authority to

the Defa?dtcr against that amount and interest; and59.5.4 ifthedefau}tcontinuesforatleagrl4days:

(a) the Au(hority must notiry all Constituent Councils (including the Defauiter) of the Fact and *tails of thedefault: and

29November20l2] THESOUTHAUSTRA.L[ANGOVERNMENTCiAZETTE 5227

(b) Constituent Councils other than thc Dei'aii!ier must together lend {O the Authori7 an a?amount not paid by the Deraulter) in such proportions as Nsey may agrce or railing

an amount (equal to theamount not paid by the Deraulter) in such proportions as Nsey may agrce or arailing agreemeii( betweenthemselves, in the proportion tha( ihcir Share bears to the tolal Shares held by those Constitucnl Counciismaking such Ioaii, for repmymcnt wticn and (0 the cxtent the Defaulter makes good the contribution and accruedmaking such Ioaii,interest.

60. DEBT F??ND?NC.

The Auihority may borrosv or raise money rrom the Local Governrnentfor in a Business Plan and Budgct approvcd by lhc Constiiuent Councils.

rrom the Local Governrnent Finance Auihority or a bank of such amount(s) as provided

61. DISTRIBUTIONSTOCONSTITIIENT COtiNClLS

The Authority must pay or credit surplus funds to the Consti(ucnt Councils in propor'aon to ascir .Shares to Lhc exlenl thc Floaadetermines the Authority can afford to pay havinii, regard to Fumre expenditure die Business Plan anticipates be incurred.

62. CONarRiBUTlONS ON INSOLVENCY

On the insolvency of the Authority, and subjcct to Clause 57 or ffiis Charter, each Constihienl Courici! must contribute in propmionto ilieir Share to the debts and liabilities of the Authority nnd odien.vise as incurred ii4iile the Constituent Coiincii is a ConstitucntCouncil.

PART 17-Assp:'rs

63. ACQU(SITION OF ASSETSThe Authority may in accordance svQh iliis Charter acquire such assets (real or personal) as its Busincss Plan provides or ot!ieiwiseI he Authonty may in accordance sviui tbis Chm1er acquire sucpursuant to a Unanimous Decision of thc Constiluent Councils.

64. DiSPOSALOFASSETS

The Authorily may dispose of (personal )asscts as i!s Business Plan provides, or at the end of the asse(s econon'iic lifc.65. IN!T.STMENTS

In accoraancc with its Business Plari and Budget the Authority ma}I invest in the ilems below:65. l in xvaste managemem iiifrastructurc and ancillary land:65.2 in plam and equipment to store, hansrer aiid/or trcat waste;65.3 in plant and equipment to transport waste Iiom propenies to an appropriatc place or storagc and/or disposal and65.4 cash on interest-bearing deposit with any bmik

66. INTERESTS INCOMPANIES

As a matrer or rccord, Schedule 2, Clause 39 of the Act prohibits die Authority {rom having an intercst in most companies.PART 18-hisiiai.wct

67. INSURANCE

67. l The Authority must rcgister with the Local Goveriment Associatioix Murual Liabili> Scheme and comply ss'ith die niles orthat Schcme.

67.2 If the Authority emplovs any persq it must tey4stcr ssrith the Local Govermnent Superannuaiioii Scheme and the [x>calGovernment ilssociation Workers Comynsaiioii Scheme and comply ss4* the ndes or those Schcmes.

P ART I9?Fix ANCIAL Pu.sc'ncu

68. ACCOUNTING RECORDS

The Authority must comply ssith Section 124 of the kt as if the Authority sverc a council.69. ABOIIT ACCOI!NTiNC- FOR SER'VICES

The Authoritv must keep accountinz recor* in reiauon to services tn such manner as ivill enable the calculation of Cons}ituemCouncils' co6tribulions to, expenditure on and revenue from that service separately,

70. OTtlERFlNANClALPRACrlCES

Except as mav b.t: staled elsewhee in lhis- Chartgr-or reqiiifed by lal%', Ihere nre no special accour)ling0 internal auditing or finUcialExcept as may b.c stated elsewhere in this Charter or required by lhsystems or practices to be established or observcd by die Authority.

PART 20-ACCESS 'ro lxpozyiartox

71. ACCESSTORECORDS

A Constiiueni Council and a Director each bas a right to inspect and take copies of the books and records or the Authority for anyproper ptu'po'.

71 PROVISION OF {NFORMATION

As a matter of record Schedule 2. Clausc 27 or the Act en(itles each Constituent Council to bc Uirnished wi{h infomiation or recordaor thc Auihority.

73. BOARD REPORTS

The Autbority .nlust provide Bogd reporls to the Directors and Cons(ituent Councils in accordance with this Chancr and othenxiseThe Audiority must provide Bomd reports to the Directors and Constituent Couat such limes, in such forcnai and svith such content as dse Board may determine.

74. ANNUAL REPORTS

74. l As a matter of record. Schedule 2, Claiise 28 of the Act rcqufics })ie Authority to furnish an anriual report 10 thc ConmiiuentCouncils.

74.2 The annual report wi}I bc in such formm and include such comerit as the Constituent Councils may prcscribc by AbsoluteLiajority.

74.3 The .annuai report must bc delivcred to the Councils on or bcfore 30 Sepiemt+er in each year subseqtient to the (inmicial yearThe annua} report must bclo which the report relates.

5228 THE SOUTH AUSTRALIAN GOVERNMENT GAZETTE [29 Novernber 2012

P.-lRT21-DIspLl'l'ERESOlU'nON

75. DlSPliTE RESOL(iTlON

75. l About this clsuse:

75.11 Tlie procedure in this Clatise must be applied to aisy dispu(e that arises betw'een thc Auihority and a ConstituemCouncil concerning the affairs of thc Auihority, or between Constiiuent Councils concerning the affairs of theAu{hority, including a dispute as to thc meaning or efrccl or this Chaitcr and whether the dispute concerns a claimin common law, equity or tinder statute.

75. 1.2 The Aulhority and a Congtituem Council must continue to observe arid perform this Cl'iarter despite the applicationor operation or this clause.

75.l.3 ThisC1auscdoesriotprejtidicetherightofapany:(a) to require {he continuing observ'ance and pcrformance of this Charter by all pariies; or(b) to institute proceedings to cnforce payment due under dirts Charter or to seek injunctive relief to prevem

immediate ffid irrepm.ibie harm.

75. J.4 Pen.ding comp{etiori of the procedurc get oiit in this clausc, andcomp{etionir regal procif this pmv

this clausc, and subject to this clause, a dispu(e must not be Nieparties in dispute. If Iegal proceedings are initiated or continued inte is? entitled 3o apply for and be gramed mi order or the coun

subjecror regal proceedingsabetween any or thebrcach of lh'is pmvision,-a party to tNe disputeadjourning tlsoge proceedings pending comple(ion cor lhe prozdure tit 6u( in this clause.

75.2 Step l: Notice of dispu€e: A parly to the dispute must promp(ly notify each oNm parly to the dispute:75.2. l the nature or llxe dispute, giving reasonable details;

75.2.2 what actin (if any) the party giving notice thinks will reso}ve the dispute: andbut a railure to give such notice does nor emitle miy odicr party to damages.

75.3 Step 2: Meeting oT the parties: A parry to the dispute who complies with the prcvious slcp may atnotify eychy:Maer party to the dispute tha.t the ftrst parry requires a meeting within 14 business daysnotify ench other party to the dispure that the rust parry requires -a rneetitig widiin 14 business aays afler the giving or suchnotm. In that case, each party to the dispute must send to rhc meeting a senior manager or that party widi the Board tonotm. In that case, each party to the dispute must send lo the meeting a senior m:resolve thc dispute and m thc meeting makc a good faith attempt to resolve the dispute.

the same or a latcr {insc

75.4 Step 3: Mediation: Demediation, as to which:

Mediation; Despite whelher any prcvious step was taken, a dispute nor resolvcd within 30 days rnus( be reterred to

75.4. l the mediator must be a persoti agreed by k parties itmcdiator nominated by the then President or the Sou

tri dispii(e o.r, if they camiot .agee wilhin 14 basinassagee wilhin 14 basinass days. aion (or eqiiinlent officer of miymcdiator nominated by

successor organisation);South Australian BgaAssocialioH

75.4.2 ti'ie role or a mediator is (o assist in negotiatingi so agreed it

a resolution or a dispute. A mediator may not make a decisionbinding on a party unless that party has 'in writing;

75.4.3 the mediation must take p)az in a location in Addaide agreed by the parties:75.4.4 a parly in dispute must co-operate in arranging and expediting mediation:75.4.5 a party in dispute must send to the medimion a senior manager vv'ith authority to resolve the dispute:75.4.6 the mediator may excltide laqers actmg (or die pmties in dispute and may co-opt experl assistancc as thc inedia(or

thinks fIt:

75.4.7 a parry in dispute may i.vithdraw rtom mediation if there is reason to believe theconfidence, or with good faith or is acting for a purpose other than rcso)ving the dispute;

in dispute may i.vithdraw rtom mediation if there is reason to believe the mediator is nol acting in

75.4.8 unless otherwise agreed in ivriting:

(a) everything that occurs before thc mcdiator is in confidence and in closed session;

(b) discussions (includffig adni.issions and concessions) are ivithout prejudice and rriay not be ulled into' evidencc in any subsequen( litigation by a partV:

(c) documents btough.t into exi.stence specifically tor the purpose of the media(ion may not be admitted in.ly ror the pi by a party;evidence in any subsequcnt {egal proceedings

(d) the parties in dispute must report back to i}ie mediator within }4 businegs days on actions tiaiken, based otithe outcome or t& tnediation:

75.4.9 a pany in disputc need not spcnd more than one day in mediation for a matter under dispute;'15.4. 10 a pmty in dispute n'iusi bear an equal share of il'ie cos(s arid cxpenses or the mcdiator and odierwise bears their oss'n

costs.

75.5 Step 4: Arbitration: Darbitration, as to whicb:

Arbitration: Despite whether any prcvious step was taken, a dispute not resolved iviihin 60 days must be rcfmed to

75.5.l iheremustt+eonlyonearbitraiorandwhoisanaturalpersonagreedbythepartiesor,ifthey?business days, an gbitrator nominated by the then Chairpersixi of The Instimte of Arbi

iftheycannotagreeiviuiin 14of Ar-bitrators mid Mediators

Australia (South Australiiin Chapter):

75.5.2 ihero}eofthearbitraigistoresolw.ihedisputeandmakedecisiorisbindingonthepariies:75.5.3 the arbitrmion must take p}ace in an agreed location in Adelaide;'iS.5.4 apartymustco-opciatcinarrangingandexpcditinggbiffation:

75.5.5 a pany must send to the arbitration a senior manager sith authority to resolve the dispuie;75.5.6 the parries may ptovide evidence and given w'riiten and verbal submissions to the arb'mator svilhin the }ime set by

t)'ie arbitrator;75.5.7 the arbitrator must:

(a) consider the evidence mid submissions:

(b) decide lhe dispule: mid

29November20l2] THESOUTHAUSTRALIANGOVERNMENTGAZETTE

(c) give writtcn reasons to each party.'

75.5.8 subject to this clause, the arbitra(ion musl takc place undcr Rules s to I 8 (inclusive) of (he Ru)es or The }nslitu(e ofArbitrators arid Mediators for the Conduct of Commcrcinl Arbitratioiis and the provisions or tlsc CommercialArbitration Act 1986 (S.A.) and vr'hicli Rules are taken to be incoiporatcd by rerercn;:e into lhis clause or subject tolhis clause, the arbitra(6r must fix lhe rules of arbitration',

75.5.9 the costs and expenses or dIe arbilrator and or each p?5 11111!it be borne a!i the arbiu'a(or decIdes.

PART 22-W[NDlNO UP

5229

76. WINDING (iP

The Aushority may bc woiind up in circumstances as Scliedu{e 2, C!ause 33 ( l ) of the ACI allows or requircs."17. D(STRIBUIION OF ASSETS AND LiABtLnlES ON WlNDiNG UP

In the event the Authority commences to wind up and except (o any extenl the Board unanimously determiiies otherwise, theAuthori(y mus5 divide amon@ the Consliluent Counci!s in kind all of the Au.thorit2's assels and liabili(ics in proportion to theirAuthori(y must divide amorig theShares or as otherivise agreed by UUnanimous Dccision or-the Constilucnt Counci)s.

Phg'r23-Coyyi'rrrhs

78. CO;%l%llTTEES

78. i The Board may establish a committee ofa Direciors for the purpose of enquiring imo and reporting 10 thc Board on any mattcrwithin the Authorityas functions and posvets and as detailed in the zems or rerercrice given by the Board to the committee.

78.2 hmemberofacomniiueeestablishedunderdiisClauseholdsofficeati!iepleasureoftheBoard

78.3 The Board may establish advisory committees consisting of or iiicluding persons who are not Directors For enquiriiig into andrepontng to (he .Board on any maiter.witlun the Autho%as fiinctions and pout'ers and as de(ailed in the terms or rererencereporting to tfe Board on any matter widiin the AuthoFiyaswhich musr be givcn by the Bogd to the advisory committee.

78.4 A membcr of un advisory conimmee establishcd under this Clause holds office at (he p?easurc of the Board.

P#lRT 24-Or*g M-vi'n=gs

79. EXE(liTlON OF DOCUMENTS

The Chief Exccutive Officer must main(ain a regisler of use of thc Common Seal. As a matler ola record. Schedule 2. C!ause 37 orthe Act governs the execuli0n of docllments b} t5e Authoril7.

80. PRINCIPAL OFFiCE

The Auffiorityas principa) ofTice is at l Temp!e Court, Ottoway, S.A. 5013 or as the Board may determine othenxise.81. SER!ICE OF DOCI?MENTS

A document to be given by dic Authorily to a Constituent Counci!, or by a Constinient Council to the Authoriqmanner Section 280 of the Act permils. A ix'rilten no(ice given by the Authoriiy ((l a Conslituenl Council

may be givcn m apermils. itl wTillen no(ice giVen by the Authorily I(l a Conslituenl Council must b; mHked.

'Altention: Chief Execulive Officei'.


If any circthe Board

cir.cumstances .aris.e ab5iut which this C.harier is silent, incapable of 3*inB efleci or being implememed according to its tenns,may consider the circumstances and determine the aclion to be {akai.

The undersigncd (being each Council specified in the Chaiter) ayee to the above as the charter of the Authority.



Item: 14.5 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Terry Crackett, Director Corporate Services Subject: Noting of the 2015/16 Budgets for GRFMA, SHLGA,

AHRWMA and East Waste

SUMMARY

Council is a constituent council to four regional subsidiaries being:

Eastern Waste Management Authority (East Waste)

Adelaide Hills Region Waste Management Authority (AHRWMA)

Gawler River Floodplain Management Authority (GRFMA)

Southern & Hills Local Government Association (SHLGA) Schedule 2 of the Local Government Act 1999 requires that regional subsidiaries must adopt a budget for each financial year and must provide the adopted budget to the constituent councils within five days of adoption. GRFMA, SHLGA, East Waste and AHRWMA have provided their adopted budgets to Council. RECOMMENDATION That Council resolves: 1. That the report be received and noted.

2. That the Gawler River Floodplain Management Authority Budget for 2015/16 which incorporates a net surplus of $381 be noted.

3. That the Southern & Hills Local Government Association Budget for 2015/16 which incorporates a net surplus of $3,492 be noted.

4. That the Adelaide Hills Region Waste Management Authority Budget for 2015/16 which incorporates a net loss of $72,766 be noted.

5. That the Eastern Waste Management Authority Budget for 2015/16 which incorporates a net surplus of $65,333 be noted.

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 Noting of the 2015/16 Budgets for GRFMA, SHLGA, AHRWMA and East Waste

Page 2

1. GOVERNANCE Strategic Management Plan/Council Policy Goal 4: A Recognised Leading Performer Key Issue 4.2: Managing Risk and Responsibility Key Action 4.2.6: Manage and Maintain the Sustainable Financial Position of

Council. Legal Implications Section 43 of the Local Government Act 1999 (the Act) sets out the processes for the establishment of regional subsidiaries. Regional subsidiaries can be established to provide a specific service or services to carry out a specified activity or to perform a function of the councils. Schedule 2 of the Act sets out the provisions applicable to subsidiaries (including regional subsidiaries). Regional subsidiaries must, in consultation with their constituent councils prepare and adopt business plans, however these may be multi-year. The subsidiary must in conjunction with its constituent councils, review its business plan on an annual basis. Regional subsidiaries must have a budget for each financial year and while not being required to consult with the constituent councils on the draft budget, must under Reg 23 of the Local Government (Financial Management) Regulations 2011 provide it to these councils within five (5) days of its adoption. Council’s representatives on the regional subsidiaries are as follows:

GRFMA - Cr John Kemp and Marc Salver

SHLGA - Mayor Bill Spragg and Andrew Aitken.

ARWMA - Cr Ian Bailey and Andrew Aitken

East Waste - Cr Linda Green Risk Management Implications Council is technically at risk as a member of its regional subsidiaries. This necessitates ongoing awareness of each subsidiary’s activities, performance and plans. Ensuring that there are sound governance arrangements with Council’s s43 Regional Subsidiaries will assist in mitigating the risk of:





Page 3

Financial and Resource Implications The financial performance and results of GRFMA and SHLGA are very unlikely to have a material effect upon Council’s reported financial result each year. Customer Service and Community/Cultural Implications Not applicable. Environmental Implications The environmental strategies and performance of Council’s subsidiaries should continue to further Council’s environmental goals as set out in the Strategic Plan. Community Engagement/Consultation Not applicable.

2. BACKGROUND Adelaide Hills Council is a constituent Council of the Eastern Waste Management Authority (East Waste), Adelaide Hills Region Waste Management Authority (AHRWMA), Gawler River Floodplain Management Authority (GRFMA) and Southern & Hills Local Government Association (SHLGA). Each regional subsidiary operates under a Charter or Terms of Reference which is agreed to by all of the constituent councils and, finally, the Minister. While the Charters are broadly similar and each operates within the legislative requirements, there are some minor variations with arrangements, including those relating to the adoption of business plans and budgets. Clause 24 of Schedule 2 of the Local Government Act 1999 requires each subsidiary to prepare its budget and business plan in consultation with its constituent Councils. This process is undertaken each year and managed by Council’s delegated representative for each subsidiary. As each subsidiary’s membership comprises several Councils, it is inappropriate and inefficient for them to be intricately involved in the management and planning of the subsidiary, but it is important for each Council to be consulted and to retain an overview of each subsidiary’s activities and results. Schedule 4 of the Act requires Council to include each subsidiary’s Annual Report within its own Annual Report each year, and those four appendices comprise a significant element of each Adelaide Hills Council Annual Report. It is therefore appropriate for Council to consider to consider the draft Budgets and Business Plans in the development of its own Business Plan and Budget. Whilst Australian Accounting Standards allow Council to equity account for its investments in subsidiaries, the net effect on Council’s result is sometimes immaterial. This is partly because Council is only a minority shareholder in each (e.g. less than 2% in the GRFMA), but mainly because they all operate on a cost recovery basis to realise economies of scale for member councils. In other words, they should not generate significant profits or losses to impact on their members.


Page 4

For this reason, Council does not attempt to provide for its share of future subsidiary results when preparing its own budget unless a material and unavoidable impact can be reasonably foreseen. A further disincentive is that even if surpluses are generated, they are normally retained within the subsidiaries and so do not translate into a cash benefit for Council. Hence, they could distort Council’s decision making process when preparing its own budget and setting rates. Notwithstanding these factors, the scale of operations of East Waste and AHRWMA (and the essentially breakeven nature of Council’s own operating budget) are such that even Council’s minority holding has tended to change in value by a material amount in most recent years. Australian Accounting Standards require this to be separately disclosed in the Financial Statements, and so it is appropriate to plan and budget for these value changes where they can be sensibly anticipated.

3. ANALYSIS GRFMA The GRFMA adopted its budget on 17 June 2015 (Appendix 1) with net surplus of $381. The budget contains a 3% increase in the constituent Council subscriptions. All constituent Councils will contribute $9,474 to the operational costs of the GRFMA and a share of the maintenance costs of $17,832 for the 2015/16 year. AHC’s share is 1.73% or $309 with a total contribution to GRFMA of $9,783. AHC’s contribution is included in the adopted 2015/16 budget. SHLGA The SHLGA adopted its budget on 19 June 2015 (Appendix 2) with a net surplus of $3,492. The subscriptions for constituent Councils were calculated based on the 2014 elector numbers resulting in a 2.4% increase for AHC to be levied totalling $13,371. AHC’s subscription is included in the adopted 2015/16 budget. AHRWMA The AHRWMA adopted its budget on 25 June 2015 (Appendix 3) with an net loss of $72,766. The budget assumptions are attached to the budget. Landfill costs are based on waste volumes from the users and the expected increases (by CPI) were consulted with Council and have been incorporated into AHC’s 2015/16 budget. East Waste East Waste adopted its budget on 11 June 2015 (Appendix 4) with a net surplus of $65,333.


Page 5

East Waste consulted with Council in the development of the draft budget and the expected collection fees increases have been incorporated into AHC’s 2015/16 budget.

4. OPTIONS Council can: 1. Note the 2015/16 Budgets of GRFMA, SHLGA, AHRWMA and East Waste or; 2. Determine not to note one or all of the budgets. Option 1 is the preferred option as the budgets have been adopted by the respective Boards and the impact including in Council’s adopted 2015/16 budget.

5. APPENDICES 1. Gawler River Floodplain Management Authority Budget 2015/16

2. Southern & Hills Local Government Association Budget 2015/16

3. Adelaide Hills Region Waste Management Authority Budget 2015/16

4. Eastern Waste Management Authority Budget 2015/16

Appendix 1 Gawler River Floodplain Management Authority

Budget 2015/16

Appendix 2 Southern & Hills Local Government Association

Budget 2015/16

Adopted Budget19-Jun-15

2014-15 Budget 2015-16 Budget Comment

Income

Annual Levy $10,422.00 $10,537.00 adjusted for 2014 elector numbers

Annual Subscriptions $71,750.00 $73,500.00 Council members and Subscription rates up by 2.4%

Grants - LGA $38,155.00 $38,155.00

Grants - Other $25,000.00 $50,000.00 LGA Outreach Program

Interest Income $1,500.00 $1,000.00

Misc Revenue $0.00 $0.00

Project 1 (Public Health)Levies $28,000.00 $0.00

Total Income $174,827.00 $173,192.00

Gross Profit $174,827.00 $173,192.00

Less Operating Expenses

Accounting $1,500.00 $1,500.00

Audit $2,500.00 $2,500.00

Bank Fees $50.00 $50.00

Board & Meeting Expenses $0.00 $500.00

Consulting - Contract $135,000.00 $135,000.00

General Expenses $0.00 $500.00 fees for Charter review/publication

Insurance $5,750.00 $5,750.00

Marketing - Promotion Expenses $2,000.00 $500.00

Travel Expenses $6,000.00 $6,000.00

Office Expenses $0.00 $0.00

Postage, Printing & Stationery $350.00 $350.00

Project 1 Expenses $28,000.00 $850.00 Public Health Plan marketing

Project 2 Expenses $1,200.00 $1,200.00 RWP SLRP meeting & applications

Project 3 Outreach expenses $10,000.00

Training & Development - Seminars & Conferences $6,000.00 $5,000.00 2 x LGA conferences,ALGA

Total Operating Expenses $188,350.00 $169,700.00

Net Profit -$13,523.00 $3,492.00

Profit & LossSouthern & Hills Local Government Association

For the month ended March 2015

Appendix 3 Adelaide Hills Region Waste Management

Authority Budget 2015/16

Budget 2015/2016 - Underlying Assumptions

*

*

*

*

*

*

*

CPI as per 'Access Economics, March 2015'.

Landfill gate fees increased by CPI.

Tonnages reviewed and increased according to upward trend.

Lgbour Price Index.

o White collar salaries for 201 5/ 16 EB agreed at 2.5% increase. And 2.5% increase for 201 6/ 17. EBrenegotiated 201 7/18.

o Blue collar salaries EB agreed for 201 5/ 16, increase is 4%. EB renegotiated 2016/17.o Future year increments as per LPI in 'Access Economics, March 2015'.o Superannua?!on frozen at 9.5% until 2021 . Increases ?0 1 0% in 2022 and !ncreases half a percen}

until 12% reached.

EPA Levy for 15/16 - Metro $57.00 & Rural $28.50.

Interest on CAD facility at 4.25% as per LGFA circular 6'h May 2015.

Capital Expenditure

o Commence Cell 8 build $805K.o Change over backhoe $120K.

ABNORMAL ITEMS

o Legalfeesremainat$l00K.o Depreciation accelerated on Cell 6 as the cell is near capacity. Cell capacity reports from Golders

and Associates may indicate the ability to expand Cell 6. If this is the case, a depreciationadjustment may be a possibility to the value of $328K.

Adelaide Hills Regional WasteManagementAuthority BllDGFT20l5-16

(2014/15) (2015/16)Projected Actual Proposed Budget

30-June-2015 30-June-2016

INCOME STATEMENT

llncomeLandfill Income

Transfer Station Income

lOther IncomelBank Interest%

Wpenses

l?lAdmi

loyee Costsinistration

Interest on Loans

lR&Dj?ations

?EPA Waste -LevyBrinkley Lease Payment

lRehab & Capping Inflation ExpenseDepreciation/Amortisation

Total Expenses

Gain/(Loss Disposal)Amounts Received specifically for new or upgraded assetsNet Profit / (Loss)

CASH FLOW STATEMENT

Cash Flow from Operating ActivitiesReceipts

Operating receiptsInvestment receipts

lPaymeif

nts

erating payments to suppliers & employeesl Finance paymentsl Dividend Payment

Brinkley Capping Costs

Net cash provided by (or used in) Operating ActivitiesCash Flow from Investing Activities

lReceiptsl Grantnts new or upgraded assets

l Sale of replaced assetsPayments

3,232,4241,118,096

583,320

4,933,840

827,728661,988

13,6916,380

1 ,470,5781 ,258,625

48,374

938,338

6,226,702

(21,796)

(313,658)

5,086,000

(4,208,000)

(5,000)

873,000

85,000

3,602,5621 ,254,029

646,172

?

1 ,005,495710,126

9,648

30,000

1 ,334,840

1 ,430,700

48,000

991 ,000

?(15,720)

(72,788)

5,502,763

(4,559,161)(9,648)

(150,000)

783,966

48,000

Adelaide Hills Regional WasteManagementAuthority BUDGET2015-16

xpen i ure on renevva rep acement o asse slVeljifi

hicle

Equipment

jPurpose Dump TrucklExirTh

cavator

ndfill Compactor

ffilWater Truck

l Expenditure on new/upgraded assetsPlant & EquipmentLandfill CompactorExcavator, P?41ye;r3serBackhoes (for HTS)Backhoes (for BTS)Loader

Scale for Loader

iDump TruckCamera for BLF

l?Truck, BinsWater Cart

lMobile BailerlC&D CrusherLeachate Pond

l?kley Cell 6?Brinkley Cell 8Brinkley Cell 9Brinkley Upgrade, Roadworks, F&F, Buildings

(2014/15) (2015/16)Projected Actual Proposed Budget

30-June-2015 30-June-2016

(50,765)

(i,ooo)

(40,500)

(273,000)(120,000)

(io,ooo)

(20,000)

(94,000)(805,000)

t

(W cash provided by (or used in) Investing Activities (363,766) ?

Adelaide Hills Regional WasteManagement Authority BUDGET 2015-16

lCash Flow from Financing Activitiesffi

Proceeds from BorrowingsPayments

Repayments of BorrowingsRepayment Other

Net cash provided by (or used in) Financing Activitiesi

ffilet Increase (Decrease) in cash heldl??lCash

& cash equivalents at beginning of period& cash equivalents at end of period

rl

Assets

l Cash at bank

LSite & Equipment-AHRWMA (Carrying Amount)Other Assets

liLiabilities

Other Liabilities

Contingent Liabilities - Capping & Post ClosureLandfill Rehabilitation

Brinkley Capping 6Brinkley Capping 8Brinkley Capping 9Loan

(2014/15)

Projected Actual30-June-2015

(2015/16)

Proposed Budget30-June-2016

(300,000)

(300,000)

209,236192,437

401,671

(133,546)401,671

268,126

BALANCE SHEET

401,671

2,879,762

369,538

3,650,971

268,126

2,827,042

327,070

?

619,295 576,827

373,800

528,200

383,900

404,600

227,000

?1

J

l?

227,000

1 ,748,295irqr'?

Retained profit/loss

1,902,676

1 ,902,676

Appendix 4 Eastern Waste Management Authority Budget

2015/16

Statement of Comprehensive Income 15/16 Draft Budget

2015/2016

Income

Collection Fees $12,655,880

Total Income $12,655,880

Costs of Operations

Dumping Fees - Contamination $50,000

Disposal Fees - Waste $750,000

Disposal Fees - G/O $900,000

Disposal Fees - Hard $129,600

Fuel; Gas & Oil $1,148,856

Fuel Tax Credits $253,766

Maintenance - Trucks $1,167,322

Maintenance - Bins $197,550

Registration & Insurance - Trucks $271,000

Wages & Salaries $3,563,135

Superannuation $265,832

Workers' Compensation $130,192

Wages: Casual Agency $700,000

Sorting Fees $50,000

Total Costs of Operations $9,577,253

Operating Surplus (Deficit) $3,078,627

Operating Surplus (Deficit) % 24%

Expenses

Account Fees $1,000

Accounting & Audit $35,000

Bank Charges $2,000

Board Fees $25,500

Burnside 2nd Bin Reimbursement $4,200

Consulting $75,000

Conference $6,000

Communications $102,476

Entertainment $500

Equipment Hire $15,000

Education & Training $15,000

Fire / Security Service $11,700

GPS Monthly Tracking $39,500

Insurance $25,000

Kerbside Audits $10,000

Legal Fees $19,950

Lease: Two-way Radio $4,868

Licence Fees $2,340

Maintenance - Motor Vehicles $30,000

Other Items - Mitcham Waste $9,900

Other Items - Ottoway $50,800

Power $31,970

Printing, Stationary, Postage & Courier $35,040

Promotion & Advertising $30,400

Protective Clothing $25,000

Telephone $42,750


Outgoings Ottoway Depot $45,000

Rent - Ottoway $172,500

Risk Assessment Expenses $10,000

Staff Amenities $44,900

Staff Medical $1,000

Subscriptions $6,300

Sundry Items $14,500

Tools, Minor Equipment $51,000

Total Expenses $996,094

Operating Surplus (Deficit) After Overheads $2,082,533

Other Income

Other Income


Prepayment Equity Loan $122,018

Sundry Income $10,000

Total Other Income $385,784

Profit from Sale of Fixed Assets $45,000

Total Other Income $430,784

Other Expense

Provisions

Employee Entitlements - Annual Leave $239,000

Employee Entitlements - Long Service Leave $40,000

Total Provisions $279,000

Total Other Expense $279,000

Net Surplus (Deficit) Before Interest & Depreciation $2,234,317

Depreciation

Buildings & Other Structures $5,181

Plant & Equipment $1,802,801

Total Depreciation $1,807,982

Net Surplus (Deficit) Before Interest $426,335

Interest Income

Bank Accounts

Bank SA $9,826

LGFA Investment Account $30,503

Total Bank Accounts $40,330

Total Interest Income $40,330

Interest Expense

Loans

Lease & Goods Mortgage $367,936

LGFA Equity Loan $33,396

Total Loans $401,331

Total Interest Expense $401,331

Net Finance Costs $361,002

Net Surplus (Deficit) before Income Tax $65,333

Net Surplus (Deficit) $65,333


Non-Operating Income

Payments to/from Councils ($65,333)

Total Non-Operating Income ($65,333)

Movement in Retained Earnings $0

Cumulative Retained Earnings $21,319

Statement of Financial Position 15/16 Draft Budget

2015/2016

Current Assets

Bank Accounts

Bank SA $725,974

LGFA Investment Account $1,372,281

Total Bank Accounts $2,098,255

Receivables

General Trade Receivables $321,430


Total Receivables $391,216

Other Current Assets

Prepayments $785

Stores & Materials $1,200

Total Other Current Assets $1,985

Total Current Assets $2,491,455

Non-Current Assets

Tangible Assets

Buildings & Other Structures $75,115


Accumulated Depreciation

Buildings & Other Structures ($28,487)

Plant & Equipment ($16,383,125)

Total Accumulated Depreciation ($16,411,612)

Total Tangible Assets $6,502,853

Total Non-Current Assets $6,502,853

TOTAL ASSETS $8,994,309

Current Liabilities

Payables

General Trade Payables $579,425



PAYG Payable

General PAYG Payable $61,821

Total PAYG Payable $61,821

Total Payables $684,545

GST

GST Payable $161,150

Total GST $161,150

Receivables

Payments To/From Councils $65,333

Total Receivables $65,333

Loans Payable

Lease & Goods Mortgage $1,527,622


Total Loans Payable $1,622,419

Provisions

Staff Provision

Statement of Financial Position 15/16 Draft Budget


Total Staff Provision $261,169


Total Current Liabilities $2,794,616

Non-Current Liabilities

Loans Payable



Total Loans Payable $5,777,763

Provisions

Staff Provision

Employee Entitlements - Long Service Leave $400,610

Total Staff Provision $400,610


Total Non-Current Liabilities $6,178,373

TOTAL LIABILITIES $8,972,989

NET ASSETS $21,320

Capital and Reserves

Retained Earnings

Retained Earnings $21,319

Total Retained Earnings $21,319

Total Capital and Reserves $21,319

TOTAL EQUITY $21,319

Cash Flow Summary 15/16 Draft Budget

2015/2016

Cash Inflow

Income $13,917,624

Total Income $13,917,624

Interest Received $40,330

Non-Current Asset Sales $49,500

Loans Received $1,751,000

Total Cash Inflows $15,758,454

Cash Outflow

Costs

Dumping Fees - Contamination $86,034



Disposal Fees - Hard $124,633

Fuel; Gas & Oil $1,280,703


Maintenance - Trucks $1,313,753


Registration & Insurance - Trucks $298,107


Workers' Compensation $130,192

Wages: Casual Agency $775,130

Sorting Fees $116,862

Account Fees $1,102

Accounting & Audit $38,500

Bank Charges $2,168

Bill Fees $33

Board Fees $25,161


Consulting $82,959

Conference $6,164

Communications $107,078

Entertainment $504

Equipment Hire $16,959

Education & Training $16,625

Fire / Security Service $12,946

GPS Monthly Tracking $41,204

Insurance $27,500

Kerbside Audits $10,083

Legal Fees $21,999

Lease: Two-way Radio $4,908

Licence Fees $2,807

Maintenance - Motor Vehicles $33,000


Other Items - Ottoway $54,941

Power $34,542

Printing, Stationary, Postage & Courier $39,312

Promotion & Advertising $32,608

Protective Clothing $27,492

Cash Flow Summary 15/16 Draft Budget

Telephone $46,801

Outgoings Ottoway Depot $45,375

Rent - Ottoway $187,688

Risk Assessment Expenses $10,999

Staff Amenities $49,259

Staff Medical $1,016

Subscriptions $7,106


Tools, Minor Equipment $54,612

Total Costs $7,877,913

Wages

Generally Reporting Wages $3,563,279

Total Wages $3,563,279

Provisions



GST Paid $443,408

Non-Current Asset Purchases


Total Non-Current Asset Purchases $1,926,100

Loan Repayments Made



Total Loan Repayments Made $1,878,111

Total Cash Outflows $15,811,136

Net Cash Inflow/(Outflow) ($52,682)

Opening Bank $2,150,936

Net Cash Movement ($52,682)

Closing Bank $2,098,255

Common Fleet Costing 15/16 Draft Budget

2015/2016

Expenses

Total Costs of Operations $9,577,253

Total Expenses $996,094

Total Other Expense $279,000

Total Depreciation $1,807,982

Total Interest Expense $401,331

Total Expenses $13,061,660

Less Member Council Non-Collection

Costs:




Administration $208,896



Prepayment Equity Loan $122,018


Hard Refuse $391,000

Litter $280,000

Bin Supply - AHC $64,578


Total Member Council Non-Collection

Costs $3,196,408

Total Collection Costs $9,865,252

Member Councils Cost Allocation

Adelaide Hills Council 25.56% $2,521,559

City of Burnside 18.05% $1,780,678

Campbelltown City Council 20.59% $2,031,255

City of Mitcham 15.89% $1,567,589

City of Norwood Payneham & St

Peters 16.46% $1,623,821

Corporation Town of Walkerville 3.45% $340,351

Total 100.00% $9,865,252

City of Burnside At-Call Hard Waste 15/16 Draft Budget

C


Tuesday, 28 July 2015 AGENDA BUSINESS ITEM

Item: 14.6 Originating Officer: Mike Flehr, Senior Strategic & Policy Planner Responsible Director: Marc Salver, Director Strategy & Development Subject: Strategic Plan Projects Quarterly Report – June 2015

SUMMARY

Action item 4.4.1 of the Council’s Strategic Plan 2014 -18 proposed that the progress of current Strategic Plan projects be reported on a quarterly basis. (see Appendix 1).

The progress report for the May to June 2015 quarter forms Attachment 1, while the Summary report for that period forms Attachment 2. These reports indicate the status of projects in the Strategic Plan 2014 -18 as being ‘Ahead of Schedule’, ‘Behind Schedule’, ‘Completed’, ‘On Track’, ‘Ongoing’, or. ‘Pending’. A pie chart showing the status of all projects by category also forms part of Attachment 2.

The next quarterly report will indicate the status of the 37 continuing 2014/15 projects and the 16 projects to be undertaken during the 2015/16 financial year.

The status of the 37 identified projects for the 2014/15 is:

Ahead of Schedule 0 (0%);

Behind Schedule 5 (13%);

Completed 18 (49%);

On Track 7 (19%);

Ongoing 6 (16%); and,

Pending 1 (3%).

Of the total, 6 projects are ongoing multi-year projects. Of the single year projects, 13 projects remain to be fully completed, of which, 7 are “On Track” and 1 are still “Pending”. The 5 remaining projects are behind schedule due to changes to external programs, a need for preceding projects to be completed or resourcing issues.

Staff recommend that the report be received and noted. RECOMMENDATION That Council resolves: 1. That the report be received and noted

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 Quarterly Strategic Plan Projects Report – June 2015

1. GOVERNANCE

Strategic Management Plan/Council Policy

Goal 4 A Recognised Leading Performer

Key Issue 4.4 Strategic Planning and Performance

Key Action 4.4.1 Develop a Strategic Planning and Reporting Framework to achieve planned social, environmental, economic and governance objectives

Legal Implications

There are no direct legislative implications from the Local Government Act 1999, or other legislation, however this project does respond to general local government principles regarding good governance, openness and transparency.

Further, the Council’s prioritisation and management of its strategic projects will be strengthened by this monitoring project and the associated Strategic Planning Framework project which prioritises projects according to effectiveness criteria.

Risk Management Implications

Risks associated with the Project Tracking are minimal, as the process is designed to identify problems and issues in a timeframe in which solutions can be prepared and implemented.

Monitoring Strategic Projects will assist in identifying problems in a timely manner to mitigate the risk of:

Not completing Strategic projects effectively and in a timely manner.


High (2B) Low (2D)

Financial and Resource Implications

There are no direct costs associated with this project. A staff resource has been allocated to develop the reporting tool and manage report generation.

Customer Service and Community/Cultural Implications

This project is internal, has no direct impact on customer service and has no external community or cultural implications. However, it facilitates accountability with regard to the implementation of the 38 Strategic Projects being undertaken in the 2014/15 financial year, and will impact on the internal culture.

Environmental Implications

There are no environmental implications with regard to this reporting project.

Community Engagement/Consultation

No community consultation is required in this instance.


2. BACKGROUND

This project has been identified as an essential corporate level project management tool, which is directed at monitoring the implementation of projects in the Strategic Plan 2014 -18.

The tool has been developed in-house using a Microsoft Access database. The Access software operates in the background, with users updating a user friendly template report.

Project managers for each project update the system on a monthly basis. These monthly updates are then communicated to each Director (as Project Sponsors) and to the Executive Leadership Team, as part of their corporate oversight process. As noted above, quarterly updates will be provided to Council as part of their oversight process.

This software system is a base from which a wider range of projects can be monitored over time, and to which a trial annual business planning module is being added.

3. ANALYSIS

The first Council report of this system is attached in Attachment 1. This report indicates the status of projects in the Strategic Plan 2014 -18 as being ‘Pending’, ‘Completed’, ‘Ahead of Schedule’, ‘On Track’, or ‘Behind Schedule’. A pie chart showing a summary of all projects by category forms Attachment 2.

The status of the 37 identified projects for 2014/15 is:

Ahead of Schedule 0 (0%);

Behind Schedule 5 (13%);

Completed 18 (49%);

On Track 7 (19%);

Ongoing 6 (16%); and,

Pending 1 (3%).

Of the five projects which are behind schedule at the time of reporting:

1.1.06 Road safety black spots Two projects have been funded in the 2014/15 financial year :

1) Corkscrew Road Montacute, Guardrails - this project was completed in May 2015

2) Stock Road Mylor - this Black spot funded project includes several elements including solar powered street lighting, road resealing at intersections, tree pruning and guardrails. Due to adverse public feedback on this project, a review was undertaken on the scope of works and another public meeting is to be called in mid July 2015 to inform residents of the extent of the revised safety measures to be installed. The funding deadline has been extended to December 2015 to allow works to be completed for this project.


2.3.01 Review wastewater servicing (CWMS Review) Draft expressions of interest has been completed. Release of the Expressions of Interest document has been temporarily delayed due to other CWMS and Waste Management tasks requiring completion. Expressions of Interest document expected to be released mid July 2015.

2.3.02 Review the Waste Management Strategy: Project has been delayed due to the need to progress the Regional Kerbside Tender and regulatory priorities in the CWMS area. Draft document nearing completion however CWMS Review to be progressed as a priority followed by the Waste Management Strategy Review.

2.6.01 Pilot Study: bike parking facilities: The first draft of the Local Area Strategic Bike Plan is expected in August 2015. Internal consultation has been completed and selected public consultation is scheduled to start on 30 June 2015. Parking facilities for bicycles will be included in the overall Strategic Bike Plan.

4.1.03 Review governance structure: Proposed governance structure presented at October SPDPC meeting, Framework is currently being populated with AHC status against each framework component. Various components of the overall review are being addressed separately (such as community forums, meeting procedures, elector representation, function of committees, policies and procedures) as legislative and organisational priorities dictate.

Overall, the majority of projects are either ‘completed’ or ‘on track’.

4. APPENDICES

(1) Progress Report on Strategic Plan Projects – 2014/15

(2) Quarterly Strategic Planning Projects Summary – June 2015

Appendix 1 Strategic Plan Projects – 2014/15

2014/15 Projects – 37 projects

SP Action Number

Project Description Status

1.1.1 Develop a Community Strategy & (CEO KPI) Completed

1.1.5 and 1.1.6

Participate in State Government

trials of speed limits on unsealed roads and

identify road safety black spots

Completed

Behind Schedule

1.1.8 Regional Public Health Plan Completed

1.2.2 Volunteer Action Plan Completed

1.3.1 Positive Ageing Action Plan On Track

1.3.3 Adelaide Hills Trail Strategy Implementation Plan On Track

1.4.4 WW1 War Memorials - review and upgrade program Ongoing

1.4.5 Community Initiative to commemorate the WW1 Centenary Completed

2.1.1 Water Resources Strategy ‐ over 2 years Ongoing

2.1.2 Implement the Biodiversity Strategy ‐ over 3 years Ongoing

2.2.4 Regional Integrated Climate Change Vulnerability Assessment Report – over 2 years

Ongoing

2.2.5 Investigate the benefits of becoming a member of the ICLEI Completed

2.3.1 Review Waste Water Servicing Behind Schedule

2.3.2 Review Waste Management Strategy Behind Schedule

2.3.3 Roll out Household Food Organics Mini Bins Completed

2.4.1 Community Facilities Study - Assigned to 2015

2.5.1 District Master Plan (CEO KPI) On Track

2.5.2 Timetable for Precinct Plans and Activity Centres ‐ 2014‐2015 (CEO KPI)

On Track

2.5.5 Tree Planting Succession Plan 2014‐2015 Pending

2.6.1 Pilot Study of Bike Parking Facilities Behind Schedule

2.6.4 Review Park‐n‐Ride Facilities ‐ priority Completed

3.1.1 Prepare an Economic Development Strategy ‐ 2014 (CEO KPI) On Track

3.1.4 Master Plan for AHBTC at Lobethal Completed

3.1.8 World Heritage Status - Stage 1 (National Heritage) ‐ ongoing Ongoing

3.2.1 Development Plan Amendment to protect Farmland & Primary Production – over 3 years

Ongoing

4.1.2 Formal Training & Development Program - Elected Members Completed

4.1.3 Review the Governance Structure Behind Schedule

4.2.1 Update the Risk Management Framework Completed

4.2.4 Develop a Program for Policy Review Development Completed

Adelaide Hills Council – Ordinary Council Meeting 23 April 2015 Quarterly Strategic Plan Projects Report

SP Action Number


4.3.1 Community Engagement Framework Completed

4.3.2 Update Council's Consultation and Notification Policies On Track

4.3.3 Communication and Marketing Plan Completed

4.4.1 Develop a Strategic Planning & Reporting Framework (CEO KPI) Completed

4.4.2 Review the Long Term Financial Plan - financial assumptions and planning parameters

On Track

4.5.1 Leadership and People Development Framework (refer to Corporate Plan Project Plan)

Completed

4.5.2 Develop and apply a 3 year Corporate Plan Completed

4.5.3 Customer Service Framework (also in Corporate Plan) Completed

2015/16 Projects

No. SP Action Number


1.1.9 Asset Management Plan Raise road safety awareness

On Track

1.2.1 Review Sport and Recreation Strategy and Open Space Strategy On Track

1.3.2 Youth Action Plan Ahead of Schedule

1.4.3 Indigenous Culture & NAIDOC Ahead of Schedule

2.4.1 Community Facilities Study Pending

19 2.5.4 Develop a Footpath Network plan as part of the Infrastructure Development Plan

On Track

2.6.2 DDSA & DDP: All weather upgrade of facilities at public transport nodes

Ahead of Schedule

2.6.3 Unmade Roads Study On Track

2.6.6 Lobby for Cycle Lanes On Track

2.6.7 Advocate: innovative transport routes On Track

3.1.3 Business Group Database On Track

3.2.2 Agricultural value-adding activities Pending

3.2.3 Review the impacts of regulation Pending

3.4.3 Key heavy vehicle road transport route On Track

4.1.1 Community Leadership Program On Track

38 4.4.3 Review the Council’s Rating Policy On Track

Appendix 2 Quarterly Strategic Plan Projects Report –

End of Financial Year - June 2015

Strategic Plan Projects Report – July 2015 – 38 Projects



Item: 14.7 Originating Officer: Mayor Bill Spragg Subject: Code of Conduct Investigation Outcome

SUMMARY

Council has received correspondence from the South Australian Ombudsman regarding the outcomes of an investigation into the conduct of Cr Ian Bailey in September 2012 regarding the alleged improper use of information acquired as a member of Council. In his report, the Ombudsman has concluded that Cr Bailey did not breach the Code of Conduct or the Local Government Act 1999, and did not act in a way that was unlawful within the meaning of s25(1)(a) of the Ombudsman Act 1972. In accordance with the applicable Code of Conduct at the time of the alleged behaviour (which is still generally consistent with the Complaint’s Handling Procedure in the current Council Member Conduct Policy), the Mayor is required to report to Council on the outcomes of the investigation into the alleged breach. RECOMMENDATION That Council resolves that the Mayor’s report regarding the outcome of the conduct investigation by the Ombudsman be received and noted.

1. GOVERNANCE

Strategic Management Plan/Council Policy Goal 4 A Recognised Leading Performer Key Issue 4.1 Leadership Key Action 4.1.4 Meet legislative, regulatory and good governance

responsibilities and obligations Legal Implications There a number of legislative provisions that relate to this matter with the key elements outlined below.

Adelaide Hills Council Meeting 28 July 2015 Code of Conduct Investigation Outcome

Section 62 of the Local Government Act 1999 (the LG Act) sets out the general duties of Council Members and includes subsection (3) which states that a member must not make information acquired by virtue of his or her position of the council to gain, directly or indirectly, an advantage for himself or herself or for another person or to cause detriment to the council. Section 63(1) of the Local Government Act 1999 in force at the time of the alleged behaviour that was September 2012 (the historic LG Act) required council to prepare and adopt a code of conduct to be observed by the members of the council. The relevant sections of the Independent Commissioner Against Corruption Act 2012 (the ICAC Act) are:

s5(3) which defines misconduct in public administration as:

(a) contravention of a code of conduct by a public officer while acting in his or her capacity as a public officer that constitutes a ground for disciplinary action against the officer; or

(b) other misconduct of a public officer while acting in his or her capacity as a public officer.

s24(2)(a) which provides that if a matter is reported to the OPI raises a potential issue of misconduct or maladministration in public administration, it may be referred to an inquiry agency (e.g. Ombudsman).

s54 which provides strict limitations on the disclosure of information obtained in the course of the administration of the ICAC Act (including investigations) unless the Commissioner provides written authorisation.

s56 which provides strict limitations on the publication of information relating to an actual or potential complaint, investigation, giving of evidence or report unless the Commissioner provides written authorisation.

Sections 25 and 26 of the Ombudsman Act 1972 (Ombudsman Act) which provides for the actions that the Ombudsman may take upon the completion of an investigation including determining whether the disclosure of the outcomes of the investigation is in the public interest. The Code of Conduct for Elected Members (dated 27 September 2011) was the applicable Code at the time of the alleged behaviour.

Clause 2 – Statement of the General Duties of Elected Members states that Elected Members must not make improper use of information acquired as a Member of Council.

Clause 7 – Breaches of this Code of Conduct states:

o Any alleged breach of the Code of Conduct must be submitted to the Mayor, in writing1

o Upon receipt of a complaint, the Mayor must bring the fact of the complaint but not the detail of the allegations to the attention of the Council at the next formal meeting of the Council2

1 The report was made direct to the Office of Public Integrity (OPI) as is permissible under the ICAC

Act. 2 As the report was made to the OPI and was subject to the confidentiality provisions of s54 of the

ICAC Act, the Mayor was not aware of the allegations until the Ombudsman’s letter of 25 June 2015


o The Mayor will report to the Council on the outcomes of the

investigation into the alleged breach.3 Risk Management Implications Dealing with allegations of misconduct in accordance with the applicable legislative and policy provisions will assist in mitigating the risk of:




Financial and Resource Implications Not applicable. Customer Service and Community/Cultural Implications The community has a high expectation that Council Members conduct themselves in accordance with legislative and policy requirements and the broader notion of appropriate conduct for public officials. Equally the community has an expectation that where a public official is accused of an offence, the outcomes of the investigation should be transparent. Environmental Implications Not applicable. Community Engagement/Consultation Not applicable.

2. BACKGROUND The Ombudsman wrote to the Chief Executive Officer on 25 June 2015 to advise that he had completed an investigation into allegations of misconduct regarding Cr Bailey’s alleged improper use of information in September 2012. The matter had been originally reported to the Office of Public Integrity (OPI) and was referred under s24(2)(a) of the ICAC Act to the Ombudsman for investigation. In his report, the Ombudsman concluded that Cr Bailey did not breach the Code of Conduct or the Local Government Act 1999, and did not act in a way that was unlawful within the meaning of s25(1)(a) of the Ombudsman Act 1972. The Ombudsman advised that, under delegation from the Commissioner, that:

the Council is no longer required to keep the information in the final report confidential pursuant to s54 of the ICAC Act; and

3 This report satisfies this requirement.


the Council is authorised to publish the final report and the record of any meeting or meetings that consider the final report pursuant to s56 of the ICAC Act.

3. ANALYSIS Notwithstanding the Ombudsman’s authorisations under s54 and s56 of the ICAC Act, the outcome of the Ombudsman’s investigation is being reported in accordance with the provisions of the applicable Code of Conduct which states that the Mayor will report to the Council on the outcomes of the investigation into the alleged breach. The other provision of that Code relating to the reporting to Council of allegations of a breach was not able to be satisfied as the allegations were made directly to the OPI and were subject to the confidentiality provisions of s54 of the ICAC Act (i.e. the Mayor was not aware of the allegations until the Ombudsman’s letter of 25 June 2015).


I. To resolve to receive and note the Mayor’s report.

II. To determine to not receive and note the report.

Option I is recommended as Council as this ‘closes the loop’ in relation to this matter.

5. APPENDIX Nil



Item: 15.2 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Terry Crackett, Director Corporate Services Subject: Information Report – Council Resolutions Update

SUMMARY

The Action List is updated each month and outlines actions taken on resolutions passed at Council meetings. The completed items are removed from the list each month. RECOMMENDATION That Council resolves: 1. The Council Action List be received and noted 2. The following completed items be removed from the Action List:

Date Meeting No Heading

21/1/14 Council 9 Riverview Road & Nairne Road intersection

23/9/14 Council 199 MON Review of Tree Management Policy

9/12/14 Council 279 Review of Selection Criteria & EOI CDAP Independent Members

24/2/15 Council 31 MWN Traffic & Parking Control Garrod Cr Stirling

24/3/15 Council 47 Federal Government Trans Pacific Partnership

14/4/15 Special 63 AHBTC Masterplan Actions Budget Request

28/4/15 Council 77 Review of CDAP Sitting Fees

26/5/15 Council 111 Event Opportunity – Confidential

26/5/15 Council 108 Appointment Independent Members to Bushfire Advisory Group & Sustainability Advisory Group

9/6/15 SPDPC 23 DA involving Regulated Trees Policy

23/6/15 Council 69 Adoption of Annual Business Plan Budget & Rates

23/6/15 Council 70 Fees & Charges

23/6/15 Council 71 Amendments to Dog & Cat Management Act

23/6/15 Council 72 AHBTC Masterplan & Lobethal Mill CMP

23/6/15 Council 73 Support for Road Closures Classic Adelaide

23/6/15 Council 74 Community Strategy Adoption

23/6/15 Council 75 AHC revised Logo

23/6/15 Council 76 FAGS Advocacy Campaign

23/6/15 Council 77 Delegations Review

23/6/15 Council 78 Register of Confidential Items

23/6/15 Council 79 Tree Management Report

Adelaide Hills Council – Ordinary Council Meeting 28 July 2015 Information Report – Council Resolutions Update

Page 2

1. GOVERNANCE Strategic Management Plan/Council Policy Goal 4 A Recognised Leading Performer Key Issue 4.4 Strategic Planning and Performance Legal Implications Not applicable Risk Management Implications


High (4C) Medium (4E)

Actions arising from Council resolutions may not be completed in a timely manner. Financial and Resource Implications Not applicable Customer Service and Community/Cultural Implications Not applicable Environmental Implications Not applicable Community Engagement/Consultation Not applicable

2. ANALYSIS The Action List (Appendix 1) is updated each month and outlines actions taken on resolutions passed at Council meetings. The completed items are removed from the list each month.

3. APPENDIX (1) AHC Action List

Appendix 1 AHC Action List

Date Meeting Res

No.

Topic Action Responsible

Director

Responsible Officer Progress Date of

Update

Estimated

Completion

Date

Comment

7/04/09 Council 108 Building allotments - Highercombe Golf Club Investigate options & prepare report Terry Crackett Peter Matushik In Progress 20/05/15 31/12/15 Investigation still outstanding due to higher priorities

for resource allocation.

20/10/09 Council 359 Basket Range Hall - Infrastructure Grant As per minute - develop a draft policy for infrastructure funding support for Community-Owned Halls,

including a financial impact assessment and investigate the merits or otherwise of incorporating an

annual budgeted amount for urgent community building infrastructure maintenance.

David Waters Rebecca Shepherd In Progress 19/05/15 30/06/15 New policy which will cover this is being developed.

Likely to go to Council for consideration in late

2015.

6/07/10 Council B177 Approval to Register Drainage Easements Over

Properties at 8 Tolmer Road and 2, 4 and 6

Gale Street Woodside

That Drainage easements over 8 Tolmer Road and 2, 4 and 6 Gale Street, Woodside in favour of

Council, being land owned by Mr Aubrey, Ms Brunialti, Ms Hall and Housing SA respectively, be

secured at no fee with Council meeting all legal and title production costs of approximately $3000.

Once approval has been secured from Mr Bellwood for the property at 10 Tolmer Road, Woodside for

an easement in favour of Council over these existing pipes that Council proceed with executing this

easement at no cost to the owner. If the easement is not granted then Council approve that the

process for compulsory acquiring this easement be granted.

The Mayor and CEO be authorised sign and to affix the Council seal to all necessary documentation

Terry Crackett Peter Matushik In Progress 20/05/15 31/12/15 Compliance with the current resolution is not

possible and alternative solutions such as

compensation or compulsory acquisition may need

to be considered.

23/08/11 Council 256 Social Planning Reference Group Terms of

Reference

Submit future report to Council on the range and scope of Council’s grants David Waters Rebecca Shepherd In Progress 19/05/15 30/06/15 Social Planning Advisory Group suggested

(14/7/15) an interim report to SPDPC/Council to

outline the need for the policy review to be carried

out elementally over a period of time.

22/11/11 Council 342 MON - Highercombe Golf Course Investigate the future use of vacant block at Highercombe Golf Course Terry Crackett Peter Matushik In Progress 20/05/15 31/12/15 see 108

27/03/12 Council 72 Future Use of Stirling Community Shop Site 3 year lease approved with terms to be implemented as per adopted resolution Terry Crackett Peter Matushik In Progress 20/05/15 30/06/15 Negotiations to resume with lessees regarding

Council resolution and legislative obligations.

12/06/12 Council 148 Naming unnamed reserve at Carawa Avenue,

Balhannah

That, following local public consultation and there being no substantive objections, the unnamed park

adjacent to Carawa Avenue, Balhannah (assessment no. 4226) be named as the Stan Camac

Reserve, and a sign with the new name be erected which includes information on Mr Camac’s service

to the community.

Deb Richardson Matt Wittwer In Progress 22/04/15 30/08/15 Consultation will be conducted in May 2015, the

process for naming the reserve will be conducted

between May and August 2015 in accordance with

Council's Place and Road Naming Policy.

28/08/12 Council 214 Kersbrook Stone Reserve – Heritage

Agreement

Chief Executive Officer, or delegate, be authorised to take all necessary actions to bring the Heritage

Agreement into effect

Terry Crackett Peter Matushik In Progress 20/05/15 31/01/15 Subject to resolution of 164.

10/09/13 Council 164 Handing back of Crown Land to be rededicated

– Section 426 H 105700 Kersbrook Stone

Reserve

Finalise Documents - Mayor/CEO to sign Terry Crackett Peter Matushik In Progress 20/05/15 31/01/15 Council approve the resumption of Section 426

Hundred 105700 (Crown Record 5753/748) back to

the Crown for the sole purpose of rededication to

conservation purposes. With the land being

dedicated back to Council with the new

appropriately dedicated purpose. see 214/12

21/01/14 Council 9 Riverview Road & Nairne Road intersection Consider retention of rumble strips, request DPTI to give high priority to upgrade Deb Richardson Matt Wittwer Completed 2/06/15 30/09/14 DPTI advised Council in May 2015 that Vehicle

Activated Signals will be installed by end of

December 201521/01/14 Council 14 Lobethal Recreation Ground Sports Club

Proposal

Confidential item - as per minute Terry Crackett Lachlan Miller In Progress 20/05/15 31/07/15 Proposal fundamentals have changed. Further

liaison with LGRSC required to clarify options.

13/05/14 SPDPC 29 Avenue of Trees - William Street, Birdwood 1. Support the replacement or pruning of Claret Ash trees over a two year period where the Arborist

Report indicates that such work is required;

2. Residents of William Street be advised of Council’s decision and the likely start date for

maintenance work/tree removal

Deb Richardson Chris Klei In progress 2/06/15 30/06/16 First stage completed in August 2014.

Commencing second stage of tree removal, pruning

and planting in late June 2015, to be completed in

September 2015. Letters to residents being hand

delivered from 9 June 2015.

13/05/14 SPDPC 30 Adelaide Hills Trails Network Strategy 1. The Adelaide Hills 20 Year Trail Network Strategy & Action Plan be adopted;

2. An implementation plan be prepared by staff in 2014 to inform spending priorities for consideration

in future budgets

Deb Richardson Matt Wittwer Not Started 22/04/15 1/01/15 Implementation of the Strategy has commenced, a

more detailed implementation plan is still required

as per this resolution. This process can be

expedited by the employment of a Recreation and

Open Space Coordinator.

ADELAIDE HILLS COUNCIL - ACTION LIST

http://teams.ahc.sa.gov.au/ea/AHC Action List/AHC Action List Page 1

Date Meeting Res

No.


Director


Update

Estimated

Completion

Date

Comment


27/05/14 Council 95 William St Birdwood Street Furniture, plaque That Council, as a consequence of the SPDPC resolution No 29 dated 13 May 2014, approves:

1. The construction of a piece of street furniture and installation in William Street Birdwood, in the

vicinity of where the trees will be removed, provided suitable timber is available from those trees.

2. The erection of a plaque acknowledging the residents who donated funds to plant the initial avenue.

3. Place a memorial with names in the Birdwood Institute in consultation with the Friends of the

Birdwood Institute.

4. Suitable timber to be made available to the Friends of the Birdwood Institute (FBI) to enable the

Committee to make some small wood pieces (e.g. bowls) to display in the Institute. 5. The CEO

investigate a source of funds for the projects.

1 and 2 to be undertaken in consultation with the community.

Deb Richardson Chris Klei In Progress 4/11/14 30/06/16

27/05/14 Council 104 Paddock Trees That the CEO instructs staff to have discussions with Ms Joan Gibbs, Chair of Mid Torrens Catchment

Group, regarding her presentation to Council and that Council be advised of the outcomes of these

discussions

Deb Richardson Renae Eden In Progress 5/05/15 Council's biodiversity program is focussed on

Council and community land not private property.

Natural Resources officer is working with Ms Gibbs

to coordinate a submission for NRM funding.

10/06/14 SPDPC 38 Communication Plan That the Strategic Planning & Development Policy Committee resolves to adopt the Communication

Plan as shown in Appendix 1 and the plan be reviewed within 12 months.

Andrew Aitken Andrew Aitken In Progress 15/07/14 30/06/15 Revised Plan to be considered at the August 2015

SPDPC.

26/08/14 Council 185 Lobethal Recreation Ground Sports Club

Proposal

Staff to write to the Development Assessment Commission and advise accordingly when DA

submitted.

Marc Salver Deryn Atkinson In Progress 10/04/15 28/04/15 No development application has been lodged at this

stage. Information received from Surveyor which

may result in application not being able to proceed.

Matter will need to be reported back to Council in

the near future.

9/09/14 Special

Council

190 Carripook Reserve, Bridgewater Install new fencing on the frontage of Carripook Reserve with Mt Barker Road and install gates at the

existing entrances.

Existing dog access arrangements retained at Carripook Reserve, Bridgewater

Marc Salver John McArthur In Progress 15/06/15 30/06/15 Works currently underway. Estimated completion

by 30 June 2015.

23/09/14 Council 199 MON Review of Tree Management Policy That the scheduled October 2014 review of The Tree Management Policy includes broadening

the scope of community consultation required for “established avenues” and “notable

plantations” as defined in that Policy.

Andrew Aitken Deb Richardson Completed 21/07/15 Policy workshopped and to Council 28 July 2015

14/10/14 SPDPC 61 Festivals and Events Policy 1. That the review of the Festivals and Events Policy be commenced and a report bought back to

Council for consideration within six (6) months.

2. That if an event or festival application is submitted during the review period, that it be considered

under the current Festivals and Events Policy.

David Waters David Waters In Progress 19/05/15 31/08/15

28/10/14 Council 222 Weed Control in the Council Area That Council instructs that the CEO delegate the appropriate staff to determine the cost benefit

analysis of steam appliances to be used for weed control in our council area. Alternatively if the NRM

Board is fully responsible for the spraying, negotiating with NRM to introduce steam based weed

control as part of an integrated pest management program.

Deb Richardson Chris Janssan In Progress 31/03/15 22/09/15 Council information report to be drafted.

28/10/14 Council 229 Tree Management Program A report be prepared by March 2015 to provide an update on tree management including the review of

the Tree Management Policy

Deb Richardson Deb Richardson In Progress 22/04/15 24/05/15 Report prepared for June 2015

28/10/14 Council 228 Revocation of Community Land Status -

Summertown Institute 1102 Greenhill Road

Summertown

To approve the submission of a report to the Minister seeking the revocation of the community land

status of the land and buildings at 1102 Greenhill Road, Summertown, Certificate of Title Volume 6110

Folio 303

Terry Crackett Peter Matushik In Progress 15/07/15 30/11/14

28/10/14 Council 232 Amy Gillett Bikeway Extension - Response from

Minister

1. That Council receives and notes the response from the Minister for Transport & Infrastructure

2. That the CEO apply for funding from the Planning & Development fund in order to progress the next

stage of the Amy Gillett Bikeway between Mount Torrens and Birdwood in collaboration with the

Department for Planning, Transport & Infrastructure

Marc Salver Marc Salver In Progress 10/04/15 1/08/15 Next round of grants will be announced in mid 2015

at which time an application will be prepared. A

meeting with DPTI is to be held later this month to

discuss development on their land.

9/12/14 Council 279 Review of Selection Criteria & EOI - CDAP

Independent Members

Commence EOI process. Mayor, Cr Loveday & Vonow to be on selection panel Marc Salver Marc Salver Completed 10/04/15 28/04/15 Selection Panel has interviewed the candidates

and made a recommendation which will be

reported to Council at its 28 April meeting.

27/01/15 Council 6 Review of CWMS Operations 1. That the report be received and noted

2. To approve the call for tenders seeking expressions of interest for the operation, maintenance

and/or ownership of Council’s CWMS assets

3. That subject to the approval of the call for tenders, a further report be presented to Council on the

outcome of the tender process not later than 31 May 2015

Marc Salver John McArthur In Progress 15/06/15 31/08/15 Expression of Interest documentation being

finalised. Document to be released to market in

coming weeks. Submissions to be evaluated and

further report to Council to be provided.

24/02/15 Council 31 MWN Traffic & Parking Control Garrod

Crescent Stirling

That staff prepare a report to be returned no later than the April Council meeting, on both short

term and longer term Engineering and Traffic Control options for Garrod Crescent in response

to the petition received at Agenda Item 9.1.1.

Deb Richardson Mark Buckerfield Completed 22/04/15 28/04/15 Report provided in May 2015

24/02/15 Council 32 MWN Dog Registration Fees That the CEO provides a report to Council on fees charged for racing greyhound dogs, business dogs

and equitable percentage increase in fees by 31 August 2015.

Marc Salver John McArthur Not Started 15/06/15 31/08/15 Report to Council by August 2015.

24/03/15 Council 45 August Street Birdwood Traffic Management That a further traffic study be undertaken in February 2016 and that a report be provided at a

subsequent meeting

Deb Richardson Mark Buckerfield In Progress 24/03/16 Further Traffic Study required in March 2016

24/03/15 Council 47 Federal Government Trans Pacific

Partnership

2. That Council endorses the District Council of Mt Barker resolution of 2 March 2015 and writes

to the LGA indicating our support of their resolution in this regard.

3. That Council requests the LGA to keep Councils informed of developments in relation to the

Trans Pacific Partnership

Marc Salver Mike Flehr Completed 10/04/15 17/04/15 Letters sent

24/03/15 Council 55 Lease Fees on Burial Plots - Distinguished

Service Medal Recipients

That the CEO report on the feasibility of waiving the lease fee on burial plots in Council owned and

managed cemeteries for those people who have received the distinguished services medals: the

Victoria Cross, Conspicuous Gallantry Cross and the Royal Red Cross as part of commemorating 100

years since the Gallipoli campaign

David Waters Rebecca Shepherd In Progress 19/05/15 30/09/15 Investigation underway to ascertain how many such

graves we have.


Date Meeting Res

No.


Director


Update

Estimated

Completion

Date

Comment


24/03/15 Council 57 Confidential Item - Morella Grove As per minute Deb Richardson Matt Wittwer In Progress 24/03/15 23/06/16 Negotiations to take place.

14/04/15 SPDPC 11 Springhead Road Kerbing That SPDPC endorses the solution to the kerbing issue in front of the proposed 47 allotment

subdivision on Springhead Road Mount Torrens which is as follows:

1. The removal of the existing kerbing to the north of the proposed subdivision entrance and any

reinstated kerbing at the developer’s cost to align with the existing kerbing (noting that the two prunus

street trees will need to be removed as a result).

2. The retention of the southern portion of the existing kerbing to the south of the proposed new

entrance and that on street parking be provided on the high-side of the kerbing and appropriately

demarcated to distinguish between the footpath and the car parking areas.

3. The creation of a footpath along the front of the proposed subdivision.

Marc Salver Mark Buckerfield In Progress 30/07/15 Awaiting final engineering drawings to be provided

and approved prior to the Developers contractor

commencing works. It is strongly recommended

that the footpath is not installed until the majority of

houses have been constructed along this section of

road to prevent damage to the footpath during the

house constructions.

42108 Special

Council

63 AHBTC Masterplan Actions Budget Request That Council:

Allocates $70,000 from the 2014/15 capital budget for the following:

a) Engage a consultant to identify priorities and costs for the infrastructure works including

separation of services, roadway replacement, re-construction of the creek retaining wall, repair

of the chimney and heritage wall. Estimated value $15,000.

b) Engage a consultant to undertake soil testing to establish the extent and possible

remediation costs of contamination around the underground tank on the southern side.

Estimated value $25,000.

c) Investigate the sale of the commercial and warehouse areas of the site including a

community title option. Estimated value $20,000.

d) Engage a heritage advisor/historian to assist in the display, interpretation and possible

relocation of museum to the northern side of the public use area including developing a

working relationship with the National Wool Museum, Geelong, and strengthening relationships

with SA History. Estimated value $10,000.

Terry Crackett Paul Francis Completed 15/07/15

28/04/15 Council 68 Council member email accounts 2. A workshop be held to identify the concerns of elected members

3. the CEO prepare a suitable policy considering the Ombudsman’s recommendations and associated

guidelines to consider at a future SPDPC meeting

Terry Crackett Lachlan Miller In Progress 20/05/15 31/07/15 Workshop held on 20/5/15. Policy to be

workshopped on 5/8/15 and a draft Policy to

SPDPC on 8/9/15

28/04/15 Council 75 Stirling Market Business Use Permit 2. A Business Use Permit under Section 222 of the Local Government Act 1999 be issued to Stirling

Market Inc. for a five year period to use a portion of Druid Avenue Stirling and the service lane

between Martha Street and Mt Barker Road, for monthly markets subject to staff addressing the

following matters via additional conditions in the Permit .......As per minute

Marc Salver John McArthur In Progress 15/06/15 31/07/15 Permit being finalised for issuing to Stirling Market.

28/04/15 Council 77 Review of CDAP Sitting Fees 2. The sitting fees paid to Independent members of the Development Assessment Panel remain

unchanged as follows:

• Independent Presiding Member $500 (Excl. GST) per meeting

• Independent Ordinary Members $380 (Excl. GST) per meeting

3. The Development Assessment Panel sitting fees be reviewed prior to advertising for

independent members of CDAP in early 2017

Marc Salver Marc Salver Completed

26/05/15 Council 111 Event Opportunity - Confidential Item As per minute David Waters Ebony Priest Completed 20/07/15 Stirling will host a stage finish for Tour Down

Under 201626/05/15 Council 93 Refugee Welcome Zone 1. The Council declares the Adelaide Hills Council a Refugee Welcome Zone.

2. The CEO writes to the Refugee Council of Australia to advise of the Council’s decision to declare

the Adelaide Hills Council a Refugee Welcome Zone.

3. The CEO provides a report to the Council outlining possible initiatives that could be implemented to

actively support the Council’s commitment to this declaration.

David Waters David Waters In Progress 22/07/15 31/10/15 Launch and signing event was held at The Summit

Community Centre during Refugee Week in June

2015.

26/05/15 Council 98 Garrod Crescent Stirling Traffic Control 2. To note that the road re-alignment and relocation of parking to the western side on the southern

portion of Garrod Crescent, Stirling will be considered as part of the Garrod Crescent project contained

within the Draft 2015/16 Annual Business Plan.

Deb Richardson Mark Buckerfield In Progress 1/12/15 Subject to resolving the realignment of property

boundaries the works will be completed during

Spring 2015.

26/05/15 Council 104 Economic Development Strategy - consultation 2. That the draft Economic Development Strategy forming Appendix 1 is approved to proceed to the

public consultation phase.

3. To consider the feedback received from the public consultation at a workshop.

Marc Salver Deryn Atkinson In Progress

26/05/15 Council 108 Appointment Ind Members to Bushfire

Advisory Group & Sustainability Advisory

Group - Confidential Item

As per minute Terry Crackett Lachlan Miller Completed

9/06/15 SPDPC 20 Public Consultation Policy 2. To approve the proposed Public Consultation Policy for public consultation in accordance with

s50(6) of the Local Government Act 1999 for a period of one (1) month.

Marc Salver Helen Smith In Progress 15/07/15 Consultation occuring and closes on 23 August

9/06/15 SPDPC 22 Cat Management Policy 2. That the Cat Management Policy not be changed at this stage.

3. That a report be provided to SPDPC at the August 2015 meeting outlining the implications of

implementing the provisions of the Local Government Association template Cat by-law.

4. A comprehensive review of the Cat Management Policy be undertaken subject to the outcomes of

the review, development and adoption of the 2017 – 2022 Animal Management Plan and legislative

changes to the Dog and Cat Management Act 1995.

Marc Salver John McArthur In Progress 15/07/15 30/07/15 Report to be provided to SPDPC at the 11 August

meeting

9/06/15 SPDPC 23 Development Applications Involving

Regulated Trees Policy 2. With an effective date of 23 June 2015, to revoke the 8 July 2014 Development Applications

Involving Regulated Trees – Procedures and Delegations Policy and adopt the draft June 2015

Development Applications Involving Regulated Trees – Procedures and Delegations Policy.

Marc Salver Vanessa Nixon Completed 15/07/15 Adopted Policy is now in operation and on

Council's Website

9/06/15 SPDPC 24 Extension of time for the Townships and Urban

Areas DPA

That the Strategic Planning & Development Policy Committee resolves to support a further extension

of time of 12 months request being submitted to DPTI for the finalisation of the Townships and Urban

Areas DPA and delegate the CEO to consult with DPTI staff on the review of the timeframes for the

DPA.

Marc Salver Mike Flehr In Progress 15/07/15 14/08/15 Time extension granted by DPTI. Peer review as

requested by DPTI is underway.

23/06/15 Council 69 Adoption of Annual Business Plan Budget &

Rates

As per minute Terry Crackett Terry Crackett Completed


Date Meeting Res

No.


Director


Update

Estimated

Completion

Date

Comment


23/06/15 Council 70 Fees & Charges To adopt the 2015/16 Fees & Charges included at Appendix 1 to apply on and from 1 July 2015 Terry Crackett Terry Crackett Completed

23/06/15 Council 71 Amendments to Dog & Cat Management Act 2. That Appendix 1 forms the basis of a submission to be provided to the State Government on

proposed changes to the Dog and Cat Management Act 1995 and the Citizens’ Jury. 3. That

within 12 months of any amendments to the Dog and Cat Management Act 1995 coming into

effect, a review be completed on the impact and implications of the changes to Council

Marc Salver Marc Le Brun Completed 17/07/15 Submission sent to Dog and Cat Management

Board with reccomendations

23/06/15 Council 72 AHBTC Masterplan & Lobethal Mill CMP 1. That the draft AHBTC Masterplan report be received and noted.2. That the draft Lobethal

Woollen Mill, Lobethal (fmr) Conservation Management Plan report be received and noted.3.

That the draft AHBTC Masterplan be approved

Marc Salver Sharon Leith Completed 15/07/15 Master Plan adopted and actions arising from

the plan will be implemented in the coming

months. Heritage Agreement to be completed in

the coming months as well.23/06/15 Council 73 Support for Road Closures Classic Adelaide 2. That the Mt Lofty stage finishes 250m east of Yanagin Road Greenhill 3. That Council

provides consent for road closure orders as detailed in the 23 June 2015 agenda report in

relation to the Classic Adelaide Rally, to be held on Friday 16 and Saturday 17 October, 2015

David Waters Ebony Priest Completed 20/07/15 23/06/15 Organiser is aware of the Council's decision.

23/06/15 Councl 74 Community Strategy Adoption 2. That the Community Strategy, as presented in Appendix 1, be adopted. Marc Salver Helen Smith Completed 15/07/15 23/06/15 Strategy adopted

23/06/15 Council 75 AHC revised Logo 2. That the logo, and colour specification for the logo, as presented in Appendix 1, be adopted

as the Council’s official logo

David Waters Allison Kane Completed 20/07/15 23/06/15 Rollout plan developed. Phased rollout to occur

over time.

23/06/15 Council 76 FAGS Advocacy Campaign 2. That Council acknowledges the importance of federal funding through the Financial

Assistance Grants program for the continued delivery of council services and infrastructure 3.

To acknowledge that Council received $1.53 million in 2014/15 and is forecast to receive $1.526

million in 2015/16 4. To ensure that this federal funding, and other funding provided by the

Federal Government under relevant grant programs, is appropriately identified as

Commonwealth grant funding in council publications, including annual reports

Andrew Aitken Andrew Aitken Completed Letter sent to ALGA and to be included in

publications

23/06/15 Council 77 Delegations Review As per minute Terry Crackett Lachlan Miller Completed

23/06/15 Council 78 Register of Confidential Items As per minute Terry Crackett Lachlan Miller Completed

14/07/15 SPDPC 26 Directional Signage Policy Workshop and refer back to Council or SPDPC in September 2015 Deb Richardson Mark Buckerfield

14/07/15 SPDPC 27 Street Lighting Policy With an effective date of 28 July 2015, to revoke the 18 November 2003 Street Lighting Policy and to

adopt the draft July 2015 Street Lighting Policy

Deb Richardson Kylie Hopkins In Progress 21/07/15 28/07/15

14/07/15 SPDPC 29 Building & Swimming Pool Inspection Policy With an effective date of 28 July 2015, to revoke the May 2014 Building and Swimming Pool

Inspection Policy and adopt the draft July 2015 Building and Swimming Pool Inspection Policy

Marc Salver Kylie Hopkins In Progress 21/07/15 28/07/15

14/07/15 SPDPC 30 Provision of Physical Models or other Visual

Representation Tools for Major

Development Proposals which require

Public Notification Policy

With an effective date of 28 July 2015, to revoke the August 2012 Policy for Provision of Physical

Models or other Visual Representation Tools for Major Development Proposals which require Public

Notification and adopt the revised Policy for Provision of Physical Models or other Visual

Representation Tools for Major Development Proposals which require Public Notification

Marc Salver Kylie Hopkins In Progress 21/07/15 28/07/15

14/07/15 SPDPC 31 Tributes for Commemorative Services With an effective date of 1 August 2015, to revoke the 4 December 2007 Floral Tributes for Memorial

Ceremonies Support (ANZAC Day) Policy and adopt the draft Tributes for Commemorative Services

Policy

David Waters Kylie Hopkins In Progress 21/07/15 1/08/15

14/07/15 SPDPC 32 Flags Policy With an effective date of 28 July 2015, to adopt the Flags Policy David Waters Kylie Hopkins In Progress 21/07/15 28/07/15

14/07/15 SPDPC 33 MWON - Harvesting of Pine Trees The CEO to provide a report to Council or SPDPC by 30 September 2015, after seeking advice from

the Cemetery Advisory Group on:

1. The potential to harvest pine trees from the Council cemeteries located at Mount Torrens and

Cromer, the investigation to include consideration of harvesting pine trees at the Birdwood High

School, Birdwood Park and Sports Association and Springhead Cemetery which may contribute to

making the project viable.

2. In relation to the Council owned properties, the potential to revegetate the cleared sites

Deb Richardson Chris Janssan

23/06/16 Council 79 Tree Management Report That the report be received. Deb Richardson Deb Richardson Completed Report received.



Tuesday 28 July 2015 CONFIDENTIAL AGENDA BUSINESS ITEM

Item: 18.1 Originating Officer: Lachlan Miller, Manager Governance & Risk Responsible Director: Terry Crackett, Director Corporate Services Subject: Appointment of an Independent Member to the

Adelaide Hills Business and Tourism Centre Advisory Group

1. Appointment of Independent Members to the Adelaide Hills Business and Tourism Centre Advisory Group – Exclusion of the Public

Pursuant to Section 90(2) of the Local Government Act 1999 the Council orders that all members of the public, with the exception of appropriate Council staff:

CEO, Andrew Aitken

A/Director Strategy & Development, Deryn Atkinson

Director Corporate Services, Terry Crackett

Director Engineering & Assets, Deb Richardson

Director Community & Customer Service, David Waters

Manager Governance & Risk, Lachlan Miller

Minute Secretary, Pam Williams be excluded from attendance at the meeting for Agenda Item 18.1 (Appointment of an Independent Members to the Adelaide Hills Business and Tourism Centre Advisory Group). The Council is satisfied that, pursuant to section 90(3)(a) of the Act, the information to be received, discussed or considered in relation to the Agenda Item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead), because it would disclose the personal details of candidates who have expressed an interest to be on the Adelaide Hills Business and Tourism Centre Advisory Group. The Council is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed in the circumstances because consideration of the item in a public forum would unreasonably disclose the personal details of candidates who have expressed an interest to be on the Adelaide Hills Business and Tourism Centre Advisory Group.

Adelaide Hills Council Meeting 28 July 2015 - CONFIDENTIAL Appointment of an Independent Member to the Adelaide Hills Business and Tourism Centre Advisory Group

8. Appointment of Independent Members to the Adelaide Hills Business and Tourism Centre Advisory Group – Period of Confidentiality

That having considered Agenda Item 18.1 (Appointment of an Independent Members to the Adelaide Hills Business and Tourism Centre Advisory Group) in confidence under section 90(2) and 90 (3)(a) of the Local Government Act 1999, the Council, pursuant to section 91(7)(b) of that Act, orders that the documents, reports and minutes pertaining to this matter be retained in confidence until the appointment has been confirmed with the applicants, but not longer than 6 months.

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