Shire of Exmouth...In the Mandu Mandu Function Room, Ningaloo Centre, 2Truscott Crescent, Exmouth...

Shire of Exmouth

ORDINARY COUNCIL MEETING

AGENDA

28 November 2019

Shire of Exmouth PO Box 21, Exmouth WA 6707 www.exmouth.wa.gov.au

Ordinary Council Meeting Agenda – 28 November 2019

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NOTICE OF MEETING

Notice is hereby given that the

Shire of Exmouth Ordinary Council Meeting

will be held on 28 November 2018

Commencing at 4.00pm In the Mandu Mandu Function Room, Ningaloo Centre,

2Truscott Crescent, Exmouth

Cameron Woods Chief Executive Officer

Disclaimer The advice and information contained herein is given by and to the Council without liability or responsibility for its accuracy.

Before placing any reliance on this advice or information, a written inquiry should be made to the Council giving entire reasons

for seeking the advice or information and how it is proposed to be used.

Please note this agenda contains recommendations which have not yet been adopted by Council.

No responsibility whatsoever is implied or accepted by the Shire of Exmouth for any act, omission, statement or intimation

occurring during the Council/Committee meetings or during formal/informal conversations with staff. The Shire of Exmouth

disclaims any liability for any loss whatsoever and however caused arising out of reliance by any person or legal entity on any

such act, omission, statement or intimation. Any person or legal entity who acts or fails to act in reliance upon any statement

does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broader disclaimer above, in any discussion regarding any planning

application or application for a licence, any statement or limitation of approval made by a member or officer of the Shire of

Exmouth during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Exmouth.

The Shire of Exmouth warns that anyone who has an application lodged with the Shire of Exmouth must obtain and should only

rely on written confirmation of the outcome of the application, and any conditions attached to the decision made by the Shire of

Exmouth in respect of the application.


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Shire of Exmouth PO Box 21, EXMOUTH WA 6707 | Tel: (08) 9949 3000 | Fax: (08) 9949 3000

Email: [email protected] | Website: www.exmouth.wa.gov.au

Disclosure of Interest Form (Elected Members/Committee Members/Employees/Contractors)

Local Government Act 1995 (Section 5.65, 5.70 & 5.71)

To: Chief Executive Officer

Ordinary Council Meeting held on

Special Council Meeting held on

Committee Meeting held on

Other

Report No

Report Title

Name

Elected Member

Committee

Employee

Contractor

Type of Interest (*see overleaf for further information)

Proximity Financial Impartiality

Nature of Interest

Extent of Interest (if intending to seek Council approval to be involved with debate and/or vote)

Name: Signed: Date: __________________

Note 1: For Ordinary meetings of Council, elected members and employees are requested to submit this

completed form to the Chief Executive Officer prior to the meeting. Where this is not practicable, disclosure(s) must

be given to the Chief Executive Officer prior to the matter being discussed.

Note 2: Employees or Contractors disclosing an interest in any matter apart from at meetings, where there is a

conflict of interest including disclosures required by s5.71 are required to submit this form to the CEO as soon as

practicable.

OFFICE USE ONLY

CEO: Signed: Date:

mailto:[email protected]

http://www.exmouth.wa.gov.au/


* Declaring an Interest

PROXIMITY FINANCIAL IMPARTIALITY

Applicant’s property shares common

boundary or is directly opposite member’s

property

Matter will result in financial gain,

loss, benefit or detriment to member or close associate

Applicant is members relative

employer or business partner, friend or

adversary

Prior ministerial approval obtained?

Trivial, insignificant or

in common with a

significant number of

ratepayers?

Prior

ministerial approval

obtained?

Disclosure is at the member’s discretion

YES NO NO YES NO

STAY debate

and vote

LEAVE the

room

LEAVE the

room

STAY debate

and vote

LEAVE the

room

STAY debate

and vote

Local Government Act 1995 - Extract 5.65 - Members’ interests in matters to be discussed at meetings to be disclosed. (1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest:

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. (Penalties apply).

(2) It is a defence to a prosecution under this section if the member proves that he or she did not know: (a) that he or she had an interest in the matter; or (b) that the matter in which he or she had an interest would be discussed at the meeting.

(3)This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f). 5.70 - Employees to disclose interests relating to advice or reports. (1) In this section: ‘employee’ includes a person who, under a contract for services with the local government, provides advice or a report on a matter. (2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report. (3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest. (Penalties apply). 5.71 - Employees to disclose interests relating to delegated functions.

If, under Division 4, an employee has been delegated a power or duty relating to a matter and the employee has an interest in the matter, the employee must not exercise the power or discharge the duty and:

(a) in the case of the CEO, must disclose to the mayor or president the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter; and (b) in the case of any other employee, must disclose to the CEO the nature of the interest as soon as practicable after becoming aware that he or she has the interest in the matter. (Penalties apply)

‘Local Government (Administration) Regulations 1996 – Extract

In this clause and in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996: “Interest” means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest nd includes an interest arising from kinship, friendship or membership of an association.


INDEX OF AGENDA 1. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS ............................................ 6

2. RECORD OF ATTENDANCE, APOLOGIES AND APPROVED LEAVE OF ABSENCE ......................... 6

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............................................. 7

4. PUBLIC QUESTIONS TIME .................................................................................................................... 7

5. DECLARATIONS OF INTEREST ............................................................................................................ 7

6. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................................................. 7

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ....................................................................... 7

8. ANNOUNCEMENTS/REPORTS OF ELECTED MEMBERS ........................................................................... 8

9. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .......................................... 8

10. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS ............................................................... 8

11. MATTERS ARISING FROM COMMITEES OF COUNCIL ............................................................................. 9

11.1 AUDITED FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE 2019 .................................................. 9

11.2 RISK FRAMEWORK ...................................................................................................................................... 11

12. REPORTS OF OFFICERS ............................................................................................................................... 13

12.1.1 RESCIND COUNCIL POLICIES 6.10 - LANDSCAPING AND 6.15 – CONSTRUCTION OF SHED/BARN

STYLE DWELLINGS AND AMEND POLICY 6.2 – COLOUR PALETTE FOR DEVELOPMENTS ................... 13

12.2.1 AMNESTY FOR RESIDENTIAL PROPERTIES – QUALING SCARP WASTE SITE .............................................. 17

12.2.2 FINAL DECISION FOR THE PROPOSED PERMANENT CLOSURE OF NINGALOO ROAD (LOCAL

DISTRIBUTER ROAD) AND, AS AMENDED, CREATE AN EASEMENT ............................................................... 19

12.2.3 FINAL DECISION FOR THE PROPOSED PERMANENT CLOSURE OF PACE RETREAT (LOCAL ROAD)

AND, AS AMENDED, CREATE AN EASEMENT .............................................................................................................. 27

12.3.1 NINGALOO VISITOR CENTRE FEES & CHARGES ......................................................................................................... 36

12.3.2 MASTER PLANS FOR EXMOUTH LIGHT AIRCRAFT STRIP AND LEARMONTH AIRPORT ...................... 39

12.3.3 REGIONAL AIRPORT SECURITY SCREENING FUND (RASSF) - FULL BODY SCANNING EQUIPMENT

PURCHASE FOR LEARMONTH AIRPORT ......................................................................................................................... 43

12.4.1 FINANCIAL STATEMENTS FOR PERIOD ENDING 31 OCTOBER 2019 .............................................................. 47

12.4.2 LIST OF ACCOUNTS FOR PERIOD ENDING 31 OCTOBER 2019 ........................................................................... 49

12.5.1 ITEMS FOR INFORMATION ONLY ....................................................................................................................................... 51

14. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................ 54

15. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ...................... 54

16. MATTERS TO BE CONSIDERED BEHIND CLOSED DOORS ..................................................................... 54

17. CLOSURE OF MEETING ............................................................................................................................... 54


AGENDA

Our Vision To be a prosperous and sustainable community living in harmony

with our natural environment.

Our Purpose

To responsibly provide governance for the whole community in the

best interest of current and future generations.

Our Strategic

Objectives

• Diversify and grow our economy in a manner that provides year

round employment opportunities

• To protect and value our unique natural and built environment

as we grow our economy.

• To be a vibrant, passionate and safe community valuing our

natural environment and unique heritage

• To provide open transparent, accountable leadership working in

collaboration with our community.

1. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS

The Shire President declared the meeting open at

The Shire President acknowledged the aboriginal people both past and present, as the

traditional custodians of the land on which we meet.

The Shire President advised the gallery in adhering to both the Local Government Act 1995,

and the Shire of Exmouth Meeting Procedures Local Law 2015, it is an offense to record the

proceedings of this meeting and asked the gallery to switch off any recording devices,

including phones.

He advised the gallery the meeting will be recorded by the Executive Secretary for the

purpose of compiling an accurate record of the minutes only; and the recording will be

erased once they are confirmed.

2. RECORD OF ATTENDANCE, APOLOGIES AND APPROVED LEAVE OF

ABSENCE

Councillor M (Matthew) Niikkula Shire President

Councillor B (Ben) Dixon Deputy Shire President

Councillor G (Gary) Mounsey

Councillor H (Heather) Lake

Councillor M (Mark) Lucas

Councillor A (Anne) McCarrol

Mr C Woods Chief Executive Officer

Mr M Bird Executive Manger Commercial and Community

Mr G Coetzee Executive Manager Corporate Services

Mr M Richardson Executive Manager Development Services

Ms M Head Minute Clerk


GALLERY

APOLOGIES

LEAVE OF ABSENCE

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil

4. PUBLIC QUESTIONS TIME In accordance with section 5.24 of the Local Government Act 1995, a 15 minute public

question time is made available to allow members of the public the opportunity of

questioning Council on matters concerning them.

Council Consideration Towards Public

When public questions necessitate resolutions of Council, out of courtesy and at the

President discretion the matter is to be dealt with immediately to allow the public to

observe the determination of the matter (obviates the need for the public to wait an

undetermined period of time).

When a matter is listed on the Agenda and member/s of the public are in attendance to

observe the determination of the matter, out of courtesy and at the discretion of the

President the matter is to be brought forward on the agenda and dealt with immediately

to allow the public to observe the determination of the matter (again this obviates the need

for the public to wait an indeterminate period of time).

5. DECLARATIONS OF INTEREST

6. APPLICATIONS FOR LEAVE OF ABSENCE The Local Government Act 1995 (Section 2.25) provides that a Council may, by resolution,

grant leave of absence to a member for Ordinary Council Meetings. A member who is

absent, without first obtaining leave of the Council, throughout three consecutive Ordinary

meetings of the Council is disqualified from continuing his or her membership of the

Council.

Disqualification from membership of the Council for failure to attend Ordinary Meetings of

the Council will be avoided so long as the Council grants leave prior to the member being

absent. The leave cannot be granted retrospectively. An apology for non-attendance at a

meeting is not an application for leave of absence.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS That the Minutes and associated attachments of the Ordinary Meeting of the Shire of

Exmouth held on the 24 October 2019 be confirmed as a true and correct record of

proceedings.


8. ANNOUNCEMENTS/REPORTS OF ELECTED MEMBERS

9. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT

DISCUSSION

10. PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS Nil


11. MATTERS ARISING FROM COMMITEES OF COUNCIL

11.1 AUDITED FINANCIAL REPORT FOR THE YEAR ENDED 30 JUNE 2019

File Reference: FM.FI.1

Responsible Officer: Executive Manager Corporate Services

Date of Report: 28 November 2019

Applicant/Proponent: Nil

Disclosure of Interest: Nil

Attachment(s): 1. Financial Report for the Year Ended 30 June 2019

2. Audit Opinion for the Year Ended 30 June 2019

PURPOSE

To receive the 2018/19 Audited Financial Report and Management Report issued by Council’s

auditors, Office of the Auditor General for recommendation to the Council.

BACKGROUND

Following receipt of the audit report for the year ended 30 June 2019, the Audit Committee is

required to consider any compliance issues raised in the Independent Audit Report and recommend

they be accepted by Council.

Office of Auditor General, Council Auditors have completed their audit for the financial year ending

30 June 2019 and the Independent Audit Opinion is attached.

COMMENT

The Independent Audit Report highlighted some instances of concern which was raised in the

interim audit and identified two financial ratios with an adverse trend which will continue to be

monitored going forward.

CONSULTATION

Office of Auditor General

STATUTORY ENVIRONMENT

Local Government Act 1995 S6.4(3) & 5.54(1)

POLICY IMPLICATIONS

NIL

FINANCIAL IMPLICATIONS

NIL


STRATEGIC IMPLICATIONS

This item is relevant to the Councils approved Strategic Community Plan 2030 and Corporate

Business Plan 2018-2022

Leadership: To provide open transparent, accountable leadership working in collaboration

with our community.

4.1 To provide proactive, collaborative and transparent leadership

4.2 A local government that is respected and accountable.

4.3 To be a champion for our community

VOTING REQUIREMENTS

Simple Majority

OFFICER’S RECOMMENDATION ITEM 11.1

That the Audit Committee recommends to Council that it:

1. Receives the 2018/19 Annual Financial Report.

2. Receives the Audit Opinion for the Year Ended 30 June 2019.

AUDIT COMMITTEE RECOMMENDATION ITEM 11.1

That the Audit Committee recommends to Council that it:

1. Receives the 2018/19 Annual Financial Report.

2. Receives the Audit Opinion for the Year Ended 30 June 2019.


11.2 RISK FRAMEWORK






Attachment(s): 1. Risk Management Framework

PURPOSE

To endorse the Risk Management Framework.

BACKGROUND

Regulation 17 of the Local Government (Audit) Regulation 1996, requires the CEO to review the

appropriateness and effectiveness of a local governments systems and procedures in relation to risk

management, internal control and legislative compliance. This review is to be performed not less

than once in every 3 financial years.

The Shire engaged Moore Stephens to perform the review and issued their findings in December

2018.

Following receipt of the review of Risk Management, Legislative Compliance and Internal Controls,

it has been recommended that the Risk Management Procedures needed to be reviewed. These

procedures have been updated with the review’s recommendations within the Risk Management

Framework.

COMMENT

The review of Risk Management, Legislative Compliance and Internal Controls identified the purpose

of risk management procedures as: Procedures and practices to set out a uniform approach to the

identification, assessment, management, reporting and monitoring of risks.

Matters that was identified were:

1. Risk management procedures are based on a superseded risk management standard

2. Risk assessment and acceptance criteria within the Policy are not dependent on the context

of the risk assessment being undertaken.

3. Risk management procedures are not actively followed across the organisation with risk

management activities currently undertaken being largely undocumented.

The recommended improvements were:

1. Risk management procedures and process require review and updating in accordance with

the latest Risk Management Standard (ISO 31000:2018)

2. Modification of the risk assessment and acceptance criteria within the Risk Management

Procedures will assist in the rating of risks, relevant to the context of the assessment. This


would involve use of percentages rather than absolute values when assessing the potential

consequences of identified risks and avoid any need to redefine the risk assessment

framework for different risk assessment contexts.

3. Implement risk management procedures throughout the organisation.

The attached Risk Management Framework is an updated set of procedures, governance

arrangements and structure, that show how risks are being managed.

CONSULTATION

Moore Stephens

LGISWA


Local Government Act 1995

Local Government (Audit) Regulations 1996

POLICY IMPLICATIONS

NIL


Nil





with our community.




VOTING REQUIREMENTS

Simple Majority

OFFICER’S RECOMMENDATION ITEM 11.2

That the Audit Committee endorses the Risk Management Framework.

AUDIT COMMITEE RECOMMENDATION ITEM 11.2

That the Audit Committee endorses the Risk Management Framework


12. REPORTS OF OFFICERS

EXECUTIVE SERVICES

12.1.1 RESCIND COUNCIL POLICIES 6.10 - LANDSCAPING AND 6.15 – CONSTRUCTION

OF SHED/BARN STYLE DWELLINGS AND AMEND POLICY 6.2 – COLOUR PALETTE

FOR DEVELOPMENTS

File Reference: CM.PO.07

Reporting Officer: Senior Town Planner

Responsible Officer: Chief Executive Officer




Attachment(s): 1. Amended Policy 6.2 – Colour Palette for Developments.

PURPOSE

That Council approve to rescind two (2) council policy that have subsequently been superseded by

the provisions pursuant to Local Planning Scheme No.4 and have become superfluous.

BACKGROUND

At the 22 November 2018 Council passed the following resolution.

COUNCIL RESOLUTION ITEM 12.1.1

Res No: 04-1118

MOVED: Cr Mounsey

SECONDED: Cr Lake

That Council adopt the reviewed Council Policy Manual dated 22 November 2018 to

improve the effectiveness of the policy structure.

The former Deputy Chief Executive Officer (DCEO) presented an agenda item involving a

comprehensive review of some engineering policies and planning policies to council at its Ordinary

Council Meeting of 30 May 2019, however, councillors requested a brief and further discussion

around verge/crossovers policies, subsequently council resolved as follows.

Council Resolution: Item: 12.2.2

Res No: 03-0519


AMENDMENT MOVED:

Cr Mounsey

That Council defer agenda item 12.2.2 Annual Council Policy, Development Services Manual

Review until the next Ordinary Council Meeting in June 2019.

SECONDED: Cr Dixon

Subsequently, the DCEO has left the Shire and this report is to deal with three (3) of the planning

items held up on that report.

COMMENT

There are two policies recommended to be rescinded which are detailed below in Table 1 and there

is one (1) existing policy recommended for a minor general legislative updating (see Table 2) which

essentially replaces reference to the former Town Planning Scheme No.3 to the current Local

Planning Scheme No.4 and some general formatting.

The amendment proposed is minor and does not require advertising pursuant to the Regulations

and the two policies for revocation are a result of those provisions being incorporated into the Local

Planning Scheme and as such would not requiring advertising either.

Table 1 – Policies to rescind

6.10 - Landscaping Revoke

Clause 1.3.7 of the Local Planning Strategy recommends strengthening

through incorporation of standards into the Scheme.

Landscaping requirements associated with development within the local

government area have now been incorporated into the new Local Planning

Scheme No.4 (‘the scheme’).

Each zone within ‘the scheme’ area provides guidance and clause 4.23 –

landscaping provides general guidance for landscaping requirements.

This policy is now duplicating requirements and, in any event, ‘the scheme’

is now the highest order document.

6.15 - Construction of

Shed/Barn Style Dwellings

Revoke

The Local Planning Strategy recommended a review of this policy in light of

updated provisions of the R-Codes and to consider inclusion of

development requirements into the scheme.

Design requirements have been incorporated into ‘the scheme’ i.e. Exmouth

Marina Special Use zones and more generally cl.4.13 of ‘the scheme’ deals

with Re-purposed dwellings and second-hand dwellings.

This policy is now effectively outdated and superfluous to operational

requirements.


Table 2 – Policy to update in line with legislative changes

6.2 - Colour Palette for Development A general review and updating of this policy provide a

minor update in accordance with good governance so

as to relate to the correct legislative reference etc.

Pursuant to Schedule 2, Pt.2, cl.5 (2) this minor

amendment does not require advertising.

CONSULTATION

Nil


Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme N0.4

POLICY IMPLICATIONS

Nil


Nil




Economic: Diversify and grow our economy in a manner that provides year-round

employment opportunities

1.1 A diverse and environmentally aware local economy that can attract

business investment and provide employment opportunities

Environment: To protect and value our unique natural and built environment as we grow

our economy.

2.3 Advocate and promote opportunities for the development of

environmentally sustainable essential infrastructure and services

Social: To be a vibrant, passionate and safe community valuing our natural

environment and unique heritage

3.1 Explore opportunities to deliver services and facilities that attract and

retain people living in the Shire.


with our community.


VOTING REQUIREMENTS

Simple Majority


OFFICER’S RECOMMENDATION ITEM 12.1.1

That Council pursuant to the Planning and Development (Local Planning Schemes) Regulations 2015,

Sched.2, Pt.2 cl.5 (2) & cl.6 (a)(ii) RESOLVES to:

a) Approve minor amendments to policy 6.2 – Colour Palette for Developments; and

b) Revoke local planning policies 6.10 – Landscaping and 6.15 - Construction of Shed/Barn Style

dwellings.


DEVELOPMENT SERVICES

12.2.1 AMNESTY FOR RESIDENTIAL PROPERTIES – QUALING SCARP WASTE SITE

File Reference: WM.SP.0

Reporting Officer: Executive Manager Development Services

Responsible Officer: As above

Date of Report: 30 October 2019



Attachment(s): Nil

PURPOSE

That Council approve an amnesty on fees and charges for the waste categories “residential general

waste” and “scrap metal” for two (2) consecutive Saturdays being 7th and 14th December 2019 to

assist residents to prepare for the oncoming cyclone season.

BACKGROUND

The Shire of Exmouth are currently only conducting kerb side green waste removal for residential

properties. This practice allows Council to meet its capital works projects without reallocating labour

and plant from core Council business.

Previously the Chief Executive Officer has authorised the waiving and granting of concessions and

write-offs of debts other than rates to individual not-for-profit organisations and groups such as the

elderly to a maximum of $1000.00.

COMMENT

An amnesty on fees and charges for residential properties will provide a greater compliance with

cyclone preparedness across the town therefore potentially reducing the impact in the event of a

cyclone.

The fees and charges for all non-rateable properties, non-domestic, contractors and commercial

operators are to remain in accordance with the 2019/20 Schedule of Fees and Charges.

All waste oil, steel drums not cleaned and/or lids not removed, tyres, special burials such as asbestos,

batteries, refrigerators, freezers and air conditioners where gas has not been reclaimed for domestic

properties will remain in accordance with the 2019/20 Schedule of Fees and Charges. These waste

items have heavy environmental impacts and are not cost neutral for Council.

CONSULTATION

Nil



Nil

POLICY IMPLICATIONS

Council Policy 2.13 – Risk Management Policy

Council Policy 8.2 – Cyclone Clean-up


Reduction of revenue by waiving of fees and charges for domestic and non-commercial general

waste and scrap metal. General waste fees for domestic and non-commercial is applied when

greater than 1m3, below this is normally free. Council will recycle scrap metal and on-sell to a

commercial operator.





our economy.

2.1 A strong focus on environmental conservation and sustainable

management of our natural environment

2.2 Strive to achieve a balance between the preservation of our unique

environment and the delivery of sustainable economic growth.







3.2 Promote facilities/services that enhance public health and safety.

3.3 Champion self-supporting community clubs and associations.


with our community.




VOTING REQUIREMENTS

Simple Majority


That Council APPROVE an amnesty on fees and charges for the waste categories “residential general

waste” and “scrap metal” for two (2) consecutive Saturdays being 7th and 14th December 2019 to

assist residents to prepare for the oncoming cyclone season.


12.2.2 FINAL DECISION FOR THE PROPOSED PERMANENT CLOSURE OF NINGALOO

ROAD (LOCAL DISTRIBUTER ROAD) AND, AS AMENDED, CREATE AN

EASEMENT

File Reference: RD.RO.0

Reporting Officer: Senior Planning Officer

Responsible Officer: Executive Manager Development Services




Attachment(s): Nil

PURPOSE

For a final council resolution after public advertising of the proposed permanent road closure.

BACKGROUND

At its meeting 25 July 2019 (item 12.2.4), resolution number 06-0719 Council resolved to:

a) Pursuant to the Land Administration Act 1997, Pt.5, Div.1, S.58, initiate the

proposed permanent closure of a Ningaloo Road, Exmouth, amalgamate the closed

road into Lot 173 on deposited plan 220577 (L3114 1093), and advertise the notice

of motion for this resolution in a local newspaper circulating in the district for a

period not less than 35 days.

b) The local government considers any objections made to it within that period

concerning the proposal set out in that notice and a final recommendation be

subsequently be brought before Council for a final resolution recommendation.

COMMENT

Ningaloo Road is an unsealed road with an approximate length of 32 kms and provided access to

the former Ningaloo Station Pastoral arrangement which ceased to exist in 2015. Effectively,

Ningaloo Road ceases some 2.25km from the coast and at its end is replaced by a series of tracks

leading west, north and south.

The initial advertised intent and recommendation to Council was to initiate the proposed permanent

closure of Ningaloo Road and that it be amalgamated in Lot 173 on Deposited Plan 220577 (L3114

1093) known as Ningaloo Pastoral Station. However, as a result of public advertising and further

review, it is noted that Bullara Station may require access to its holdings via Ningaloo Road, noting

also that the road also crosses Bullara Station lease holding.

As mentioned in previous council agenda items it is considered unreasonable for the rate payers of

the Shire of Exmouth to fund on-going maintenance of a road that services one private enterprise

organisation being that of the Ningaloo Homestead pastoral operation. It is also understood that


the Shire does not fund or maintain access arrangements to the pastoral stations of Bullara, Exmouth

Gulf and Giralia Stations.

In consideration of the original proposal, and submissions received, regarding amalgamating

Ningaloo Road, into Ningaloo Station holding (Lot 173 DP220577), it is acknowledged this may

create an access issue for Bullara Station’s holdings, and also may affect the tenure matters

outstanding within the Supreme Court of WA between the State of WA and Ningaloo Station

(Lefroy).

To ameliorate tenure and access matters and with no other viable method of disposal, it is

considered that the best course of action would therefore be to request Ningaloo Road be closed

as a public road (De-gazetted), an ‘Access’ easement be created and that the closed road land parcel

reverts to Unallocated Crown Land. Figure 1 below shows the extent of Ningaloo Road from Minilya-

Exmouth Road to the east through to its conclusion to the west and eastwards of the Ningaloo

Homestead area.

Figure 1 – Extract from MRWA mapping


Figure 2 – Extract from Landgate mapping

Figure 3 – Extract from Local Planning Scheme No.4 mapping

CONSULTATION

The proposal was publicly advertised from 1 August 2019 to 11 September 2019 comprising of

consultation letters sent to utility stakeholders and an advertisement in the Pilbara News. As a

result of the advertising there were three (3) submissions received of, one (1) no-objection, one (1)

concerns and one (1) objection, outlined below in Table 1.

Ningaloo Road

Gazetted Road end

Homestead

Ningaloo Road end


Table 1 – Schedule of Submissions

No. Submission

from

How interests are

affected? Objection Submitters Comment/s Officer Comments

4.

IPP33448

Telstra Telecommunications

company

No

Re: Proposed permanent closure of Ningaloo Road

Thank you for your communication dated 01/08/2019 in relation to the

location specified above.

Telstra’s plant records indicate that there are no Telstra assets within the area

of the proposal. Subject to your compliance with the below conditions, Telstra

has NO OBJECTIONS to the Road Closure.

We note that our plant records merely indicate the approximate location of the

Telstra assets and should not be relied upon as depicting a true and accurate

reflection of the exact location of the assets. Accordingly, we note that all

individuals have a legal "Duty of Care" that must be observed when working in

the vicinity of Telstra’s communication plant. It is the constructor’s/land

owner’s responsibility to anticipate and request the nominal location of Telstra

plant via Dial Before You Dig “1100” number in advance of any construction

activities in the vicinity of Telstra’s assets.

On receipt of plans, notwithstanding the recorded location of Telstra’s plant,

the constructor/land owner is responsible for obtaining a Telstra accredited

Asset Plant Locator to perform cable location, potholing and physical exposure

to confirm the actual location of the plant prior to the commencement of site

civil work. Telstra reserves all rights to recover compensation for loss or

damage caused by interference to its cable network or other property.

Telstra would also appreciate due confirmation when this proposed acquisition

proceeds so as to update its Cadastre records. Information regarding

acquisition of the land would be of benefit to us and should be directed to the

following location:

Telstra - Cadastre Updates

PO Box 102

Toormina NSW 2452

Please pass all information contained in this communication to all parties

involved in this proposed process. If you have any difficulties in meeting the

above conditions or if you have any questions relating to them, please do not

hesitate to contact us

Yours sincerely,

Telstra Plan Services

Noted


5.

ICR33852

DBCA

Government agency

Concerns

Re: Proposed permanent closure of Ningaloo Road, Exmouth WA

The Department of Biodiversity, Conservation and Attractions (DBCA), Parks

and Wildlife Service provides the following comment on the proposal to close

the Ningaloo Road.

We note the shires desire to use the proposed closure as a catalyst for

discussions and negotiations with our agency as to the future contribution of

the state in maintenance of access roads that benefit the department’s

business model.

We understand that if the road is “closed” that it will revert to UCL. As such the

management responsibility would sit with local government and remain a

public road.

At this point in time the management of portions of the lot 173 on deposited

plans 220577 are proposed to be included into the Nyinggulu Coastal reserve

and a southern expansion of Cape Range National Park. Some portions of this

lot will be retained as UCL with consideration for inclusion in other pastoral

leases. None the less this process is still subject to ongoing legal action, with

no set timelines for an outcome.

Given the current uncertainties, we would suggest the proposed closure be

delayed pending the finalisation of outcomes from legal action and further

feedback from DPLH. We would also appreciate the opportunity to discuss

future management models and public access requirements prior to any

changes being made to the existing tenure of the Ningaloo Road.

It is acknowledged that looking towards what may

happen into the future and access needs requires

considering and thoughtful planning. As a result, in

part, of these comments, rather than the proposed

amalgamation of Ningaloo Road into Ningaloo Station

lease area (L3114 1093) Lot 173 on P220577, it will be

recommended instead to request the Ningaloo Road be

closed as public road and an ‘Access’ easement be

created recognising no other viable method of disposal

and the pending Supreme Court matter. This would

maintain access, revert to UCL and keep the reserve for

future considerations.

It is considered that a delay in this decision would be of

no real benefit to the rate payers of the Shire of

Exmouth.

6.

ICR33958

Ningaloo

station

Private enterprise Objection RE: Proposed closure of Ningaloo road.

The Ningaloo road commences at the Exmouth/Minilya road, passes through

Bullara pastoral station [approximately 21 km] and Ningaloo station

[approximately 5 km] and culminates at the junction of the Cardabia/Ningaloo

road and Ningaloo road.

Ningaloo road currently permits access to Yardie creek, Cape Range National

park, Exmouth town, Defence [RAAF] air weapons range, Coral bay town site,

Cardabia station, Ningaloo station homestead and its six licenced Coastal

camping areas.

The renewal of the Ningaloo station pastoral lease for the period of 38 years/4

months from July 1, 2015 is subject to the decision of the Supreme Court but

Noted.

It is noted that Ningaloo Road ends before the Ningaloo

Homestead whereby access continues via private tracks.

Ningaloo station coastal camping areas as mentioned

does not have any development approvals or

licence/permits from the Shire of Exmouth.


none the less Ningaloo station operates under a section 91 licence [issued

under the Land Administration Act 1997 (LAA 1997)] both a Coastal camping

business and the “Ningaloo homestead” and the privately owned, original,

heritage listed Point Cloates lighthouse and keepers houses. The homestead

licence was made by way of Deed Poll between the Minister for Lands and the

Lefroy family.

I object to the closure of the Ningaloo road and the amalgamation of the road

into the Ningaloo pastoral lease lot 173 on the following grounds;

[1] The Ningaloo road is the only access to Ningaloo station, its six licenced

coastal camping areas and the licenced Ningaloo homestead and which is

capable to accommodate stock trucks [moving stock such as

cattle/sheep/goats], emergency vehicles [such as ambulance/DFES fire vehicles

and DFES communication vehicles/sea rescue vehicles], fuel trucks, mail

delivery vehicles, trucks/tractors to service the current DMS Point Cloates

lighthouse, wool trucks, members of the public with vans/motor homes

utilizing the licenced camping areas and large vehicles accessing privately

owned property at Point Cloates, to whit the original, heritage listed, Point

Cloates lighthouse and keepers houses.

The gazetted Yardie creek road terminates at the southern end of the Cape

Range National park and the gazetted Cardiabia/Ningaloo road is only a two

wheel track which is incapable of accommodating any vehicle/truck other than

a single 4 wheel drive vehicle hence restricting access to the Ningaloo road

only for the above mentioned vehicles and to the above mentioned areas.

[2] Subject to section 58 [6] [b] of the LAA 1997 the Ningaloo road

[approximately 21 km] remains Crown land as the Bullara pastoral lease

continues to subsists on that land and therefore it is unable to be amalgamated

into the Ningaloo pastoral lease lot 173.

[3] Subject to the Supreme Court ruling and section 58 [6] [b] of the LAA 1997

the Ningaloo road [approximately 5 km] remains Crown land as the Ningaloo

pastoral lease continues to subsists on that land and therefore it is able to be

amalgamated into the Ningaloo pastoral lease lot 173.

[4] By closing the Ningaloo road the implementation of the Governments

“Ningaloo coast regional strategy Carnarvon to Exmouth” is unable to be

implemented.

I reiterate previous comments relating to no camping

area approvals from the local government.

Access commentary noted, refer to final comments

below.

Ningaloo gazetted road ends a significant distance east

of the Ningaloo Homestead.

It is acknowledged that Bullara Station has an interest in

that Ningaloo Road crosses Bullara Station lease area

also.

As a result, in part, of these comments, rather than the

proposed amalgamation of Ningaloo Road into

Ningaloo Station lease area (L3114 1093) Lot 173 on

P220577, it will be recommended instead to request the

Ningaloo Road be closed as public road and an ‘Access’

easement be created recognising that at this juncture

there are no other viable methods of disposal and the

pending Supreme Court matter.



Planning and Development Act 2005.

Land Administration Act 1997.

Land Administration Regulations 1998.

POLICY IMPLICATIONS

Nil


NIL



Business Plan 2018-2022.



1.3 Enable the provision of essential infrastructure that will support

investment and diversify our economy.


our economy.






with our community.



VOTING REQUIREMENTS

Simple Majority


That Council resolves to APPROVE the progression of the permanent closure of Ningaloo Road,

Exmouth and for the purposes of preparing and delivering a request under section 58(2) of the Land

Administration Act 1997 and forward a request to the Minister by:

a) Formally request that Ningaloo Road, registered by Deed Poll, be closed as a public road and an

‘Access’ easement be created over the land parcel and that it reverts to Unallocated Crown Land;

b) Provide written confirmation that the local government has resolved to make the request, details

of the date when the relevant resolution was passed and any other information relating to that

resolution that the Minister may require;

c) Provide sketch plans showing the location of the road and the proposed future disposition of

the land comprising the road after it has been closed;


d) Provide copies of any submissions relating to the request that, after complying with the

requirement to publish the relevant notice of motion under section 58(3) of the Act, the local

government has received, and the local government’s comments on those submissions;

e) Provide a copy of the relevant notice of motion referred to in paragraph (c); and

f) Provide written confirmation that the local government has complied with section 58(2) and (3)

of the Act.


12.2.3 FINAL DECISION FOR THE PROPOSED PERMANENT CLOSURE OF PACE

RETREAT (LOCAL ROAD) AND, AS AMENDED, CREATE AN EASEMENT

File Reference: RD.RO.0

Reporting Officer: Senior Planning Officer

Responsible Officer: Executive Manager Development Services




Attachment(s): 1. CONDFIDENTIAL – Legal Submission

PURPOSE

For a final council resolution after public advertising of the proposed permanent road closure.

BACKGROUND

Council, at its ordinary council meeting 25 July 2019, Resolution number 05-0719 (Item 12.2.2),

resolved to:

a) Revoke Council Resolution 13-0513-10.6.2 dated 16 May 2013.

b) Pursuant to the Land Administration Act 1997, Pt.5, Div.1, S.58, initiate the

proposed permanent closure of Pace Retreat Local Road, amalgamate land

formerly comprising Pace Retreat into existing General Lease I126906 over Lot 198

on Deposited Plan 190313, and advertise the notice of motion for this resolution

in a local newspaper circulating in the district for a period not less than 35 days.

c) The local government considers any objections made to it within that period

concerning the proposal set out in that notice and a final recommendation be

subsequently be brought before Council for a final resolution recommendation.

COMMENT

Pace Retreat is approximately 0.93km in length and is a local road gazetted to and maintained by

the Shire of Exmouth but essentially serves as private access to Yardie Creek Caravan Park. from

Yardie Creek Road.

The initial advertised intent and recommendation to Council was to initiate the proposed permanent

closure of Pace Retreat and that it be amalgamated in Lot 198 on Deposited Plan 190313 (L126906)

known as Yardie Creek Caravan Park. However, as a result of public advertising comments and

further review, it is noted that to ensure access certainty to both Lot 300 (airstrip) and Lot 198 (Yardie

Creek Caravan Park), the best course of action is to create an ‘Access’ easement over the proposed

closed road reserve and that it reverts back to unallocated Crown Land (UCL)

As mentioned in previous council agenda items it is considered unreasonable for the rate payers of

the Shire of Exmouth to fund on-going maintenance of a road that services one private enterprise

organisation being that of the Yardie Creek Caravan Park. It is also understood that the shire does


not fund or maintain access arrangements for other caravan parks/like businesses internal access

ways or that of the pastoral stations of Bullara, Exmouth Gulf and Giralia Stations.

To ameliorate access matters and with no other viable method of disposal, it is considered that the

best course of action would therefore be to request Pace Retreat be closed as a public road (De-

gazetted), an ‘Access’ easement be created and that the closed road land parcel reverts to

Unallocated Crown Land. Figure 1 below shows the extent of Pace Retreat extending from Yard

Road in a south-easterly direction.

Figure 1 – Extract from Landgate

Figure 2 – Extract from LPS.4 Mapping

CONSULTATION

The proposal was publicly advertised from 01 August 2019 to 11 September 2019 comprising of

consultation letters sent to utility stakeholders and an advertisement in the Pilbara News. As a

result of the advertising there were six (6) submissions received of, two (2) no-objection, one (1)

concerns and three (3) objection, outlined below in Table 2.

Lot 300 - airstrip

Lot 198, Caravan Park

Pace Retreat


Table 2 – Schedule of Submissions

No. Submission

from

How interests are

affected

Objection Submitters Comment/s Officer Comments

1.

IPP33512

Horizon

Power

Electricity company

(State Government-

owned)

No

Thanks for letter informing about Pace Retreat road closure.

Please note that Horizon power doesn’t have any asset installed in that area or asset

access from Pace Retreat road.

So, we will not be affected with this permanent road closure.

Noted

2.

IPP33513

Telstra Telecommunications

company

No

Re: Proposed permanent closure of Pace Retreat local road, Exmouth, WA

Thank you for your communication dated 01/08/2019 in relation to the location

specified above.

Telstra’s plant records indicate that there are no Telstra assets within the area of the

proposal. Subject to your compliance with the below conditions, Telstra has NO

OBJECTIONS to the Road Closure.

We note that our plant records merely indicate the approximate location of the Telstra

assets and should not be relied upon as depicting a true and accurate reflection of the

exact location of the assets. Accordingly, we note that all individuals have a legal "Duty

of Care" that must be observed when working in the vicinity of Telstra’s communication

plant. It is the constructor’s/land owner’s responsibility to anticipate and request the

nominal location of Telstra plant via Dial Before You Dig “1100” number in advance

of any construction activities in the vicinity of Telstra’s assets.

On receipt of plans, notwithstanding the recorded location of Telstra’s plant, the

constructor/land owner is responsible for obtaining a Telstra accredited Asset Plant

Locator to perform cable location, potholing and physical exposure to confirm the actual

location of the plant prior to the commencement of site civil work. Telstra reserves all

rights to recover compensation for loss or damage caused by interference to its cable

network or other property.

Telstra would also appreciate due confirmation when this proposed acquisition proceeds

so as to update its Cadastre records. Information regarding acquisition of the land would

be of benefit to us and should be directed to the following location:

Telstra - Cadastre Updates

PO Box 102

Toormina NSW 2452

Noted


Please pass all information contained in this communication to all parties involved in this

proposed process. If you have any difficulties in meeting the above conditions or if you

have any questions relating to them, please do not hesitate to contact us.

3.

ICR33721

visitor Concern Proposed closure of Pace retreat

For 27 years I have been holidaying at Yardie Homestead. Usually for 1 month every year

until 13 years ago when it has been 4 to 5 months. In the last 13 years the road has

deteriorated badly. Every year getting worse. The Exmouth Shire does not seem to care

about the rough road or the people with caravans who have to travel on it.

I and many others spend a lot of money in your town which I am sure the shops are

happy about but the Shire give me the impression that they don’t care about the people

who stay and spend in their town.

You certainly don’t look out for us. You have spent millions in the town for a big

impression but have decided not to repair Pace Retreat. Everyone I have spoken to out

here are degusted at the Shire decision and many wont be visiting Exmouth again.

I will be following this letter through with a letter to newspapers in Australind also to the

Government. I live in Australind when I am not at Yardie which I think of as my second

home.

Noted

Noted and visitation

appreciated.

Pace retreat serves access to

one commercial enterprise, the

local government does not

provide road and maintenance

to the homesteads of Bullara,

Exmouth Gulf or Giralia.

4.

IPA33956

Yardie

Homestead

Private enterprise Object I am writing in regards to your recent proposal to permanently close the road, Pace

Retreat. I strongly oppose this proposal.

Pace Retreat road is in a terrible state of disrepair and has been for a number of years. It

is the Exmouth Shire’s responsibility to maintain this bitumised road. It is a very busy

public road, not a small bush track.

Pace Retreat road is the only bitumised access (and provides the only access) to Yardie

Homestead Caravan Park. Yardie Homestead Caravan Park hosts a large percentage of

the visitors that camp in the Exmouth region. It is also a much-loved getaway for local

residents, with many regularly visiting.

The guests visiting Yardie Homestead Caravan Park bring an enormous amount of

revenue to the town. Yardie Homestead caravan park plays a large role in

accommodating and attracting visitors to Exmouth and supports most local businesses.

Noted

The access only provides access

to Yardie Creek Caravan Park

(private business) and nothing

else.

Other businesses collect guests

within other caravan parks,

once again, the Shire does use

rate payers money to fund


Pace Retreat is an extremely busy road during tourist season and is well used year

around.

On top of the guests using Pace Retreat it is also used by a huge amount of local

businesses. If required I can provide a comprehensive list of every business that does use

Pace Retreat. It would include all the Whaleshark boats who use it on at least a twice

daily basis during tourist season, as well as Ningaloo Ecology Cruises. Ningaloo

Lighthouse Caravan Park, Exmouth Camper Hire, Exmouth Wholesalers, Dunnings Fuel,

Exmouth Tackle and Camping, Exmouth Freight, NGT, Nor West Airwork, various towing

and car repair businesses, Exmouth Caravans and Camping, the Mobile Observatory,

various local electrical and plumbing contractors including Exy plumbing, Seems

contracting, Exmouth bus charter, Betta Electrical, Origin, Kleenheat, Exmouth hire,

Exmouth Water Carr and landscaping, Tyre right, Auto Pro, Exmouth Automotive and

boating, Exmouth light Engineering, many regular tour groups such as Intrepid and

Thompson Coach lines.

Journeys Beyond luxury camp Sal Salis use Pace Retreat at least twice a day as Yardie

Homestead supplies then with services necessary to run their business.

Many Government agencies also use Pace Retreat regularly. DPAW, Fisheries

department, Exmouth Police and CSIRO are a few.

Pace Retreat also aids the safety of Yardie Homestead guests and visitors to the Western

side of the North West Cape. It allows quick access to Emergency services such as St

John Ambulance. Quite a few times every year they are called to attend, often to an

emergency situation involving the Grey Nomads who visit our region.

Yardie Homestead is only one of two places that has a defibrillator available to use on

people in need in that remote stretch of coast. Pace Retreat allows people access to a

public telephone, wifi, water, ice, food, tour bookings and emergency first aid.

Yardie’s Kitchen, a restaurant, can only be accessed by Pace Retreat. It is a favourite

dining destination for local residents and tourists alike. Pace Retreat also provides access

to a light aircraft strip which is used regularly by local businesses including Nor West

Airwork and Sal Salis.

Yardie Homestead Caravan Park have already been approached by a number of

companies about fully booking all its accommodation and sites and also by others about

booking out all its accommodation for the April 2023 solar eclipse, that is meant to be

bring a huge number of visitors to Exmouth. These companies are planning on flying in

international guests to Perth and then hiring large coaches and driving them up to

Exmouth. These coaches will require bitumised access.

those access arrangements put

rather, as in the case of Yardie

Creek Caravan Park, provides

bitumised road to the point of

access.

Most accesses and car parking

within Cape Range are not

bitumised for a plethora of

reasons, this one might say,

adds to the ruggedness of the

natural surrounds.

Noted and amendment to

original proposal change from

that of amalgamation to access

easement.

Note my previous comments

regarding most areas within

the Park are gravel roads!

Pace Retreat would remain as

an access via easement so

access to airstrip and caravan

park would remain.

The proprietor of the caravan

park could seek alternative


Nearly all hire car companies prohibit their cars being driven on gravel roads. This means

international and Australian tourists alike would be deterred from staying at Yardie

Homestead if a bitumen road was not available. This would be detrimental to Yardie

Homestead.

I believe closing Pace Retreat would be a damaging step backwards to a town that relies

on tourism and to Yardie homestead Caravan Park and other business that use this road

frequently. It would not reflect a shire that promotes small business, growth or tourism.

I ask that the shire put aside the proposal to permanently close Pace Retreat. I suggest

it is only fair and important that the Shire of Exmouth put a road counter on Pace Retreat

for at least a 6-month period, covering the months from March through to October at

least. No road usage data has ever been collected for Pace Retreat. I believe it is

imperative in helping the shire gather accurate facts and identify and understand the

large usage Pace Retreat gets, before making any decisions about its future. This would

provide clear facts as to the road usage amount and I believe show how necessary Pace

Retreat is, to both tourists, local businesses and local residents. In fact, I think it would

show that outside the Main Street/ shopping area it will prove to be one of the busiest

streets in town.

I hope after analysing this data and realising the necessity of keeping Pace Retreat

operational the Shire of Exmouth will choose to repair the bitumen road and maintain

Pace Retreat. In doing this the Shire of Exmouth will be encouraging tourism and growth

and supporting many local businesses that attract a lot of visitors and revenue to this

town.

I hope you take all this into consideration.

funding for its access

arrangement where applicable.

Refer to previous comments.

5.

ICR33957

Commercial Law

Firm Objection CONFIDENTIAL Attachment 1

6.

ICS33865 visitor Object

Dear Sir/Madam

I am writing to express my concern over the proposed permanent closure of Pace

Retreat local road Exmouth. My wife and I have been visiting the area for a number of

years. We spend upwards of $6000 during each visit, money that goes to

supporting local business.

Noted and appreciated.


Since 2016 we have regularly accessed Yardie Homestead along Pace Retreat. I

have not noticed any maintenance during this time and the road is obviously in

need of repair. It was not until recently that I realised maintenance of the road

was the responsibility of the Shire.

It could be argued that the road only provides access to the caravan park and

therefore should not be the responsibility of the Shire. My observations can easily

disprove this type of argument. The road provides a significant service to local

business, all of whom rely on tourism to survive. Each day tour companies use the

road to collect passengers. Contractors and wholesalers use the road for their

business. All these businesses support the tourists and their income flows into the

Exmouth economy.

The road also provides access to the private airstrip. It is my experience that

these small airstrips are a vital part of any response to emergency situations. The

likelihood of an emergency situation is low but the consequence of not having

access to an emergency airstrip could be major. I believe that the Shire has a

responsibility to maintain that access.

The Shire is charged with providing local services to business and ratepayers. I

believe that it also has a responsibility to promote and support activities that

help the community grow. Tourism is obviously an activity that generates

considerable income for the Shire.

I urge the Shire to fulfil Its responsibility and maintain Pace Retreat, not take the

easy option and close the road.

Refer to previous comments.

Access easement will ensure

status quo remains.

It is an unreasonable

expectation for shire rate

payers to fund what is

essentially a private road to

access a private business

operation, as mentioned

previously, other such business

operations provide their own

crossover and internal access

roads.



Planning and Development Act 2005.

Land Administration Act 1997.

Land Administration Regulations 1998.

POLICY IMPLICATIONS

Nil


NIL









our economy.






with our community.



VOTING REQUIREMENTS

Simple Majority


That Council resolves to APPROVE the progression of the permanent closure of Pace Retreat,

Exmouth and for the purposes of preparing and delivering a request under section 58(2) of the Land

Administration Act 1997 and forward a request to the Minister:

a) Formally request that Pace Retreat, registered by Deed Poll, be closed as a public road, an

‘Access’ easement be created over the land parcel and that it reverts to Unallocated Crown Land;

b) Provide written confirmation that the local government has resolved to make the request, details

of the date when the relevant resolution was passed and any other information relating to that

resolution that the Minister may require;


c) Provide sketch plans showing the location of the road and the proposed future disposition of

the land comprising the road after it has been closed;

d) Provide copies of any submissions relating to the request that, after complying with the

requirement to publish the relevant notice of motion under section 58(3) of the Act, the local

government has received, and the local government’s comments on those submissions;

e) Provide a copy of the relevant notice of motion referred to in paragraph (c); and

f) Provide written confirmation that the local government has complied with section 58(2) and (3)

of the Act.


COMMERCIAL AND COMMUNITY

12.3.1 NINGALOO VISITOR CENTRE FEES & CHARGES

File Reference: FM.FE.0

Reporting Officer: Executive Manager Commercial and Community





Attachment(s): 1. 2019/20 Fees & Charges Schedule – Ningaloo Visitor

Centre

2. Public Notice advertisement NVC Fees and Charges

PURPOSE

That Council approve to adopt the 2019/20 Fees and Charges for the operation of the Ningaloo

Visitor Centre as presented in attachment 1.

BACKGROUND

Council is required to approve all fees and charges proposed to be imposed by the local government

in accordance with Section 602 of the Local Government Act 1995. As per section 6.16 (3) imposition

of fees and charges, these can be approved by Council outside of the annual budget and during a

financial year if required.

At the 25 July 2019 Ordinary Council Meeting, Exmouth Council adopted the 2019/20 annual budget

via resolution number 08-0719 which included estimated operational income and expenditure for

the Ningaloo Visitor Centre business unit operations.

These estimates were to cover the commencement date for a Shire managed visitor centre (assumed

from 1 November 2019) through to 30 June 2020.

The proposed Ningaloo Visitor Centre fees and charges were not included in the adopted budget

in July as the detail of the Shire managed operational model was still being investigated and finalised

at the time.

Shire officers have now completed a review of the fees and charges for the new business unit and

these are included as Attachment 1 for consideration by Council.


COMMENT

The Ningaloo Visitor Centre (NVC) is one of the larger visitor centres in WA and provides a

comprehensive suite of services that includes visitor information, accommodation and tour

bookings, retail sales and manages entry to the Ningaloo Aquarium & Discovery Centre.

The primary function of a Visitor Centre is to provide free information to visitors and generate

economic benefits by directing visitors to consume tourism product within the surrounding Shire.

As such the Ningaloo Visitor Centre has two primary customer groups; local industry

operators/businesses, and visitors to the region. The proposed fees and charges are targeted to

these two groups.

Shire officers have prepared the recommended fees and charges for the operations of the Ningaloo

Visitor Centre following a review of the operations including historical financial performance

delivered under the current Ningaloo Visitor Management Committee.

The recommended fees and charges align with industry practice and has identified opportunities to

optimise performance moving forward under a shire managed model.

Some of the key changes to current operations that impact fees and charges include annual

memberships for local industry replaced with a fee for service approach with individual pricing for

brochure display, in store tv advertising, rental of floor space and the like.

The review of current NVC operations is ongoing and it is likely that Shire officers will present further

recommendations on operational model for Council consideration in the near future.

CONSULTATION

The recommended fees and charges are based on a review, benchmarking and consultation with

other visitor centre operations.

As per s6.19 of the Local Government Act 1995 it is a requirement to give local public notice of

Council’s intention to impose fees and charges after the adoption of the annual budget.

The proposed fees were advertised (refer Attachment 2) in the Pilbara News and displayed on Shire

public noticeboards from 18 to 27 November 2019.


Local Government Act 1995, Sections 6.16, 6.17, 6.19 and 1.7.

POLICY IMPLICATIONS

Nil


The adoption of the recommended fees and charges supports and aligns to the forecast revenue

and expenditure estimates for the new Ningaloo Visitor Centre business unit as part of the annual

budget adopted by Council in July.




Business Plan 2018-2022;



1.1 A diverse and environmentally aware local economy that can attract

business investment and provide employment opportunities

1.2 Facilitate the strengthening and growth of our visitor experience.


with our community.



VOTING REQUIREMENTS

Absolute Majority


That Council APPROVE the 2019/20 Fees and Charges for the operation of the Ningaloo Visitor

Centre as presented in attachment 1.


12.3.2 MASTER PLANS FOR EXMOUTH LIGHT AIRCRAFT STRIP AND LEARMONTH

AIRPORT

File Reference: GS.PR.12

Reporting Officer: Executive Manager Commercial and Community





Attachment(s): 1. Department of Transport grant notification letter

2. Funding Deed RADS Exmouth Aerodrome

3. Funding Deed RADS Learmonth Aerodrome

PURPOSE

This report seeks Council approval to accept grant funding from the WA State Government’s

Regional Airports Development Scheme and to allocate matching funds from the Shire of Exmouth

aviation reserve for the review and update to existing aerodrome master plans.

BACKGROUND

The Shire of Exmouth operates two aerodromes within its locality, Learmonth Airport (Learmonth)

and Exmouth Light Aircraft Strip (ELAS).

Learmonth Airport leases the passenger terminal area from within the Department of Defence RAAF

air base for the purpose of handling the aviation Regular Passenger Transport (RPT) services to

Exmouth and larger scale general aviation. In the 2018/19 year the Learmonth operations processed

some 85,922 passengers and some 16,495 passengers through the shire operated heliport.

Exmouth Light Aircraft Strip is largely used by the Exmouth based whale shark industry, Department

of Biodiversity Conservation & Attractions, a base for helicopter operations, general aviation, and

the micro light aviation sector. The Royal Flying Doctor Service (RFDS) also use ELAS as an alternate

to Learmonth if the latter is unavailable however the current state of the ELAS runway is a major

deterrent to regular use.

In November 2018, Shire of Exmouth officers submitted two applications for the 2019-21 Regional

Airports Development Scheme second funding round. In May 2019 the Shire was notified it was

successful in receiving RADS grant funding up to $23,350 (exclusive of GST) to produce an ELAS

Master Plan and up to $19,600 (exclusive of GST) to revise and update the Learmonth Airport Master

Plan (see attachments 1 DOT letter and 2 and 3 funding deeds).

A condition of the grant funding is for the Shire of Exmouth to contribute matching funds.


This report seeks Council endorsement for the two master plan review projects and to allocate

matching Shire funds to these projects within the 2019/20 financial budget.

COMMENT

This report seeks Council endorsement for the following two projects.

Project 1 – Revision and Updating of the Learmonth Airport Master Plan

In anticipation of planned major upgrades to the Learmonth runway by RAAF over the unspecified

near future the Shire successfully applied for grant funding to review and update its Learmonth

Airport Master Plan last updated September 2014.

The RAAF are planning $120m capital spend for widening and strengthening of the main runway to

handle the KC30 aircraft including;

• Widening the existing 45-metre runway by 15 meters,

• Relocating the runway lights accordingly,

• Full new runway overlay,

• Addition of larger turning nodes at taxiways Bravo and Golf.

If undertaken these planned works will involve significant mobilisation of plant and equipment and

provides an ideal opportunity for Learmonth Aerodrome stakeholders to investigate the expansion

of the current RPT facilities.

If approved by Council the RADS grant and matching Shire funding will be used to revise its current

Master Plan with the specific goals of investigating the expansion of the RPT apron and inclusion of

a second taxiway essential for future RPT operations at Learmonth Airport.

These improvements will enable the airport to handle multiple large RPT aircraft at any one time.

The proposed works would ensure the infrastructure is in place for any future large capacity RPT

operators to service the destination.

Figure 1 - Potential for apron extension and second taxiway


The total project estimate was $39,200 (exclusive of GST) and a grant application was submitted to

the Department of Transport Regional Airport Development Scheme (RADS). RADS is a dollar for

dollar scheme and the grant was secured for $19,600 or 50% of the eventual project cost conditional

on matching funds from the Shire.

Project 2 – Exmouth Aerodrome Master Plan

The Exmouth Aerodrome Master Plan will review the current use and investigate the future purpose

of the ELAS including;

• Improved General Aviation facilities, important for servicing the growing tourism industry sector,

spotter services for the whale shark industry, micro light trial introductory flights, and general

charter services;

• Expand current facilities for helicopter operators currently servicing the offshore resource

sectors;

• Improved RFDS service, the potential upgrade to Exmouth aerodrome facilities would offer a

second airstrip alternative 20 minutes closer to the main town centre, quicker response times

and less likely to be isolated from the town’s ambulance service during a major wet weather

event;

• Potential for additional RPT small aircraft/passenger operator not requiring security screening;

• Residential Air Park, investigate demand for a “fly in community” concept;

The total project estimate was $46,700 (exclusive of GST) and a grant application was submitted to

the Department of Transport Regional Airport Development Scheme (RADS). RADS is a dollar for

dollar scheme and the grant was secured for $23,350 or 50% of the eventual project cost conditional

on matching funds from the Shire. The project involves the engagement of an external contractor

to review the existing plan, consult with stakeholders and in conjunction with Shire staff revise and

reissue the plan. Preliminary engagement has already been had with interested stakeholders.

Both projects must be completed by 11 May 2020 for the RADS grant to be acquitted and paid out.

CONSULTATION

Exmouth and Learmonth aerodromes leaseholders and users including letters of support for the

RADS grant applications received from RFDS and Norwest Air Work.


Local Government Act 1995 and Local Government (Financial Management) Regulations 1996.

POLICY IMPLICATIONS

Nil


This report is seeking Council approval to allocate matching Shire funds to these projects. These

amounts are currently unbudgeted for in the 2019/20 annual budget adopted at the July 2019 OCM.

If approved monies to be transferred from the aviation reserve to nominated aerodrome accounts.


The Department of Transport will pay their $42,950 contribution at the completion of the projects

expected to be received in the 2019/20 financial year.









our economy.









with our community.


VOTING REQUIREMENTS

Absolute Majority


That Council APPROVE:

1. Receipt of RADS Grant funding of $42,950 from the WA State Government and allocate to

2019/20 non-operating revenue accounts as follows;

a) Learmonth Airport R126274 $19,600 for revision of Master Plan,

b) Exmouth Aerodrome R127701 $23,350 for preparation of Master Plan.

2. Transfer of $42,950 from Aviation Reserve as Shire’s matching contribution to RADS grant

amounts; and

3. Allocation to 2019/20 non-operating expenditure accounts as follows;

a) Learmonth Airport A125322 $39,200 for revision of Master Plan,

b) Exmouth Aerodrome A127006 $46,700 for preparation of Master Plan.


12.3.3 REGIONAL AIRPORT SECURITY SCREENING FUND (RASSF) - FULL BODY

SCANNING EQUIPMENT PURCHASE FOR LEARMONTH AIRPORT

File Reference: GS.PR.0

Responsible Officer: Executive Manager Commercial and Community


Applicant/Proponent: Aviation Manager


Attachment(s): 1. CONFIDENTIAL Home Affairs letter of invitation

2. CONFIDENTIAL Certified Suppliers

3. CONFIDENTIAL Preferred Supplier Quote

4. CONFIDENTIAL Non Preferred Supplier Quotes

5. CONFIDENTIAL Security Categorisation List

PURPOSE

That Council approve to source full body scanning equipment from a preferred supplier on the basis

that the full cost of the system has been covered by a grant from the Federal Government’s Regional

Airport Security Screening Fund (RASSF).

BACKGROUND

The Australian Government regulates the security of the Australian aviation environment through

the Aviation Transport Security Act 2004 (ATSA) and the Aviation Transport Security Regulations

2005 (ATSR).

The purpose of the ATSA is to establish a regulatory framework to safeguard against unlawful

interference with civil aviation and maintain and improve aviation security.

On 8 May 2018, the Australian Government announced measures to further strengthen Australia's

domestic and international aviation security. The strengthened security measures are designed to

ensure Australia remains a trusted destination for trade and travel and a world-leader in aviation

security.

Some of the measures include the use of body scanners and advanced X-ray equipment at major

and regional Australian airports.

The Regional Airport Security Screening Fund (RASSF) was announced in the 2018-19 Federal

Budget to support eligible regional airports required to conduct enhanced aviation security

screening. The Federal Government is providing $50.1 million in funding to regional airports to assist

with these security upgrades. The intended outcome of the program is to further strengthen the

security of the Australian regional aviation network.

The Department of Home Affairs (Home Affairs) determined funding eligibility based on departing

passenger data held by the Bureau of Infrastructure Transport and Regional Economics from the


2017 calendar year, seating capacity of the aircraft hosted by the airport and details of the aviation

security screening equipment in use at each airport as at 8 May 2018.

RASSF funding is only available where eligible regional airports are required to purchase or replace

existing equipment in order to meet the minimum new aviation security screening requirements.

The objective of the program is to support eligible regional airports in moving quickly to implement

new aviation security screening requirements.

As operator of Learmonth Airport, the Shire of Exmouth was invited to apply for the RASSF funding.

Home Affairs consulted with eligible airports prior to the program opening for applications. During

the consultation process, Home Affairs determined the individual security screening equipment

requirements and maximum grant amount for each airport. See attachment 1 – RASSF invitation to

apply letter.

Learmonth airport as a security designated Category 3 airport (Attachment 5) is required to have

Full Body Scanning in place by December 2020. At that point a minimum of 50% of all departing

passengers must be screened by means of a Full Body Screening process along with the other

methods of screening currently in place.

The Shire of Exmouth has been notified that it has been successful in securing $255,0000 (GST

exclusive) in RASSF grants. The grants can pay up to 100% of the eligible project costs and the grant

funding prescribes the eligible aviation security equipment that can be applied for from an approved

list of suppliers.

COMMENT

As operator of the Learmonth Regular Passenger Transport (RPT) terminal, the Shire of Exmouth is

required to install and operate full body scanning procedures no later than December 2020.

The Shire was invited to apply and have been successful in securing the full amount of RASSF grant

available in order to meet this legislated requirement for Category 3 security designated airports.

A condition of the RASSF grant funding is that successful airports must select prescribed equipment

from a list of pre-approved suppliers (Attachment 2).

Shire officers sourced quotes from this pre-approved list and these are included as confidential

attachments to this report (Attachments 3 and 4).

The quotes received fall within the RASSF grant funding provided. The recommended supplier

equipment is a plug and play design and will fit within the existing space available at the current

security screening checkpoint. The other non-preferred suppliers’ equipment will require physical

modifications to the existing space and will incur and additional construction cost.

The recommended equipment supplier is also the current provider and ongoing service agreement

provider of other key security screening equipment such as x-ray equipment.

CONSULTATION

Australian Government Department of Home Affairs



The implementation of the full body scanner equipment at Learmonth Airport is required under

Australian Government’s Aviation Transport Security Act 2004 (ATSA) and the Aviation Transport

Security Regulations 2005 (ATSR).

The procurement of the security screening equipment adheres to Local Government Act 1995 Part 4

Provision of Goods and Services. As per r11(2)(e), tenders do not have to be publicly invited

according to the requirements of this Division if “the goods or services are to be supplied by or

obtained through the government of the State or the Commonwealth or any of its agencies”. The

Federal Government has provided full funding and prescribed the accredited types of equipment

that can only be sourced from their approved list of suppliers.

POLICY IMPLICATIONS

Nil


The Shire has secured full RASSF funding that will cover the supply and install of the required full

body scanner equipment. This includes a 2 year comprehensive warranty.

It is not anticipated any significant additional staffing and day to day operational cost will be incurred

through the operation of the full body scanner however the Shire will need to budget an estimated

$12,000 per annum towards annual servicing from year 3 onwards and will need to budget for annual

depreciation expenses.












with our community.


VOTING REQUIREMENTS

Absolute Majority



That Council APPROVE the awarding of contract to Smiths Detection for the supply and install of

one Eqo Body Scanner as per quotation in CONFIDENTIAL Attachment 3.


CORPORATE SERVICES

12.4.1 FINANCIAL STATEMENTS FOR PERIOD ENDING 31 OCTOBER 2019

File Reference: FM.FL.0

Reporting Officer: Manager Finance





Attachment(s): 1. Monthly Financial Report as at 31 October 2019

PURPOSE

That Council accepts the financial reports for the financial period ending 31 October 2019.

BACKGROUND

The provisions of the Local Government Act 1995 and associated Regulations require a monthly

financial report is presented at an ordinary meeting within 2 months of the period end date.

COMMENT

As at 31 October, operating revenue is exceeding target by $420,470 (6%) movement being

increased revenue from airport operations, domestic refuse and timing of roads funding.

Operating expenditure is under budget by $499,662 (9%) due to timing of community programs,

events and maintenance of footpaths and roads. The variance is mainly loss on sale of asset and

Materials and Contracts.

The capital program is currently under budget $824,718 due to timing of projects. Major road works

are scheduled for Jan-June period. Upgrades to the shire hall have commenced. Town beach gazebo

lighting is expected to be completed in November. The air conditioning at the Lefroy units have

been completed. Work has commenced to fix the retaining wall at 12 Fletcher Street. The upgrade

at the irrigation sewerage ponds have been completed. 19/20 vehicle replacement is complete with

the rubbish truck tender currently being assessed and the remaining plant replacement program to

be completed by March 2020.

Outstanding Rates is $1,483,424 with 463 properties on instalments totalling $915,780. Rate notices

were issued on 30 July 2019, and the first instalment was due on 3 September 2019. The Shire has

collected 70% of total rates outstanding, which is up from the 67% collected the same time last year.

Second instalment is due on 15 November 2019.

General Debtors is $1,216,879 with $884,213 being for October airport operations.


CONSULTATION

Nil


Sections 6.4 of the Local Government Act 1995 provides for the preparation of financial reports.

In accordance with Regulation 34 (5), a report must be compiled on variances greater that the

materiality threshold adopted by Council of $10,000 or 10% whichever is greater. As this report is

composed at a program level, variance commentary considers the most significant items that

comprise the variance.

POLICY IMPLICATIONS

Nil


Nil





with our community.



VOTING REQUIREMENTS

Simple Majority


That Council RECEIVES the Financial Report for the financial period ending 31 October 2019.


12.4.2 LIST OF ACCOUNTS FOR PERIOD ENDING 31 OCTOBER 2019


Responsible Officer: Manager Finance





Attachment(s): 1. List of Accounts for period ending 31 October 2019

PURPOSE

That Council receives the report of payments made since the previous Ordinary Council Meeting.

BACKGROUND

It has been customary practice that whilst being a leader in the community, we meet our terms of

credit as established between suppliers and aspire to obtain discounts where practicable. Payments

have been approved by authorised officers in accordance with agreed delegations and policy

frameworks.

COMMENT

Council has given delegated authority that allows the Chief Executive Officer to approve payments

from Council’s bank accounts either via cheque or through electronic lodgement.

October Payments

Municipal Fund totalling $1,656,451.04

Incorporating cheques, direct debits, electronic payments and credit cards.

Trust Fund totalling $5,336.83

Incorporating electronic payments.

Total Payments: $1,661,787.87

CONSULTATION

Nil


Payments are to be made in accordance with Part 6, Division 4 of the Local Government Act 1995

and as per the Local Government (Financial Management) Regulations 1996. Payments are to be

made through the municipal fund, trust fund or reserve funds. Payments are to be in accordance

with approved systems as authorised by the Chief Executive Officer.


POLICY IMPLICATIONS

Staff are required to ensure that they comply under Council Policy 2.10 – Purchasing Policy and 2.17

– Regional Price Preference Policy (where applicable) and that budget provision is available for any

expenditure commitments.


Payments are made under delegated authority and are within defined and approved budgets.

Payment is made within agreed trade terms and in a timely manner.





with our community.



VOTING REQUIREMENTS

Simple Majority


That Council pursuant to Sections 6.7 and 6.9 of the Local Government Act 1995 RECEIVES the report

of payments made from the Municipal and Trust bank accounts during the month of October 2019

(totalling $1,661,787.87).


ITEMS FOR INFORMATION ONLY

12.5.1 ITEMS FOR INFORMATION ONLY

PURPOSE

To advise Council of the information items as listed below.

VOTING REQUIREMENTS

Simple Majority


That Council note the following information items:

Register of Documents Stamped with the Shire of Exmouth Common Seal

The documents, as listed below, that have been stamped with the Common Seal of the Shire of

Exmouth since the last meeting.

Nil.

Building Decisions Issued

A summary of the building licence and building certificate applications and approvals made under

Delegation pursuant to the Building Act 2011 up to 31 October 2019.

App # Date

Received Lot Property Address Description Decision

Decision

Date

19/86 23/08/19 43 11 Searaven Cres New dwelling and attached

garage

On hold

(stopped by applicant)

19/91 30/08/19 361 27 Pellew Street Attach solar array to existing

roof

Approved 22/10/19

19/102 07/10/19 170 2 Bennett Street Attach solar array to existing roof Approved 08/10/19

19/103 07/10/19 51 14 Crevalle Way Attach solar array to existing roof Approved 08/10/19

19/104 07/10/19 644 21 Stokes-Hughes

Street

Attach solar array to existing roof Approved 08/10/19

19/105 07/10/19 618 4 Huston Street Attach solar array to existing roof Approved 21/11/19

19/106 07/10/19 1014 11 Eurayle Street Attach solar array to existing roof Approved 08/10/19

19/110 01/10/19 470 15 Osprey Way Attach solar array to existing roof Approved 07/10/19

19/111 01/10/19 92 11 Bluefin Cove Dwelling with carport Approved 05/10/19

19/112 08/10/19 1280 8 Seawolf Place Free standing patio Approved 19/11/19

19/113 11/10/19 2 Catalina/ Heron Way Storage shed & carport Approved 22/10/19

19/114 15/10/19 1392 11 Grenadier Street Shed Approved 22/10/19

19/115 15/10/19 101 14Tautog Street Fence Approved 21/10/19

19/116 16/10/19 R27288 Sal Salis- national park 1 x raised decking structure

(accommodation tent)

Approved 22/10/19

19/117 17/10/19 987 11 Walters Way Attach solar array to existing roof Approved 22/10/19

19/118 18/10/19 101 15 Ingram Street Washdown bay and associated

roof structure

Approved 23/10/19

19/119 21/10/19 69 18 Fyfe Street Patio & carport replacement Approved 20/11/19


19/120 21/10/19 755 110 Learmonth Street Attach solar array to existing roof Approved 23/10/19

19/122 30/10/19 366 4 Corella Court BBQ shelter Processing

19/123 31/10/19 73 Minilya-Exmouth

Road

Demolition permit: removal of

transportable dwelling

Approved 12/11/19

Planning Decisions Issued

A summary of the planning decisions issued under delegation or outstanding up to 31 October 2019.

App # Date

Received Lot Property Address Description. Decision

Decision

Date

PA112/16 25/08/16

1586

and

1587

164 Lyndon Location

Exmouth Gulf Pastoral

Station

Nature based camping Deferred 13/11/19

PA12/19 29/01/19 411 36 Madaffari Drive Single house Approved 31/10/19

PA32/19 13/03/19 Scheme Amendment 1 to LPS4 Processing

PA48/19 17/04/19 102 441 Murat Road Carport Deferred 14/11/19

PA58/19 17/05/19 166 166 Lyndon location Nature based park - Bullara

station stay

Deferred 17/05/19

PA78/19 04/07/19 373 18 Corella Court Single house Approved 07/11/19

PA83/19 16/07/19 366 4 Corella Court Addition of BBQ shelter to

single house

Approved 18/10/19

PA87/19 09/08/19 447 41 Madaffari Drive Swimming pool Deferred 15/11/19

PA88/19 09/08/19 1340 27 Salmon Loop Extension/Carport Deferred 09/08/19

PA101/19 20/08/19 162 14 Tuckey Street Additional predominant

use - motor vehicle wash

Refused 18/10/19

PA102/19 28/08/19 1148 39 Welch Street Construction of a

mechanical workshop

attached to existing shed

Deferred 19/09/19

PA105/19 03/09/19 361 27 Pellew Street Installation of solar panels

on existing building

Approved 18/10/19

PA106/19 09/09/19 206 42 Cobia Close Single dwelling Approved 08/11/19

PA109/19 11/09/19 434 88 Madaffari Drive Jetty Approved 17/10/19

PA113/19 23/09/19 1366 43 Heron Way 2 Outbuildings & crossover Deferred 15/11/19

PA115/19 08/10/19 1280 8 Seawolf Place Patio Withdrawn 23/10/19

PA116/19 10/10/19 79 1 Grey Street Outbuilding Extension Approved 08/11/19

PA119/19 21/10/19 432 84 Madaffari Drive Jetty Processing

PA120/19 17/10/19 2 Unit 2, 5 Thew Street Installation of solar panels Approved 22/10/19

PA121/19 25/10/19 9 108 Madaffari Drive Written Planning Advice -

Above Ground Pool/Spa

Processing

PA122/19 25/10/19 2 3 Kennedy Street Change of use Approved 31/10/19

PA123/19 28/10/19 618 4 Huston Street Existing - addition of Solar

panels

Approved 31/10/19

PA124/19 31/10/19 366 4 Corella Court Holiday accommodation Deferred 01/11/19


Permits Issued Under the Local Government Act 1995, Local Government Property Local Law

App # Date

Received Description. Decision Permit issued

PA110/19 12/09/2019 Anglican Church - Wedding at Vlamingh Head

Lighthouse - 23 May 2020

Issued 16/09/2019

PA114/19 02/10/2019 Margaret River Burger Company - ECAC Carpark -

October 2-5 2019, 10am to 11pm

Issued 02/10/2019

PA117/19 11/10/2019 Metcash - Town Beach – cocktail party 11 Oct 2019,

8pm-00.30

Issued 11/10/2019

PA118/19 14/10/2019 Exmouth Lioness Club Raffles at the Ross Street Mall -

2019/2020

Cancelled 04/11/2019


That Council note the following information items:

• Register of Documents Stamped with the Shire of Exmouth Common Seal;

• Building Decisions Issued up to 31 October 2019; and

• Planning Decisions Issued up to 31 October 2019.


14. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS

BEEN GIVEN

15. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY

DECISION OF MEETING

16. MATTERS TO BE CONSIDERED BEHIND CLOSED DOORS

17. CLOSURE OF MEETING

Shire of Exmouth...In the Mandu Mandu Function Room, Ningaloo Centre, 2Truscott Crescent, Exmouth...

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