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FNQROC – FNQ Water Alliance Licence workshop, Meeting No.13 - 12 August 2016 Page 1 of 9 MINUTES Meeting No 13 Meeting FNQ Water Alliance Licence workshop Date 12 August 2016 Time 10am Venue Committee meeting room, level three, Cairns Regional Council The meeting opened at 10:00am. 1. Attendance Name Organisation Steven Cosatto FNQROC Mark Wuth Cairns Regional Council Rohan Geddes Mareeba Shire Council Morris Hamil Mareeba Shire Council Aleisha Miles Tablelands Regional Council Darlene Irvine FNQROC Dawn Lake Yarrabah ASC Rob Fenn Cook Shire Council Steven Porter Cairns Regional Council Peter White Douglas Shire Council Geoffrey Smart Cassowary Coast Regional Council Marnie Dugmore Tablelands Regional Council Simon Page Cairns Regional Council Observers Name Organisation Ted Alred Dept. Energy and Water Supply (DEWS) Pushpa Ginge DEWS 2. Apologies Name Organisation Graham O’Byrne Cairns Regional Council Wouter Van der Merwe Douglas Shire Council Brad Bakker Tablelands Regional Council Garry Pickering Croydon Shire Council 3. Dept. of Energy and Water Supply – Regulator Ted Aldred and Pushpa Ginge. Information session:

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Page 1: MINUTES - Far North Queensland€¦ · Aleisha Miles, Marnie Dugmore TRC arrived at 10:30 DEWS have commenced preliminary discussions with QLD Health, Dept. Infrastructure, Local

FNQROC – FNQ Water Alliance Licence workshop, Meeting No.13 - 12 August 2016

Page 1 of 9

MINUTES

Meeting No 13

Meeting FNQ Water Alliance Licence workshop

Date 12 August 2016

Time 10am

Venue Committee meeting room, level three, Cairns Regional Council

The meeting opened at 10:00am.

1. Attendance

Name Organisation

Steven Cosatto FNQROC

Mark Wuth Cairns Regional Council

Rohan Geddes Mareeba Shire Council

Morris Hamil Mareeba Shire Council

Aleisha Miles Tablelands Regional Council

Darlene Irvine FNQROC

Dawn Lake Yarrabah ASC

Rob Fenn Cook Shire Council

Steven Porter Cairns Regional Council

Peter White Douglas Shire Council

Geoffrey Smart Cassowary Coast Regional Council

Marnie Dugmore Tablelands Regional Council

Simon Page Cairns Regional Council

Observers

Name Organisation

Ted Alred Dept. Energy and Water Supply (DEWS)

Pushpa Ginge DEWS

2. Apologies

Name Organisation

Graham O’Byrne Cairns Regional Council

Wouter Van der Merwe Douglas Shire Council

Brad Bakker Tablelands Regional Council

Garry Pickering Croydon Shire Council

3. Dept. of Energy and Water Supply – Regulator Ted Aldred and Pushpa Ginge.

Information session:

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Performance reporting changes and workshop dates;

Upcoming Audit of the DWQMP’s.

General discussion:

DEWS have just completed their revision of the Review and audit guideline and will

advise when the guidelines are available in the DEWS website. DEWS will update 12 of

other guidelines

Member Councils 2017 Audit:

As it is the first time process for identifying non-compliances and improvements through

an external audit Intent is to use the audit report as a tool of review and to

update/improve the DWQMP.

o Someone other than the provider (Council) is required to provide audit report to

DEWS within 30 business days after audit completion. Other providers have

asked their auditor to give these reports to the Regulator. FNQROC can submit

audit reports on behalf of councils.

o Pushpa advised that ESC has already taken a few quotes for their audit.

o Ted advised that an auditor cannot audit a DWQMP that they prepared or

significantly assisted a provider to prepare, as he sees this as a conflict of

interest, relative to the auditor’s code of conduct. Exemplar Global should be

able to provide further advice on what is a conflict of interest for their

accredited auditors. It was generally agreed by members that an auditor could

not audit their own work. Ted advised that such “conflict of interest” would be

assigned to the person and not the firm, if the firm itself did not develop or

significantly assist in the development of a DWQMP.

KPIs are updated through Steering Committee process and are finalised. Series of

workshops will be organised.-- KPI workshop in Cairns is scheduled to be on 26 October

2016. Other workshop locations are Brisbane and Longreach-

o DEWS should be sending out new definitions/guidelines around mid-October

2016.

o New definitions/guidelines won’t take effect until June 30 2017.

New software for swim data – improving alignment with BoM Dews and ABS

DWQMP annual report for this year is due Dec 19 2016.

Aleisha Miles, Marnie Dugmore TRC arrived at 10:30

DEWS have commenced preliminary discussions with QLD Health, Dept. Infrastructure,

Local Government and Planning and Dept of Aboriginal and Torres Strait Islander

Partnerships (DATSIP) to establish longer term plan with a focus on providing onsite

training, ground support, developing of process and administrative skills ie SCADA

SWIM data base etc. DEWS to provide further updates as discussions progress.

Action 13.1: DEWS to provide letter of support, to FNQ Water Alliance commenting on

the regionalisation process and the benefits that DEWS have identified.

Action13.2: DEWS to provide definition of abbreviations (eg ND, NR etc) of KPI reporting

due 1 October 2016 to all service Providers.

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Action 13.3: DEWS to clarify whether an audit can be done by the same consultant who

prepared the DWQMP.

Action 13.4: Steve Cosatto to contact Etheridge Shire Council to advise region will be

conducting out an RFQ to conduct a Regional Audit and that as members they are able,

but not obliged to be part of.

Ted Aldred Puspha Ginge left meeting at 11:10am

4. General discussion: regarding member councils 2017 audit

Region’s due date for the Audit is 30/06/2017

All Councils have either completed their regular reviews or are currently in the process

with DEWS

Previously discussed conducting a regional audit – general agreement that all are happy

to progress with a collective Request For Quote (RFQ)

Steve Cosatto reminded councils that no member is obliged to enter into the collective

process and councils may opt out of the arrangement/process, at any stage should they

feel their council would be disadvantaged by the arrangement.

No preferred Auditors at this stage

Suggested timeline:

Action Timeframe

Councils to submit DWQMPs to FNQROC post meeting ASAP

Contact three auditors for estimate and discuss logistics End of Sept

RFQ October

Aim to commence audit Feb 2017

Action 13.5: Steve Cosatto to forward list of auditors to councils for review and

comment.

Action 13.6: Councils to submit DWQMP’s to Steve Cosatto for use in RFQ process

Action 13.7: Steve Cosatto to commence RFQ process for a 2017 audit of member

councils DWQMPs.

Action13.8: Steve Cosatto to clarify (through DEWS) when does the thirty day timeline

requirement, for the submission of the audit reports, commence.

5. Acceptance of previous minutes – meeting No.11 –

Steve Cosatto advised that he had not been advised of any amendments or omissions

necessary as such the minutes would be noted as true and correct.

6. Actions from Previous Meeting No. 11

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No. ACTION OWNER COMPLETED?

11.1 A Compliance permits/license workshop to be facilitated with EHP. Workshop to: • Discuss and commence identification process of prescriptive or out of date permits with a view of engaging EHP staff for review and amendment.

FNQROC

11.2 Draft letter for Dept EHP of the effect on council’s resources in addressing PIN’s within five working days.

FNQROC

11.3 Carry action over to next meeting - Member councils to advise ROC, numbers they would be able to nominate for Certified Auditors course.

All members

11.4 Arron Hieatt to forward synergies report for distribution. (Arron please provide official title for this report)

LGAQ

11.5 Mark Wuth to amend draft Terms of Reference – Steve Cosatto to distribute with minutes.

CRC/FNQROC

Steve Cosatto commented:

Action 11.2: On hold awaiting outcomes of EHP workshop – also refer minute’s item No.7.

Action 11.3: Initially, the intent of conducting a regional Certified Auditors training program was so

that in the long term councils could audit each other’s DWQMPs. Member response to action has

been insufficient to warrant further investigation. Additionally, it was agreed that as the 2017 audit

would be the inaugural audit of members DWQMPs that it would be beneficial to councils to have a

third party conduct the audit. Agreement, to reconsider training following next year’s audit process.

7. Alliance Licencing Workshop (29 July) refer minutes attached to agenda

Steve Cosatto provided background:

Subsequent to the EHP presentation at the Water Alliance meeting No.11, 20 May. Members actioned FNQROC to facilitate a workshop to include council staff involved with the EHP’s Environmental Licensing processes.

The workshop would scope out the issues from Alliance members identifying commonalities of issues in dealing with EHP processes/issues and then looking at where (regionally) the Alliance in conjunction with EHP could play a role to help resolve these issues and set a direction forward.

The workshop:

Discussed:

o Green Tape process - general conditions

o Amendment process

o Environmental Regulation Authority ERA63

o Issues

o Opportunities

o Actions

Identified common issues:

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o Interpretations of wet and dry weather.

o Resolving/clarification of definitions – Percentile definitions.

o EHP staff located in South East Qld reviewing amendment submissions – Issue:

those staff not being abreast of site specific matters - Annual audit process would be

an opportunity to discuss, on site, with the EHP compliance officer the relevance of

onerous conditions; the compliance officer could provide comment within their

audit report which council could reference in a submission if required. This could

also reduce inconsistency between EHP staff.

o Legacy issues, where origins of requirements within licences are unknown – issue -

evaluating EHP officer is therefore unwilling to amend.

o EHP querying LG annual reports – up to eleven months later.

o Regionally some Alliance members were providing reports to Department of

Science, Information Technology and Innovation (DSITI) and EHP some only

providing to DSITI.

o The process associated with Environmental Authority numbering and the

amalgamation with the existing integrated EA number requires review as it is

cumbersome.

o Interpretation of clause/permits/licences can differ, dependant on EHP officer’s

interpretation eg some amendments can take up to 12 to 18 months to process

same type of amendment with a different EHP officer can take only a few months eg

Cassowary Coast Bypass amendment, while Cairns and Douglas are still involved in

negotiations.

Acknowledged:

o That within the region a more informal relationship/forum needed to be developed between Alliance members and EHP, to provide a platform to better inform both councils and EHP officers.

o Interaction between parties is inconsistent and at times created angst, often requiring resources which could be better utilised.

As a consequence of the Council workshop Steve Cosatto advised

A sub-committee of Environmental Approvals and Compliance Officers had been established - contact details had been distributed for regional networking.

Councils had commenced document sharing of licensing amendments.

A meeting has been organised with Rob Lawrence (EHP) for Monday 15 August to facilitate a EHP/FNQ Water Alliance workshop.

Rob Fearon advised QWRAP groups had commented that there was both positive and negative feedback regarding interaction between councils and EHP. Further highlighting the inconsistencies across the state. As such the matter had been included onto the QWRAP Chairs and Coordinators forum, Oct 26.

8. Healthy Water Ways – Cairns Regional Council

Mark Wuth commented:

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Wet Tropics Healthy Water Ways partnership was launched in June.

Broader reef plans looking at better managing the significant existing water quality data

Specifically targeting water quality data and identifying trends. To assist in identifying opportunities.

It is envisaged that through the collation and presentation of relevant data – that data can influence and assist in decision process for Capital expenditure or maintenance works ie STPs being blamed for influencing water quality whereas current data suggests that STP’s are only contributing small quantities to issue.

Indirect benefits holistic approach - Anticipated that councils would be in a position to consider cap ex offsets for eg. instead of upgrading a STP at a significant cost, data provided could provide business case that upstream bank remediation would achieve greater results at far less expense – producing greater value for money.

Reef report anticipated end of 2016.

Action 13.9: FNQROC to distribute pilot report card provided to board by Ryan Donnelly

(Chair of the Wet Tropics Healthy Waterways partnership) – Refer Appendix A

9. Overview of Qldwater North Queensland Conference 20 July – Mark Wuth

Theme securing our water future – understanding the impact levels of service

community expectations and the effect of water service levels on water

Challengers for Water Service Providers in north and Far North Qld. Having access to

water does not necessarily mean that members have security of supply.

Community education process.

Action 13.10: Mark Wuth to forward link of Qldwater conference presentations to Steve

Cosatto for distribution

10. Update Mareeba Waste Water Treatment Plant (currently under construction) – Morris

Hamill.

Commenced site works end of May.

Commencing concreting work end of August.

Refer photos attached appendix B

Darlene Irvine left meeting at 12:25

11. Identification of synergies or opportunities for collaboration/resource sharing

General discussion identified areas such as: 1) Water Security – leak detection, loss identification, action plans etc. 2) Demand Management Programs - assistance with the production of business cases.

o Pricing o Rob Fearon advised that Toowoomba Regional Council was in the process of

establishing a website with information on Demand Management.

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Action 13.11: Rob Fearon to provide progress update of Toowoomba’s Demand

Management website at next Alliance meeting.

3) Strategies for Workforce movements - o Technical Resourcing/Personnel

Qualified personnel – Engineers, AM staff, treatment operators, WH&S o Ageing workforce. o Engaging consultants with suitable technical expertise and an empathy for

Council processes. 4) Strategic Asset Management

o AM – (always difficult as councils balance engineering and accounting priorities) the capture of data, defining the service level data and development of plans.

o Planned expenditure asset renewal. Increasing communication between Service providers regarding

short/medium and long term plans/expenditure. Thereby assisting smaller providers regarding their planning into the future.

5) FNQROC development manual : o CTM involved with South East service providers - standard drawings. o South East councils are quite innovative with their approach to rehabilitation of

sewers and manholes. o Development Applications and associated issues with Developers/consultants

6) Internal Policies and Procedures o Business continuity plans – Not necessarily disaster situations (cyclones) eg

chemical localised issue or calls for assistance – ie plumbers. o Plan could be imbedded within each council continuity plan that in the event of

natural disaster staff can refer to. 7) Performance Reporting –

o SCADA alignment o SWIM response times

8) Community Engagement - education/informing rate payers 9) Partnering with other LGs, not just regional collaboration. 10) Regional Advocacy –

o LGAQ/Qld Water Directorate o Grant funding release dates - too late in the financial year.

11) Re-use options for Bio-solids o Steve Cosatto advised that the Regional Waste Management Group was

involved in the final stages of Regional Waste Options Investigation report. It is anticipated that this report would include potential future options/usages regarding the regions bio-solids.

It was agreed that a workshop be held to review collaboration opportunities for inputting into the annual work plan.

Action 13.12: FNQROC to facilitate workshop to review collaboration opportunities.

12. Review of Terms of Reference:

a) Insert in terms and definitions that – Water, means Water and Waste Water.

b) Dispute resolution - refer Item 8 “The Alliance will be managed as a technical

committee guided by the policies adopted by the FNQROC Board”. In essence any

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dispute that cannot be resolved within the group or by the respective CEO’s, will be

documented for direction at the next FNQROC board meeting.

Action 13.13: Steve Cosatto to amend ToR and submit to FNQROC Board at October 10

meeting for endorsement. – refer amended copy Appendix C

13. General Business

13.1 Review of proposed key agenda items for QWRAP Coordinators and Chair forum – 26 Oct

Water Security as a key aim for the State government.

Summary of QWRAP research projects.

Future directions for QWRAP and each region.

Further needs/opportunities in each regions and collaboratively.

Opportunities for greater communications/support.

14. Meeting closed 2:10

15. Next meeting

Next meeting will be held in Cairns, 4 November 2016. :

ACTION ITEM(S) –

No. ACTION OWNER COMPLETED?

13.1 DEWS to provide letter of support, to FNQ Water Alliance commenting on the regionalisation process and the benefits that DEWS have identified.

DEWS

13.2 DEWS to provide definition of abbreviations (eg ND, NR etc) of KPI reporting due 1 October 2016 to all service Providers.

DEWS

13.3 DEWS to clarify whether an audit can be done by the same consultant who prepared the DWQMP.

DEWS

13.4 Steve Cosatto to contact Etheridge Shire Council to advise region will be conducting out an RFQ to conduct a Regional Audit and that as members they are able, but not obliged to be part of.

FNQROC

13.5 Steve Cosatto to forward list of auditors to councils for review and comment.

FNQROC

13.6 Councils to submit DWQMP’s to Steve Cosatto for use in RFQ process

All Councils

13.7 Steve Cosatto to commence RFQ process for a 2017 audit of member councils DWQMPs

FNQROC

13.8 Steve Cosatto to clarify (through DEWS) when does the thirty day timeline requirement, for the submission of the audit reports, commence.

FNQROC/DEWS

13.9 FNQROC to distribute pilot report card provided to board by Ryan Donnelly (Chair of the Wet Tropics Healthy Waterways partnership) refer Appendix B

FNQROC

13.10 Mark Wuth to forward link of Qldwater conference presentations to Steve Cosatto for distribution

CRC

13.11 Rob Fearon to provide progress update of Toowoomba’s Demand Management website at next Alliance meeting.

QLD Water

13.12 FNQROC to facilitate workshop to review FNQROC

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No. ACTION OWNER COMPLETED?

collaboration opportunities.

13.13 Steve Cosatto to amend ToR and submit to FNQROC Board at October 10 meeting for endorsement. – refer amended copy Appendix C

FNQROC

Minutes prepared by Steven Cosatto FNQROC Regional Infrastructure Projects Coordinator.

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Appendix B: Mareeba Sewerage Treatment Plant:

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1

Terms of Reference – FNQ Water Alliance (DRAFT)

Cairns Regional Council (CRC)

Cassowary Coast Regional Council (CCRC)

Cook Shire Council (CSC)

Croydon Shire Council (CrSC)

Douglas Shire Council (DSC)

Etheridge Shire Council (ESC)

Mareeba Shire Council (MSC)

Tablelands Regional Council (TRC)

Wujal Wujal Aboriginal Shire Council (WWASC)

Yarrabah Aboriginal Shire Council (YASC) 2016 Version

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Table of contents

Agreed terms ------------------------------------------------------------------------------------------------- 3

1 Definitions and interpretation ---------------------------------------------------------------------3

1.1 Definitions 3

2 Term --------------------------------------------------------------------------------------------------4

3 General principles -----------------------------------------------------------------------------------4

4 Relationship between parties ----------------------------------------------------------------------5

5 Key Objectives ---------------------------------------------------------------------------------------5

6 Annual Work Plan -----------------------------------------------------------------------------------5

7 Obligations of the parties --------------------------------------------------------------------------5

8 Management of Alliance ----------------------------------------------------------------------------5

8.1 Alliance Committee 5

8.2 Composition of Alliance 6

8.3 Attendance at meetings 6

8.4 Authority of Alliance 6

8.5 Chairperson 6

9 Intellectual Property --------------------------------------------------------------------------------6

9.1 Existing Intellectual Property Rights 6

9.2 New Intellectual Property Rights 6

10 Costs --------------------------------------------------------------------------------------------------6

11 Additional Member Councils -----------------------------------------------------------------------7

12 General -----------------------------------------------------------------------------------------------7

12.1 Amendments 7

13 Execution --------------------------------------------------------------------------------------------7

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Terms of Reference

Dated 20 May 2016

Background

A The Water Industry in regional Queensland is facing unprecedented challenges.

B The Queensland Water Regional Alliance Program is an industry-led review of potential collaborative arrangements within the water industry. The program was developed by LGAQ,

with the Queensland Water Directorate appointed as the program manager and funded by the State Government.

C The experience within the Industry suggests that a collaborative approach can provide significant benefits both directly (through skill sharing and improved economies of scale) and

indirectly (via proactive and consistent engagement with State Government agencies and other

stakeholders).

D The parties wish to work together in a cooperative, coordinated and proactive manner to engage

with the State and other stakeholders concerning reform of the water industry in Far North Queensland.

E The parties have agreed to form a strategic alliance that will enable them to work together in a

cooperative, coordinated and proactive manner that is beneficial to the water businesses operated by the parties and the customers of these businesses.

F The alliance is a technical committee guided by the policies adopted by the FNQROC Board.

G The parties have agreed to the terms of reference to document, at a high level, the key

objectives and agreed actions of the proposed strategic alliance.

Agreed terms

1 Definitions and interpretation

1.1 Definitions

In this document:

Term Definition

Agreed Actions means the actions listed in the Annual Work Plan.

Alliance means a strategic alliance between FNQROC member Councils

where the parties will work together in a cooperative, coordinated and proactive manner, relevant to the direction,

structure and scope of water reform, in a manner that is beneficial to both the water businesses operated by the parties

and the customers of these businesses.

Commencement Date means the date of execution of this document and if this document is executed on different dates then the date when the

last party executes this document.

Councils means CRC, CCRC, CSC, CrSC, DSC, ESC, MSC, TRC, WWASC

and YASC.

CRC means Cairns Regional Council, a local government constituted

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Term Definition

under the Local Government Act 2009 (Qld).

CCRC means Cassowary Coast Regional Council, a local government constituted under the Local Government Act 2009 (Qld).

CSC means Cook Shire Council, a local government constituted under

the Local Government Act 2009 (Qld).

CrSC means Croydon Shire Council, a local government constituted

under the Local Government Act 2009 (Qld).

DSC means Douglas Shire Council, a local government constituted

under the Local Government Act 2009 (Qld).

Intellectual Property Rights

means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright,

moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered

plant breeder’s right, trade secret, know how, right in relation to semiconductors and circuit layouts, trade or business or

company name, indication or source or appellation of origin or

other proprietary right, or right of registration of such rights.

Key Objectives has the meaning stated in clause 5.

MSC means Mareeba Shire Council, a local government constituted under the Local Government Act 2009 (Qld).

Members mean those persons appointed by a party as that party’s

representatives on the Alliance.

State means the State of Queensland.

TRC means Tablelands Regional Council, a local government constituted under the Local Government Act 2009 (Qld).

Terms of Reference or ToR

means this document.

Term has the meaning in clause 2.

Water means Water and Waste Water

WWASC means Wujal Wujal Aboriginal Shire Council, a local government

constituted under the Local Government Act 2009 (Qld).

YASC means Yarrabah Aboriginal Shire Council, a local government

constituted under the Local Government Act 2009 (Qld).

2 Term

The term is the period from the Commencement Date until otherwise agreed to by the members

and to be reviewed on an as-needs basis.

3 General principles

The parties recognise and agree that the achievement of the Key Objectives will be best served

by working cooperatively together in a coordinated and proactive manner to further the Key

Objectives through the development and implementation of strategies that have the capacity to assist in the direction, structure and scope of water reform in Far North Queensland in a manner

that benefits both Far North Queensland’s water service customers and the water businesses operated by the Councils.

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4 Relationship between parties

The provisions of this Terms of Reference will not give rise to any joint venture, consortium, partnership or agency between the parties. Each party will be exclusively responsible for its

employees, agents, consultants and subcontractors.

5 Key Objectives

The parties will, during the term, work together to achieve their key objectives which are to:

a) Sharing information about programmes and projects in participating water businesses

to ensure timely awareness of emerging issues and opportunities

b) Identifying, creating and pursuing opportunities for cross local government (and other agencies and industry) alignment and coordination in service delivery

c) Provision of timely and comprehensive advice to participating local governments

d) Enhancing management and operational capacity and capability of water services

e) Promoting and supporting professional development among staff within the region

f) Provide advice to the FNQROC board on policy and procedures for urban water services.

6 Annual Work Plan

The parties agree:

(a) The Annual Work Plan will be developed for the purpose of progress monitoring and

reporting to member councils. (b) The work undertaken by the FNQ Water Alliance will be based on actions contained in an

Annual Work Plan.

7 Obligations of the parties

The parties will:

(a) fully disclose to the other parties any conflict of interest or duty that exists or may arise in connection with the performance of the Agreed Actions and not participate in any

decision that relates to a matter which may give rise to a conflict unless and until it has been fully disclosed to the other parties; and

8 Management of Alliance

8.1 Alliance Committee

The Alliance will be managed as a technical committee guided by the policies adopted by the

FNQROC Board.

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8.2 Composition of Alliance

(a) Each Council may nominate (at least) one representative to be a member of the

Alliance Committee

(b) The Members nominated can be changed by their appointing party at any time.

8.3 Attendance at meetings

(a) Where a Member is unable to attend a meeting in person, he or she may attend by

any available electronic means or may nominate a proxy.

(b) The Alliance will operate on a consensus basis.

(c) It is not an imperative that all parties agree with each individual initiative. Each

Council has the prerogative to opt in or out af projects at any stage

(d) Alliance meetings will be held quarterly unless otherwise agreed by the parties.

(e) Alliance meetings will be coordinated by FNQROC and the Chairperson.

8.4 Authority of Alliance

The Members may make decisions at Alliance meetings (where a Member or Members have

delegated authority to do so) on:

(a) any matter relevant to the achievement of the Key Objectives and undertaking of the

Annual Work Plan;

Decisions that exceed member delegation or have a potential political impact will be directed to

the FNQROC Board for approval

8.5 Chairperson

(a) The Members must elect one Member to be the Chairperson of the Alliance; and

(b) The Chairperson shall preside at all Alliance meetings at which he or she is present.

(c) The appointment of the Chairperson will continue for a period of 12 months.

(d) When the Chairperson is not present at an Alliance meeting, those Members then

present must appoint one of their members to preside as Chairperson at that meeting.

9 Intellectual Property

9.1 Existing Intellectual Property Rights

Nothing in this Terms of Reference affects any existing Intellectual Property Rights of a party.

9.2 New Intellectual Property Rights

Title to any new Intellectual Property Rights that come into existence as a consequence of the parties co-operating to achieve the Key Objectives will, unless otherwise agreed in writing by all

of the parties, vest jointly in the parties upon its creation.

10 Costs

(a) Each member will bear its own costs in relation to:

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(i) the negotiation, preparation, and execution of this Alliance;

(ii) attendance at Alliance meetings; and

(iii) otherwise performing its obligations under this Terms of Reference.

(b) The parties will, derive a consensus funding agreement, based on the nature and

extent of the work required for:

(i) costs of external advisers engaged to provide advice to the parties on the Key

Objectives or the Agreed Actions or on any issues arising;

11 Additional Member Councils

Each party recognises and agrees that:

(a) other councils may wish to participate in the FNQ Water Alliance; and

(b) any approval to increase membership or provide information will be decided by the FNQROC Board.

12 General

12.1 Amendments

This document may only be amended by written agreement between all parties.

13 Execution

The parties have executed this Agreement on the dates set out below.

CAIRNS REGIONAL COUNCIL signed this ____ day of ____________

2016 by _________________________, the

Mayor Cairns Regional Council

) )

) )

)

...................................................... Mayor Cairns Regional Council

**NAME** COUNCIL signed this ____ day of ____________

2016

by _________________________, the (Position Title)

) )

)

) )

......................................................

(Position Title)

**NAME** COUNCIL

signed this ____ day of ____________ 2016

by _________________________, the

(Position Title)

)

) )

)

)

......................................................

(Position Title)

**NAME** COUNCIL signed this ____ day of ____________

2016

by _________________________, the (Position Title)

) )

)

) )

......................................................

(Position Title)

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**NAME** COUNCIL

signed this ____ day of ____________ 2016

by _________________________, the (Position Title)

)

) )

) )

......................................................

(Position Title)

**NAME** COUNCIL signed this ____ day of ____________

2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)

**NAME** COUNCIL

signed this ____ day of ____________ 2016

by _________________________, the (Position Title)

)

) )

) )

......................................................

(Position Title)

**NAME** COUNCIL signed this ____ day of ____________

2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)

**NAME** COUNCIL

signed this ____ day of ____________ 2016

by _________________________, the (Position Title)

)

) )

) )

......................................................

(Position Title)

**NAME** COUNCIL signed this ____ day of ____________

2016 by _________________________, the

(Position Title)

) )

) )

)

...................................................... (Position Title)