NOTICE OF ORDINARY MEETING OF COUNCIL€¦ · forthcoming China mission and trade and export opportunities for our region. 8. MAYOR’S REPORT 8.1 Meetings Attended and / or Discussions

AGENDA

1. ATTENDANCE

1.1 Present

1.2 Apologies

1.3 Not Present / Leave of Absence

Leave of Absence – Councillor Terry-Anne Keen

2. CONFIRMATION OF MINUTES

2.1 “that the minutes of the Ordinary Council meeting held on Monday 20 February 2017 (MB Folios 13461 to 13479, inclusive), be accepted as read and confirmed.”

3. BUSINESS ARISING

4. ADJOURNED BUSINESS

Section 19(3) – Adjourned Business – Local Government (Procedures at Meetings) Regulations 2013 (Section 19 Part 3) states:

*** Business adjourned from a previous meeting must be dealt with before any new business at a subsequent meeting

4.1 Policy Review – Council Members Allowances and Benefits Policy

5. DECLARATION OF MEMBERS’ INTEREST

6. OPEN FORUM

6.1 Open Forum Speakers

7. BRIEFINGS

No Briefings

8. MAYOR’S REPORT

8.1 Meetings Attended and / or Discussions Held – Mayor Flaherty OAM JP

9. MINUTES AND/OR RECOMMENDATIONS

9.1 Governance Advisory Panel

No Minutes

9.2 Strategic Planning and Development Policy Committee

No Minutes

9.3 Audit Committee

Minutes from meeting held 17 February 2017

9.4 Chief Executive Officer Review Committee

No Minutes

9.5 Environmental Management Advisory Committee

No Minutes

9.6 Community Development and Advisory Committee

No Minutes

9.7 Mallala and Districts Homes Committee

No Minutes

9.8 Mallala and Districts Historical Committee

Minutes from meeting held 8 March 2017

10. ASSOCIATED ORGANISATIONS

10.1 Gawler River Floodplain Management Authority

Minutes of meeting held 16 February 2017

10.2 Central Local Government Region


11. QUESTIONS ON NOTICE

11.1 Salt Creek Foot Bridge – Two Wells

11.2 Bakers Road Ford Upgrade – Scope of project

11.3 Illegal Dumping

11.4 Northern Connector Project

11.5 Lewiston Playground

12. QUESTIONS WITHOUT NOTICE

Rules from Local Government Act 1999 Regulations:-

Questions and replies are not entered in the minute book unless expressly required by resolution.

No debate shall be allowed on any question or reply to any question.

13. PETITIONS

No Petitions

14. DEPUTATIONS

14.1 Rina Centofanti – Adelaide Plains Bus Route

15. MOTIONS ON NOTICE

15.1 Rate Capping

16. ITEMS FOR NOTING / INFORMATION

16.1 Council Resolutions/Action Report

16.2 Strategic Plan Update

16.3 Parham – Horse Activity Management

17. ITEMS FOR DECISIONS

17.1 Mallala Netball Club – Proposed Lease

17.2 CS Musolino – Proposed Grazing License instead of Lease

17.3 Animal Management 2017/2018

17.4 Nominations sought for Board of Management of the Australia Day Council of South Australia

17.5 Development, Planning and Infrastructure Act - Implementation

17.6 Community Partnerships Fund 2016/2017

18. URGENT BUSINESS

19. CONFIDENTIAL ITEMS

No Confidential Items

20. CLOSURE

2. CONFIRMATION OF MINUTES

MONDAY 20 March 2017

Items:

2.1 “that the minutes of the Ordinary Council meeting held on Monday 20 February 2017 (MB Folios 13461 to 13479, inclusive), be accepted as read and confirmed.”

PUBLIC COPY - Ordinary Council Meeting Page 1 of 217 20 March 2017

13461

Ordinary Council Meeting

20 February 2017

MINUTES

of


Pursuant to the provisions of section 84 (1) of the

Local Government Act 1999

HELD IN

Council Chambers Redbanks Road,

Mallala

on

Monday, 20 February 2017


13462


20 February 2017

The Mayor formally declared the meeting open at 6.30 pm.

1. ATTENDANCE

1.1 Present: Mayor A J (Tony) Flaherty OAM JP Cr S M (Marcus) Strudwicke Cr Karen McColl Cr Stephen Jones Cr Carmine Di Troia Cr P D (Joe) Daniele Cr Anne Picard

Also in Attendance: Chief Executive Officer Mr James Miller General Manager, Governance and Communications Ms Sheree Schenk

General Manager, Infrastructure Mr Martin Waddington

General Manager, Development and Community Mr Robert Veitch General Manager, Finance and Economic Development Mr Rajith Udugampola

Governance Support Officer Mr Rob Adam

Minute Secretary Ms Andrea Humphrys 1.2 Apologies

Cr Melville Lawrence Cr Terry-Anne Keen Cr Eddie Stubing

1.3 Not Present / Leave of Absence

Nil 2. CONFIRMATION OF MINUTES

2.1 Council Resolution 2017/ 023

Moved Cr Strudwicke Seconded Cr McColl

“that the minutes of the Ordinary Council meeting held on Monday 16 January 2017 (MB Folios 13446 to 13460, inclusive), be accepted as read and confirmed.”

CARRIED

3. BUSINESS ARISING

No Business Arising


13463


20 February 2017


No Adjourned Business

5. DECLARATION OF MEMBERS’ INTEREST

5.1 The Mayor declared an interest in Item 9.1 – Governance Advisory Panel,

Policy Review – Council Members Allowances and Benefits Policy and advised

that he will vacate the chamber when the item is before the Elected Body.

6. OPEN FORUM

The Mayor sought leave of the meeting to suspend Part 2 of the Local

Government Act (Procedures at Meetings) Regulations 2013, for a period of

10 minutes to facilitate ‘Open Forum’. The meeting was suspended at

6.33 pm.

The following speakers addressed Council in relation to Open Forum:

6.1 Mick Tennant Two Wells

John Lush Mallala

Neil Slater Mallala

Margaret Tiller Mallala

The meeting resumed a 6.44 pm.

7. BRIEFINGS

7.1 Anne Moroney, Chief Executive Officer of Regional Development Australia Barossa, provided Council with a 25 minute briefing in relation to the forthcoming China mission and trade and export opportunities for our region.

8. MAYOR’S REPORT

8.1 Meetings Attended and / or Discussions Held – Mayor Flaherty

Monday 16 January 2017 Pre Council Meeting – Mayor / CEO and General Managers Ordinary Council Meeting

Tuesday 17 January 2017 Mayor / Acting CEO Meeting


13464


20 February 2017

Wednesday 18 January 2017 Mayor / General Manager Development and Community – Two Wells Growth

Thursday 19 January 2017 Ratepayer meeting – various matters

Friday 20 January 2017 Mayor / Acting CEO Meeting – general discussion in CEO’s absence

Tuesday 24 January 2017 Governance Advisory Panel Meeting Mayor / Deputy Mayor /CEO Monthly Meeting

Thursday 26 January 2017 Australia Day Ceremony - Mallala

Monday 30 January 2017 Meeting with Director of Greenwheat Freekah and CEO – Confidential Norman Waterhouse Lawyers - Confidential

Tuesday 31 January 2017 Ratepayer / Mayor / General Manager Infrastructure – Two Wells Cemetery

Wednesday 1 February 2017 Mayor / CEO Meeting – various matters

Thursday 2 February 2017 Mayor / CEO Meeting – various matters

Monday 6 February 2017 Mayor / Elected Member / CEO Meeting – various matters

Tuesday 7 February 2017 Toured coastal settlements, primarily Thompson Beach

Thursday 9 February 2017 Ratepayer / Mayor / Development Services Staff – Mallee Court

Friday 10 February 2017 Consultants Terry Bell and Helen Smith – Tourist accommodation opportunities Two Wells

Monday 13 February 2017 Mayor / Councillor Jones / CEO / General Manager Infrastructure – various matters Elected Members Informal Gathering

Tuesday 14 February 2017 Mayor / CEO Meeting

Wednesday 15 February 2017 Ratepayer / Mayor meeting – Mallee Court Infrastructure Mayor / CEO Meeting


13465


20 February 2017

Thursday 16 February 2017 Ratepayer / Mayor meeting – Oakford Estate Mayor / CEO Meeting

Friday 17 February 2017 Audit Committee Meeting



Minutes of meeting held 24 January 2017

At this juncture, 7.09 pm, Mayor Flaherty left the chamber having declared an

interest in the first recommendation of the Governance Panel at Item 9.1 –

Governance Advisory Panel, Policy Review – Council Members Allowances and

Benefits Policy.

In the absence of the Deputy Mayor, Council’s Chief Executive Officer, James

Miller, chaired the meeting until the temporary appointment of a Presiding

Member.

Councillor Picard nominated Councillor Strudwicke to chair the meeting.

Councillor Strudwicke accepted the nomination.

Council Resolution 2017/ 024

Moved Cr Picard Seconded Cr McColl

“that Councillor Strudwicke chair the meeting until Mayor Flaherty returns to

the chamber.”

CARRIED



Moved Cr Picard Seconded Cr Jones

“that administration bring back a report on the options available for the

Mayor to record his fuel use for his motor vehicle.”

CARRIED

At this juncture, 7.16 pm, Mayor Flaherty returned to the chamber.


13466


20 February 2017

9.1 Formal Motion 2017/ 026

Moved Cr Strudwicke Seconded Cr Jones

“that the motion to consider amending the Council Members Allowances and

Benefits Policy be adjourned until the next meeting of Council”.

CARRIED


No Minutes

9.3 Audit Committee

No Minutes


No Minutes


No Minutes


No Minutes


No Minutes





Minutes of meeting held 8 December 2016

Minutes of meeting held 22 December 2016 – Confidential


No Minutes


13467


20 February 2017

11. QUESTIONS ON NOTICE


Councillor Jones gave notice of his intention to ask the following questions:

Preamble With current and an expected increase of local storm water inflows from Two Wells residential development growth bounding Salt Creek, increase of mosquito presence complaints and exacerbated recently by rain event of 75mm +, it appears evident each rain event large area of water backs up behind Salt Creek Pedestrian walkway, in interest of accountability good governance and what water flow issues were considered including any public consultation prior to development approval process of Salt Creek Pedestrian crossing I ask following questions.

Question 1: Is Salt Creek Pedestrian walkway on Council land?

Answer:

Question 2: When was construction of Salt Creek Pedestrian walkway approved by CDAP and were any conditions attached? please specify

Answer:

Question 3: Was consideration given to pedestrian walkway design as foot bridge adjacent to bridge line and level rather than follow contour down into creek bed?

Answer:

Question 4: What agencies were consulted during approval process of Salt Creek Pedestrian crossing? please specify

Answer:

Question 5: What information was provided with application regarding likely increased water flows as result of increase development growth within local Salt Creek catchment area?

Answer:

Question 6: As its been threatened a number of times in past by member that in event of flooding from Salt Creek landowners would sue for compensation from Adelaide Plains Council, what liability exists for APC in event of flooding of private land from Salt Creek?

Answer:


13468


20 February 2017

** After a meeting held between Management, Mayor Flaherty and Councillor Jones, it has been agreed that amended questions will be presented and answered, at the 20 March 2017 Ordinary Council Meeting. 11.2 Bakers Road Ford Upgrade – Scope of Project


Preamble September 30 edition of Bunyip Press contained article re Baker Ford upgrade , the article stated that Mallala Council was forced to spend an extra $234,785 on the project after contractor made changes to works due to sub grade conditions and two organisations Telstra and SA Water called for their infrastructure to be relocated as result of works , initial project was expected to cost $417,000 but ended up at $630,596 , Mayor Kennington at time was quoted over budget cost was managed through "incidental budget savings" further the article stated the upgrade will see a span-deck bridge installed at the ford, as public interest in this matter has continued I ask the following Questions:

Question 1: Was a project manager appointed to oversee works? Please specify

Answer:

Question 2: What was the technical nature of changes contractor made to original project? Please specify in detail and why an sub grade conditions were not taken into consideration in original quote

Answer:

Question 3: What communications were entered into (email, letter etc) with Telstra and SA Water prior to works commencing and are copies in Council records?

Answer:

Question 4: The spin “incidental budget savings” that managed budget glow out, in financial terms exactly how was that shortfall managed?

Answer:

Question 5: In the exacting definition of a span-deck bridge is Baker Ford crossing defined in that category?

Answer:

** After a meeting held between Management, Mayor Flaherty and Councillor Jones, it has been agreed that amended questions will be presented and answered, at the 20 March 2017 Ordinary Council Meeting.


13469


20 February 2017

12. QUESTIONS WITHOUT NOTICE

Rules from Local Government Act 1999 Regulations:-

Questions and replies are not entered in the minute book unless expressly required by resolution.

No debate shall be allowed on any question or reply to any question.

13. PETITIONS

Nil

14. DEPUTATIONS

Nil

15. MOTIONS ON NOTICE

15.1 Corporate Communications


Moved Mayor Flaherty Seconded Cr McColl

"that Council instructs the Chief Executive Officer to bring a report back to the Chamber which outlines the various means of communications between the elected body and management over the preceding three month period. The report to provide a breakdown of whether communications are strategic or operational matters, and administrative resources allocated to communication responses."

CARRIED

Cr Strudwicke called for a Point of Order as the debate was closed.

The Mayor accepted the Point of Order.

16. ITEMS FOR NOTING / INFORMATION




“that Council, having considered Item 16.1 - Council Resolutions/Action Report, dated 20 February 2017, receives and notes the report.”

CARRIED


13470


20 February 2017

16.2 Hook Line and Thinker



“that Council, having considered Item 16.2 - Hook Line and Thinker, dated 20 February 2017, receives and notes the report.”

CARRIED

16.3 Proposed Grazing Lease and Community Consultation


Moved Cr Strudwicke Seconded Cr Daniele

“that Council, having considered Item 16.3 –– Proposed Grazing Lease and

Community Consultation, dated 20 February 2017, receives and notes the

report.”

CARRIED

16.4 Lewiston Playground Fencing


Moved Cr McColl Seconded Cr Strudwicke

“that Council, having considered Item 16.4 – Lewiston Playground Fencing,

dated 20 February 2017, receives and notes the report.”

CARRIED


Moved Cr McColl Seconded Cr Daniele

“that Council, having considered Item 16.4 – Lewiston Playground Fencing,

dated 20 February 2017, request that a further report be brought back

outlining Council’s liabilities and risk associated with children accessing

Hayman Road from the playground site, with an internal risk assessment,

fencing solutions and signage to be included together with all associated

costs.”

CARRIED


13471


20 February 2017

16.5 Lewiston Community Focal Point Study – Issues and Opportunities


Moved Cr Strudwicke Seconded Cr Picard

“that Council, having considered Item 16.5 - Lewiston Community Focal Point study – Issues and Opportunities, dated 20 February 2017, receives and notes the report.”

CARRIED

17. ITEMS FOR DECISIONS

17.1 Sealing of Hart Road, Lower Light


Moved Cr Daniele Seconded Cr Strudwicke

“that Council having considered Item 17.1 – Sealing of Hart Road, Lower

Light, dated 20 February 2017, authorises the Chief Executive Officer to

lodge an application for grant funding of $375,000 under Building Better

Region Fund.”

CARRIED

Division

Councillor Daniele called for a division.

The Mayor declared the vote set aside.

Members voting in the affirmative: Councillors Daniele, Di Troia, Strudwicke, McColl and Picard.

Members voting in the negative: Councillor Jones.

The Mayor declared the motion CARRIED


Moved Cr Daniele Seconded Cr McColl

“that Council having considered Item 17.1 – Sealing of Hart Road, Lower

Light, dated 20 February 2017, authorises the Chief Executive Officer to seal

2.53kms of Hart Road from Port Wakefield Road to Days Egg Pty Ltd as part

of its 2017/2018 Capital Works Program if the grant application is successful

with the Federal Government and Days Egg Pty Ltd contributes $150,000

towards the cost of the project.”

CARRIED


13472


20 February 2017

Division

Councillor Daniele called for a division.


Members voting in the affirmative: Councillors Daniele, Di Troia and McColl.

Members voting in the negative: Councillors Jones, Strudwicke and Picard.

The Mayor exercised his casting vote in the affirmative.


17.2 First Budget Update - 2016/2017 Report



“that Council, having considered Item 17.2 - First Budget Update 2016/2017

Report, dated 20 February 2017;

receives and notes the report,

receives and notes the project progress reports contained in Attachment

1, and

Pursuant to Regulation 9 (1) (a) of the Local Government (Financial

Management) Regulations 2011, adopts the Budgeted Uniform

Presentation of Finances as contained within Attachment 2.”

CARRIED

17.3 Mallala Community Arts Inc – Exercise of Lease Renewal



“that Council, having considered Item 17.3 – Mallala Community Arts Inc – Exercise of Lease Renewal, dated 20 February 2017, authorise Council staff to grant a right of renewal of the Lease of the Mallala Institute to the Mallala Community Arts Inc for a further five (5) years from 28 March 2017 to 27 March 2022, subject to Item 8 – Public Risk Insurance in the First Schedule being increased to $20 million.”

CARRIED


13473


20 February 2017

17.4 Section 270 Review – Hayman Road Playground


Moved Cr Jones Seconded Cr Strudwicke

“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, receives and notes the report.”

CARRIED



“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017 and undertaken its review of the matter in accordance with Council’s Internal Review of Council Decisions Procedure, finds that the relocation of the access/egress to the playground from Hayman Road to Pederick Road (including the car park) was the best possible decision in the circumstances.”

Division

Councillor Jones called for a division.


Members voting in the affirmative: Councillors Daniele, Strudwicke and McColl.

Members voting in the negative: Councillors Jones, Di Troia and Picard.

The Mayor exercised his casting vote in the affirmative.




“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, affirms its decisions of 9 June 2015 and dismisses the application for review.”

CARRIED


13474


20 February 2017

Division

Councillor Jones called for a division.


Members voting in the affirmative: Councillors Daniele, Di Troia, Strudwicke, Picard and McColl.

Members voting in the negative: Councillor Jones.




“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, instructs Council administration to write to the Applicant to advise her of the outcome of its review, in accordance with Council’s ‘Internal Review of Council Decisions Procedure’.”

CARRIED


Moved Cr Jones Seconded Cr Strudwicke

“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, notes that the Chief Executive Officer will give consideration to what action, if any, is required with respect to the investigator’s additional recommendations contained at paragraph 5.5 of the investigator’s report, and take such action as deemed appropriate.”

CARRIED

Cr Strudwicke called for a Point of Order as the content of the debate is in breach of the Code of Conduct for Council Members.

The Mayor accepted the Point of Order.


13475


20 February 2017

17.5 Essential Services Commission of South Australia (ESCOSA) Licensing Policy

Introduction



“that Council, having considered Item 17.5 - Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction, dated 20 February 2017, receives and notes the report”.

CARRIED


Moved Cr Daniele Seconded Cr Strudwicke

“that Council, having considered Item 17.5- Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction, dated 20 February 2017, endorses the Community Wastewater Management System Policy as appended to (Attachment 1) to the report”.

CARRIED

17.6 Asset Management Plan



“that Council, having considered Item 17.6 - Asset Management Plan, dated 20 February 2017, endorses the Asset Management Plan as being suitable for the purpose of releasing for public consultation.”

CARRIED

18. URGENT BUSINESS

Nil


19.1 Legal Services Retainer



“that under the provisions of Section 90(2) and (3)(d) of the Local Government Act 1999, an order be made with the exception of the Chief Executive Officer, General Managers and Minute Secretary, all other persons


13476


20 February 2017

present and the public be excluded from attendance at the meeting in order to consider in confidence a briefing titled:-

19.1 – Legal Services Retainer:

(d) commercial information of a confidential nature (note being a trade secret) the disclosure of which;

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party;

(ii) would, on balance, be contrary to the public interest;

That accordingly, on this basis, the principle that meetings of Adelaide Plains Council should be conducted in a place open to the public has been outweighed by the need to keep discussion confidential”.

CARRIED

19.1



“that, in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999 and on the grounds that Item:-

19.1 – Legal Services Retainer

for Council meeting held on 20 February 2017, was received, discussed and considered in confidence pursuant to Section 90 (3)(d) of the Local Government Act 1999, this meeting of the Council, does order that: (a) the agenda item, report and annexures and any other associated


13477


20 February 2017

information submitted to this meeting and the minutes of this meeting in relation to the matter remain confidential and not available for public inspection until further order of the Council.”

CARRIED

19.2 Gawler River Floodplain Management Authority - Charter



“that under the provisions of Section 90(2) and (3)(h) of the Local Government Act 1999, an order be made with the exception of the Chief Executive Officer, General Managers and Minute Secretary, all other persons present and the public be excluded from attendance at the meeting in order to consider in confidence a briefing titled:-

19.2 – Gawler River Floodplain Management Authority:

(h) legal advice;

That accordingly, on this basis, the principle that meetings of Adelaide Plains Council should be conducted in a place open to the public has been outweighed by the need to keep discussion confidential.”

CARRIED

19.2

19.2


13478


20 February 2017


Moved Cr Picard Seconded Cr Strudwicke

“that in consideration of the GRFMA's resolution adopted in 2016 that it not review the Charter until such time as flood mitigation infrastructure is costed, Adelaide Plains Council takes the view that it is appropriate for the said review to be undertaken now and instructs the CEO to formally table a Notice of Motion at the next meeting of the GRFMA setting out Council's reasons for the request, namely:-

1. Consideration of the charter and percentage rate contributions is

timely ahead of the infrastructure mitigation being costed as the

process remains unfettered; and

2. Adelaide Plains Council, comprising a small ratepayer base, and

limited capacity to pay, by comparison to other member councils,

believe it appropriate that all constituent councils are firmly made

aware of their percentage rate contributions (revised or otherwise) as

early as possible and prior to negotiations taking place with both

State and Federal Government.”

CARRIED


Moved Cr Picard Seconded Cr Strudwicke

“that, in accordance with Section 91(7) and Section 91(9) of the Local Government Act 1999 and on the grounds that Item:-

19.2 – Gawler River Floodplain Management Authority:

for Council meeting held on 20 February 2017, was received, discussed and considered in confidence pursuant to Section 90 (3)(h) of the Local Government Act 1999, this meeting of the Council, does order that: (a) the agenda item, report, annexures and the minutes of this meeting, with the exception of resolution 2017/052, in relation to the matter remain confidential and not available for public inspection until further order of the Council.”

CARRIED


13479


20 February 2017

At this juncture, 9.19 pm Cr Di Troia left the chamber.

At this juncture, 9.20 pm Cr Di Troia returned to the chamber.

20. OTHER BUSINESS

Prior to closing the meeting, the Mayor took the opportunity to again commend staff for the wonderful Mallala Council Chamber refurbishment, following Council’s decision to upgrade the chamber as part of Council’s rebranding initiative.

Elected Members and Management echoed the sentiments of the Mayor following general discussion.

There being no further business, the Mayor declared the meeting closed at 9.27 pm.

Confirmed as a true record.

Mayor: ......................................................................

Date: ____/____/___




Items:


Formal Motion 2017/ 026


“that the motion to consider amending the Council Members Allowances and

Benefits Policy be adjourned until the next meeting of Council”.

CARRIED

Executive Summary

At the 20 February Ordinary Council meeting a formal motion was carried that the matter to consider amending the Council Members Allowances and Benefits Policy be adjourned until the next meeting of Council. The below recommendation of the Governance Advisory Panel is to be considered by the Elected Body. The marked up policy is attached.

Recommendation

Moved Seconded

“that Council endorses the Governance Advisory Panel recommendation and

adopts the Council Members Allowances and Benefits Policy subject to the

following amendments:-

Insert the following as new dot-point three under Clause 4.5:-

“related to attendance at a Council or Council Committee meeting being

an “eligible journey” (as defined in Regulation 3), meetings of regional

subsidiaries held pursuant to Section 43 of the Act and approved LGA

training sessions and any other travel expenses incurred by the member

as a consequence of the member’s attendance at a conference, seminar,

training course or other similar activity which is directly or closely

related to the performance or discharge of the roles or duties of the

member as it is attributable to travel outside the Council area.”


Attachment 1

Council Members Allowances and Benefits Policy


1. Objective This Policy has been adopted to accommodate Section 77(1)(b) of the Local Government Act 1999 (‘the Act’), by specifying the types of expenses that will be reimbursed without the need for specific approval of Council each time a claim is made. It will outline the process for Council Members to obtain reimbursement of those expenses. Council Members are paid an allowance for performing and discharging their functions and duties as a Member of the Council. The role of a Council Member is: (i) to participate in the deliberations and civic activities of Council; (ii) to keep Councils objectives and policies under review to ensure that they are

appropriate and effective; and (iii) to keep Councils resource allocation, expenditure and activities, and the efficiency and

effectiveness of its service delivery, under review. The allowance paid to Council Members under Section 76 of the Act is prescribed by the Remuneration Tribunal. 2. Scope This Policy will cover the payment of an annual allowance to Council Members, the provision of facilities and support and the basis on which these are made available to Council Members. This Policy summarises the provisions of the Act and Regulations in respect to Council Members allowances, the provision of facilities and support, reimbursement of the different types of expenses, the circumstances in which those expenses will be or can be reimbursed and what benefits Council Members receive that must be recorded for the purposes of maintaining the Register of Allowances and Benefits. 3. Policy Statement Council will ensure that payment of Council Member allowances, the reimbursement of expenses, and the provision of facilities and support is accountable and transparent, and in

Council Members Allowances and Benefits Policy

Version Adoption by Council: 16 May 2016 Resolution Number: 2016/150 Current Version: V3.1

Administered by: Chief Executive Officer

Last Review Date: 2016 Next Review Date: 2018

TRIM CON: 12/543 DOC ID: D16/17979

Strategic Outcome 5.1: Effective governance, leadership and teamwork.


accordance with the Local Government (Members Allowances and Benefits) Regulations 2010 (‘the Regulations’). This Policy is underpinned by the following principles: • Council Members should not be out-of-pocket as a result of performing and discharging

their Council functions and duties; • to assist Council Members in performing or discharging their official functions and

duties they are entitled to be provided with a range of necessary facilities and support and to be reimbursed for expenses as specified in this Policy;

• any reimbursements claimed by Council Members must be for expenses actually and necessarily incurred in performing and discharging their official Council functions and duties, which will be assessed according to the role of a Council Member under the Act;

• Council encourages continued relevant professional training and development for Council Members. This is seen as being imperative and necessary in terms of good governance and to the improved performance of their functions and duties; and

• the accountability of the Council to its community for the use of public monies. 4. Specific Provisions / Responsibilities 4.1 Roles and Responsibilities This Policy will apply to all Members of Council, who have an obligation to follow the procedures set by this Policy. Councils Chief Executive Officer (CEO) (or delegate) has the duty to: • maintain the Register of Allowances and Benefits; • initiate an annual review of allowances paid to Council Members for the Councils

consideration and review; and • implementing and monitoring expense reimbursement procedures in accordance with

the Act, Regulations and this Policy. 4.2 Allowances and Reimbursements Council Members are entitled to receive an annual allowance from the Council pursuant to Section 76 of the Act for performing and discharging their official functions and duties. The annual allowances for Council Members are determined by the Remuneration Tribunal of South Australia. These will be adjusted annually in accordance with legislative requirements and by the Consumer Price Index (All Groups Index for Adelaide). The current allowances can be found online at: http://www.remtribunal.sa.gov.au/determinations/local-government-allowances.


http://www.remtribunal.sa.gov.au/determinations/local-government-allowances

An additional allowance in the form of a sitting fee is also payable for Members of Council who are presiding Members of other committees where the Member is not the Mayor or Deputy Mayor or presiding Member of a prescribed committee. Allowances will be paid on a quarterly basis in advance pursuant to Regulation 4(2) of the Regulations. A Council Member is entitled to decline payment of the allowance under Section 76(12) of the Act. Where a Council Member declines payment of the allowance it must be recorded in the Register of Allowances and Benefits. There is no requirement for Council Members to provide evidence to Council of expenditure incurred in respect to the payment of the allowance. 4.3 Travel and Child / Dependent Care In addition to the allowance paid under Section 76 of the Act, Council Members are entitled to receive reimbursement for travelling within the area of Council and child / dependant care expenses associated with attendance at Council and Council committee meetings, in accordance with Section 77(1)(a) of the Act, and Regulation 5 of the Regulations and as detailed below: • reimbursement for travel expenses is restricted to ‘eligible journeys’ (as defined in

Regulation 3) by the shortest or most practicable route and to that part of the journey within the Council area i.e. any travelling outside the Council area in order to attend Council or Council committee meetings is not reimbursable under Section 77(1)(a) of the Act. For reimbursement for travel outside the Council area refer to “Additional Reimbursement, Facilities and Support” below;

• where a Council Member travels by private motor vehicle, the rate of reimbursement is as prescribed by the Australian Taxation Office and can be found at https://www.ato.gov.au/Business/Income-and-deductions-for-business/Business-travel-expenses/Motor-vehicle-expenses/Calculating-your-deduction/Cents-per-kilometre/in Section 82KX (1)(a) of the Income Tax Assessment Act 1936. Travel by taxi, bus or other means of public transport is reimbursed on the basis of expenses ‘actually and necessarily incurred’, but is still limited to ‘eligible journeys’ by the shortest or most practicable route and the part of the journey that is within the Council area;

• reimbursement for child / dependant care expenses actually or necessarily incurred by the Council Member as a consequence of the Council Members attendance at a meeting of Council or Council committee. Child / dependant care is not reimbursed if a relative of the Council Member who ordinarily resides with the Council Member provides the care. A definition of ‘relative’ is contained in Section 4 of the Act; and

• to receive reimbursement for these entitled expenses (travel and child / dependant care) each Council Member is required to complete a Councillor Travelling Claim Form and/or Councillor Dependant Care Claim Form and submit it to the Accounts Payable


https://www.ato.gov.au/Business/Income-and-deductions-for-business/Business-travel-expenses/Motor-vehicle-expenses/Calculating-your-deduction/Cents-per-kilometre/


Officer. For the purposes of administrative efficiency Council Members are requested to submit these forms on a monthly basis.

4.4 Additional Reimbursement, Facilities and Support Additional prescribed expenses incurred by Council Members that are capable of being reimbursed by the Council are expenses that do not fall into the type of prescribed reimbursement outlined above, but may still be expenses incurred in performing or discharging official functions and duties. Section 77(1)(b) of the Act provides that the Council may approve the reimbursement of additional expenses as set out in the Regulations incurred by Council Members, either on a case-by-case basis or under a policy adopted by Council. These additional types of reimbursed expenses should also be distinguished from the payment of allowances by the fact that the allowance is paid without the Council Member needing to make a claim. They can also be distinguished from the reimbursement of entitled travel and child / dependant care expenses associated with attendance at Council and Council committee meetings upon the basis that claims for those types of expenses do not require the Council’s approval, either by a resolution or under a policy because reimbursement of those expenses is specifically mandated by the Act. Regulation 6 of the Regulations sets out the types of additional prescribed expenses that may be reimbursed under Section 77(1)(b) being: • an expense incurred in the use of a telephone, facsimile or other telecommunications

device, or in the use of a form of electronic communication, on the business of Council; • travelling expenses incurred by the Member as a consequence of the Members

attendance at a function or activity on the business of Council; and • travelling expenses incurred by the Member in undertaking an eligible journey to the

extent that those expenses are attributable to travel outside the area of the Council.

Expenses for the care of: (i) a child of the Member; or (ii) a dependant of the Member requiring full-time care.

• incurred by the Member as a consequence of the Members attendance at a function or activity on the business of the Council; and

• expenses incurred by the Member as a consequence of the Members attendance at a conference, seminar, training course or other similar activity which is directly or closely related to the performance or discharge of the roles and duties of a Council Member.


4.5 Travelling Expenses Pursuant to Section 77(1)(b) of the Act the Council approves the reimbursement of a Council Member in travelling: • to a function or activity on the business of the Council; and • in undertaking an eligible journey to the extent those expenses are attributable to travel

outside the area of the Council, • travel related to attendance at a Council or Council Committee meeting being an

“eligible journey” (as defined in Regulation 3), as it is attributable to travel outside the Council area, up to a maximum of 50 km per return journey with the exception of Regional Meetings of regional subsidiaries held pursuant to Section 43 of the Act and approved LGA training sessions;

Council Members will receive reimbursement for expenses incurred in travelling to a function or activity on Council business. The following conditions apply to these expenses: • travel both within and outside the Council area must be incurred by the Council

Member as a consequence of attendance at a function or activity on the business of Council. A ‘function or activity on the business of the Council’ includes official Council functions including Mayoral receptions, opening ceremonies, dinners, citizenship ceremonies and official visits etc; inspection of sites within the Council area which relate to Council or Committee agenda items; meetings of community groups and organisations as a Council appointed representative – but not to attend meetings of community groups or organisations when fulfilling the role of a local representative, and not as a Member of the Board of any such community group or organisation; representatives attending as the proxy will be reimbursed where the Council Member, as the appointed Member, is unable to attend, they will not be entitled to reimbursement where they are attending as an interested party;

• reimbursement is restricted to the shortest or most practicable route; • where a Council Member travels by private motor vehicle, the rate of reimbursement is

as prescribed by the Australian Taxation Office and can be found at https://www.ato.gov.au/Business/Income-and-deductions-for-business/Business-travel-expenses/Motor-vehicle-expenses/Calculating-your-deduction/Cents-per-kilometre/ in Section 82KX(1)(a) of the Income Tax Assessment Act 1936, (this clause relating to (the reimbursement of expenses for travel by private motor vehicle is not applicable for any claim by the Mayor as they have been allocated a Council Fuel Card);

• car parking fees will be reimbursed (where they are a consequence of a Council Member attending a function or activity on the business of the Council); and

• travel by taxi, bus, or other means of public transport will be reimbursed on the basis of being expenses where they are incurred as a consequence of the Member’s attendance at a function or activity on the business of the Council however such travel must still be by the shortest or most practicable route.




4.6 Other Expenses Pursuant to Section 77 (1)(b) of the Act the Council approves reimbursement of: • expenses incurred for the care of a child of a Council Member or a dependent of the

Council Member requiring full time care as a consequence of the Council Members attendance at a function or activity on the business of Council; and

• expenses incurred by the Council Member as a consequence of the Council Members attendance at a conference, seminar, training course or other similar activity that is directly or closely related to the performance or discharge of the roles or duties of the Council Member. Expenses will only be reimbursed for attendance at conferences, seminars, etc which have been approved by Council. Where attendance at the conference, seminar etc is approved for incidentals as per the Council Member Training and Development Policy.

Supporting receipts for all re-imbursement claims must be provided at least monthly to the Accounts Payable Officer in order to validate the claimed reimbursement. Claims for re-imbursement provided to Council three (3) months post the date of attendance may not be accepted by Council. 4.7 Facilities and Support The reimbursement of any other expense not covered by this Policy and prescribed in Regulation 6 must be approved by resolution of Council. In addition to allowances and the reimbursement of expenses, Section 78 of the Act provides that Council can provide facilities and forms of support for use by its Council Members to assist them to perform or discharge their official functions and duties. Council must consider and specifically approve the particular facility and support as necessary or expedient to the performance or discharge of all Council Members official functions or duties. In approving the provision of facilities and support Section 78 requires that any such services and facilities must be made available to all Council Members on a uniform basis, other than those facilities or support specifically provided to the Principal Member set out below. All Council Members are provided with the following: • Ipad. Council has resolved to make available to the Principal Member (and to any acting Principal Member appointed during the Principal Member’s absence) the following additional facilities and support to assist them in performing and discharging their official functions and duties: • Mobile telephone or a phone allowance. • Provision of a Council Fuel Card.


4.8 Reimbursement for Private Use Each Council Member is solely responsible for those facilities released into their care and / or control for the duration of their term in office. All facilities must be returned to Council at the end of each term in office, upon the office of a Council Member becoming vacant, or earlier at the request of the CEO. If the facilities provided to the Council Member are damaged or lost the Council Member must lodge a written report with the General Manager Corporate & Community Services.- Finance and Economic Development. The use of Council facilities, support and / or services by Council Members for campaign or election purposes is not permitted under any circumstances on the basis it is not necessary or expedient to the performance or discharge of a Council Member’s official functions or duties under the Act. 4.9 Expenses and Support Requiring Council Approval Any expenses, additional reimbursements and facilities and support not detailed in this Policy will require the specific approval of Council prior to any expense being incurred, additional reimbursements being paid, benefits being received and facilities and/or support being provided. 4.10 Claims for Reimbursement Council Members are required to provide details of kilometres travelled and/or evidence of expenses incurred to support all reimbursements claimed. All claims for reimbursement must be submitted to the Accounts Payable Officer on the forms provided for this purpose on a monthly basis for the purposes of maintaining the Register of Allowances and Benefits. Reimbursement of expenses will only be paid to a Council Member upon presentation of the form and adequate evidence supporting the claims made. 4.11 Other Benefits Received There is no express interpretation in the Act of the term “benefits” received or provided to Council Members. However, it is common for Council to incur costs or pay for expenses (or provide a non monetary benefit) for the “benefit” of Council Members in the course of, or related to the performance of the Council Members role, functions or duties, as opposed to reimbursing them. Where the Council pays up-front for expenses that would otherwise be reimbursable, or provides Council Members with facilities or services that can be quantified for each Member, these are provided to Members for their “benefit”. For example if a Council Member attends at the ALGA conference in Canberra in November of any year, and the


Council meets all or any of the costs associated with that attendance upfront, that is a “benefit” provided to the Council Member. Another example of a “benefit” is where the Council provides, at its own cost, all Council Members with business cards for their use in performing their official functions and duties. The cost of “benefits’ needs to be quantified for each Council Member (to the extent they can be) on a quarterly basis and recorded in the Register of Allowances and Benefits pursuant to Section 79(1) of the Act as a “benefit” provided to that Council Member. 4.12 What is a “Benefit?” There is no legislative definition that constitutes a “benefit” paid, payable or provided to a Council Member. The term needs to be considered in the context of its use in Section 79(1)(c) of the Act and the general conspectus of Chapter 5, Part 5 of the Act. It is a ‘catch all’ term (in addition to the terms ‘allowances’, ‘reimbursement’, ‘facilities’ and ‘support’) that constitutes expenditure by or on persons in public office made as a result of being a public official (in other words a Council Member). Monies expended are public monies and there is a public interest and element of accountability about recording where monies are expended. 4.13 Register of Allowances and Benefits Pursuant to Section 79 of the Act, the CEO must maintain a Register in which shall be kept a record of: • the annual allowance paid or payable to each Council Member under Section 76 of the

Act; • any expenses reimbursed to a Council Member under Section 77(1)(b) of the Act; and • the details of any other benefits paid or payable to or provided for the benefit of a

Council Member by the Council.

Those reimbursements paid under Section 77(1)(a) of the Act are not required to be recorded in the Register. The CEO is required to record in the Register changes in the allowance or a benefit payable to, or provided for the benefit of, Council Members and the provision of a discretionary reimbursement (Section 77(1)(b) of the Act) or a benefit not previously recorded in the Register. The CEO will update the Register each quarter and therefore each Council Member is required to provide their claim form for reimbursement to the Accounts Payable Officer on the last business day of each quarter.


The Register of Allowances and Benefits is available for inspection by Members of the public, free of charge, at the Councils Principal office during ordinary business hours. Copies or extracts of the Register are available for purchase upon payment of a fixed fee. 5. Related Documents Mayor Travel Log Form Councillor Dependant Care Claim Form Councillor Travelling Claim Form Council Member Training and Development Policy Register of Allowances and Benefits 6. Records Management All documents relating to this Policy will be registered in Council’s Record Management System and remain confidential where identified. 7. Document Review This Policy will be reviewed annually to ensure legislative compliance and that it continues to meet the requirements of Council its activities and programs. 8. References Income Tax Assessment Act 1936 Local Government Act 1999 Local Government (Members Allowances and Benefits) Regulations 2010 9. Further Information Members of the public may inspect this Policy free of charge on Council’s website at www.apc.sa.gov.au or at Council’s Principal Office at:

2a Wasleys Rd, Mallala SA 5502 On payment of a fee, a copy of this policy may be obtained. Any queries in relation to this Policy must be in writing and directed to the Governance Officer.


http://www.apc.sa.gov.au/

MAYOR TRAVEL LOG FORM - UTILISING COUNCIL FUEL CARD Month:………………………………………………….

Day Date PURPOSE OF ELIGIBLE JOURNEY

Council Business - Meeting/Function (including address of destination) Km/s within

district Maximum return

trip 50kms Km/s outside

district e.g.Thursday e.g.26/11/15 Special Council Meeting – Mallala Council Chambers, Redbanks Rd Mallala 15 0

Total Travel Log Expenses Declaration

I, ........................................................................... declare that the above travel expenses were incurred by me for entitled and Council approved related business. SIGNED ....................................................................................................................................DATE…………………………………...................................


6. OPEN FORUM


Items:

6.1 Open Forum Speakers


8. MAYOR’S REPORT


Items:

Activities and Meetings attended

8.1 Meetings Attended and / or Discussions Held –Mayor Flaherty (CON12/1199)


9 MINUTES AND/OR RECOMMENDATIONS


Items:



No Minutes


No Minutes

9.3 Audit Committee



No Minutes


No Minutes


No Minutes


No Minutes


Minutes of Meeting held 8 March 2017


9.3 Audit Committee


Items:

9.3 Minutes of meeting held 17 February 2017


38

Audit Committee Meeting

17 February 2017

MINUTES

of

Audit Committee Meeting of the

Pursuant to the provisions of section 88 (1) of the

Local Government Act 1999

HELD IN

Council Chambers Old Port Wakefield Road

Two Wells

on

Friday, 17 February 2017


39


17 February 2017

The Chairman formally declared the meeting open at 10.30 am

1. ATTENDANCE

1.1 Present Chairman John Comrie Mr Peter Fairlie-Jones Mayor A J (Tony) Flaherty OAM Cr Stephen Jones

Also in attendance for the meeting: General Manger – Finance & Economic Development Mr Rajith Udugampola General Manager – Infrastructure Mr Martin Waddington

General Manager – Governance & Communications Ms Sheree Schenk Minute Secretary Ms Andrea Humphrys

1.2 Apologies

Cr Melville Lawrence 1.3 Not Present / Leave of Absence

Nil 2. CONFIRMATION OF MINUTES

2.1 Committee Resolution 2017/ 001

Moved Mayor Flaherty Seconded Peter Fairlie-Jones

“that the minutes of meeting held on Thursday 15 December 2016 (MB Folios 34 to 37, inclusive), be accepted as read and confirmed.”

CARRIED

3. BUSINESS ARISING

3.1 No Business Arising

4. REPORTS

4.1 Rate Revenue and Employee Numbers

Committee Resolution 2017/ 002

Moved Cr Jones Seconded Peter Fairlie-Jones

“that the Audit Committee, having considered Item 4.1 - Rate Revenue and Employee Numbers, dated 17 February 2017,

1. receives and notes the report;

2. notes that it appears that Adelaide Plains Council staffing is not low in comparison to other councils;


40


17 February 2017

3. Requests a further report be provided to the Audit Committee considering factors such as:-

suitability of comparative councils;

analysis of comparability of key differences of services provided and methods of delivery (e.g. activities undertaken by contract);

inside and outside staff numbers;

difference in service levels (operational and environmental factors including growth); and

opportunities for productivity improvement.”

CARRIED

4.2 2017/2018 Annual Business Plan, Budget and 2018-2027 Long Term Financial Plan Development Framework


Moved Peter Fairlie-Jones Seconded Mayor Flaherty

“that the Audit Committee having considered Item 4.2 – 2017/2018 Annual Business Plan, Budget and 2018-2027 Long Term Financial Plan Development Framework, dated 17 February 2017:-

1. supports the following budget parameters and assumptions for consideration in the preparation of draft 2017/2018 Annual Business Plan and Budget:-

The Recurrent Operating Budget be prepared based on

“business as usual”;

Maximum Material, Contracts and Other Expenses cost

escalation be set at 2.60% in the absence of any other reliable

way of estimating “Materials, Contracts and Other

Expenses”;

Wages and Salaries increases to be determined following the

finalisation of a new Enterprise Bargaining Agreements;

Fees and charges not set by Legislation and decided by the

Council be increased by 2.60% at a minimum;

New Capital Projects to be considered and approved within the

constraints of the Long Term Financial Plan (LTFP);

New services and one off projects to be funded through Rate

Revenue increases, grants or by expenditure savings;

New capital projects are funded through a mixture of rate


41


17 February 2017

increases, expenditure savings, grant funding and

borrowings;

Council continue to review its operations to identify costs

savings and productivity improvements, and

2. Draft Annual Business Plan for 2017/2018 and an updated LTFP be

presented to the Audit Committee prior to adoption by Council.”

CARRIED

4.3 Audit for Year Ending 30 June 2016 – Management Letter


Moved Peter Fairlie-Jones Seconded Mayor Flaherty

“that the Audit Committee, having considered Item 4.3 - Audit for Year Ending 30 June 2016 - Management Letter, dated 17 February 2017, receives and notes the report and advice from the General Manager Finance and Economic Development, and in particular notes:-

1. that Council has received a qualified audit report for its financial statements for 2015-2016, as a result of concerns regarding reconciliation of fixed assets and that staff will address this matter with the objective of receiving an unqualified report for 2016-2017;

2. that Council has received an unqualified audit reporting regard to its Internal Controls. Some concerns were identified and reported and staff will progressively address these throughout 2016-2017; and

3. Items to be included on the updated Works Program regarding progression of the above.”

CARRIED

4.4 Audit Committee Resolutions


Moved Peter Fairlie-Jones Seconded Cr Jones

“that the Audit Committee, having considered Item 4.4 – Audit Committee Resolutions, dated 17 February 2017, receives and notes the report.”

CARRIED


No Confidential Items


42


17 February 2017

6. GENERAL BUSINESS


Moved Cr Jones Seconded Peter Fairlie-Jones

“that an updated Work Program be included on the next Audit Committee Agenda.”

CARRIED


Moved Mayor Flaherty Seconded Cr Jones

“that a brief report be presented to the Audit Committee on Council’s policies, processes and performance with regards to the current outstanding rate property debts.”

CARRIED

7. NEXT MEETING

7.1 Monday, 10 April 2017 – time to be confirmed

8. CLOSURE

There being no further business, the Chairman declared the meeting closed at 11.45 am.

Confirmed as a true record.

Chairman: ......................................................................

Date: ____/____/___




Items:

9.8 Minutes of meeting held 8 March 2017


MINUTES OF MALLALA & DISTRICTS HISTORICAL COMMITTEE MEETING OF THE ADELAIDE PLAINS COUNCIL MALLALA

MUSEUM, ON WEDNESDAY MARCH 8TH. 2017 AT 7.00PM.

1. ATTENDANCE 1.1 Members present – Laura Parsons, Sharon Svetec, Margaret Tiller, Maxine Varcoe, Chris Young, Marcus Strudwicke, Bob Bevan, Brian Verrall, Jim East & his chauffeur Susie. 1.2 Member’s apologies - Gwenda Griffiths & Prue Mosman. 1.3 Members absent – nil.

2. CONFIRMATION OF MINUTES 2.1 Moved Sharon Svetec that the minutes of meeting held on February 8th. 2017 be accepted as read & confirmed – 2nd. Chris Young, carried.

3. BUSINESS ARISING – See General Business.

4. REPORTS 4.1 Financial Report – prepared by Adelaide Plains Council – moved Margaret Tiller that the report be accepted, 2nd. Bob Bevan, carried.

5. CORRESPONDENCE – see separate report. Moved Laura Parsons that we receive & note the Correspondence – 2nd. Sharon Svetec, carried.

6. GENERAL BUSINESS 6.1 Monthly meeting date – after some discussion, it was proposed by Margaret Tiller that these now be held on the first Wednesday in each month, 2nd. Maxine Varcoe, carried. 6.2 Recent Donations - Gwenda has written to Geraldine Clough [nee Scholar] who donated the hall table in memory of her parents Mr. & Mrs Leslie Scholar. Geraldine is compiling a history of the Scholar family [former residents of Mallala] Our Museum will receive a copy when completed, together with copies of photos of her husband & his brother, whose names appear on our Mallala WW2 Honour Roll. Maxine presented a framed example of heavy gauge fence wire showing various farmer’s knots. John Lush has donated a Pinery Fire painting plus a lump of melted aluminium which was part of a header. 6.3 History Month May 2017 – Bushfire exhibition – Marcus reports that we have good material on the 1948 fire but need more on the Pinery fire. The display panels will be set up in the Men’s Shed & the display will be on every Sunday in May plus Wednesday May 24th. 6.4 Agricultural Shed – progress on concrete flooring – excavation of the floor has been done & is nearly ready for the steel reinforcing. A stocktake of items will need to be done prior to replacing the items. 6.5 Marcus reported on an enquiry from the son of Hubert Murven Evans, who is buried at Feltwell Cemetery.

[cont’d]


-2-

7. VISITS & DIARY DATES UPCOMING 2017 March Wednesday 22nd. Horizon Christian School – arrive 9.45 am. 22 students – ages 7-8 year 2. Members available – Marcus, Sharon, Gwenda, Chris & Margaret.

May Tuesday 16th. – Hewett Primary School – 3 classes of year 1 & 2 – 75-80 students in total – morning & afternoon groups. More detail to be obtained on arrival times etc.

September Thursday 21st. R & S Valiant Car Club – arrive 11.00am.- 100 members – require morning tea.

8. THANK YOUS 8.1 To the great job done shifting the agricultural implements – Greg Tucker, Brad Griffiths, Peter Luxton, Frank Svetec, Roger Davies, Kevin Jarmyn, Jim Franks & Ian Stuart. 8.2 To Paula Algar for her ongoing diligent work on data entry & digitising.

Meeting closed at 8.30pm.

Next meeting will be on Wednesday April 5th. 2017 at 7.00pm.

SUNDAY ROSTER 2.00PM TO 4.30PM.

Sunday March 12th. Bob Bevan Marcus Strudwicke

“ “ 19th. Laura Parsons Lucy Vanzini

“ “ 26th. Chris Young Peter Luxton

“ April 2nd. Prue Mosman Rosemary Jenkin

“ “ 9th. Sharon Svetec Frank Svetec

“ “ 16th. Maxine Varcoe Tom Varcoe

“ “ 23rd. Bob Bevan Marcus Strudwicke

“ “ 30th. Laura Parsons Gwenda Griffiths

oooooooooOOOOOOOOOooooooooo




Items:








Items:

10.1 Minutes of meeting 16 February 2017


GAWLER RIVER FLOODPLAIN MANAGEMENT AUTHORITY

Adelaide Hills Council Adelaide Plains Council

The Barossa Council Town of Gawler

Light Regional Council City of Playford

Address: Mobile: Email: Website

266 Seacombe Road SEACLIFF PARK SA 5049 0407717368 [email protected] gawler.sa.gov.au/grfma

M I N U T E S

Committee Gawler River Floodplain Management Authority

Held On Thursday 16 February at 9.45 am

Location Kapunda

WELCOME

Mr Ian Baldwin formally welcomed Board Members, Deputy Board Members and the new Executive Officer and opened the ninety fourth meeting of the Board.

PRESENT

Mr Ian Baldwin, Independent Board Member, Chair Cr Malcolm Herrmann, Adelaide Hills Council, Board Member Mr Marc Salver, Adelaide Hills Council, Deputy Board Member Mr Brian Carr, Light Regional Council, Board Member Cr William Close, Light Regional Council, Board Member Mayor Bob Sloane, The Barossa Council, Board Member Mr Gary Mavrinac, The Barossa Council, Board Member Mr Sam Dilena,, Gawler Council, Board Member Cr A Shackley, Gawler Council, Board Member Cr Denis Davey, City of Playford, Board Member Mr Mal Hemmerling, City of Playford, Member Mr David Hitchcock, Executive Officer

APOLOGIES

Cr Anne Picard, Adelaide Plains Council, Board Member Mr James Miller, Adelaide Plains Council, Board Member Mr Andrew Philpott, Light Regional Council, Deputy Board Member


GRB 17/001 Minutes of the previous meeting 8/12/16 Moved: Cr Davey Seconded: Mr G Mavrinac

That the Minutes of the previous Gawler River Floodplain Management Authority meeting held on Thursday, 8 December 2016 as per copies supplied to members, be adopted as a true and correct record of that meeting.

CARRIED Note. In relation to minute 16/0058 and 16/0059. Principally regarding 16/0059 that the appointment of an industry representative to the Technical Assessment Panel shall be determined as an observer (without voting rights), as intended in the separate motion 16/0058

GRB 17/002 Minutes of the previous meeting 22/12/16 Moved: Cr Herrmann Seconded: Cr Davey

That the Minutes of the previous Gawler River Floodplain Management Authority meeting held on Thursday, 22 December 2016 as per copies supplied to members, be adopted as a true and correct record of that meeting.

CARRIED

GRB 17/003 Minutes of the GRFMA Technical Panel meeting 30/1/17 Moved: Cr Herrmann Seconded: Mr M Hemmerling

That the Minutes of the GRFMA Technical Assessment Panel meeting held on Monday 30 January 2017 be received.

CARRIED GRB 17/004 SA Extreme Weather Event Moved: Mr M Salver Seconded: Mr G Mavrinac

That the Executive Officer write to the SA Premier advising the GRFMA note recommendation 22 of the Independent Review of the SA Extreme Weather Event and requesting that the GRFMA be formally consulted in any review and development of policy in relation to responsibilities for levee management and flood mitigation; and so that the State Government are aware of the GRFMA undertakings in floodplain management strategies.

CARRIED


GRB 17/005 Storm Water Management Authority – Funding Claim Moved: Mr S Dilena Seconded: Cr W close

That the GRFMA:

1. Endorses application to the Storm Water Management Authority for funding of $86,438 for further work undertaken in response to state and community requests for more technical information and assessment of data against the September 2016 Extreme Weather event; and

2. Receives an update on outcome of the claim at the 20/4/17 GRFMA meeting. CARRIED

GRB 17/006 Access to Bruce Eastick North Para River Flood Mitigation Dam Moved: Mr B Carr Seconded: Mr M Hemmerling

That the GRFMA:

1. Note the report: 2. Receives a verbal update on access issues; 3. Endorses action taken by the Executive Officer to give public notice of closure

of Right of Way over private property, located at 208 Sturt Highway and Kemp Road Kingsford, to the Bruce Eastick North Para Flood Mitigation Dam;

4. Authorises the Executive Officer to; a. facilitate a survey revisit to locate and identify the Right Of Way

boundaries; b. liaise with the LGA Mutual Liability Scheme to ascertain what extent of

authority does the GRFMA have in undertaking earthworks and roadway repairs on the Right of Way.

c. facilitate appropriate action to establish cost estimates to undertake a short term repair to the “upstream” Right of Way access to make safe and accessible so as to enable, as a priority, removal of flood debris from the trash rack.

5. Requests that the Executive Officer to subsequently provide email advice to Board Members of the relevant cost estimates obtained in 4(c) prior to any approval to undertake the works is given.

CARRIED

GRB 17/007 Bank Signatory .

Moved: Mr M Hemmerling Seconded: Mr G Mavrinac

That the GRFMA:

1. Authorise the Executive Officer, David Hitchcock and Board Member Cr Denis Davey as new signatories to operate on Bank SA account 101248140 in the name of the Gawler River Floodplain Management Authority; and

2. Revokes the previous authority for Mr Dean Gollan and Cr C Muzyk as


signatories to operate the account; and 3. Requests the Executive Officer to review all current bank signatures as a

general review. CARRIED

GRB 17/008 Executive Officer- General Report

Moved: Cr A Shackley Seconded: Mayor B Sloane

That the GRFMA

1. Authorises the Executive Officer to purchase a gift, up to value of $100, in recognition of service for Mr Dean Gollan (previous Executive Officer); and

2. Invite Mr Gollan to the 20/4/17 GRFMA meeting for a morning tea presentation. CARRIED

Meeting Adjourned at 11.10 am for morning tea.

Mr M Salver left the meeting at this time.

Meeting recommenced at 11.35 am.

GRB 17/009 Technical Assessment Panel Terms of Reference Moved: Mr M Hemmerling Seconded: Mr S Dilena That the GRFMA endorse and adopt the Technical Assessment Panel Terms of Reference with the following additions;

1. The GRFMA Chair shall be the Chair of the Technical Assessment Panel; and 2. The Panel Chair shall appoint a proxy chair to act where the Chair is unavailable

to attend meetings.

CARRIED GRB 17/010 Technical Assessment Panel – members Moved: Mr Mr G Mavrinac Seconded: Cr W Close That the GRFMA appoint Mr Braden Austin (City of Playford) and Mr Matt Elding (Barossa) as the two constituent council Technical Assessment Panel representatives

CARRIED UNANIMOUSLY

GRB 17/011 Public excluded from attendance - In Confidence


Moved: Mayor B. Sloane Seconded: Cr M Herrmann

That under the provisions of Section 90(2) of the Local Government Act 1999, an Order be made that the public be excluded from attendance at the meeting in order to consider in confidence agenda item 7.2 Gawler River 2016 Flood Review Preliminary Report excepting the following persons:

• Executive Officer; and • Deputy Board Members

And Further; That the GRFMA Board is satisfied that it is necessary that the public be excluded to enable the Board to receive, discuss or consider the report at the meeting on the following ground/s: Section 90(3)(d)&(e) information the disclosure of which—

(i) could reasonably be expected to prejudice the commercial position of the person who supplied the information to the Council where the disclosure of it would, on balance, be contrary to the public interest, and (ii) matters affecting the safety of any person;

And Further That accordingly, on this basis, the principle that meetings of the GRFMA Board should be conducted in a place open to the public has been outweighed by the need to keep the information and discussion confidential.

CARRIED

Discussion was undertaken regarding responses to the Item 7.2 Gawler River 2016 Flood Review Preliminary Report.

GRB 17/013 out of confidential Moved: Cr M Herrmann Seconded: Mr M Hemmerling

That the GRFMA having considered this matter in confidence under Section 90(2) and 90(3)(d)&(e) of the Local Government Act 1999, makes an order pursuant to Section 91(7), that the attachments and details of documents of the confidential Minutes of the meeting held on 16 February 2017, Item 7.2 Gawler River 2016 Flood Review Preliminary Report which was considered in confidence pursuant to Section 90(3)(d)&(e) remain confidential until the next annual review in June 2017 ;

And Further; The Executive Officer be authorised to publicly release the Gawler River 2016 Flood Review Preliminary Report, including the minute in relation to the GRFMA decision on recommendations contained within the Gawler River 2016 Flood Review Preliminary Report.

CARRIED GRB 17/012 Gawler River Flood Management


Moved: Mayor B Sloane Seconded: Mr S Dilena

That the GRFMA

1. Notes general support from constituent councils for further development of Gawler River Flood Management options for a 20 ARI and 100 ARI and further detailed design and costing for the;

a. proposed Gawler River northern floodway, b. upgrade and maintenance of the levee system and c. management of silt and pest vegetation;

2. Recognises that delivery of a long term and sustainable solution to mitigation of flooding in the Gawler River flood plain will require engagement with and resource commitment from all three spheres of government (Local, State, Federal) and other funding partners and beneficiaries; and

3. Requests, the Independent Chair and the Executive Officer, as a matter of priority to provide a copy of the draft Gawler River 2016 Flood Review report and recommendations to;

a. Senator the Hon Anne Ruston, Assistant Minister for Agriculture and Water, as a First Stage budget cost indication for implementation of Gawler River Flood Management actions (noting that further work to establish the job specification is required to facilitate ground truthing of potential works and provide more specific identification of associated costs) and to initiate discussion/negotiation for potential funding for the works identified.

b. Ian Hunter MLC, Minister for Sustainability Environment and Conservation, Minister for Water and River Murray to confirm the above and to further engage and work with the State Government to identify and further develop the most appropriate solution designs, costings and funding mechanisms required by Local, State and Federal Governments and other funding partners and beneficiaries;

4. Reserves right of approval for any designs and funding commitments until they are formally considered at a subsequent meeting of the GRFMA.

CARRIED

Mr Brian Carr, Mr M Hemmerling and Mr G Mavrinac left the meeting at 1.05pm

GRB 17/014 Southern Floodout Option Moved: Cr A Shackley Seconded: Cr D Davey

That the information provided by Mr G Fisher ,Director Australian Water Environments and dated 14/2/2017, in response to query on the Southern Floodout Option, also be made available for public release.

CARRIED The Chair thanked the Light Regional Council for hospitality as host and noted the next Ordinary Board Meeting will be held 9.45am on Thursday 20 April 2017 , Adelaide Hills Council . Venue RSL meeting room at the Gumeracha Civic Centre.




Items:

10.2 Minutes of meeting held 17 February 2017


Minutes of Ordinary Meeting held:

17th February, 2017

Clare Aerodrome, 90 RM Williams Way, Clare, South Australia, 5453

The meeting was declared open by the Chair at 10:03 am on 17th February, 2017 at the Clare

Aerodrome, Clare.

1.0 Meeting Preliminaries

Present

Mayor Bob Sloane (Barossa), Mayor Cynthia Axford (Barunga West), Mayor Allan Aughey (Clare and

Gilbert Valleys), Mayor Peter Slattery (Flinders Ranges), Mayor Peter Mattey - Chair (Goyder), Mayor

Bill O’Brien (Light), Mayor Colin Nottle (Mount Remarkable), Mayor Denis Clark (Northern Areas),

Mayor John Rohde (Port Pirie), Mayor Rodney Reid (Wakefield), Mayor Ray Agnew (Yorke Peninsula)

In Attendance

Mr Martin McCarthy (CEO Barossa), Mr Andrew Cole (CEO Barunga West), Mr Roy Blight (CEO

Clare & Gilbert Valleys), Mr Colin Davies (CEO Flinders Ranges), Mr Wayne Hart (CEO Mount

Remarkable), Mr Colin Byles (CEO Northern Areas), Mr David J Stevenson (CEO Legatus Group),

Paul Kennedy (Procurement Officer Legatus Group)

Guests

Mr Adam Wilson – CEO ESCOSA

Dr Tony Lian-Lloyd – Chairman Rural Doctors Association

Ms Emma Bradbury – CEO Murray Darling Association

Mr Stephen Smith – Policy Director LGA

Ms Kelly-Anne Saffin – CEO RDAYMN

Ms Alex Hart – Office of Local Government

Mr Dylan Strong – Planning Manager DEWNR

Apologies


Mayor Paul Thomas (Copper Coast), Mr Peter Harder (CEO Copper Coast), Mr Griff Campbell

(Acting CEO Goyder), Mr Brian Carr (Light), Mayor Tony Flaherty (Adelaide Plains), Mr James Miller

(CEO Adelaide Plains), Chair Kathie Bowman (Orroroo/Carrieton), Mr Stephen Rufus (CEO

Orroroo/Carrieton), Mayor Ruth Whittle (Peterborough), Mr Peter McGuiness (CEO Peterborough),

Dr Andrew Johnson (CEO Port Pirie), Mr Jason Kuchel (CEO Wakefield), Mr Andrew Cameron (CEO

Yorke Peninsula), Mr Trevor Naismith (Regional Manager DEWNR), Mr Eric Sommerville (Presiding

Member NRM Board)

1.1 Authorisation pursuant to Clause 3.6.16 of the Charter and section 90(2) and

90(2)(e) of the Local Government Act 1999.

The Chairman asked the agenda be varied and authorisation was sought from the meeting pursuant to Clause 3.6.16 of the Charter and section 90(2) and 90(2)(e) of the Local Government Act 1999.

Motion: That the Mayors be presented with an extraordinary item of business in confidence pursuant to clause 3.6.16 of the charter.

Moved: Mayor Peter Slattery Seconded: Mayor Cynthia Axford

1.1.1 Resumption of the Open to the Public Meeting

The Chairman advised the meeting the CEO of the Legatus Group Mr David Stevenson had tendered

his resignation and was to take up the role as the CEO of the Regional Council of Goyder.

Motion for the resumption of the open public meeting

Moved Mayor Colin Nottle Seconded Mayor Rodney Reid UNAMIOUSLY CARRIED

1.2 Welcome to Region

The Chairman invited Mayor Aughey to provide an overview of the Clare & Gilbert Valleys Council

region and the significance of the meeting venue.

Mayor Aughey detailed the influence of the Clare Aerodrome in providing the opportunity for early

aerial intervention in regional bushfires and the importance of the resulting timely fire control.

Clare used to be known as The Garden of the North and this is a reputation that the Community

prides itself on maintaining.

And like a flourishing garden, the region contains a vast bloom of constituents who contribute to the

colourfulness that is the Clare and Gilbert Valleys.

The Council acknowledges its responsibility to nurture the seeds of its garden to ensure an ongoing,

healthy and vibrant community for many years to come.

The role that Legatus Group plays within this region was also recognised, as well as the contributions

from both the State and Federal Governments.

There is an ever-increasing interest from outside of the State in organisations becoming involved in

Mayor Aughey’s garden through the purchase of vineyards and food producing holdings, ensuring that

the CGVC region increases its standing as a quality food production area for both Australia and the

world, and Mayor Aughey welcomed the meeting attendees to this flourishing environment.


1.3 Confirmation of Previous Minutes

Motion: That the minutes of the previous Legatus Group Ordinary Board Meeting be taken as read

and confirmed

Moved: Mayor Colin Nottle Seconded: Mayor Ray Agnew CARRIED

1.4 Business Arising Not Otherwise on the Agenda

An expenditure summary was documented in the Agenda for information on the Mobile Blackspot

Funding that had been provided to date on a national basis.

499 base stations had been identified as part of this program, 11 of which are in South Australia.

$459 million has already been spent in Round 1 funding, although it is acknowledged that South

Australia has yet to be the beneficiary of any capital amount.

The Chairman noted that this was a point that required follow up to ensure a level of equity was

achieved by South Australia.

The CEO invited Stephen Smith of the LGA to comment.

Stephen Smith confirmed to the meeting that the topic of Mobile Black Spot funding had been raised

by the LGA directly to the Premier, who is of the opinion that this is very much a Federal issue.

It was suggested that SAROC may be the appropriate forum to raise a business case and address the

many business and tourism issues that arise from the lack of mobile phone coverage in particular areas.

Mayor Peter Slattery, Mayor Denis Clark, Mayor Cynthia Axford and Martin McCarthy all provided

examples of where the Black Spot funding was not providing a solution, but in fact widening the

problem.

1.5 Guest Speakers

Mr Adam Wilson – CEO of the Essential Services Commission of SA

The Essential Services Commission of South Australia (ESCOSA) is an independent statutory authority

with regulatory functions in a range of essential services including water, sewerage, electricity, gas, rail

and maritime services.

ESCOSA reports directly through to the Treasurer and today’s overview will focus on the smaller

scale water installations that our Member Councils are involved with and the range of efficiency

improvements that have been identified to better streamline the operations.

ESCOSA has 23 staff and 5 Commissioners and an essential component of its makeup is the

requirement to have good collaborative relationships with all its stakeholders.

As the key industry regulator, it is the CEO’s firm view that ESCOSA is not there to physically run

businesses, but to create the environment where work can be undertaken by the most efficient means

possible.

There must also be a sufficient level of economic regulation to best assure consumers they are

receiving the necessary protection against misuse by a monopoly power.


The Utility market is changing rapidly, with the pace of change and the uptake of new technology

moving faster than Government regulation can keep up with.

Consumer expectations are also increasing rapidly whilst at the same time, consumer confidence in

the providers is diminishing.

ESCOSA need to continually assess the viable lifecycle of the various levels of infrastructure to ensure

that optimum performance levels are maintained along with the appropriate level of investment.

ESCOSA have initiated a formal inquiry into how they can better set up the regulatory regime for

small utility services to ensure that it meets customer needs and adds the minimum level of regulatory

intervention.

As part of the inquiry, ESCOSA will be back in the region in May to conduct workshops with Member

Councils.

Questions about the state of electricity supply were then put forward by Mayor Allan Aughey, Mayor

Bill O’Brien, Mayor Ray Agnew and the Chairman.

Dr Tony Lian-Lloyd – Regional Representative Rural Doctors Association SA

Dr Lloyd provided a passionate overview about the general erosion of health services in rural areas.

On 15th March 2017 at 7.30pm there is a Health Forum being held in Quorn to address issues that

pose a threat to Rural Hospitals, particularly in the smaller to mid-size communities.

The forum will invite a range of State Politicians, members of a range of Health Advisory Councils and

interested Councils to attend.

In 2007 the Chief Medical Officer of Country Health SA forecast that in ten years there would be no

acute care beds in 47 country hospitals.

This brought about a groundswell of public opinion in opposition to the cuts and that constituent

emotion has not abated.

There is a health proposal being developed to install cameras into some regional hospitals to allow a

doctor in Adelaide to video assess country patients in order to save on regional medical appointments.

Mayor Peter Slattery will be the Chair of the meeting on 15th March 2017 and Dr Lian-Lloyd requested

the attendance of, and contribution from Legatus Group on behalf of the Member Councils.

Mayor Denis Clark is the Local Government Representative on the Health Performance Council

Review and confirmed his planned attendance at the meeting, and also encouraged other Member

Councils to attend due to the importance of the issue for the region.

Mayor Ray Agnew also commended the support of the Health Forum.

The Chairman commented that Legatus Group should very much be represented at the Health Forum

although a conflicting schedule of a SAROC Board Meeting in Adelaide will need to be taken in to

consideration.

Mayor Allan Aughey suggested that the Legatus Group could tender a statement to be read out at the

Health Forum meeting, however this will be finalised outside of this meeting.

Ms Emma Bradbury – CEO Murray Darling Association.


Set out below is the summary Power Point presentation of the Murray Darling Basin 2017 Strategic

Plan and call to action for Communities and Councils.

2017 - Legatus

Group SA (1).pdf(Attached)

Mayor Colin Nottle represented the strong interest that his Council has in the responsible water use

within the region and queried whether the MDA had investigated the accessing of water from the

north of Australia.

Mayor Denis Clark suggested that Legatus Group will discuss the merits of seeking a group

membership of the Association during the course of this Ordinary Meeting.

Mayor Ray Agnew departed the meeting at 12.15pm

The Chairman adjourned the meeting for lunch at 12.20pm.

The Chairman reconvened the meeting at 12.56pm and recommended to the meeting the

Stakeholders reports be brought forward to allow them some appropriate travelling time to return to

Adelaide.

Ms Alex Hart – Office of Local Government

Updated the meeting on the current discussions around the need for Councils to reintroduce property

franchise details as a part of the election process. The upcoming Elections

Bill will be proposing that the property franchise requirements will not be introduced.

The Local Government Boundary Adjustment Amendment Bill was introduced into Parliament in

November 2016 and reviews the requirements for the level of Council agreement when undertaking

developments that neighbour other Councils.

This is not proposed to be introduced until the beginning of 2019.

Draft regulations around the Code of Conduct are now being constructed.

The reinstatement of CWMS funding for a further ten-year period is currently being proposed. The

scheme has been viewed as efficient and successful so the Minister is enthusiastically pursuing a renewal

of the agreement.

Mayor Bill O’Brien sought clarification regarding State electoral boundaries and the role of the

Electoral commission.

Ms Kelly-Anne Saffin – CEO RDAYMN


Provided further clarity around the mobile telecommunication black spots funding and how Optus

have been given funding over Telstra, with the unintended consequence of disadvantaging the Telstra

customers, which are in the majority.

Round three funding is imminent and the responsibility for progressing the interests of our region will

be handed over to Legatus Group to undertake.

There was a survey completed within the region that nominated post the September weather event

and subsequent outages, the damage to local businesses with no telecommunications was

commensurate with the impact of having no electricity.

The Building Better Regions funding applications are due for submission on 28th February, 2017 and

there will be 30 applications put forward.

The Productivity Commission recently visited our region and advised that there is a significant

Commonwealth focus on our area and the opportunity for infrastructure projects and initiatives such

as the relocation of suitable Public Services to regional areas.

The RDA Board has identified around 60 agricultural value adding opportunities to investigate further

and will publish the details over the coming months.

Mr Stephen Smith - Policy Director LGA

The LGA are progressing with the public lighting initiative and have taken the case to the Premier with

the objective of seeking legislative reform.

Rate capping is another initiative that the LGA are progressing and a 12-month campaign has been

formulated to further this endeavour.

A three-part approach will be undertaken that comprises:

- Education

- Mobilisation and engagement with the ratepayers

- Deal with the active opposition

Stephen thanked the Member Councils for his invitation as this is his first opportunity to visit the

region.

The LGA Directors are planning to rotate the meeting attendances to ensure that there is a continuing

range of wide representation which will result in a better understanding of regional issues.

Mayor Colin Nottle provided a commentary about the communication challenges that Councils are

facing due to the ongoing negative media publicity surrounding Councils in general.

Mayor Denis Clark suggested that the Legatus Group invite the LGA President and CEO to our next

ordinary meeting.

Mr Dylan Strong – Community Planning Manager DEWNR

Dylan offered apologies on behalf of Eric Somerville and Trevor Naismith who are in Adelaide

presenting to the Parliamentary Natural Resources Committee.


A major focus has been the handover of the TAFE SA Campus in Clare to DEWNR, who have acquired

ownership of the facility.

Due to the age and heritage significance of the building, there are a raft of maintenance issues that

require addressing and a broad range of project plans have been developed to reinstate the facility and

grounds to an appropriate standard.

DEWNR have now relocated there, as have PIRSA and it is the intention to welcome both Legatus

Group and RDAYMN in due course, with TAFE SA staying on in a reduced capacity.

The vision of the complex is to create a multi-purpose facility which is the first true natural resources

centre to be established in South Australia.

The culmination will be a one stop shop for the general community to access a broad range of

Government Services, all of which will be interacting together on the one site.

There is a Country Cabinet being held in our region in early April and it is planned for the Premier to

attend the site and formally launch and open the new hub.

DEWNR have also established an office on the Yorke Peninsula, co-locating with the Yorke Peninsula

Council in Minlaton.

There are a range of Forums being developed between DEWNR and Legatus Group that will cover

training of Council Staff on key issues, a Coastal Land Management Strategy and a region wide weed

management strategy.

The Regional Strategic Plan for NRM is currently under review and has been expanded to include

community input and consider a range of socio economic factors.

Mayor Denis Clark provided a commentary around the apparent reduction in roadside weed control

by the NRM over the past few years and noted that this issue needs to be a made a priority.

The CEO responded that this is a common problem with our Member Councils and it is our intention

to develop a broad weed management strategy to address the issue.

Zone Emergency Management Committee

The Chairman invited the CEO to present an update of the Yorke and Mid North Zone Emergency

Management Committee meeting that was held on 16th February 2017 in Port Pirie and attended by

Andrew Cole (CEO Barunga West).

- The Burns Report into last year’s state-wide blackout contains recommendations that will require

attention by the Zone Committees.

- SAPOL Superintendent Scott Denny reported that several strategic fuel stations have now installed

backup generators and they are in Port Pirie, Gladstone and Port Wakefield.

- A Local Government Disaster Toolkit has been distributed for comment by the LGA.

- A new communications system is now in place – ‘X-Matters’ – and all Councils should have their

key contacts supplied to Scott Lochiel at the LGA.

It is appropriate to note that this system is being managed by Optus and not Telstra.

2.0 Chairman’s Report


The Chairman updated the meeting with the current progress of Rubble Royalties.

The Chairman and the CEO have held another meeting with Todd Hacking of the CCAA and the

discussions are positive and appear to be concluding.

The final point under review is the rehabilitation of the rubble pits where the CCAA believes that its

members are experiencing measurably more pressure to undertake this rehab process than regional

Councils are being faced with and this is adding a significant cost to their commercial operations.

The most likely outcome is that our Member Councils will need to commit to a timeline on the

reinstatement of the rubble pits under their control.

The CEO confirmed a meeting was held at the LGA on 14th February 2017 with the LGA Policy

Director and a formal update was provided to ensure they were being made aware of the progress

with the CCAA.

There is a nominated timeframe that this undertaking needs to be completed by to ensure that it

meets the new Budget period of State Treasury.

3. Decision Reports

3.1 Procurement

Mayor Allan Aughey declared a conflict of interest and departed the meeting at 1.37pm.

The Procurement Report was tabled for noting.

Mayor Denis Clark posed the question if the group could nominate their level of satisfaction with the

establishment of the Legatus Group procurement role.

The Chairman responded that the position was sitting at around 75% of where it was planned to be

and invited the Procurement Officer to make some comment.

Paul Kennedy offered an overview of the undertakings so far and the learnings gained.

There is a review being undertaken by the CEO and Procurement Officer about how the role could

be restructured to allow a greater engagement by the Member Councils, and this will be communicated

for comment to the Management Group when complete.

Mayor Rodney Reid highlighted that the purpose of the Procurement role was for the benefit of

individual Member Councils as well as the region, and returning an income to Legatus Group was not

felt to be a priority.

Colin Byles queried how the communication occurred regarding the release of the Legatus Group

website and the ability of Member Councils to access the Procurement documents that were residing

there.

The CEO and the Procurement Officer explained how the outgoing communication process had

occurred and a commitment was made to schedule a meeting at Northern Areas Council if that will

assist with their level of understanding of the website.

Recommendation: noted.

Mayor Allan Aughey returned to the meeting at 1.55pm.

Mayor Bill O’Brien departed the meeting at 1.56pm.


3.2 Rubble Royalties

The Chairman confirmed that this topic was covered in full in the Chairman’s Report and there was

nothing more to add.

Mayor Allan Aughey wished to acknowledge the efforts of the Chairman and CEO in achieving an

excellent outcome for the region in what was a very challenging situation.

Recommendation: noted

3.3 Items referred from Councils

The Regional Council of Goyder is seeking the support of the Legatus Group to help progress

legislative change regarding the valuation of major developments.

As the legislation currently stands, major developments such as wind or solar farms are not required

to contribute rates but still place heavy pressure on Councils in the maintenance of infrastructure and

services.

The Chairman requested that the Member Councils supply their relevant major infrastructure data to

the CEO to enable the formulation of the estimated losses incurred throughout our region.

Stephen Smith (LGA) advised that SAROC may be the appropriate body to undertake the

representation of this initiative, but to approach it from a state-wide perspective.

The CEO highlighted the importance of Councils supplying accurate and timely data to enable him to

prepare the summary report for presentation to SAROC.

Mayor Denis Clark advised that Colin Byles had successfully negotiated the inclusion of a road

maintenance component as part of a proposed wind farm in their area and suggested that this level of

discussion should become part of the development proposal.

A community development funding contribution was also achieved from the developer.

An annual maintenance fee was agreed with the developer for the life of the wind farm and this has

allowed for an appropriate level of infrastructure investment to be budgeted for by Council.

It was also noted that the wind farm developer did not have issue with this approach.

Mayor Colin Nottle asked the Chairman to clarify the timeline required for the supply of the requested

data and the end of April was agreed to be an achievable time frame.

The CEO will make formal contact with the Member Councils detailing the data that is being sought.

Mayor Rodney Reid commented that one new chicken farm in their region was responsible for an

additional 5,000 truck movements on a dirt road, so the level of maintenance investment cannot be

underestimated.

A motion was moved that relevant information is sought from Member Councils for collation by the

CEO with a view to progressing the initiative to SAROC.

Moved: Mayor Allan Aughey Seconded: Mayor Rodney Reid UNAMIOUSLY CARRIED


3.4 Management Group

The CEO advised that the Management Group has met twice since the last Board of Management

meeting and the Agenda for the most recent meeting was provided for noting.

A topic under discussion was whether the CEO’s were providing value through their attendance at

the Legatus Group Ordinary Meetings.

Mayor Allan Aughey offered his preference for the CEO’s to be present due to the expertise that they

contributed to the discussions.

Mayor Rodney Reid endorsed the comments of Mayor Aughey and reiterated the significant level of

benefit when the CEO’s are present and contributing to the meeting, but voiced the opinion that there

is still a need to maintain a forum that is purely for attendance by the CEO’s.

Mayor Colin Nottle concurred with the previous two comments.

Mayor Denis Clark voiced his opposition to the discussion on the basis that the Legatus Group Board

should be able to make independent decisions relying on their own level of expertise.

A motion was moved that this matter be referred to the next Ordinary Meeting where a greater

representation of the Member Councils should be in attendance to allow a broader discussion of the

topic and a wider vote to be enabled.

Moved: Mayor Allan Aughey Seconded: Mayor Peter Slattery UNAMIOUSLY CARRIED

Mayor Colin Nottle raised a concern about the lack of consistency of some Member Councils in

attending this meeting and suggested an action was required to address continued absences.

Mayor Denis Clark sought feedback as to whether the day and time of the meeting contributed to the

absences.

Mayor Rodney Reid queried the low attendance of Adelaide Plains Council and if they are still a financial

member of Legatus Group. The CEO confirmed they were.

A motion was moved that correspondence be initiated with Adelaide Plains Council seeking a direction

on their future involvement with the Legatus Group.

Moved: Mayor Rodney Reid Seconded: Mayor Denis Clark CARRIED

3.5 LGA Governance Review

The CEO advised in terms of the Governance Review the LGA are currently undertaking, it is

important the operation of SAROC is maintained.

A formal review of the SAROC process by the Regional CEO’s is currently underway. The purpose is

to see improvements to the information flow through SAROC and on to the LGA Board for

consideration.



3.6 Special Local Roads

The CEO has prepared the assessment timeline for the Road and Transport Infrastructure Advisory

Committee and supplied it to all Member Councils.

There were no comments from the floor.


3.7 Ombudsman’s Report

The Chairman called for comments from the floor regarding the content of the Ombudsman’s Report.

The complexity of the document was noted, but the CEO advised as a regional group Legatus Group

is required to formally respond to the Report.

A motion was moved the CEO will advise the Ombudsman’s Office that Councils currently utilise

expert help from other Member Councils based on expertise or skills required in the determination

of a review.

Moved: Mayor Peter Slattery Seconded: Mayor Denis Clark CARRIED

3.8 Indirect Tax Credits

Australian Indirect Tax Specialists (AITS) are a firm that specialises in the review of fuel tax credits in

particular the diesel fuel rebate and have assisted many Councils throughout Australia to successfully

claim significant reimbursements from the ATO.

Seven of our Constituent Council Members have already utilised this service and have been refunded

approximately $160,000.

The remaining eight Constituent Council Members will be communicated with by the CEO providing

the necessary details to enable them to make an informed decision about engaging this firm.

A motion was moved the CEO write to all Member Councils who have not utilised this service to

ensure they are made aware of the potential of this opportunity.

Moved: Mayor Allan Aughey Seconded: Mayor Colin Nottle CARRIED

3.9 Reduction in Services – Rural and Regional Hospitals

This item was covered in depth during the presentation by Dr Tony Lian-Lloyd and Legatus Group

will ensure that it has appropriate representation at the forum to be held in Quorn.

Recommendation: for noted.

3.10 Crown Lands Redtape Reduction Proposal

The CEO presented an overview of the work done to date and advised that the proposal is now in a

position to go before the Minister.

The timing of the letter should coincide with the upcoming Country Cabinet meeting and involve the

CEO, Regional Chair and other interested Mayors.


A motion was moved that the CEO write to Minister Hunter seeking a meeting with the Regional

Chair, CEO and other interested Mayors.

Moved: Mayor Denis Clark Seconded: Mayor Bob Sloane CARRIED

3.11 Local Government Research & Development Scheme Acquittal


3.12 Alliance Joint Venture Legatus Group / RDAYMN / NRMYMN

The CEO advised that constructive and positive discussions are continuing.


3.13 CWMS Working Group

The first meeting of the Working Group was held on 3rd February 2017 where Michael Stephenson of

Rashlee Pty Limited provided an overview of the work that will be completed in the next twelve

months.


3.14 Co-location with other Government Departments and Service Providers

The Chairman offered the opinion the proposed Legatus Group office relocation was appropriate and

needed to occur.

Mayor Rodney Reid provided some commentary the move is sound in principle, the benefits are

worthwhile and noted that the staff levels of Legatus Group are increasing along with the amount of

responsibility.

Mayor Allan Aughey suggested that the financial conditions of the Tenancy Agreement be renegotiated

to an amount of $12,500 per annum with a Sinking Fund of up to, but not exceeding $2,500 per annum

to allow for all repairs and maintenance.

A motion was moved that the proposed Legatus Group Tenancy Agreement for the relocation to 155

Main North Road Clare be renegotiated to a revised annual charge of $12,500 with up to an additional

$2,500 pa being available as a sinking fund covering all repairs and maintenance.

Moved: Mayor Allan Aughey Seconded: Mayor Colin Nottle CARRIED

3.15 Department of Communities and Social Inclusion – State Recoveries Office

This initiative has been commenced with an information gathering meeting held with the Clare &

Gilbert Valleys Council.


The next step in the process is to engage with the independent assessor who is managing the CGVC

claim and begin to build a clear sequence of events and the associated timeline required to conform

to the State requirements in lodging a claim.

The CEO advised that this remains an ongoing WIP and this report is for noting.

3.16 Regional Transport Plan

The CEO advised that this is for noting.


3.17 Community Passenger Networks

The Chairman provided a commentary that there may be some positive movement in this space and

there is some thought the funding may now be extended beyond July 2018.

The CEO has a follow up meeting scheduled with Rowan Ramsay MP who has requested a full briefing

paper to be made available.

Mayor Denis Clark voiced his appreciation for the work that has gone in to this project, which remains

a work in progress.


3.18 Guidelines to Plan Climate Change Actions

The CEO advised the Guidelines to Plan Climate Change Actions project is now underway with Seed

Consulting undertaking the project work.


3.19 Natural Disaster Resilience Program 2017

The CEO confirmed a funding application has been made by Legatus Group seeking $238,685 for the

appointment of a resource to assist with the development and maintenance of the Council Community

Emergency Risk Management Plans (CERMP).

It is worth noting that the Government has received 146 applications for a total of $15 million in

funding, although there is only $4 million available, so we now await feedback on our submission.


3.20 Internal Policies

Motion that the five draft policies as presented be adopted inclusive of any minor amendments that

may be made.

Moved: Mayor Allan Aughey Seconded: Mayor Denis Clark CARRIED


4. Finance Report

Motion that the Finance Report as presented be accepted.

Moved: Mayor Rodney Reid Seconded: Mayor Peter Slattery CARRIED

5. Other Business

5.1 Mayor Denis Clark advised that the South Australian Sporting Shooter’s Association had

brought to his attention there is draft legislation circulating that would require the registration and

licencing of decommissioned guns that are of a historical significance and are currently being used for

display purposes such as in RSL museums.

This proposed legislation will impact on all our Constituent Council Members and it is requested that

we not support its introduction.

SAPOL have indicated they also do not support the introduction of this legislation as they will be

required to ensure a level of enforcement.

A motion was moved Legatus Group draft a letter to the appropriate Minister that communicates our

opposition to this legislation.

Moved: Mayor Denis Clark Seconded: Mayor Cynthia Axford CARRIED

5.2 Mayor Denis Clark followed up the presentation by Ms Emma Bradbury of the Murray Darling

Association and proposed that Legatus Group seeks a Group membership of this Association.

A motion was moved the Legatus Group writes to the Murray Darling Association to seek a Group

Membership on behalf of the Legatus Group Member Councils.

Moved: Mayor Denis Clark Seconded: Mayor Rodney Reid CARRIED

5.3 The CEO presented a letter from the Australian Airports Association seeking support for

their submission to the Federal Government to ensure financial support is provided for the regional

airport infrastructure projects.

A motion was moved the Legatus Group write to the LGA confirming their support for the federal

funding initiative to assist the ongoing viability of regional airports.

Moved: Mayor Cynthia Axford Seconded: Mayor Denis Clark CARRIED

5.4 The CEO presented a communication from Treasurer Tom Koutsantonis reconfirming a

commitment to make available a $30 million fund over ten years to be spent on local community

infrastructure projects.

Member Councils are encouraged to make submissions or should there be any collaborative projects,

they should be forwarded to the attention of the CEO for action.


5.5 The Chairman advised the CEO now needs to be replaced and suggested a number of

Recruitment Agencies be approached to provide a quote to undertake this project and a sub-

committee of Constituent Council Members Mayors be formed to oversee the process.

Mayor Rodney Reid advised the selection process for the current CEO was overseen by the Executive

Committee, which is no longer in existence so a Committee will need to be created for this task.

A motion was moved the Chairman and the two Deputy Chairs form a Committee to oversee the

appointment of a consultant to reach the short list stage of the recruitment process.

Moved: Mayor Rodney Reid Seconded: Mayor Bob Sloane CARRIED

5.6 Authorisation pursuant to Clause 3.6.16 of the Charter and section 90(2) and 90(2)(e) of the

Local Government Act 1999.

The Chairman advised that authorisation was sought from the meeting pursuant to Clause 3.6.16 of the Charter and section 90(2) and 90(2)(e) of the Local Government Act 1999. The Chairman advised

the Mayors needed to have an in-confidence discussion regarding the bonus component of the CEO’s

remuneration, and the Chairman will stand down and not participate in the discussion.

The Chairman stood down.

A motion was moved Mayor Allan Aughey in his capacity as Deputy Chairman assume the role of

Chairman of the in-confidence meeting session.

Moved Mayor Rodney Reid Seconded Mayor Bob Sloane CARRIED

Motion for the Resumption of Open to the Public Meeting

Moved: Mayor Colin Nottle Seconded: Mayor Rodney Reid UNAMIOUSLY CARRIED

A motion was moved to defer the decision on the bonus component of the CEO’s remuneration to

the next meeting and a report be circulated to members by the CEO. The report will contain a copy

of the CEO employment contract, key performance indicators (KPI’S) and a self-assessment by the

CEO of his performance against the KPI’s.

Moved: Mayor Colin Nottle Seconded: Mayor Rodney Reid UNAMIOUSLY CARRIED

Chairman Mattey resumed the Chair.

6. Next Meeting

The next meeting of the Board of Management is scheduled for Friday 19th May, 2017 at 10.00am and

is to be hosted by the District Council of Mount Remarkable

Meeting Closed by the Chair at 3.21pm

Signed as a true and correct record:


Chairman Mayor Peter Mattey __________________________ Dated 19th May, 2017


11 QUESTIONS ON NOTICE


Items:








Container No: CON12/537

Report Date: 20 March 2017 Prepared by: Councillor Jones


Preamble With current and an expected increase of local storm water inflows from Two Wells residential development growth bounding Salt Creek, increase of mosquito presence complaints and exacerbated recently by rain event of 75mm +, it appears evident each rain event large area of water backs up behind Salt Creek Pedestrian walkway, in interest of accountability good governance and what water flow issues were considered including any public consultation prior to development approval process of Salt Creek Pedestrian crossing I ask following questions.

Question 1: Is Salt Creek Pedestrian walkway on Council land?

Answer: Yes, the walkway and the crossing itself is located within road reserve

Question 2: When was construction of Salt Creek Pedestrian walkway approved by CDAP and were any conditions attached? please specify

Answer: Building of a walkway within a road reserve generally does not require planning approval

Question 3: Was consideration given to pedestrian walkway design as foot bridge adjacent to bridge line and level rather than follow contour down into creek bed?

Answer: Yes, all options were considered at the time. However the option to build a separate foot bridge alongside the existing road bridge and at the same level as the road bridge was found to be cost prohibitive. An assessment was also made to gauge whether a footpath could be accommodated on the existing bridge itself. The investigations concluded that there was insufficient room.

Question 4: What agencies were consulted during approval process of Salt Creek Pedestrian crossing? please specify


Answer: All service authorities were consulted including Telstra, SA Water and SA Power networks. Discussion were held with NRM (see answer to question 5)

Question 5: What information was provided with application regarding likely increased water flows as result of increase development growth within local Salt Creek catchment area?

Answer: As suggested in answer to question 2 above no planning application was made. Information provided at the 14th of July 2017 Council meeting responding to question from Cr Jones provides further relevant information.

Q: Under requirements of NRM Act 2004 Water Affecting Activities, What planning evaluation and environmental assessment process (EIAR) was undertaken prior to the placement of these new culverts in Salt Creek watercourse shown in image?

A: No planning evaluation or environmental assessment process was undertaken.

Q: What planning approvals in line with NRM Act and Development Plan were given to undertake this new construction across Salt Creek watercourse?

A: No planning approval is required under the NRM Act. The activity does not constitute development' for the purpose of an assessment against the Development Plan. The NRM Board are aware of the project and have given approval for the project to be carried out.

Question 6: As its been threatened a number of times in past by member that in event of flooding from Salt Creek landowners would sue for compensation from Adelaide Plains Council, what liability exists for APC in event of flooding of private land from Salt Creek?

Answer: The following is taken from question asked by Cr Keen at the Council meeting of 28 July 2014. Response remains current.

Q: If the water backs up and floods private property, will council be

responsible for damages?

A: The Local Government Act 1999 sets out a Council's duty of care toward public safety. In order to discharge this duty a Council has to take "reasonable" steps. When considering what is "reasonable", factors such as available resources, costs, funding, governance, existing policy / management plans, other legislation has to be taken into account.






Preamble September 30 edition of Bunyip Press contained article re Baker Ford upgrade , the article stated that Mallala Council was forced to spend an extra $234,785 on the project after contractor made changes to works due to sub grade conditions and two organisations Telstra and SA Water called for their infrastructure to be relocated as result of works , initial project was expected to cost $417,000 but ended up at $630,596 , Mayor Kennington at time was quoted over budget cost was managed through "incidental budget savings" further the article stated the upgrade will see a span-deck bridge installed at the ford, as public interest in this matter has continued I ask the following Questions:

Question 1: Was a project manager appointed to oversee works? Please specify

Answer: Yes, Councils Depot Operations Coordinator was the project manager.

Question 2: What was the technical nature of changes contractor made to original project? Please specify in detail and why an sub grade conditions were not taken into consideration in original quote

Answer: Assuming the essence of this question concerns the piers that were part of the bridge design. Piers are slender steel or concrete ‘poles’ that are either driven into the ground or are in the form of concrete poured into a drilled hole in the ground. Piers are designed to provide a firm footing for a structure such as a building or in this case a bridge to be built upon. The length of the pier is determined by how far below surface level ‘firm ground’ can be found. Test holes were drilled to ascertain soil conditions and to determine at what depth firm ground would be found. The information from these tests informed the design which formed the basis by which contractors quoted the job. However


once construction began the piers were drilled to the design depth but unexpected water was now present at that depth. This presented two problems. The first is that the presence of water at the design depth weakened the soil strength and the pier was unable to be supported by the ground as first expected. The second problem was that the now wet ground around the base of the drilled hole was caving in, effectively creating a bell shape cavern underground at the base of the drilling. A quick solution had to be found to not only stop any further caving in but to also allow the pier to provide the firm foundation to the bridge as was originally intended. The answer came in a method which involved filling the caved in section with specially sized and selected gravel (its appearance underground would be not unlike the bottom of an hour glass full of sand). The gravel effectively pressed up against the surrounding ground thus stopping any further cave in. The gravel was then bound together by pouring specially formulated cement slurry that worked itself between the gravel particles to form a solid concrete mass. The method worked albeit came at a cost.

Other design changes were made as a consequence of these technical problems and they were reported to Council at the September 2015 ordinary Council meeting.

Question 3: What communications were entered into (email, letter etc) with Telstra and SA Water prior to works commencing and are copies in Council records?

Answer: The project manager initially met with representatives from each of the service authorities on site prior to the completion of the design and prior to the changes to the construction methodology. On each occasion there were no concerns raised by the authorities with regard to the project. However at a later stage once the changes required were realised, both Telstra and SA Water raised concerns about their infrastructure and how that would be affected by the piers. This led to an extra expense to accommodate their new requirements.


Question 4: The spin “incidental budget savings” that managed budget blow out, in financial terms exactly how was that shortfall managed?

Answer: A comprehensive report was provided to the September 2015 ordinary Council meeting which provided full details of the financial management of the project including the cost overruns.

Question 5: In the exacting definition of a span-deck bridge is Baker Ford crossing defined in that category?

Answer: The term ‘span-deck’ refers to a precast concrete deck which is manufactured in a factory and then trucked to the project and craned into position. The alternative to this is to do what is known as ‘cast in-situ’ which involves forming and pouring the concrete deck in its final position. The methodology used at Bakers ford crossing uses the span-deck (precast) bridge decks. The deck has been positioned at a height that provides a greater level of service than the original ford, meaning that the river needs to be flowing far more now to reach and overtop the deck than was the original case.






Preamble As a lot of Australians have just observed and participated in Clean up Australia Day including residents of Thompson Beach the question of Unsightly and illegal Roadside rubbish within Council area continues to be a real cost burden on ratepayers , polluting our environmental and in some cases a health hazard.

Question 1: What is this financial years cost to APC ratepayers for removal of illegal roadside waste?

Answer: Answers to be provided at the 18 April 2017 Ordinary Council meeting.

Question 2: What has been average cost of illegal roadside waste removal over last 10 years, including current financial year?


Question 3: What is Council doing to mitigate illegal dumping of various waste materials on Council roadsides, parks and coastal areas?


Question 4: What responsibility does Councils General Inspector or other have in respect of enforcing and prosecuting south Australia's Local Nuisance and Litter Control Bill 2015?


Question 5: What Council Bylaw covers illegal dumping on Council roadside, parks and coastal areas, please specify?



Question 6: What statistics are available that has seen Council successfully expiate offenders for illegal dumping on Council roadside, parks and coastal areas?


Question 7: What statistics are available that has seen Council successfully prosecute offenders for illegal dumping on Council roadside , parks and coastal areas


Question 8: What is reason discarded, damaged or burned out vehicles are left for long extended periods on council road reserves, open space and coastal areas?


Question 9: Why are damaged burned vehicles not removed to one of Council transfer stations in first instance, in order so as to protect Council image and amenity?





Report Date: 20 March 2017 Prepared by: Councillor Picard

Councillor Picard gave notice of her intention to ask the following questions:

Preamble Councillors recently received copies of various items of correspondence to the local member, under subject heading “Northern Connector Project – Sand Carting via Adelaide Plains Council unsealed road network’. Council staff had expressed concerns that if a local mining operation were given a contract to supply material for the Northern Connector Project, local roads may be negatively impacted. The suggested level of impact was up to 240 truck movements per day for 15 months.

Question 1: Where is the exact location of the local mining operation which may be supplying material for the Northern Connector, (referred to in preamble)?

Answer: Sand may be mined and carted by one or both of the following companies.

1. LR&M Constructions - from their mine off Boundary Road, north of Lucas Road, Reeves Plains. (Extraction Mineral Lease 5955)

2. Mineral Holdings from their mines off Aunger Road, north of Oliver Road, and Aunger Road North, south of Gregor Road. (Private Mines 209 & 226 & Mineral Claim 4407)

See map below

The above will be influenced by weather companies are successful with their tenders to supply sand for the Northern Connector Project.

Question 2: Which Adelaide Plains Council roads may be involved if this goes ahead?

Answer: The following roads may be affected depending on which companies are successful with their tenders to supply sand for the Northern Connector Project and which of mines the winning tenders chose to supply the sand from.

Oliver Road, Aunger Road, Frost Road, Boundary Road, Gregor Road, Day Road, Simpkin Road and Germantown Road.


Question 3: What is the timing of the operation?

Answer: Council staff does not have a definite date. Information gained to date suggests sand will be needed this year.







Preamble 210 Hayman Road playground site Lewiston continues to have perceived issues of safety, security of infrastructure, site contamination and question of public health, a revelation that soil from Railway siding was imported onto site raised concern at council meeting recently which saw council overwhelmingly support testing of site which drew media attention, the issue of continued costs in relation to site upkeep should also be considered as with consistency of development within floodplain policy area regarding site importation of fill.

Question 1: In interest of ensuring consistency under Development Act in particular when dealing with public space, since development of 210 Hayman Road site its known soil/fill has been imported onto site over time which is situated within flood hazard zone 3, when was a Development application submitted and approved for importation of soil onto 210 Hayman Road site, approximately how much fill has been imported and to what extent was fill planned in the original development application? please specify

Answer: Answers to be provided at the 18 April 2017 Ordinary Council meeting

Question 2: As site is public space was all of the imported soil tested for suitability for fill in a children's play area?


Question 3: As large amount of garden mulch was also used on site was a DA or approval needed before importation, if not why not and was it tested for any contaminants before spreading over site? please specify



Question 4: What has been total costs to now associated with development of 210 Hayman Road site including demolition of original rental house, shedding, tree removal, amendments to original approval ERD court costs and two Development Act sec 270 reviews regarding council decisions?


Question 5: What are the annual costs associated with maintaining 210 Hayman Road site?



14 DEPUTATIONS


Items:

14.1 Rina Centofanti – Adelaide Plains Bus Route

Petition the Government of South Australia to give the area an Adelaide Metro Bus route or some type of Public Transport system.

Seeking support of Adelaide Plains Council


15 MOTIONS ON NOTICE


Items:

15.1 Rate Capping


15.1 Rate Capping


Report Date: 20 March 2017 Prepared by: Councillor Steve Jones

Preamble: As living and utility costs continue to rise for residents of Adelaide Plains Council (APC) including property taxes, there is a growing uncertainty as to what level future living standards could be negatively impacted, with rate capping now a platform being canvassed by political parties and other, in order to give some certainty of future rate rises for APC ratepayers I put the following motion:-

Motion 1: Moved Councillor Jones Seconded

"that Adelaide Plains Council adopt a position that future rate rises be aligned to and not exceed each years current South Australian Consumer Price Index."


16 ITEMS FOR NOTING / INFORMATION / ACTIVITY REPORTS


Items:







Document No: D17/3788

Report Date: 20 February 2017 Prepared by: General Manager – Governance and Communications

Corporate Objective: 5.1 Effective governance, leadership and teamwork.

Purpose:

To provide for Council’s information and monitoring, the status of actions that are currently being processed.

Recommendation 1: “that Council, having considered Item 16.1 - Council

Resolutions/Action Report, dated 20 March 2017, receives and notes the report.”


Impact Summary

Organisational and Governance

Financial Nil

Legislation Local Government Act 1999

Local Government (Procedures at Meetings) Regulations 2013

Risk Nil

Consultation Nil

Asset Management Plans Nil

Service Standards Open, transparent and regular reporting to Council will improve communication and trust, which in turn will improve the standard of service being provided.


Background

This report provides the status of Council Resolutions that have not yet been closed out for the period April 2015 to January 2017. It also provides all Council Resolutions for February 2017 for Council Members’ information (Attachment 1).

Discussion

Administration acknowledges the efficiencies afforded the Council Members monitoring their performance and the confidence built using transparent control measures.

The status of resolutions for the period April 2015 – January 2017 is reported by exception (ongoing/unfinalised matters). However, those previously outstanding matters that have been finalised since the last report to Council are also included for the sake of completeness.

The resolutions for February 2017 are provided in full.

Summary

Council Resolutions will be included as a standing agenda item. Moving forward, resolutions from one month prior to the current meeting will be reported in full and all earlier resolutions will be reported on an exception basis. Council Administration welcomes feedback on the Action Sheet format.


Attachment 1

to report 16.1 - Council Resolutions/Action Report dated 20 March 2017

Resolution Status Report


Meeting Date

Item Number

Title Resolution DescriptionResolution

Number

Status/Comments ('Deferred,

Ongoing, Agenda, Completed')

Responsible Department

27-Apr-15 17.2 Lewiston Community Focal Point Study - Phase 2: Cost Benefit Analysis (CON13/8)

“that the Council, having considered Item 17.2 - Lewiston Community Study Phase 2:Cost Benefit Analysis, dated 27 April 2015, request that a report be brought back toCouncil to include costs, flooding concerns, native vegetation issues, identifiedcommunity club and group participation and minimum cost infrastructurerequirements for Hams Park, Clara Harniman Reserve and 210 Hayman Road.”

2015/129 Ongoing - Staff are continuing negotiations with

community groups interested in relocation

Development & Community

21-Dec-15 14.2 Long Term Financial Plan (CON12/537)

"that Council undertake a substantial and complete review of its Long Term Financial Plan in good time for the next Budget."

2015/328 Agenda 19/6/17 CEOFinance & Economic

Development

18-Jan-16 14.2 Dedicated car parking facilities (CON12/537)

“that the Chief Executive Officer be instructed to bring a report back to council that provides suitable options for the provision of dedicated car parking facilities at Webb Beach, Parham and Thompson Beach. Further, that in undertaking this research, the CEO be instructed to commence discussions with agencies such as Fisheries, Coast Protection Branch, Native Vegetation Council, Natural Resources Management Board, DPTI, and the Northern Adelaide International Bird Sanctuary with a view of obtaining their position and the prospect of securing funding for this initiative.”

2016/005 Agenda 15/5/17 Infrastructure

18-Jan-16 16.4 Strategic Plan Exemption (CON12/1150)

“that Council, having considered Item 16.4 – Strategic Plan Exemption, dated 18 January 2016, acknowledges its statutory obligations to commence a comprehensive review within the prescribed time frame. However, given Council is in the process of a supplementary election for Mayor and recruitment of a Chief Executive Officer, it would be appropriate to defer commencement on the review until these maters have been concluded and roles filled.”

2016/016 Ongoing - tender issued to URPS. Working Party

membership and key dates for workshops to follow


RESOLUTION REGISTER AND ACTION SHEET (April 2015 - January 2017) - Unfinalised Items


Meeting Date

Item Number


Number




16-May-16 8.5 Environmental Management Advisory Committee Recommendation - EMAC and Working Party

Formal Motion"that this matter lay on the table"

2016/143 Deferred - laying on the table


20-Jun-16 12 Petition “that the petition dated 4 April 2016 in relation to the Community Bus Service be formally presented to the CDAC for their consideration and subsequent recommendation to Council.”

2016/176 CDAC Agenda - TBA Development & Community

20-Jun-16 14.4 Future Annual Staff Costs (CON12/537)

Formal Motion:“that this motion lay on the table until after the next meeting of the SPDPC meeting in July 2016.”

2016/181 Deferred - laying on table CEODevelopment &

Community

20-Jun-16 16.6 Parham – Horse Activity Management (CON12/131)

“that Council endorses the continued use of Main Street between the Esplanade and East Terrace at Parham as a horse float parking area until the end of 2016, prior to a further report being brought back to Council on establishing a more permanent horse float parking option.”

2016/202 Agenda 20/3/17 Development & Community

18-Jul-16 9.2.1 Strategic Planning and Development Policy Committee (CON14/35)Recommendations to Council of the meeting held 27 June 2016

“that Council, having considered Item 6.2 - Northern Food Bowl Protection DPA – Draft Statement of Intent, dated 27 June 2016, authorise the Chief Executive Officer to submit the Northern Food Bowl Protection DPA – Draft Statement of Intent to the Minister for Planning for approval following any further amendments to the SOI by the CEO and or delegate.”

2016/224 Ongoing - SOI in its final format is now with Minister

for Planning awaiting endorsement.

CEODevelopment &

Community

18-Jul-16 9.2.2 Strategic Planning and Development Policy Committee (CON14/35)Recommendations to Council of the meeting held 27 June 2016

“that Council, having considered Item 6.2 - Northern Food Bowl Protection DPA – Draft Statement of Intent, dated 27 June 2016, authorise the Chief Executive Officer to negotiate any minor amendments to the Statement of Intent as requested by the Minister for Planning”.

2016/225 Ongoing - SOI in its final format is now with Minister

for Planning awaiting endorsement.

CEODevelopment &

Community


Meeting Date

Item Number


Number




15-Aug-16 16.5 Camping Grounds By-Laws and Length of Stay (CON12/961)

“that Council considers the possible introduction of a new bylaw to regulate length of stay matters associated with short term camping grounds into the next substantive bylaw review to take effect in 2017.”

2016/257 Ongoing - by-law review 2017


19-Sep-16 15.1 Middle Beach Revegetation Protection (CON12/573)

“that Council investigate the possibility by way of report, of reinstating/raising dune to suitable or pre development height, behind the length of the rear row of dwellings at Middle Beach, so as to help protect revegetation efforts from salt water rise and prevent wetland damage caused by off road 4 wheel drive vehicle activity.”

2016/289 Deferred - Refer Item 17.7 - 17/10/16 - Resolution

2016/337 re: current policy position.


19-Sep-16 15.1 Middle Beach Revegetation Protection (CON12/573)

“that Council following the inspection, investigate by way of a report, the raising of that section of low lying access road into and out of Middle Beach which is subject to regular inundation by storm surge and rain events.”



Infrastructure

19-Sep-16 15.2 Parham and Webb Beach Culverts (CON12/573)

“that Council investigate by way report the installation of a culvert suitably sited under road into and out of Parham with intention of possible mitigation of pressure and depth of tidal storm surge waters in lagoon at back of Township.”



Infrastructure

19-Sep-16 15.2 Parham and Webb Beach Culverts (CON12/573)

“that Council investigate by way report raising and placing culvert under suitable section of low lying road into and out of Webb Beach.”



Infrastructure

19-Sep-16 16.5 Request for the Mallala Chamber Refurbishment (CON12/953)

“that Council, having considered Item 16.5 - Request for the Mallala Chamber Refurbishment, dated 19 September 2016, and further that Council adopts option 1 appended to the report with an imminent focus of upgrading the visual equipment in the 2016-2017 financial year with the maximum budget expenditure of $50,000, with a subsequent focus to be on upgrading the audio equipment and chamber furniture in the 2017-2018 financial year.”

2016/298 Ongoing - part 1 of upgrade is complete, part 2 yet to

commence

Infrastructure


Meeting Date

Item Number


Number




19-Sep-16 16.6 Suicide Prevention Network (CON12/1040)

“that Council, having considered Item 16.6 - Suicide Prevention Network dated 19 September 2016, that staff arrange a network proposal meeting with the Office of the Chief Psychiatrist and invite Rod McKenzie from Gawler Suicide Prevention Network, the Hon John Dawkins, Minister Leesa Vlahos, Local Member for Goyder Steven Griffiths, the Mallala Ratepayers Association along with representatives from local SAPOL, CFS, Ambulance, Lions Clubs, sporting clubs, RSL Branches, Elected Members and Staff”.

2016/300 Ongoing - Most effective way to establish a Suicide

Prevention Network being considered, with input from neighbouring councils and

stakeholders, prior to 'network proposal meeting'

being set


19-Sep-16 17.8 Two Wells Football & Netball Sporting Clubs Inc – Ground Lease (CON12/912)

“that Council, having considered Item 17.8 - Two Wells Football and Netball Sporting Clubs Inc – Ground Lease, dated 19 September 2016, authorises the Chief Executive Officer to negotiate and finalise any outstanding terms of the lease as provided for in Attachment 2 appended to report – Item 17.8.”

2016/320 Ongoing - awaiting response from Crown Lands Unit of

Department of Environment, Water & Natural Resources


Governance & Communications

19-Sep-16 17.8 Two Wells Football & Netball Sporting Clubs Inc – Ground Lease (CON12/912)

“that Council, having considered Item 17.8 - Two Wells Football and Netball Sporting Clubs Inc – Ground Lease, dated 19 September 2016, and subject to Ministerial consent, authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute under the common seal of Council, the lease agreement between the Adelaide Plains Council and Two Wells Football and Netball Sporting Clubs Inc.”





17-Oct-16 16.1 Hard Waste Voucher (CON12/573)

“that administration by way of report Council, investigate all options, costs, notify etc the possibility of a once a year voucher for bona fide residents hard waste by definition delivered to council transfer station.”

2016/330 Agenda 21/8/17 - Options are being investigated and also are part of the BRPG tender for waste services

which will be assessed in July 2017. After this a report will

be forwarded to Council recommending a way

forward for both kerbside waste and recycling services and kerbside waste services.

Infrastructure


Meeting Date

Item Number


Number




17-Oct-16 16.2 Calomba Daisy Control (CON12/573)

“that administration by way of report to Council investigate all available options and scenarios for eradication primarily of Calomba Daisy and other declared pest plants firstly along Ruskin Road reserve and secondly adjacent property's bounding reserve deemed to have infestations of Calomba Daisy and other declared pest plants.”

2016/331 Deferred - matter laying on the table (2016/384 -

19/12/16).

Infrastructure

17-Oct-16 18.2 Kerbside Collection - Waste Truck Replacement (CON12/498)

“that Council, having considered Item 18.2 – Kerbside Collection - Waste Truck Replacement, dated 17 October 2016, endorses the CEO to allow administration to seek external quotations, prior to the scheduled replacement vehicle, to provide the Adelaide Plains Council’s kerbside collection services through the Barossa Procurement Group with a further report to Council on the evaluation”.

2016/343 Agenda 21/8/17 - Options are being investigated and also are part of the BRPG tender for waste services

which will be assessed in July 2017. After this a report will

be forwarded to Council recommending a way

forward for both kerbside waste and recycling services and kerbside waste services.

Infrastructure

17-Oct-16 18.4 Moquet Lee Reserve and Grace Plains Cemetery remediation (CON12/1046)

“that Council, having considered Item 18.4 – Moquet Lee Reserve and Grace Plains Cemetery remediation, dated Monday 17 October 2016, endorse the Trustees of the Moquet Lee Reserve, Grace Plains, to carry out remediation work and proceed with grant funding applications”.

2016/346 Ongoing - Trustees of Moquet Lee Recreation

Reserve have received $5000 grant from State Emergency Relief Fund. Commencement

to occur in 2017


21-Nov-16 15.3 Salt Creek Remediation engagement of hydrological engineer

“that Council instructs its CEO to bring back report which outlines indicative costs to engage an independent hydrological engineer to provide options for remediating a short stretch of Salt Creek at Middle Beach adjacent to boat ramp.”

2016/352 Agenda 18/4/17(Refer Item 17.8 - 17/10/16 -

Resolution 2016/338 re: current policy position)

Infrastructure


Meeting Date

Item Number


Number




21-Nov-16 15.5 Independent Review of Coastal Settlements Adaptations Study

“that Council instructs the CEO to bring back a report on the cost of an independent and comprehensive review of Council’s Coastal Settlement Adaptation Study inclusive of and not restrictive of all further relevant data, information historical or otherwise.”

2016/354 Ongoing - prior to report coming back to Council for

consideration, meeting with key stakeholders to occur


21-Nov-16 17.4 Donation of Water Tanks for Pinery Fire Area

“that Council, having considered Item 17.4 – Donation of water tanks for Pinery fire area dated 21 November 2016, • Instructs the CEO to continue with the investigations of supporting the implementation of the proposal for one (1) donated tank to be located at Moquet Lee Reserve described as Lot 675, FP 17542 comprised in CT 5776/435.”

2016/364 Ongoing - Development Application for Moquet Lee

Reserve approved

Infrastructure

21-Nov-16 17.4 Donation of Water Tanks for Pinery Fire Area

“that Council, having considered Item 17.4 – Donation of water tanks for Pinery fire area dated 21 November 2016, • Instructs the CEO to continue with the investigations of supporting the implementation of the remaining two (2) donated tanks location to be determined by way of report and presented back to Council.”

2016/365 Ongoing - other options being investigated

Infrastructure

21-Nov-16 17.8 Two Wells Golf Club Inc – Ground Lease

“that Council, having considered Item 17.8 – Two Wells Golf Club Inc – Ground Lease, dated 21 November 2016, receive and note the report, and in dong so:-A. Authorises the Chief Executive Officer to negotiate and finalise any outstanding terms of the lease,B. Subject to Ministerial consent, authorises, pursuant to Section 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute under the common seal of Council, the lease agreement between the Adelaide Plains Council and Two Wells Golf Club Inc,C. In accordance with Section 166(1)(j) of the Local Government Act 1999, Council, being satisfied that the land comprised in Crown Record 5764/757, Assessment 40451, is being used by an organisation which, in the opinion of Council , provides a benefit or service to the local community, grants a discretionary rebate of 100 percent (%) of the rates imposed, effective from the 2017/18 rating year.”



CEOGovernance &

Communications


Meeting Date

Item Number


Number




19-Dec-16 15.1 Rescind Motion (2016/133) Sea Level Gauge

“that Council resolution 2016/133 which provides:- “that prior to any current or future coastal protection infrastructure works or policy being undertaken/adopted, such works or policy be subject to further peer review based on local data obtained from modern Sea Level Gauge.” be rescinded”.

2016/379 N/A *motion to the same effect cannot be brought for

at least 12 months

Executive

19-Dec-16 16.5 Control Options for Colomba Daisy and other Declared Plants

“that the matter lay on the table.” 2016/384 Ongoing - lying on table Infrastructure

19-Dec-16 17.1 Camping Reserves and Short Stay Accommodation Policy

“that Council, having considered Item 17.1 - Camping Reserves and Short Stay Accommodation Policy dated 19 December 2016:a) designate the land adjacent to the Mallala Oval, comprised in Certificate of Title Register Book (part) Volume 6163 Folio 218 and (part) Volume 6163 Folio 219 outlined in red in Map 1 of Attachment 2 to this report, as a camping reserve for the purposes of camping in accordance with Clause 2.5 of Council’s By-law No.2 – Local Government Land.”b) authorise the Chief Executive Officer to give passing of the above resolution in the Bunyip and Plains Producer newspapers and the South Australian Government Gazette, in line with the Local Government Act 1999 (Part 1, 246, 4a).”c) endorse the Draft Short Stay Accommodation Policy.”

2016/386 Ongoing - Public notices and Gazettal completed in January 2017. Policy

finalisation, Development Application for Mallala, By-law review (to ensure short stay is included) and Budget Bid for Mallala for 17/18 to

occur

Executive OfficeGovernance &

Communications Development &

Community

19-Dec-16 17.2 Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction

“that Council, having considered Item 17.2 - Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction, dated 19 December 2016, endorses the Dispute Resolution Procedure - Sewerage Services, as appended to Attachment 2 to the report”.

2016/389 Completed - policy uploaded to website.

Infrastructure

19-Dec-16 17.5 Adelaide Plains Equestrian Club – Proposed Licence

“that Council, having considered Item 17.5 – Adelaide Plains Equestrian Club - Proposed Licence dated 19 December 2016, and subject to Development Approval being granted and remnant vegetation being adequately fenced off, authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the Licence Agreement between Council and the Adelaide Plains Equestrian Club Inc, and to execute the licence agreement as amended.”

2016/394 Ongoing - written to APEC advising them to lodge

Development Application

Governance & Commincations


Meeting Date

Item Number


Number




19-Dec-16 17.6 Proposed Grazing Lease “that Council, having considered Item 17.6 – Proposed Grazing Lease dated 19 December 2016, receive and note the report, and in doing so:-1. authorises Council staff to commence the public consultation process pursuant to Section 202 of the Local Government Act 1999 in regard to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753,2. and in the event that objections are received to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753 during the public consultation process, a report be presented to Council for consideration,3. and in the event that no objections are received to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753 by the conclusion of the public consultation process, the Chief Executive Officer be authorised to negotiate and finalise any outstanding terms of the lease,4. authorises Council staff to make application to the Crown Lands Unit of the Department of Environment, Water & Natural Resources pursuant to Section 22(1) of the Crown land Management Act 2009 seeking Ministerial consent in regard to the granting of a lease to CS Musolino over Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753, and subject to Ministerial consent, authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the lease agreement between the Adelaide Plains Council and CS Musolino.”

2016/395 Agenda 20/3/16 - Crown Lands Unit of DEWNR have

advised that Native Title applies to this land and it has

not been extinguished. Consequently, DEWNR

cannot consent to a lease that provides exclusive use. Council may issue a licence to Ms CS Musolino as an

alternative.


19-Dec-16 17.7 The Light and Wakefield Rivers Monitoring and Alert System

“that Council, having considered Item 17.7 - The Light and Wakefield Rivers Monitoring and Alert System, dated 19 December 2016, support the Department of Environment Water and Natural Resources preparation of an application in to the 2015-2017 National Disaster Relief Program. A project that implements a flood monitoring and warning system for the Light and Wakefield River catchments.”

2016/397 Ongoing Infrastructure

19-Dec-16 17.7 The Light and Wakefield Rivers Monitoring and Alert System

“that Council, having considered Item 17.7 - The Light and Wakefield Rivers Monitoring and Alert System, dated 19 December 2016, In providing support for a 2015-2017 National Disaster Resilience Program project application, reserves its right to commit to funding and proceed with the project subject to considering a cost sharing model for the project .”

2016/398 Ongoing ExecutiveInfrastructure


Meeting Date

Item Number


Number




19-Dec-16 17.8 Rededication of Crown Land – Two Wells Bowling Club

“that Council, having considered Item 17.8 – Rededication of Crown Land – Two Wells Bowling Club, receive and note the report and authorise the Chief Executive Officer to make application to Department of Environment, Water & Natural Resources (DEWNR) to have Section 144 Two Wells, comprised in CR 5755/735, rededicated for both a Recreation Reserve to accommodate the Two Wells Bowling Club and a Reserve for a Soldiers Memorial Garden to accommodate the War Memorial and the Playground area.”

2016/399 Ongoing - letter sent to Crown Lands Unit of DEWNR requesting a rededication of

the land

Governance & Communication

19-Dec-16 17.8 Rededication of Crown Land – Two Wells Bowling Club

“that Council, having considered Item 17.8 – Rededication of Crown Land – Two Wells Bowling Club, amend the Club’s existing lease over Section 144 comprised in CR 5753/647 to include portion of Allotment 103 comprised in CR 5753/647.”

2016/400 Ongoing - awaiting legal advice

Governance & Communication

19-Dec-16 18.1 Urgent Business - SES Two Wells Oval Staging Area Reminder

“that the Chief Executive Officer commences discussions with State Emergency Service reminding them of their obligation to remediate the Two Wells Oval Staging area adjacent to the Community Centre and Football Clubrooms as a result of the September 2016 flood event. In the event that no action results, the Chief Executive Officer be authorised to elevate the matter with the respective Minister placing them on notice, that Council will carry out the remediation works and seek recompense for the work undertaken”.

2016/401 Ongoing - monitoring site Executive

16-Jan-17 4.1 Independent Structural Report – Recommendations for Wasleys Bridge Maintenance

“that Council, having considered Item 17.4 – Independent Structural Report - Recommendations for Wasleys Bridge Maintenance, dated 19 December 2016, undertake consultation in relation to either closure or reduced load limit/local traffic only on Wasleys Bridge and that management bring a subsequent report back to Council for consideration.”

2017/003 Ongoing Infrastructure

16-Jan-17 15.1 Motion on Notice “that Council instruct the CEO to engage a suitably qualified and experienced site contaminant consultant to undertake an environmental assessment of property namely 210 Hayman Road to presences/absence of any site contaminants.”

2017/005 Agenda 20/3/17 Infrastructure Development &

Community

16-Jan-17 17.1 Strategic Plan Update “that Council, having considered Item 17.1 – Strategic Plan Update, dated 16 January 2017, endorses the commencement of the comprehensive review of its strategic management plan and delegates to the Chief Executive Officer the scoping and timeframe for the review and letting of the tender for the successful consultant; with further advice to be presented to Council at the first workshop.”

2017/009 Agenda 20/3/17 Development & Community


Meeting Date

Item Number


Number




16-Jan-17 17.5 Dublin History Group Inc – Exercise of Lease Renewal

“that Council, having considered Item 17.5 – Dublin History Group Inc – Exercise of Lease Renewal, dated 16 January 2017, authorise Council staff to exercise the right of renewal in accordance with the Dublin History Group Inc Lease over the Dublin Institute for a further five (5) years from 1 March 2017 to 28 February 2022.”

2017/014 Ongoing - Dublin History Group have been advised of

their lease extension. A letter of acceptance signed

by the President and Secretary has been

requested



Meeting Date

Item Number


Number




20-Feb-17 2.1 Confirmation of Minutes “that the minutes of the Ordinary Council meeting held on Monday 16 January 2017 (MB Folios 13446 to 13460, inclusive), be accepted as read and confirmed.”

2017/023 Completed Executive Office

20-Feb-17 9.1 Governance Advisory Panel - Policy Review – Council Members Allowances and Benefits Policy

“that Councillor Strudwicke chair the meeting until Mayor Flaherty returns to the chamber.”

2017/024 Completed N/A


“that administration bring back a report on the options available for the Mayor to record his fuel use for his motor vehicle.”

2017/025 Agenda 20/3/17 InfrastructureFinance & Economic

Development


“that the motion be adjourned until the next meeting of Council”. 2017/026 Adjourned - Agenda 20/3/17

Executive Office

20-Feb-17 15.1 Corporate Communications "that Council instructs the Chief Executive Officer to bring a report back to the Chamber

which outlines the various means of communications between the elected body and management over the preceding three month period. The report to provide a breakdown of whether communications are strategic or operational matters, and administrative resources allocated to communication responses."

2017/027 Agenda 18/4/17 Chief Executive Officer

20-Feb-17 16.1 Council Resolutions/Action Report

“that Council, having considered Item 16.1 - Council Resolutions/Action Report , dated 20 February 2017, receives and notes the report.”

2017/028 Completed Governance & Communications

20-Feb-17 16.2 Hook Line and Thinker “that Council, having considered Item 16.3 –– Proposed Grazing Lease and Community Consultation, dated 20 February 2017, receive and note the report.”

2017/029 Completed Infrastructure

RESOLUTION REGISTER AND ACTION SHEET (February 2017) - All Items


Meeting Date

Item Number


Number




20-Feb-17 16.3 Proposed Grazing Lease and Community Consultation

“that Council, having considered Item 16.3 –– Proposed Grazing Lease and Community Consultation, dated 20 February 2017, receive and note the report.”

2017/030 Completed Development & Community


20-Feb-17 16.4 Lewiston Playground Fencing

“that Council, having considered Item 16.4 – Lewiston Playground Fencing , dated 20 February 2017, receive and note the report.”


20-Feb-17 16.4 Lewiston Playground Fencing

“that Council, having considered Item 16.4 – Lewiston Playground Fencing , dated 20 February 2017, a further report to council outlining our liabilities and risk associated with children accessing Hayman Road from the playground site, internal risk assessment, fencing solutions and signage to be included and all associated costs.”

2017/032 Agenda 18/4/17 InfrastructureFinance & Economic

Development

20-Feb-17 16.5 Lewiston Community Focal Point Study – Issues and Opportunities

“that Council, having considered Item 16.5 - Lewiston Community Focal Point study – Issues and Opportunities, dated 20 February 2017, receives and notes the report.”

2017/033 Completed Development & Community

20-Feb-17 17.1 Sealing of Hart Road, Lower Light

“that Council having considered Item 17.1 – Sealing of Hart Road, Lower Light, dated 20 February 2017, authorises the Chief Executive Officer to lodge an application for grant funding of $375,000 under Building Better Region Fund.”

2017/034 Completed Executive Office and Finance &

Economic Development

20-Feb-17 17.1 Sealing of Hart Road, Lower Light

“that Council having considered Item 17.1 – Sealing of Hart Road, Lower Light, dated 20 February 2017, authorises the Chief Executive Officer to seal 2.53kms of Hart Road from Port Wakefield Road to Days Egg Pty Ltd as part of its 2017/2018 Capital Works Program if the grant application is successful with the Federal Government and Days Egg Pty Ltd contributes $150,000 towards the cost of the project.”

2017/035 Ongoing - Applied for Federal Government

Grant on 27/2/17

Executive Office and Finance &

Economic Development

20-Feb-17 17.2 First Budget Update - 2016/2017 Report

“that Council, having considered Item 17.2 - First Budget Update 2016/2017 Report, dated 20 February 2017;• receives and notes the report,• receives and notes the project progress reports contained in Attachment 1, and• Pursuant to Regulation 9 (1) (a) of the Local Government (Financial Management) Regulations 2011, adopts the Budgeted Uniform Presentation of Finances as contained within Attachment 2.”

2017/036 Completed Finance & Economic Development


Meeting Date

Item Number


Number




20-Feb-17 17.3 Mallala Community Arts Inc – Exercise of Lease Renewal

“that Council, having considered Item 17.3 – Mallala Community Arts Inc – Exercise of Lease Renewal, dated 20 February 2017, authorise Council staff to grant a right of renewal of the Lease of the Mallala Institute to the Mallala Community Arts Inc for a further five (5) years from 28 March 2017 to 27 March 2022, subject to Item 8 – Public Risk Insurance in the First Schedule being increased to $20 million.”

2017/037 Ongoing - Exercise the Right of Renewal Lease

paperwork sent to Mallala Community Arts Inc. Secretary for signing and to be returned with

copy of Public Libility Insurance increased to

$20 million


20-Feb-17 17.4 Section 270 Review – Hayman Road Playground

“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, receives and notes the report.”



“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017 and undertaken its review of the matter in accordance with Council’s Internal Review of Council Decisions Procedure, finds that the relocation of the access/egress to the playground from Hayman Road to Pederick Road (including the car park) was the best possible decision in the circumstances.”



“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, affirms its decision of 9 June 2015 and dismisses the application for review.”



“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, instructs Council administration to write to the Applicant to advise her of the outcome of its review, in accordance with Council’s ‘Internal Review of Council Decisions Procedure’.”

2017/041 Completed - Letter sent to Mrs Body on 6/3/17



“that Council, having considered Item 17.4 – Section 270 Review – Hayman Road Playground, dated 20 February 2017, notes that the Chief Executive Officer will give consideration to what action, if any, is required with respect to the investigator’s additional recommendations contained at paragraph 5.5 of the investigator’s report, and take such action as deemed appropriate.”

2017/042 Ongoing Executive OfficeGovernance &

Communications


Meeting Date

Item Number


Number




20-Feb-17 17.5 Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction

“that Council, having considered Item 17.5 - Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction, dated 20 February 2017, receive and notes the report”.


20-Feb-17 17.5 Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction

“that Council, having considered Item 17.5- Essential Services Commission of South Australia (ESCOSA) Licensing Policy Introduction , dated 20 February 2017, endorses the Community Wastewater Management System Policy as appended to (Attachment 1) to the report”.

2017/044 Completed - uploaded to website

Infrastructure

20-Feb-17 17.6 Asset Management Plan “that Council, having considered Item 17.6 - Asset Management Plan , dated 20 February 2017, endorses the Asset Management Plan as being suitable for the purpose of releasing for public consultation.”






Report Date: 20 March 2017 Prepared by: General Manager Development & Community

Corporate Objective: 5.4 Effective strategic and performance management

Purpose:

To update Council on the Strategic Plan 2017 – 2020 process.

Recommendation: “that Council, having considered Item 16.2 – Strategic Plan Update, dated 20 March 2017, receive and note the report.”


Impact Summary


Financial The comprehensive revision of economic strategies associated with its 2013-2016 Strategic Plan and setting the course for 2017 – 2020 will ensure Council continues to meet its current and future financial responsibilities. Up to $75,000 has been set aside in the 2016-2017 Budget for the review.

Legislation Local Government Act 1999 - Section 122

Risk Identification and assessment of current and future responsibilities and the best practice management associated with developing strategies for those responsibilities.

Consultation Community consultation is required in accordance with Section 122 of the Local Government Act 1999.

Asset Management Plans Completing the comprehensive revision of the 2013-2016 Strategic Plan will ensure that Council continues to identify current and best practice strategies when considering its natural & built environments, for 2017 - 2020.

Service Standards Completing the 2017-2020 Strategic Plan will demonstrate to the community, Council’s commitment to identifying current and future community based priorities and services in the development of its Strategic & Long Term Financial Plans, ensuring acceptable and effective levels of services are provided and monitored across the organisation.


Background

A Strategic Plan is the framework that provides Council with the strategic direction to guide its operations and service delivery. Supported by goals and strategic actions, the Strategic Plan defines the outcomes Council intends to achieve over a four year period to meet the community’s aspirations and vision for the future.

Section 122(4)(b) of the Local Government Act 1999 requires Council to review its Strategic Plan within two (2) years of a general election. In January 2016, Council agreed to seek exemption from its statutory obligation to comprehensively review its current Strategic Plan by November 2016.

Council’s current Strategic Plan covers a period of four (4) years from 2013 - 2016. The review of the current Strategic Plan and development of Council’s new Strategic Plan 2017-2020 was initiated in late 2016 with a briefing from external consultant Anne Petch, which highlighted to Council the benefits of working towards a Plan with relevant actions that deliver on funding opportunities.

Discussion

Administration prepared a project brief for the preparation of the 2017-2020 Strategic Plan and undertook a tender procurement process in February 2017, seeking submissions from suitably qualified consultants to develop Council’s Strategic Plan 2017-2020.

Following a thorough tender assessment process, planning consultant Urban and Regional Planning Solutions (URPS) was appointed to undertake a comprehensive review of the current Strategic Plan, to develop and implement an interactive consultation program with relevant stakeholders, and to develop Council’s Strategic Plan 2017-2020.

URPS is currently undertaking the initial phases of the project plan, comprising data collection and the initial review of relevant strategic documents. For high level understanding of Council’s requirements and indicators for a successful project, a Strategic Plan Working Party needs to be established. The membership for the SPWP will comprise:

• Mayor

• Deputy Mayor

• One Elected Member

• Chief Executive Officer

• General Managers

• Policy Planner


In order to achieve a balance of elected members representing the entire region, the Chief Executive Officer has determined that it would be appropriate for an elected member representing the northern ward to fill the position of elected membership on the panel.

It is anticipated that an initial workshop with the SPWP will take place towards the end of March. Dates for consultation workshops has also been considered, with Elected Member and community workshops proposed for mid – late May 2017.

Completion of the Plan should occur by mid 2017, in alignment with Council’s 2017 – 2018 budget process.

Summary

URPS has been appointed to develop Council’s Strategic Plan 2017-2020. Monday 27 March has been tentatively set for the initial meeting of the SPWP and URPS, with a forecast date for a Council workshop scheduled for Monday 22 May 2017.





Report Date: 20 March 2017 Prepared by: General Manager Development and Community

Corporate Objective: 1.2.1

1.3

Investigate, develop and promote initiatives and facilities which enhance the identity of individual communities and the District as a whole.

Recreation, sporting and leisure opportunities that support the wellbeing of the community.

Purpose:

To provide Council with an update on horse float parking at Parham following the establishment of a temporary parking area.

Recommendation 1: “that Council, having considered Item 16.3 – Parham –

Horse Activity Management, dated 20 March 2017, receives and notes the report.”


Impact Summary


Financial Cost of signage.

Legislation Local Government Act

Risk Nil

Consultation Parham Community, horse clubs and representatives from Port Parham Sports & Social Club Inc


Service Standards Opportunity to improve community access to foreshore


Background At the 21 December 2015 ordinary meeting Council resolved to establish an area of Main Street between the Esplanade and East Terrace as a temporary horse float parking measure “until such time as Council determines the ultimate site location” (2015/366). The resolution was in response to parking and health concerns identified by local residents, associated with horse activity along the foreshore at Parham. At the meeting Council also resolved to install signage restricting horse float parking at the boat ramp and shelter shed carparks. New signage has been installed to direct drivers towing horse floats to the temporary parking location identified by Council. An information sign has also been erected which outlines measures to control horse riding within the township and along the foreshore. On 15 February 2016 Elected Members and staff visited various sites throughout the Parham township with the view of establishing a more permanent parking location. At the ordinary meeting of 20 June 2016 Council resolved the following: “that Council endorses the continued use of Main Street between the Esplanade and East Terrace at Parham as a horse float parking area until the end of 2016, prior to a further report being brought back to Council on establishing a more permanent horse float parking option.” (2016/202) The intent of this resolution was to enable further monitoring of the area, a more informed assessment to be undertaken and a further report provided. Discussion Horse riding clubs have conducted organised riding events at Parham over the summer period, and have utilised the temporary parking area designated by Council. Whilst the issues surrounding parking appear to be resolved, administration will soon commence public consultation on designating Main Street between the Esplanade and East Terrace a permanent horse float parking area.


The consultation will be undertaken in accordance with Council’s Public Consultation Policy adopted under the Local Government Act, so that Council can consider any written submissions prior to establishing any permanent parking area. It is noted that although discussions were held with the local Parham community and horse clubs at the request of Council prior to a parking option being chosen, no further consultation has occurred. Summary Main Street between the Esplanade and East Terrace at Parham has been designated by Council as a temporary horse float parking area. Prior to Council resolving to establish a more permanent horse float parking option Council administration will soon commence public consultation in accordance with Council’s Public Consultation Policy. Following the public consultation process any written submissions and a further report will be provided to Council for consideration.


17 ITEMS FOR DECISIONS


Items:


17.2 CS Musolino – Proposed Grazing License instead of Lease









Report Date: 20 March 2017 Prepared by: Governance Support Officer

Corporate Objective: 1.3 Recreation, Sporting and Leisure Opportunities that Support the Wellbeing of the Community.

Purpose:

To seek Council endorsement to commence the Public Consultation process in relation to a proposed Lease Agreement between Council and the Mallala Netball Club in regard to the leasing of portion of Allotment 14 and Allotment 20 comprised in Certificate of Title Volume 5862 Folio 8 and Volume 6163 Folio 218.

Recommendation 1: “that Council, having considered Item 17.2 - Mallala Netball Club – Proposed Lease dated 20 March 2017, receive and note the report, and in doing so:-

1. authorises Council staff to commence the public consultation process pursuant to Section 202 of the Local Government Act 1999 in regard to the leasing of portion of Allotment 14 and Allotment 20, Mallala comprised in Certificate of Title Volume 5862 Folio 8 and Volume 6163 Folio 218,

2. and in the event that objections are received to the leasing of portion of Allotment 14 and Allotment 20, Mallala comprised in Certificate of Title Volume 5862 Folio 8 and Volume 6163 Folio 218 during the public consultation process, a report be presented to Council for consideration,

3. and in the event that no objections are received to the leasing of portion of Allotment 14 and Allotment 20, Mallala comprised in Certificate of Title Volume 5862 Folio 8 and Volume 6163 Folio


218, by the conclusion of the public consultation process, the Chief Executive Officer be authorised to negotiate and finalise any outstanding terms of the lease

4. authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the lease agreement between the Adelaide Plains Council and the Mallala Netball Club

5. In accordance with Section 166(1)(j) of the Local Government Act 1999, Council, being satisfied that the portion of Allotment 14 and Allotment 20, Mallala comprised in Certificate of Title Volume 5862 Folio 8 and Volume 6163 Folio 218, is being used by an organisation which, in the opinion of Council, provides a benefit or service to the local community, grants a discretionary rebate of 100 precent (%) of the rates imposed, effective from the 2017/18 rating year.”


Impact Summary


Financial The Lessee will contribute 50% of the advertising costs for public consultation


Real Property Act 1886

Work Health and Safety Act 2012 (SA)

Landlord and Tenant Act 1936

Risk The Lessee occupies and uses the Land at the Lessee’s risk and with the knowledge that the Council does not warrant that the land is safe or suitable for the Permitted Use

Consultation Consultation in the drafting of a proposed lease agreement has been undertaken by Council staff in negotiation with the Mallala Netball Club (Lessee).

The land in question is Community Land and as the lease term exceeds 5 years, community consultation is required in accordance with Section 202 of the Local Government Act 1999 and Council’s Public Consultation Policy

Asset Management Plans All improvements on the land, excluding the Netball Court surface, will become the assets of the Lessee and will be their responsibility to maintain and insure

Service Standards Nil


Background

Last year the Mallala Netball Club submitted a proposal to Council to resurface their two (2) netball courts and extending the courts in a southerly and easterly direction to meet International Federation of Netball Rules as well as alleviating any potential injury to players as there is not enough court clearance to a cement retaining wall on the northern side of the courts.

The club would like to host netball finals and the proposed upgrade of the courts would facilitate this proposal.

To extend the courts in an easterly and southerly direction requires the court to be extended an additional 3.0 to 3.2 metres and a further 240m2 of asphalt to be added.

To extend the two netball courts 3.2 metres in a southerly direction will also require the open stormwater swale between the playground and netball courts to be realigned and upgraded to a kerb and concrete watertable.

The cost for Council to extend the courts in an easterly and southerly direction and to realign and upgrade the stormwater is estimated to cost $32,296 (including GST).

Once the above extension of the courts and upgrade of the stormwater is completed by Council, the Mallala Netball Club have agreed to fund the court resurfacing, line marking and replacement fencing at an estimated cost of $51,524 (including GST).

The total cost of the project is $83,820 (including GST) including Council’s contribution of $32,296 (including GST).

The Mallala Netball Club wish to make application for a grant of 50% of this project cost – i.e. 50% x $83,820.00 = $41,910.00 to the Office for Recreation and Sport and with the balance of $41,910.00 to be financed by the Mallala Netball Club.

If successful, no contribution will be required from Council.

The club have requested that the project be considered for inclusion in Council’s 2017/18 budget deliberations.

However, to be eligible for grant funding from the Office for Recreation and Sport the Mallala Tennis Club is required to have a lease with Council or be in the process of finalising a lease with Council.

Further, Council as the landowner would need to complete a Landowner Consent Form from the Office for Recreation and Sport consenting to the project and detailing the lease conditions and any funding support. The Club propose to make application for funding in the current April grant funding round.

The club would be advised by the Office for Recreation and Sport of whether or not they had been successful in August 2017. PUBLIC COPY - Ordinary Council Meeting Page 117 of 217 20 March 2017

Accordingly, Council administration has been negotiating with the club in relation to the preparation of a lease which is the purpose of this report.

Discussion

The drafting of a proposed lease agreement (Attachment 1) has been prepared by Council’s legal advisors, Norman Waterhouse Lawyers. Council administration has negotiated a number of terms and conditions of the lease which are summarised below:

• The term of the lease to be 10 years with one (1) further right of renewal of 10 years.

• The Annual Lease fee to be $1.00 per annum (exclusive of GST) payable on demand

• The club will be liable for payment of Council rates but have made an application to Council for a Discretionary Rebate of 100% on their rates (Attachment 2) pursuant to Section 166(1)(j) of the Local Government Act 1999, which is available to community organizations which provide a benefit or service to the local community.

• The permitted use is for sporting and recreation purposes

• All improvements on the land, excluding the Netball Court surface, will become the assets of the Lessee and will be their responsibility to maintain and insure

• The club will take out Public Liability Insurance to the value of $20 million

• There are several Special Conditions inserted in the Second Schedule of the lease as follows:

• REPAY LOANS

1.1 If the Council:

o 1.1.1 has lent or advanced money to the Lessee on or before the commencement of this Lease and any part of that loan remains outstanding; or

o 1.1.2 lends money to the Lessee during the Term of this Lease; or

o 1.1.3 acts as a guarantor for any loan or advance taken out by the Lessee,

o then the Lessee must repay the money so lent or advanced, together with all interest payable, in accordance with any loan agreement entered into for that purpose (Loan Agreement).


1.2 Any breach or default by the Lessee under the Loan Agreement will be deemed to be a breach by the Lessee of this Lease entitling the Council to exercise any of its rights against the lessee, including without limitation the right to terminate this lease pursuant to clause 17.4

• PUBLIC ACCESS

o The Lessee must allow free and unrestricted access by the public to the netball courts outside of training and game times for the Lessee

A plan of the leased land, highlighted in red, is shown below:

Annexure A - Lease Plan


Public Consultation

The land in question is Community Land and as the lease term exceeds 5 years, community consultation is required in accordance with Section 202 of the Local Government Act 1999 and Council’s Public Consultation Policy.

Public notices will be inserted in the Bunyip and Plains Producer newspapers.

A further report will need to be submitted to Council summarising any objections (if any) resulting from the public consultation process prior to Council authorising the execution of the lease.

Summary

• A formal Lease Agreement will define the responsibilities of the Lessee and absolve Council from any potential risk accordingly

• A formal lease will permit the Mallala Netball Club to make application for government funding or subject to Council consent, seek a Debenture loan from the Local Government Finance Authority of SA

• Special Conditions have been inserted in the lease

• The Draft Lease Agreement (Attachment 1) prepared by Council’s legal advisors and in consultation with the Mallala Netball Club (Lessee) will be made available to the community who will be invited to make submissions to Council in regard to the proposed lease of the community land


Attachment 1 to report 17.1 - Mallala Netball Club - Proposed Lease

dated 20 March 2017

Lease Agreement


LEASE AGREEMENT MALLALA RECREATION RESERVE WASLEYS ROAD, MALLALA Adelaide Plains Council Mallala Netball Club Incorporated (ABN) 21 632 892 944

Level 15, 45 Pirie Street Adelaide SA 5000 Telephone + 61 8 8210 1200 Fax + 61 8 8210 1234 www.normans.com.au


YXM\M00289217F04659924.DOCX

DATE PARTIES ADELAIDE PLAINS COUNCIL of 2A Wasleys Road, Mallala SA 5502 (Council) MALLALA NETBALL CLUB INCORPORATED (ABN) 21 632 892 944 of PO Box 802, Mallala SA 5502 (Lessee) BACKGROUND A. The Council is the registered proprietor of the Land.

B. The Lessee has requested a lease to use the Premises for the Permitted Use.

C. The Council has resolved to grant the Lessee a lease of the Premises and (if necessary) undertaken public consultation and/or been granted Parliamentary approval in accordance with the Local Government Act 1999 (SA).

D. The Council and Lessee wish to record the terms of their agreement in this lease.

AGREED TERMS 1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

In this lease:

Act means the Retail and Commercial Leases Act 1995 (SA).

Agreed Consideration means the Rent, Outgoings and all other consideration (whether in money or otherwise) to be paid or provided by the Lessee for any supply or use of the Premises and any goods, services or other things provided by the Council under this lease (other than tax payable under clause 19).

Business Day means a day which is not a Saturday, Sunday or public holiday in Adelaide.

Commencement Date means the commencement date described in Item 3 of the First Schedule.

Common Areas means all areas of the Land which are not leased or tenanted and which are for common use by tenants and lessees of the Land and their invitees and customers including driveways, car parks, walkways, washrooms, toilets and stairways.

Council means the party described as ‘Council’ in this lease and where the context permits includes the employees, contractors, agents and other invitees of the Council.

Council's Equipment means all fixtures and fittings, plant, equipment, services, chattels and other goods installed or situated in or on the Premises


YXM\M00289217F04659924.DOCX

and available for use by the Lessee but does not include the Lessee’s Improvements and Equipment.

CPI means the consumer price index published by the Australian Bureau of Statistics for All Groups (Adelaide) or the index which replaces it under clause 4.2.

Current CPI means for a CPI Review Date, the CPI number for the quarter ending immediately before that Review Date.

Default Rate means the rate which is two per centum (2%) per annum greater than the published annual rate of interest charged from time to time by Westpac Banking Corporation on overdraft facilities of more than $100,000.00 and if there is more than one rate published the highest of those rates.

GST has the meaning given to that term in the GST Legislation.

GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any ancillary or similar legislation.

GST Rate means 10% or the rate of GST imposed from time to time under the GST Legislation.

Improvements means the interior and exterior of all present and future improvements on the Land and includes all Services and Common Areas and all other conveniences, services, amenities and appurtenances of in or to the Improvements but does not include the Lessee’s Improvements and Equipment.

Institute means the South Australian Division of the Australian Property Institute.

Initial Term means the initial term of this lease commencing on the Commencement Date and described in Item 3 of the First Schedule.

Land means the land described in Item 2 of the First Schedule and includes any part of the Land.

Legislation includes any relevant Act of Parliament (whether State or Federal) and any regulation or by-law including by-laws issued by any local government body or authority.

Lessee means the party described as ‘Lessee’ in this lease and where the context permits includes the members, employees, contractors, agents, customers, visitors and any other invitees of the Lessee.

Lessee's Improvements and Equipment means the improvements, fixtures and fittings and other equipment installed in or brought on to or kept in the Premises by the Lessee and as at the date of this lease includes those items listed at Item 10 of the First Schedule.

Lessee’s Share means the proportion the area of the Premises bears from time to time to the total area of the Land as measured in accordance with the method of measurement recommended for such Premises by the Institute’s guidelines current as at the Commencement Date or such other Institute method of measurement as the Council notifies the Lessee.


YXM\M00289217F04659924.DOCX

Liquor Act means the Liquor Licensing Act 1997 (SA).

Outgoings means the outgoings described in Item 6 of the First Schedule.

Payment Date means the Commencement Date and each anniversary of the Commencement Date during the Term.

Permitted Use means the use described in Item 7 of the First Schedule.

Premises means the premises described in Item 1 of the First Schedule including the Improvements and the Council's Equipment but does not include the Lessee’s Improvements and Equipment.

Previous CPI means, for a CPI Review Date, the CPI number for the quarter ending immediately before the last Review Date (or if there has not been a review, the Commencement Date).

Rates and Taxes means all present and future rates, charges, levies, assessments, duty and charges of any Statutory Authority, department or authority having the power to raise or levy any such amounts in respect of the use, ownership or occupation of the Land or Premises and includes water and sewer charges, council rates, emergency services levy and, subject to the Act, land tax (on a single holding basis).

Renewal Term means the term(s) of renewal or extension described in Item 9 of the First Schedule.

Rent means the rent described in Item 4 of the First Schedule.

Review Date means each date described in Item 5 of the First Schedule.

Review Method means the relevant method of rent review in Item 5 of the First Schedule for any Review Date.

Services includes all services (including gas, electricity, water, sewerage, lifts, escalators, communications, fire control, air-conditioning, plumbing and telephone and all plant, equipment, pipes, wires and cables in connection with them) to or of the Improvements or any premises in or on the Land supplied by any authority, the Council or any person the Council authorises.

Statutory Authorities means any government or authorities created by or under any relevant Legislation (including the Council in its separate capacity as local government authority).

Statutory Requirements means all relevant Legislation and all lawful conditions, requirements, notices and directives issued or applicable under any such Legislation or by any Statutory Authorities.

Term means the Initial Term, the Renewal Term and any period during which the Lessee holds over or remains in occupation of the Premises.

Valuer means a qualified valuer appointed to make a determination under this lease:

(a) who is appointed by agreement of the Council and the Lessee or, failing agreement within 14 days of either notifying the other of the


YXM\M00289217F04659924.DOCX

requirement for such appointment, at the request of either the Council or the Lessee, by the President or acting President of the Institute;

(b) who has practised as a valuer with a minimum of five years relevant experience; and

(c) who acts as an expert and not as an arbitrator.

Yearly Amounts means the aggregate of the Rent, Outgoings and any other moneys payable by the Lessee during the Term.

1.2 Interpretation

In this lease, unless the context otherwise requires:

1.2.1 headings do not affect interpretation;

1.2.2 singular includes plural and plural includes singular;

1.2.3 words of one gender include any gender;

1.2.4 a reference to a party includes its executors, administrators, successors and permitted assigns;

1.2.5 a reference to a person includes a partnership, corporation, association, government body and any other entity;

1.2.6 a reference to this lease includes any schedules and annexures to this lease;

1.2.7 a reference to any document (including this lease) is to that document as varied, novated, ratified or replaced from time to time;

1.2.8 an agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

1.2.9 an agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

1.2.10 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

1.2.11 a provision is not construed against a party only because that party drafted it;

1.2.12 an unenforceable provision or part of a provision may be severed, and the remainder of this lease continues in force;

1.2.13 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;

1.2.14 an expression defined in the Corporations Act 2001 (Cth) has the meaning given by that act at the date of this lease;


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1.2.15 the covenants and powers implied in leases by virtue of sections 124 and 125 of the Real Property Act 1886 apply and are implied in this lease unless they are expressly or impliedly excluded or modified; and

1.2.16 the special conditions in the Second Schedule prevail over the terms in the body of this lease to the extent of any inconsistency.

1.3 Retail and Commercial Leases Act

If the Act applies to this lease:

1.3.1 this lease must be interpreted subject to the Act;

1.3.2 any right, power or remedy of the Council or obligation or liability of the Lessee that is affected by the Act is unenforceable or void but only to the extent that it is expressly made unenforceable or void by the Act.

1.4 Background

The Background forms part of this lease and is correct.

2. GRANT OF LEASE

2.1 The Council grants and the Lessee accepts a lease of the Premises for the Term as set out in this lease.

2.2 The Lessee owns the Lessee’s Improvements and Equipment.

3. RENT

3.1 Payment of Rent

The Lessee must pay the Rent by equal instalments in advance on each Payment Date (if demanded).

3.2 Instalment

If a rent instalment period is less than any one quarter of a financial year, then the instalment for that period is calculated at a daily rate based on the number of days in the quarter in which that period begins and the quarterly instalment which would have been payable for a full quarter.

4. RENT REVIEWS

4.1 CPI review

Where the Review Method for any Review Date is CPI, the Rent on and from that Review Date is calculated as follows:

IPreviousCPCurrentCPIRR 12

Where:

R2 is the Rent on and from the Review Date; and


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R1 is the Rent immediately before the Review Date (disregarding any abatements incentives or reductions).

4.2 Change to CPI

If the CPI is no longer published, either party may ask the President of the Institute to nominate an index which reflects the rate of price change in the area and group for the CPI and ‘CPI’ then means that index. Each party must pay one half of the President’s costs for nominating an index.

4.3 Rent pending determination

4.3.1 The Rent may be reviewed at any time from a Review Date even if the review is instituted after that Review Date.

4.3.2 If the Rent to apply on and from a Review Date is not agreed or determined by that Review Date, the Lessee must continue to pay instalments of Rent at the rate that applied before the relevant Review Date until the Rent is determined.

4.4 Adjustment once Rent determined

Once the Rent to apply on and from a Review Date is agreed or determined, the Lessee must pay any shortfall and the Council must allow any adjustment for overpayment at the next Payment Date.

4.5 No decrease in Rent

Subject to the Act, the Rent will not decrease on a Review Date.

4.6 Other review

Subject to the Act, the Council and Lessee may negotiate and agree a Rent to apply from a Review Date without following this clause.

5. RATES AND TAXES AND OUTGOINGS

5.1 Liability for Rates and Taxes

5.1.1 The Lessee must pay or reimburse the Council all Rates and Taxes levied, assessed or charged in respect of the Premises or upon the owner or occupier of the Premises.

5.1.2 The Rates and Taxes must be adjusted between the Council and the Lessee as at the Commencement Date and the end or termination date of this Lease.

5.2 Liability for Outgoings

5.2.1 The Lessee must pay or reimburse the Council all Outgoings levied, assessed or charged in respect of the Premises or upon the owner or occupier of the Premises.

5.2.2 The Outgoings must be adjusted between the Council and the Lessee as at the Commencement Date and the end or termination date of this lease.


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5.3 Lessee’s Share

If any Rates and Taxes or Outgoings are not separately assessed or charged in respect of the Premises, then the Lessee must pay the Lessee’s Share of any such Rates and Taxes or Outgoings assessed or charged in respect of the Land.

5.4 Power and other utilities

5.4.1 The Lessee must pay, when due, all costs for the supply and consumption of telephone, electricity, gas, water and any and all other services and utilities supplied to or used from the Premises.

5.4.2 If there is no separate meter for a service or utility used on or from the Premises and if the Council so requires, then the Lessee will install the meter at its own cost.

5.4.3 The Lessee shall be responsible for all electrical tagging and testing as required of the Lessee’s Improvements and Equipment at the Premises.

5.4.4 Without limiting this subclause, the Lessee must comply with the Electricity (General) Regulations 2012 (SA) and any other applicable electricity laws.

6. USE OF PREMISES

6.1 Permitted Use

The Lessee may use the Premises only for the Permitted Use and must not use or allow the Premises to be used for any other use without the Council’s consent.

6.2 Offensive activities

The Lessee must:

6.2.1 not carry on any offensive or dangerous activities on or from the Premises;

6.2.2 not create a nuisance or disturbance for the Council or for the owners or occupiers of any adjoining property; and

6.2.3 ensure at all times that activities conducted on or from the Premises do not discredit the Council.

6.3 Use of facilities

6.3.1 The Lessee must ensure that the Services are used carefully and responsibly and in accordance with any directions given by the Council from time to time.

6.3.2 The Lessee must repair or correct any damage or malfunction which results from any misuse or abuse of the Services by the Lessee.


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6.4 Statutory Requirements

The Lessee must comply with all Statutory Requirements (including the Work Health and Safety Act 2012 (SA)) relating to:

6.4.1 the Lessee's use and occupation of the Premises;

6.4.2 the Permitted Use.

6.5 Signs

6.5.1 The Lessee must not place any sign or advertisement on the outside or inside (if they can be seen from outside) of the Premises, except a sign or advertisement which:

6.5.1.1 is approved by the Council; and

6.5.1.2 complies with any relevant Statutory Requirements.

6.5.2 Council reserves the right to require the Lessee to place any sign or advertisement on the outside or inside of the Premises in accordance with Council’s policy at the time.

6.6 Dangerous equipment and installations

The Lessee may only install or use within the Premises equipment and facilities which are reasonably necessary for and normally used in connection with the Permitted Use and must not install or bring onto the Premises:

6.6.1 any electrical, gas powered or other machinery or equipment that may pose a danger, risk or hazard;

6.6.2 any chemicals or other dangerous substances that may pose a danger, risk or hazard; or

6.6.3 any heavy equipment or items that may damage the Premises or Improvements.

6.7 Fire precautions

The Lessee must comply with all Statutory Requirements relating to fire safety and procedures including any structural works or modifications or other building works which are required as a consequence of the Lessee’s use of the Premises.

6.8 Security

The Lessee must keep the any buildings on the Premises securely locked at all times when the Premises are not occupied and must provide a key to the Premises to the Council (or if the Council has engaged a manager, then to the manager) to be used only in emergencies.

6.9 No warranty

The Council makes no warranty or representation regarding the suitability of the Premises (structural or otherwise) for the Permitted Use or any other purpose.


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7. LIQUOR LICENCE

7.1 Service of alcohol

The Lessee must not:

7.1.1 serve, sell or provide to persons; or

7.1.2 consume or allow persons to consume;

alcoholic beverages on the Premises except in accordance with a Liquor Licence obtained pursuant to clause 7.2 and otherwise in accordance with this clause.

7.2 Obtaining Liquor Licence

7.2.1 The Lessee is responsible for and will take all steps necessary in order to obtain all necessary licences under the Liquor Act (Liquor Licence).

7.2.2 In addition to the requirements of clause 7.2.1, the Lessee must obtain all other approvals, licences, consents and renewals as may be necessary to serve or sell alcoholic beverages on the Premises.

7.2.3 The Lessee must obtain the Council’s consent which may be withheld at the Council’s discretion prior to seeking to obtain a Liquor Licence for the Premises and prior to agreeing to any conditions of the Liquor Licence.

7.3 Maintenance of Liquor Licence

7.3.1 The Lessee must not do anything or allow anything to be done that would result in the Liquor Licence or any other licence, approval or consent issued under the Liquor Act relating to the Premises or any business conducted from the Premises:

7.3.1.1 not being renewed or being suspended or forfeited or removed from the Premises;

7.3.1.2 which results in more onerous conditions being imposed on or in respect of such Liquor Licence;

7.3.1.3 which has or may have any prejudicial effect on any such Liquor Licence; or

7.3.1.4 which may constitute or result in the commission of any offence under the Liquor Act.

7.3.2 Without limiting clause 7.3.1, the Lessee must not without the Council’s prior written consent apply under the Liquor Act or to any other Statutory Authority to decrease or restrict the hours of trading permitted under the Liquor Licence or the Liquor Act in respect of the Premises.

7.3.3 The Lessee must at its own cost and expense in all things, comply with and observe, and carry out and perform all of the requirements of the Liquor Licence and the Liquor Act and all directions and requirements relating to the Premises and the business conducted on the Premises


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which may be issued under the Liquor Act or by any person or authority with lawful jurisdiction.

7.3.4 Where the Lessee is required pursuant to the terms of the Liquor Licence or under the Liquor Act or in pursuance of any direction or requirement issued under that Act or by any other person or authority with lawful jurisdiction, to carry out works, then such works must be carried out in a good manner which is consistent with that of one skilled in the works carried out, within the timeframe required and to the satisfaction of the person or authority who required the work to be completed.

7.3.5 The Lessee must renew the Liquor Licence and keep it current at all times during the Term.

7.3.6 On request by the Council, the Lessee must supply the Council with copies of all statutory declarations and other forms, letters, applications and material supplied by the Lessee to the Liquor and Gambling Commissioner and/or any other authorities under the Liquor Act.

7.3.7 If the Lessee or any manager, licensee or employee of the Lessee receives or is served with any summons, complaint or other legal process or any notice, requirement or further communication from any person or authority acting under the Liquor Act or otherwise relating to the Liquor Licence, then the Lessee must immediately inform the Council of the same and provide all particulars requested by the Council.

7.4 Transfer of Liquor Licence after termination

Upon the expiration or sooner termination of this lease, the Lessee will, if so requested by the Council, use its best endeavours to transfer to the Council or its nominee, the Liquor Licence and all other licences, approvals and consents at no cost to the Council or its nominee.

8. INSURANCE

8.1 Lessee must insure

The Lessee must keep current during the Term:

8.1.1 public liability insurance for at least the amount in Item 8 of the First Schedule (or any other amount the Council reasonably requires) for each claim;

8.1.2 all insurance in respect of the Premises for its full replacement value (as reasonably determined by the Council);

8.1.3 all insurance in respect of the Lessee’s Improvements and Equipment for its full replacement value; and

8.1.4 other insurances required by any Statutory Requirement or which the Council reasonably requires.


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8.2 Requirements for policies

Each policy must:

8.2.1 be with an insurer and on terms reasonably approved by the Council;

8.2.2 be in the name of the Lessee and note the interest of the Council and any other person the Council requires;

8.2.3 cover events occurring during the policy’s currency regardless of when claims are made; and

8.2.4 note that despite any similar policies of the Council, the Lessee’s policies will be primary policies.

8.3 Evidence of insurance

The Lessee must give the Council certificates evidencing the currency of each policy. During the Term the Lessee must:

8.3.1 pay each premium before it is due for payment;

8.3.2 give the Council certificates of currency each year when the policies are renewed and at other times the Council requests;

8.3.3 not vary, allow to lapse or cancel any insurance policy without the Council’s consent; and

8.3.4 notify the Council immediately if a policy is cancelled or if an event occurs which could prejudice or give rise to a claim under a policy.

9. REPAIR AND MAINTENANCE

9.1 Repair

9.1.1 The Lessee must keep and maintain the Premises, the Lessee’s Improvements and Equipment and any Services situated within the Premises and which exclusively service the Premises in good repair, order and condition.

9.1.2 If Council requires the Lessee to do so, the Lessee must promptly repair any damage caused or contributed to by the act, omission, negligence or default of the Lessee.

9.1.3 The Lessee must keep and maintain all lawns, grassed areas, shrubs, plans and gardens neat, tidy, well trimmed and pruned and the Lessee shall water and nurture them as they require to subsist and flourish.

9.2 Maintain and replace

The Lessee must maintain the Lessee’s Improvements and Equipment and items in or attached to the Premises, and, if damaged or worn, repair them or replace them with items of quality similar to those in use at the Commencement Date, or, if previously replaced with the Council’s approval, when last replaced.


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9.3 Alterations by Lessee

9.3.1 The Lessee must not carry out any alterations or additions to the Premises without the Council’s consent.

9.3.2 The Lessee must provide full details of the proposed alterations and additions to the Council.

9.3.3 The Council may impose any conditions it considers necessary if it gives its approval, including requiring the Lessee to obtain the Council’s consent to any agreements that the Lessee enters into in relation to the alterations or additions.

9.3.4 The Lessee must carry out any approved alterations and additions:

9.3.4.1 in a proper manner which is consistent with that of one skilled in the works carried out;

9.3.4.2 in accordance with the conditions imposed by the Council and with the approvals made by Council in its capacity as lessor under this lease;

9.3.4.3 in accordance with all Statutory Requirements; and

9.3.4.4 in a way to minimise disturbance to others.

9.3.5 Unless otherwise agreed in writing between the parties, all alterations and additions to the Premises made pursuant to this clause become the property of the Council.

9.3.6 The Lessee must pay all of the Council’s costs (including consultant’s costs and legal costs) as a result of the Lessee’s alterations and additions.

9.4 Cleaning

The Lessee must:

9.4.1 keep the Premises and the Lessee’s Improvements and Equipment clean and tidy;

9.4.2 keep the Premises and the Lessee’s Improvements and Equipment free of vermin, insects and other pests;

9.4.3 promptly remove any graffiti from the Premises and the Lessee’s Improvements and Equipment; and

9.4.4 not cause the Common Areas to be left untidy or in an unclean state or condition.

9.5 Painting

9.5.1 The Lessee must, not less frequently than every five years during the Term:

9.5.1.1 clean and repair all surfaces to be redecorated; and


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9.5.1.2 paint (with at least two coats), or stain, varnish or polish each surface to be redecorated according to the previous treatment of that surface, in colours to be approved by Council.

9.5.2 The Lessee must carry out the refurbishment to a standard appropriate to the Premises when they were last refurbished with the Council’s approval, or if they have not been so furbished, to their standard at the Commencement Date.

10. ASSIGNMENT, SUBLETTING AND CHARGING

10.1 Assignment

The Lessee may not, subject to the Act, assign its interest in this lease. Where the Lessee is permitted to assign its interest in this lease under the Act, the Lessee may only do so if:

10.1.1 the proposed assignee does not change the Permitted Use;

10.1.2 the proposed assignee is able to meet the financial obligations under this lease;

10.1.3 the Lessee does not make a profit on the assignment of the lease; and

10.1.4 the Lessee has complied with the Council’s procedural requirements for obtaining the Council’s consent.

10.2 Subletting

The Lessee must not sublet or license any part of the Premises without the Council’s consent.

10.3 Hiring out Premises

Subject to clauses Error! Reference source not found. and 10.4, the Lessee may hire out the Premises on a casual basis without the Council’s consent provided that hiring the Premises is consistent with the Permitted Use.

10.4 Hire charges

The Lessee acknowledges and agrees that any rate charged for use of Premises will be no more than the rates stated in the Council’s fee and charges register as outlined on the Council’s website.

11. LESSEE GOVERNANCE

11.1 On or before the Commencement Date and at any time they are updated the Lessee must provide to the Council a copy of the Lessee’s constitution and any other documents that regulate its governance and operations.

11.2 The Lessee must provide to the Council any information in relation to the Lessee’s use and occupation of the Premises and finances reasonably required by the Council.


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12. COUNCIL’S OBLIGATIONS AND RIGHTS

12.1 Quiet enjoyment

Subject to the Council’s rights and to the Lessee complying with the Lessee’s obligations under this lease, the Lessee may occupy the Premises during the Term without interference from the Council.

12.2 Right to enter

The Council may (except in an emergency when no notice is required) enter the Premises after giving the Lessee reasonable notice:

12.2.1 to see the state of repair of the Premises;

12.2.2 to do any repairs or maintenance as deemed necessary by the Council to the Premises or the Improvements or other works which cannot reasonably be done unless the Council enters the Premises;

12.2.3 to do anything the Council must or may do under this lease or must do under any Legislation or to satisfy the requirements of any Statutory Authority; and

12.2.4 to show prospective lessees through the Premises.

12.3 Emergencies

In an emergency the Council may:

12.3.1 close the Premises or Improvements; and

12.3.2 prevent the Lessee from entering the Premises or Improvements.

12.4 Works and restrictions

12.4.1 The Council may:

12.4.1.1 install, use, maintain, repair, alter, and interrupt Services;

12.4.1.2 carry out works on the Improvements (including extensions, renovations and refurbishment); and

12.4.1.3 close (temporarily or permanently) and restrict access to the Common Areas.

12.4.2 The Council must (except in an emergency) take reasonable steps to minimise interference with the Lessee’s use and occupation of the Premises.

12.5 Right to rectify

The Council may at the Lessee’s cost do anything which the Lessee should have done under this lease but which the Lessee has not done or which the Council reasonably considers the Lessee has not done properly.


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12.6 Maintenance

Subject to the Act, the Lessee acknowledges and agrees that the Council has no obligation to maintain, repair or replace (as applicable) the Premises or the Lessee’s Improvements and Equipment.

13. DAMAGE OR DESTRUCTION

13.1 Termination for destruction or damage

13.1.1 If the Premises are destroyed or are damaged so that they are unfit for the Lessee’s use then, within three months after the damage or destruction occurs, the Council must give the Lessee either:

13.1.1.1 a notice terminating this lease (on a date at least one month after the Council gives notice); or

13.1.1.2 a notice advising the Lessee that the Council intends to repair the Premises and/or the Improvements so that the Premises are accessible and the Lessee can occupy and use the Premises (Intention to Repair Notice).

13.1.2 If the Council gives an Intention to Repair Notice but does not carry out the repairs within a reasonable time, the Lessee may give notice to the Council that the Lessee intends to end this lease if the Council does not make the Premises accessible and fit for use and occupation by the Lessee within a reasonable time (having regard to the nature of the required work) (Intention to Terminate Notice).

13.1.3 If the Council does not give a notice under this subclause or does not take the action specified in the Intention to Terminate Notice, the Lessee may end this lease by giving the Council not less than one month’s notice.

13.2 Reduction or abatement of Rent

13.2.1 While the Premises are unfit or inaccessible, the Yearly Amounts are reduced unless:

13.2.1.1 the Premises are unfit or inaccessible; or

13.2.1.2 an insurer refuses to pay a claim;

as a result of a deliberate or negligent act or omission of the Lessee.

13.2.2 The level of the reduction (if any) depends on the nature and extent of the damage.

13.2.3 If the level of the reduction (if any) cannot be agreed it must be determined by a Valuer.

14. REDEVELOPMENT AND DEMOLITION

If as part of any redevelopment or other project conducted by the Council that includes the Premises (Redevelopment), or for any other reason, the Council wishes to demolish or acquire vacant possession of the Premises or any part of the Premises, then the Council may:


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14.1 Redevelopment and Termination

terminate this lease subject to the following provisions:

14.1.1 at any time after providing the Lessee with those details, the Council may give the Lessee a written notice of termination of this lease (Termination Notice) specifying the date on which this lease is to come to an end being a date not less than twelve months after the Termination Notice is given. Unless terminated earlier by the Lessee under clause 14.1.2, this lease comes to an end at midnight on the day specified in the Termination Notice;

14.1.2 at any time after receiving a Termination Notice, the Lessee may terminate this lease by giving not less than seven days’ written notice to the Council; and

14.1.3 when either party terminates this lease under this clause, the rights and obligations of the Council and the Lessee under this lease (except with regard to an existing breach) come to an end.

14.2 Relocation

propose that the Lessee, upon reasonable notice, vacate the Premises and to occupy an alternative site owned by the Council subject to the following conditions:

14.2.1 the Council may at any time after providing the Lessee with those details, give the Lessee a written notice of termination of this lease (Relocation Notice) specifying the date on which the Lessee must relocate being a date not less than six months after the Relocation Notice is given;

14.2.2 where the Lessee agrees to be relocated, the Lessee must relocate to the alternative site on the date stipulated in the Relocation Notice and must give to the Council all assistance and cooperation necessary to give effect to this clause and to the relocation including the execution of any documents or instruments which the Council reasonably requires;

14.2.3 the alternative site must, in the reasonable opinion of the Council, be of comparable quality and utility to the Premises;

14.2.4 any reasonable costs incurred in relocating the Lessee must be borne by the Council; and

14.2.5 the Lessee’s occupation of the alternative site is on the terms in this lease (changed as necessary); or

14.2.6 if the Lessee does not agree to be relocated, the Lessee may terminate the lease.

14.3 Conditions

The Council may only exercise its rights under this clause if it has provided the Lessee with details of the proposed Redevelopment sufficient to indicate a genuine proposal to carry out that Redevelopment within a reasonably practicable time after this lease is to be terminated.


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15. RENEWAL

15.1 Right of renewal

If a right of renewal has been granted to the Lessee as described in Item 9 of the First Schedule, then the Lessee must serve a written notice on the Council not less than three months and not more than six months before the expiry of the Initial Term stating its desire to renew this lease for the Renewal Term. If such notice is given then the Council will be obliged to renew this lease for the Renewal Term on the same terms and conditions as are contained in this lease except for the exclusion of this clause 15.1 commencing immediately after the Initial Term expires.

15.2 No renewal entitlement

The Lessee will not be entitled to a right of renewal if:

15.2.1 the Lessee has been in serious or persistent breach of this lease at any time before giving the notice of the Lessee’s desire to exercise the right of renewal (notice);

15.2.2 the Lessee is in breach of this lease at the time of giving that notice; or

15.2.3 the Lessee is in breach or commits any breach under this lease after giving that notice but before commencement of the Renewal Term.

15.3 Reminder

The Council will endeavour to send a reminder to the Lessee of its obligation to request a renewal.

16. RIGHTS AND OBLIGATIONS ON EXPIRY

16.1 Expiry

16.1.1 This lease comes to an end at midnight on the last day of the Term unless it is terminated earlier by the Council under this lease.

16.1.2 One year before the expiry of the Term, the Lessee will provide to the Council written notice setting out whether or not it seeks a new lease at the end of the Term. The Council does not guarantee the grant of a new lease.

16.2 Handover of possession

16.2.1 Before this lease comes to an end, the Lessee must:

16.2.1.1 unless otherwise allowed by the Council, remove all of the Lessee's Improvements and Equipment and repair any damage caused by such removal;

16.2.1.2 unless otherwise allowed by the Council, remove and reinstate any alterations or additions made to the Premises by the Lessee; and

16.2.1.3 complete any repairs which the Lessee is obliged to carry out under this lease.


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16.2.2 When this lease comes to an end (unless a new lease is granted to the Lessee), if the Lessee’s Improvements and Equipment are not removed by the Lessee, the Lessee’s Improvements and Equipment will vest in the Council for no consideration.

16.3 Abandoned goods

If, when this lease comes to an end, the Lessee leaves any goods or equipment at the Premises, then the Council may deal with and dispose of those goods in accordance with the Act.

16.4 Holding over

If, with the Council’s consent, the Lessee continues to occupy the Premises after the end of this lease, the Lessee does so under a monthly tenancy which:

16.4.1 either party may terminate on one month’s notice given at any time; and

16.4.2 is on the same terms as this lease.

17. BREACH

17.1 Payment obligations

17.1.1 The Lessee must make payments due under this lease:

17.1.1.1 without demand (unless otherwise provided);

17.1.1.2 without set-off, counter-claim, withholding or deduction;

17.1.1.3 to the Council or as the Council directs; and

17.1.1.4 by direct debit or other means directed by the Council.

17.1.2 If a Payment Date does not exist, the Lessee must make any payment due on that Payment Date on demand.

17.2 Set off

The Council may, by notice to the Lessee, set off any amount due by the Lessee to the Council under this lease or otherwise against any amount due by the Council to the Lessee under this lease.

17.3 Council's rights on breach

17.3.1 The Council may come onto the Premises and remedy a breach of this lease without notice:

17.3.1.1 in an emergency; or

17.3.1.2 if the Lessee breaches any provision of this lease and fails to remedy the breach within 14 days after receiving notice requiring it to do so.

17.3.2 The Lessee must pay or reimburse the Council on demand for all costs of remedying the breach.


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17.4 Breach and re-entry

If:

17.4.1 the Lessee fails to pay a sum of money when due and fails to remedy that failure within seven days after receiving notice requiring it to do so;

17.4.2 the Lessee breaches any other provision of this lease and fails to remedy the breach within 14 days after receiving notice requiring it to do so;

17.4.3 the Lessee ceases to be able to pay its debts as they become due;

17.4.4 any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Lessee’s assets, operations or business;

17.4.5 any step is taken to enter into any arrangement between the Lessee and its creditors;

17.4.6 any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the Lessee’s assets or business;

17.4.7 the Lessee is deregistered or dissolved or any step is taken by any person towards that;

17.4.8 the Lessee is a natural person and commits an act of bankruptcy;

17.4.9 the Lessee is convicted of an indictable offence (other than a traffic offence);

17.4.10 execution is levied against the Lessee and not discharged within 14 days; or

17.4.11 the Premises are unoccupied for one month or more without the Council’s consent;

then despite any other clause of this lease, the Council:

17.4.12 may re-enter and repossess the Premises, without prejudice to its other rights; and

17.4.13 is discharged from any claim by or obligation to the Lessee under this lease.

17.5 Rights of Council not limited

A power or right of the Council under this lease or at law resulting from a breach or repudiation of this lease by the Lessee, or the exercise of such power or right, does not limit the Council’s powers or rights.

17.6 Repudiation and damages

17.6.1 The following provisions are essential terms of this lease:

17.6.1.1 the obligation to pay Rent;


YXM\M00289217F04659924.DOCX

17.6.1.2 the obligation to pay Outgoings;

17.6.1.3 the provisions about use of the Premises;

17.6.1.4 the provisions about the repair and maintenance of the Premises;

17.6.1.5 the provisions about additions and alterations to the Premises; and

17.6.1.6 the obligations set out in clause 10.

17.6.2 The Council does not waive the essential nature of an essential term by accepting late payment of Rent or other money or by failing to exercise its rights or by delay in doing so.

17.6.3 Any breach of an essential term by the Lessee is a repudiation of this lease. The Council may at any time accept that repudiation, rescinding this lease.

17.6.4 If:

17.6.4.1 the Council terminates this lease because of a breach of an essential term by the Lessee; or

17.6.4.2 the Lessee repudiates this lease and the Council accepts that repudiation, rescinding this lease;

the Lessee must pay compensation to the Council including Rent and other money which the Council would otherwise have received under this lease for the balance of the Initial Term. The Council must take reasonable steps to mitigate its losses and to endeavour to lease the Premises at a reasonable rent and on reasonable terms.

17.7 Interest on overdue amounts

The Lessee must pay to the Council interest on any overdue amount on demand from when the amount becomes due until it is paid in full. Interest is calculated on outstanding daily balances at the Default Rate.

17.8 Landlord and Tenant Act

A notice under section 10 of the Landlord and Tenant Act 1936 (SA) must allow 14 days for the Lessee to remedy a breach of this lease if it is capable of remedy and to make reasonable compensation in money to the satisfaction of the Council. No period of notice is required in respect of non-payment of Rent.

18. INDEMNITY AND RELEASE

18.1 Risk

The Lessee occupies and uses the Premises at the Lessee’s risk.

18.2 Indemnity

The Lessee is liable for and must indemnify the Council against all actions, liabilities, penalties, claims or demands for any loss, damage, injury or death incurred or suffered directly or indirectly including in connection with:


YXM\M00289217F04659924.DOCX

18.2.1 any act or omission of the Lessee;

18.2.2 the overflow or leakage of water or any other harmful agent into or from the Premises;

18.2.3 any fire on or from the Premises;

18.2.4 loss or damage to property or injury or death to any person caused by the Lessee, the use of the Premises by the Lessee or otherwise relating to the Premises;

18.2.5 a breach of this lease by the Lessee; or

18.2.6 the Lessee’s use or occupation of the Premises.

18.3 Release

The Lessee releases the Council from all actions, liabilities, penalties, claims or demands for any damage, loss, injury or death occurring in the Premises or the Improvements except to the extent that they are caused by the Council’s negligence.

18.4 Indemnities are independent

Each indemnity is independent from the Lessee’s other obligations and continues during this lease and after this lease ends.

19. GOODS AND SERVICES TAX

19.1 If the Council is liable to pay GST in connection with a supply under this lease then:

19.1.1 the Agreed Consideration for that supply is exclusive of GST;

19.1.2 the Council may increase the Agreed Consideration or the relevant part of the Agreed Consideration by the GST Rate; and

19.1.3 the Lessee must pay the increased Agreed Consideration on the due date for payment by the Lessee of the Agreed Consideration.

19.2 Where the Agreed Consideration is increased under this clause, the Council must, on or before the date on which the Agreed Consideration is payable, issue a tax invoice to the Lessee.

19.3 If the Lessee breaches this clause and as a result the Council becomes liable for penalties or interest for late payment of GST, then the Lessee must pay the Council on demand an amount equal to the penalties and interest.

20. RESUMPTION

20.1 The Council may terminate this lease by giving at least three months’ written notice to the Lessee if the Council receives notice of resumption or acquisition of the Premises or the Improvements or Land (or any part of the Improvements or Land affecting the Premises) from or by any Statutory Authority governmental or semi-governmental body.

20.2 The Council may terminate this lease immediately by giving written notice to the Lessee if the Premises or the Improvements or Land (or any part of the


YXM\M00289217F04659924.DOCX

Improvements or Land affecting the Premises) is Crown land dedicated to a particular purpose and:

20.2.1 it is withdrawn from the Council’s care control and management;

20.2.2 the purpose for which it has been dedicated is altered under section 18 of the Crown Land Management Act 2009 (SA); or

20.2.3 the dedication is revoked under section 19 of the Crown Land Management Act 2009 (SA) or other legislation.

20.3 Termination of this lease under this clause releases each party from further liability under this lease, but does not affect a party’s rights or liabilities for a prior breach.

21. MISCELLANEOUS

21.1 Approvals and consents

Unless otherwise provided, the Council may in its discretion give (conditionally or unconditionally) or withhold any approval or consent under this lease.

21.2 Entire agreement

This lease:

21.2.1 constitutes the entire agreement between the parties about the Premises;

21.2.2 supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about the Premises.

21.3 Waiver

If the Council accepts or waives any breach by the Lessee, that acceptance or waiver cannot be taken as an acceptance or waiver of any future breach of the same obligation or of any other obligation under this lease.

21.4 Exercise of power

21.4.1 The failure, delay, relaxation or indulgence by a party in exercising a power or right under this lease is not a waiver of that power or right.

21.4.2 An exercise of a power or right under this lease does not preclude a further exercise of it or the exercise of another right or power.

22. NOTICE

22.1 A notice, demand, consent, approval or communication under this lease (Notice) must be in writing, in English and signed by a person authorised by the sender.

22.2 Without excluding any other method, Notice is sufficiently given:

22.2.1 to the Lessee, if posted by pre-paid post to the last known address of the Lessee;


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22.2.2 to the Council, if posted by pre-paid post to the Council at its principal place of business in South Australia (which is taken to be the address stated in this lease unless the Lessee is or ought reasonably be aware that that is not the Council's principal place of business at the relevant time).

22.3 Notice given by pre-paid post is deemed to have been given five Business Days after posting.

22.4 If two or more people comprise a party, notice to one is effective Notice to all.

23. COSTS

On request, the Lessee must pay or reimburse to the Council:

23.1 one half of advertising as part of undertaking public consultation prior to the grant of this lease as required by the Local Government Act 1999, which costs are estimated to be $300.00 to advertise in The Bunyip and $300.00 to advertise in The Plains Producer (Lessee’s share 50% of actual); and

23.2 all legal and other costs incurred by the Council in consequence of any actual or threatened breach by the Lessee under this lease or in exercising or enforcing (or attempting to do so) any rights or remedies of the Council under this lease or at law or otherwise arising in consequence of any actual or threatened breach by the Lessee.


YXM\M00289217F04659924.DOCX

First Schedule Item 1 Premises

Portion of the land comprised in Certificates of Title Volume 5862 Folio 8 and Volume 6163 Folio 218 being the area(s) delineated in red on the plan at Annexure A

Item 2 Land

The whole of the land comprised in Certificates of Title Volume 5862 Folio 8 and Volume 6163 Folio 218

Item 3 Initial Term

Ten years commencing on [Insert](Commencement Date) and expiring at midnight on [Insert]

Item 4 Rent

$1.00 per annum (exclusive of GST) payable on demand

Item 5 Review Dates and Review Methods

Review Date Review Method

Not applicable

Item 6 Outgoings

Outgoings means the total of all amounts paid or payable by the Council in connection with the ownership, management, administration and operation of the Land and/or Improvements including:

1. the cost of insuring the Improvements including all improvements and Services;

2. the amount of any excess or deductible not paid or excluded under any insurance policy taken out by the Council;

3. all costs (including wages and other usual employment on-costs) of the management, control and administration of the Land or Improvements;

4. all costs of the Council in connection with the operation, supply, maintenance, repair, replacement and renovation of Services and all other facilities within the Common Areas or elsewhere in the Improvements that are provided from time to time;

5. all costs of the Council in connection with providing utilities to the Premises including gas, electricity, and water for the buildings on the Premises;

6. all costs of the Council in connection with the maintenance, repair, replacement and renovation of the Improvements from time to time;


YXM\M00289217F04659924.DOCX

7. all costs of the Council in connection with cleaning, lighting,

heating and air-conditioning the Premises and Common Areas and with providing supplies and consumables for toilets, washrooms and other facilities provided to the Premises and in the Common Areas;

8. all costs of the Council in relation to establishing, maintaining, repairing and replacing common signs, notices and directory boards within the Improvements; and

9. all costs of the Council in connection with providing security in and for and around the Improvements (including equipment, systems and security and other personnel).

Item 7 Permitted Use

Sporting and recreation purposes

Item 8 Public liability insurance

$20,000,000.00

Item 9 Renewal(s) One right of renewal of ten years commencing on [Insert] and

expiring at midnight on [Insert]

Item 10 Lessee’s Improvements and Equipment

Existing shed/verandah, clubrooms, grandstand seating, pergola, seating, fencing, posts and rings and lighting.


YXM\M00289217F04659924.DOCX

Second Schedule Special conditions

1. REPAY LOANS

1.1 If the Council:

1.1.1 has lent or advanced money to the Lessee on or before the commencement of this Lease and any part of that loan remains outstanding; or

1.1.2 lends money to the Lessee during the Term of this Lease; or

1.1.3 acts as a guarantor for any loan or advance taken out by the Lessee,

then the Lessee must repay the money so lent or advanced, together with all interest payable, in accordance with any loan agreement entered into for that purpose (Loan Agreement).

1.2 Any breach or default by the Lessee under the Loan Agreement will be deemed to be a breach by the Lessee of this Lease entitling the Council to exercise any of its rights against the lessee, including without limitation the right to terminate this lease pursuant to clause 17.4.

2. PUBLIC ACCESS

The Lessee must allow free and unrestricted access by the public to the courts outside of training and game times for the Lessee.


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EXECUTED as an agreement COUNCIL The common seal of Adelaide Plains Council was affixed in the presence of:

.............................................................................. Signature of Mayor

.............................................................................. Signature of Chief Executive Officer

.............................................................................. Name of Mayor (print)

.............................................................................. Name of Chief Executive Officer (print)

LESSEE The common seal of Mallala Netball Club Incorporated was affixed in the presence of: Check Constitution

.............................................................................. Signature of Authorised Officer

.............................................................................. Signature of Authorised Officer

.............................................................................. Name (print)

.............................................................................. Name (print)


YXM\M00289217F04659924.DOCX

Annexure A Plan


Attachment 2 to report 17.1 - Mallala Netball Club - Proposed Lease

dated 20 March 2017

Discretionary Rebate Application


President: Sonia AngusPh: 041,9824554

3.5t March 201.7

Mr James Miller,

Chief Executive Officei;

Adelaide Plains Council,

PO Box 1.8,

Mailala SA 5502

Do . 80

Secretary; Tania HeaslipPh: 04279790L3

Q

A .

Dear James,

Re Mallala Netball Club Inc. - Rates and Taxes

Mallala Netball Club have recently been in touch with Rob Adam who has been helping uswith the preparation of a new lease agreement with the Council. He has advised us that we

need to make a written application regarding a rebate for rates and taxes, which is set outbelow.

Treasurer: Jane FarrellyPh: 044721.0663

I

^

^.^

The Malla!a Netball Club Inc. hereby apply. for 1.00% rebate on any rates and taxes payable ,relating to land comprised in or 5862/86;^';^-;^;^^, allotment 14 ^^$^ ''1 '&,^'I;;^^7^^;;;^^^1131^^^e'^18^(^itlee pursuantto Section 1.66 (I. )(j) of

I

the Local Government act 1,999.

Yoursl'aithful!y,

Sonia Angus

President

Maliala Netball Club Inc


17.2 CS Musolino – Proposed Grazing Licence instead of Lease



Report Date: 20 March 2017 Prepared by: Governance Support Officer

Corporate Objective: 5.5 Effective Financial Management that Ensures Council’s Financial Sustainability

Purpose:

To advise Elected Members that the Department of Environment, Water & Natural Resources have not granted consent for Council to lease Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 75, to Ms CS Musolino but does not preclude Council granting a Licence over the land.

Recommendation 1: “that Council, having considered Item 17.2 – CS Musolino – Proposed Grazing License instead of Lease, dated 20 March 2017 receive and note the report and authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the licence agreement between the Adelaide Plains Council and CS Musolino.”


Impact Summary


Financial The Licensee will contribute 50% of the following costs:

• Legal costs of Licence preparation

• Previous advertising costs for public consultation

• Previous application costs to the Minister for Sustainability, Environment & Conservation


Crown Land Management Act 2009

Native Title Act 1993(Cth)(NTA).

Real Property Act 1886

Work Health and Safety Act 2012 (SA)

Landlord and Tenant Act 1936

Risk The Licensee occupies and uses the Land at the Licensee’s risk and with the knowledge that the Council does not warrant that the land is safe or suitable for the Permitted Use

Consultation Public consultation had previously been undertaken when a Lease was proposed. The Licence Agreement has the same terms and conditions except that it does not provide exclusive possession

Asset Management Plans All improvements on the land, including fencing, are owned by the Licensee

Service Standards


Background

• Council Meeting 19 December 2016 – Item 17.6 - Proposed Grazing Lease -Minute Ref: 2016/395, pages 13441 and 13442

• Council Meeting 20 February 2017 – Item 16.3 – Proposed Grazing Lease and Community Consultation – Minute Ref: 2017/030, page 13470

Discussion

At the 19 December 2016 Council Meeting Council passed the following resolution:



“that Council, having considered Item 17.6 – Proposed Grazing Lease dated 19 December 2016, receive and note the report, and in doing so:-

1. authorises Council staff to commence the public consultation process pursuant to Section 202 of the Local Government Act 1999 in regard to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753,

2. and in the event that objections are received to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753 during the public consultation process, a report be presented to Council for consideration,

3. and in the event that no objections are received to the leasing of Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753 by the conclusion of the public consultation process, the Chief Executive Officer be authorised to negotiate and finalise any outstanding terms of the lease,

4. authorises Council staff to make application to the Crown Lands Unit of the Department of Environment, Water & Natural Resources pursuant to Section 22(1) of the Crown land Management Act 2009 seeking Ministerial consent in regard to the granting of a lease to CS Musolino over Section 296 and Sections 335, Redbanks, comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753, and subject to Ministerial consent, authorises, pursuant to Sections 38 and 44 of the Local Government Act 1999, the Mayor and Chief Executive Officer to execute the lease agreement between the Adelaide Plains Council and CS Musolino.”

CARRIED


As advised in my information report to Council on 20 February 2017, Item 16.3 – Proposed Grazing Lease and Community Consultation, Council staff had actioned the Council resolution shown above and in relation to Item 4, Council has now received a response from the Department of Environment, Water and Natural Resources (DEWNR) advising as follows:

“Your application has not been approved as the land concerned has been assessed for the existence of Native Title which has been considered not to be extinguished. It is therefore necessary to comply with the provisions of the Native Title Act 1993(Cth)(NTA) in any future dealings with this land.

Therefore, exclusive possession of the land in the form of a lease cannot be issued. However, the NTA allows for the grant of limited non-exclusive rights over land which provides the opportunity for Adelaide Plains Council as custodian of the land to grant a licence for appropriate activities.”

Ms CS Musolino has been advised of the decision of the Department of Environment, Water and Natural Resources (DEWNR) and is now seeking Council consent to enter into a Licence Agreement with Council and a Draft Licence Agreement (Attachment 1).

The terms and conditions as previously included in the Draft Lease will remain the same as follows:

• The Annual Licence fee to be $500.00 per annum (exclusive of GST) based on advice from Mid-North Valuations

• The Licensee will be liable for payment of Council rates

• The permitted use is for stock grazing

• The Licensee owns all the improvements on the land, including fencing, and is responsible for insurance and maintenance of same The term of the licence to be 10 years with no right of renewal

• There are several Special Conditions inserted in the licence as follows:

o As the land encompasses portion of the Light River at Redbanks, which is subject to flooding, a condition has been added to highlight to the Licensee, that their use and enjoyment of the land may be affected accordingly

o Adjacent to the land is the ‘Wasleys Bridge’ which is State Heritage listed, and requires a major upgrade by Council. A Special Condition has been included in the licence giving Council access to the land should it be deemed necessary to construct a new bridge on the land in the future


o A further Special Condition has been included should Council wish to change the use of the land to a wetland or open space and terminate the licence

A plan of the land, of approximately 3.6 Ha, highlighted in red, is shown below:

Annexure A - Licence Plan


Summary

The Licensee is not proposing to build any structures on the land which would require consultation with the Kaurna Peoples in accordance with the Native Title Act 1993(Cth)(NTA).

The main difference between a Lease and Licence is as follows:

• A Licence does not grant exclusive possession

• A Licence does not create or transfer an interest in the land

• A Licence is not transferable

• The Licence is revocable

It is recommended that Council enter into a Licence Agreement with Ms CS Musolino.


Attachment 1 to report – 17.2 Proposed Grazing Licence

dated 20 March 2017

Draft Licence


GRAZING LICENCE ADELAIDE PLAINS COUNCIL C.S. MUSOLINO

Level 15, 45 Pirie Street Adelaide SA 5000 Telephone + 61 8 8210 1200 Fax + 61 8 8210 1234 www.normans.com.au


YXM\M00289382F04654785.DOC 3

DATE PARTIES ADELAIDE PLAINS COUNCIL of 2A Wasleys Road, Mallala SA 5502 (Council) C.S. MUSOLINO of PO Box 234, Two Wells SA 5501 (Licensee) BACKGROUND A. The Council has the care, control and management of the Land.

B. The Licensee owns property which adjoins the Land (Licensee’s Land).

C. The Licensee has requested a licence of the Land for stock grazing purposes.

D. The Council has resolved to grant the Licensee a non-exclusive licence of the Land and undertaken public consultation in accordance with the Local Government Act 1999.

E. The Council and Licensee wish to record the terms of their agreement in this licence.

AND THE PARTIES AGREE as follows:

1. ACKNOWLEDGEMENT OF BACKGROUND

The preceding statements are accurate and form part of this licence.

2. DEFINED TERMS AND INTERPRETATION

2.1 Introductory

In this licence, unless the contrary intention appears:

2.1.1 a reference to this licence is a reference to this document;

2.1.2 words beginning with capital letters are defined in clause 2.2;

2.1.3 a reference to a clause is a reference to a clause in this licence;

2.1.4 a reference to an Item is a reference to an item in the First Schedule;

2.1.5 a reference to a Schedule is a reference to a schedule of this licence; and

2.1.6 a reference to an Annexure is a reference to an annexure to this licence.

2.2 Defined terms

In this licence:


YXM\M00289382F04654785.DOC 4

Approvals means all approvals required under any Legislation or by any Statutory Authorities.

Business Day means a day which is not a Saturday, Sunday or public holiday in South Australia.

Commencement Date means the commencement date of the Term described in Item 2.

Council means the party described as “Council” in this licence and where the context permits includes the employees, contractors, agents and other invitees of the Council.

Council's Equipment means all fixtures and fittings, plant, equipment, services, chattels and other goods installed or situated in or on the Land (if any) and made available for use by the Licensee.

Default Rate means the rate which is two per centum (2%) per annum greater than the published annual rate of interest charged from time to time by Westpac Banking Corporation on overdraft facilities of more than $100,000.00 and if there is more than one rate published the highest of those rates.

GST has the same meaning as given to that term in the GST Legislation.

GST Legislation means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any ancillary or similar legislation.

GST Rate means 10% or such other percentage equal to the rate of GST imposed from time to time under the GST Legislation.

Land means the land described in Item 1 including the Council's Equipment.

Legislation includes any relevant Statute or Act of Parliament (whether State or Federal) and any regulation or by-law including by-laws issued by any local government body or authority.

Licence Fee means the amount described in Item 3.

Licensee means the party described as “Licensee” in this licence and where the context permits includes the employees, contractors, agents, customers and other invitees of the Licensee.

Licensee’s equipment means any and all fixtures and fittings and other equipment installed in or brought on to the Land by the Licensee, including fencing.

Licensee’s Land means the adjoining land owned by the Licensee being the whole of the land comprised in Certificate of Title Volume 5559 Folio 759.

Payment Date means each date specified in Item 3.

Permitted Use means the use described in Item 4.

Rates and Taxes means all present and future rates, charges, levies, assessments, duty and charges of any Statutory Authority (including the Council in its separate capacity as local government authority), other


YXM\M00289382F04654785.DOC 5

department or authority having the power to raise or levy any such amounts in respect of the use, ownership or occupation of the Land and includes water and sewer charges, council rates, emergency services levy and land tax (on a single holding basis).

Services includes all services (including gas, electricity and water and all plant, equipment, pipes, wires and cables in connection with them as applicable) to, within or associated with the Land supplied by any authority, the Council or any other person the Council authorises.

Statutory Authorities means any government (local, State or Federal) or authorities created by or under any relevant Legislation.

Statutory Requirements means all relevant and applicable Legislation and all lawful conditions, requirements, notices and directives issued or applicable under any such Legislation or by any Statutory Authorities.

Term means the term of this licence commencing on the Commencement Date described in Item 2 and includes any period during which the Licensee holds over under this licence.

2.3 Interpretation

Unless the contrary intention appears:

2.3.1 headings are for convenience only and do not affect interpretation;

2.3.2 the singular includes the plural and vice-versa;

2.3.3 a reference to an individual or person include a corporation, partnership, joint venture, authority, trust, state or government and vice versa;

2.3.4 a reference to any party in this licence, or any other document or arrangement referred to in this licence, includes that party’s executors, administrators, substitutes, successors and permitted assigns;

2.3.5 a reference to any document (including this licence) is to that document as varied, novated, ratified or replaced from time to time;

2.3.6 a reference to any Legislation includes any statutory modification or re-enactment of it or any Legislation substituted for it, and all by-laws, regulations and rules issued under it;

2.3.7 a provision is not construed against a party only because that party drafted it;

2.3.8 a reference in this licence to the Council’s approval or consent, is to the Council’s prior written approval or consent which may be granted or withheld in the absolute discretion of the Council;

2.3.9 a reference to this licence includes any schedules and annexures to this licence;


YXM\M00289382F04654785.DOC 6

2.3.10 “including” and similar expressions are not and must not be treated as words of limitation;

2.3.11 the covenants and powers implied in licences by virtue of Sections 124 and 125 of the Real Property Act 1886 will apply and be implied in this licence unless they are expressly or impliedly excluded or modified;

2.3.12 an expression defined in the Corporations Act 2001 (Cth) has the meaning given by that act at the date of this licence; and

2.3.13 any special condition in the Second Schedule will apply to this licence and in the event of any inconsistency with the terms and conditions in the body of this licence, then those special conditions will prevail.

3. GRANT OF LICENCE

3.1 The Council grants to the Licensee and the Licensee accepts a non-exclusive licence of the Land for the Term as set out in this licence.

3.2 The rights conferred by this licence shall rest in contract only and shall not create or confer upon the Licensee any tenancy, estate or interest in or over the Land and the rights of the Licensee under this licence shall be those of a licensee only and do not comprise or include any further or other rights.

3.3 The Licensee acknowledges and agrees that the Licensee may not prevent members of the public from accessing the Land.

4. LICENCE FEE

The Licensee must pay to the Council the Licence Fee on each Payment Date.

5. USE OF LAND

5.1 Permitted Use

The Licensee must use the Land only for the Permitted Use and must not use or allow the Land to be used for:

5.1.1 residential purposes; or

5.1.2 any other use;

(without the Council’s prior written consent).

5.2 Offensive activities

The Licensee must not carry on any offensive or dangerous activities on or from the Land or create a nuisance or disturbance either: 5.2.1 for the Council; or

5.2.2 for the owners or occupiers of any adjoining property; and

must ensure at all times that activities conducted on or from the Land will not bring any discredit upon the Council.


YXM\M00289382F04654785.DOC 7

5.3 Statutory Requirements

The Licensee, at its own cost, must comply with all Statutory Requirements (including any obligations under the Work Health and Safety Act 2012 (SA)) and reasonable directive of the Council relating to:

5.3.1 the Licensee’s use and occupation of the Land; and

5.3.2 the nature of the Permitted Use conducted on the Land by the Licensee.

5.4 Approvals

5.4.1 The Council does not warrant that it has any or all relevant Approvals for any proposed use of the Land by the Licensee.

5.4.2 The Licensee acknowledges that it is solely responsible for obtaining any Approvals required for its occupation and use of the Land during the Term.

5.4.3 Prior to making any application for any Approvals, the Licensee must first obtain the Council’s consent as to such application.

5.5 Signs

The Licensee must not place any signs or advertisements on the Land except a sign or signs which:

5.5.1 are approved by the Council; and

5.5.2 comply with any relevant Statutory Requirements.

5.6 Dangerous equipment and installations

The Licensee may only install or use within the Land equipment and facilities which are reasonably necessary for and normally used in connection with the Permitted Use.

5.7 Fire precautions

The Licensee must, at its own cost:

5.7.1 comply with all requirements and directives of the Council with regard to fire safety systems and procedures including fire evacuation drills and other procedures; and

5.7.2 comply with all Statutory Requirements relating to fire safety and procedures which are required as a consequence of the Licensee’s particular use of the Land.

5.8 Stock and pasture management

The Licensee must undertake good livestock and pasture management in accordance with usual industry standards.


YXM\M00289382F04654785.DOC 8

5.9 No warranty

The Council makes no warranty or representation regarding the suitability of the Land for the Permitted Use or any other purpose.

6. INSURANCE

6.1 Licensee must insure

The Licensee must keep current during the Term:

6.1.1 public risk insurance for at least the amount in Item 5 (or any other amount the Council reasonably requires) for each claim and unlimited in the annual aggregate;

6.1.2 insurance in respect of the Licensee’s equipment and improvements (if any) for their full replacement value;

6.1.3 other insurances required by any Statutory Requirement or which the Council reasonably requires.

6.2 Requirements for policies

Each policy the Licensee takes out under this clause 6 must:

6.2.1 be with an insurer and on terms reasonably approved by the Council;

6.2.2 be in the name of the Licensee and note the interest of the Council;

6.2.3 cover events occurring during the policy’s currency regardless of when claims are made; and

6.2.4 note that despite any similar policies of the Council, the Licensee’s policies will be primary policies.

6.3 Evidence of insurance

The Licensee must give the Council copies of certificates evidencing the currency of the policies the Licensee has taken out under this clause 6. During the Term the Licensee must:

6.3.1 pay each premium when it is due for payment;

6.3.2 give the Council copies of certificates of currency each year when the policies are renewed and at other times the Council requests;

6.3.3 not allow any insurance policy to lapse or vary or cancel it without the Council’s consent; and

6.3.4 notify the Council immediately if a policy is cancelled or if an event occurs which could prejudice or give rise to a claim under a policy.

6.4 Insurance affected

6.4.1 The Licensee must not do anything that may:


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6.4.1.1 prejudice any insurance of the Land; or

6.4.1.2 increase the premium for that insurance.

6.4.2 If the Licensee does anything (with or without the Council’s consent) that increases the premium of any insurance the Council has in connection with the Land, the Licensee must on demand pay the amount of that increase to the Council.

7. REPAIR AND MAINTENANCE

7.1 Repair, maintain and replace

7.1.1 The Licensee must, at its own cost:

7.1.1.1 maintain the Land in a good and safe condition;

7.1.1.2 undertake pest and weed control in respect of the Land as required;

7.1.2 If the Council requires the Licensee to do so, the Licensee must, at its own cost, promptly repair any damage caused or contributed to by the act, omission, negligence or default of the Licensee.

7.2 Alterations by Licensee

7.2.1 The Licensee must not carry out any alterations, or make any additions, to the Land without Council’s consent.

7.2.2 The Licensee must provide full details of the proposed alterations and additions to the Council.

7.2.3 The Council may impose any conditions it considers necessary if it gives its approval, including requiring the Licensee to obtain the Council’s consent to any agreements that the Licensee enters into in relation to the alterations or additions.

7.2.4 The Licensee must carry out any approved alterations and additions:

7.2.4.1 in a proper and workmanlike manner;

7.2.4.2 in accordance with the conditions imposed by the Council and with the approvals made by Council in its capacity under this Licence;

7.2.4.3 in accordance with all Statutory Requirements; and

7.2.4.4 in a way to minimise disturbance to others.

7.2.5 Unless otherwise agreed in writing between the parties, the Licensee must remove all alterations and additions from the Land at the expiry or termination of this Licence.

7.2.6 The Licensee must pay all of the Council’s costs (including consultant’s costs and legal costs) as a result of the Licensee’s alterations and additions.


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7.3 Cleaning

The Licensee must keep the Land and the Licensee’s improvements and equipment clean and tidy.

7.4 No responsibility by Council

The Licensee acknowledges and agrees that the Council is not responsible for maintenance or repair of the Land.

8. TRANSFERRING, SUBLETTING AND CHARGING

8.1 Transfer

The Licensee must not transfer or assign its interest in this licence or the Land without the Council’s consent.

8.2 Subletting

The Licensee must not sublet or licence any part of the Land without the Council’s consent.

8.3 Charging

8.3.1 The Licensee must not charge the Licensee’s interest in this licence or the Licensee’s equipment or improvements without the Council’s consent.

8.3.2 If the Council consents to a charge then the Licensee must enter into a deed in a form required by the Council that ensures the charge is subject to the Council’s rights under this licence.

8.4 Deemed assignment

If the Licensee is a corporation (not being a company with its shares listed on any Stock Exchange in Australia) or an association, any change in the beneficial ownership of 20% or more of the voting shares in the corporation or any change in the effective control of the corporation or association, will be deemed to be an assignment of the Land requiring the consent of Council under this licence.

8.5 Costs

The Licensee must pay all costs reasonably incurred by the Council (including the costs of any consultant or any legal fees) in relation to any dealing, including in considering whether or not to grant any consent to a request by the Licensee under this clause 8.

9. COUNCIL’S OBLIGATIONS AND RIGHTS

9.1 Quiet enjoyment

Subject to the Council’s rights and to the Licensee complying with the Licensee’s obligations under this licence, the Licensee may use the Land during the Term without interference from the Council.


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9.2 Right to enter

The Council may enter the licensed area at any time.

9.3 Emergencies

In an emergency the Council may:

9.3.1 close the Land; and

9.3.2 prevent the Licensee from entering the Land.

9.4 Right to rectify

Council may at the Licensee’s cost do anything which the Licensee should have done under this licence but which the Licensee has not done or which the Council reasonably considers the Licensee has not done properly.

10. RIGHTS AND OBLIGATIONS ON EXPIRY

10.1 Expiry

This Licence will come to an end at midnight on the last day of the Term unless it is terminated earlier by the Council or the Licensee under any other provision of this licence.

10.2 Handover of possession

Before this licence comes to an end, the Licensee will:

10.2.1 remove all of the Licensee’s equipment and improvements from the Land (including fencing) and repair any damage caused by such removal; and

10.2.2 complete any maintenance and repairs which the Licensee is obliged to carry out under this licence such that the Land is handed over in good and neat condition and repair.

10.3 Abandoned goods

If, when this Licence comes to an end, the Licensee leaves any goods or equipment on the Land, the Council will be entitled to deal with and dispose of those goods.

10.4 Holding over

If, with the Council’s consent, the Licensee continues to occupy the Land after the end of this licence, the Licensee does so under a monthly licence which:

10.4.1 either party may terminate on one month’s notice given at any time; and

10.4.2 is on the same terms as this licence.


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11. BREACH

11.1 Payment obligations

11.1.1 The Licensee must make payments due under this licence:

11.1.1.1 without demand (unless this licence provides demand must be made);

11.1.1.2 without set-off, counter-claim, withholding or deduction;

11.1.1.3 to the Council or as the Council directs; and

11.1.1.4 by direct debit or such other means as directed by the Council.

11.1.2 If a payment is stated to be due on a particular Payment Date (such as the next Payment Date or the first Payment Date after an event) and there is no such Payment Date, the Licensee must make that payment on demand.

11.2 Set off

The Council may, by notice to the Licensee, set off against any amount due and payable under this licence by the Council to the Licensee, any amount due and payable by the Licensee to the Council under this licence or under any other agreement or arrangement.

11.3 Council's rights on breach

11.3.1 The Council may come onto the Land and remedy a breach of this licence without notice:

11.3.1.1 in an emergency; or

11.3.1.2 if the Licensee breaches any provision of this Licence and fails to remedy the breach within 14 days after receiving notice requiring it to do so.

11.3.2 The Licensee must pay or reimburse the Council on demand for all costs of remedying the breach.

11.4 Default, breach and re-entry

If:

11.4.1 the Licensee fails to pay a sum of money when due and fails to remedy that failure within seven days after receiving notice requiring it to do so;

11.4.2 the Licensee breaches any other provision of this licence and fails to remedy the breach within 14 days after receiving notice requiring it to do so;

11.4.3 the Licensee ceases to be able to pay its debts as they become due;


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11.4.4 any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Licensee assets, operations or business;

11.4.5 any step is taken to enter into any arrangement between the Licensee and its creditors;

11.4.6 any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, a provisional liquidator, an administrator or other like person of the whole or any part of the Licensee assets or business;

11.4.7 the Licensee is deregistered or dissolved or any step is taken by any person towards that;

11.4.8 the Licensee is a natural person and commits an act of bankruptcy;

11.4.9 the Licensee is convicted of an indictable offence (other than a traffic offence);

11.4.10 execution is levied against the Licensee and not discharged within 14 days; or

11.4.11 the Land is unoccupied for one month or more without the Council’s consent;

then despite any other clause of this licence, the Council:

11.4.12 may re-enter and repossess the Land, without prejudice to its other rights; and

11.4.13 is discharged from any claim by or obligation to the Licensee under this licence.

11.5 Rights of Council not limited

The rights of the Council under this licence and at law resulting from a breach of this Licence by the Licensee shall not be excluded or limited in any way by reason of the Council having or exercising any powers under this clause 11.

11.6 Landlord and Tenant Act

In the case of a breach or default of any term of this licence where notice is required to be given pursuant to Section 10 of the Landlord and Tenant Act 1936, such notices will provide that the period of 14 days is the period within which the Licensee is to remedy any such breach or default if it is capable of remedy or to make reasonable compensation in money to the satisfaction of the Council. No period of notice is required for the non-payment of the Licence Fee payable pursuant to this licence.

11.7 Repudiation and damages

11.7.1 The Licensee acknowledges that the following obligations under this licence are essential terms:

11.7.1.1 the obligations and prohibitions in relation to use of the Land;


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11.7.1.2 the obligations and restrictions in relation to the Licensee equipment and improvements and additions and alterations to the Land; and

11.7.1.3 the restriction on assignment, subletting, mortgaging and licensing.

11.7.2 If the Council accepts payment of Licence Fee or any other moneys late or does not act or exercise any rights immediately or at all in respect of any breach of an essential term, that conduct on the part of the Council will not be deemed to amount to a waiver of the essential nature of that essential term.

11.7.3 If the Licensee breaches any essential term, that conduct on the part of the Licensee will be deemed to constitute a repudiation of this licence and the Council may at any time thereafter rescind this Licence by accepting that repudiation.

11.7.4 The Licensee agrees that if this licence is terminated by the Council because of a breach by the Licensee of an essential term, or if the Licensee repudiates this licence and the Council accepts that repudiation thereby rescinding this licence, the Licensee will be obliged to pay compensation to the Council including Licence Fee and other moneys which the Council would otherwise have received under this licence for the balance of the Term had the Licensee not breached an essential term or repudiated this licence. In those circumstances the Council will be obliged to take reasonable steps to mitigate its losses and to endeavour to licence the Land at a reasonable Licence Fee and on reasonable terms.

11.7.5 The rights of the Council under this clause 11.7 and any action taken by the Council hereunder do not exclude or limit any other rights or entitlements which the Council has under this licence or at law in respect of any breach or repudiatory conduct on the part of the Licensee.

11.8 Interest on overdue amounts

If the Licensee does not pay an amount when it is due, it must pay interest on that amount on demand from when the amount becomes due until it is paid in full. Interest is calculated on outstanding daily balances at the Default Rate.

12. INDEMNITY AND RELEASE

12.1 Risk

The Licensee occupies and uses the Land at the Licensee’s risk and with the knowledge that the Council does not warrant that the Land is safe or suitable for the Permitted Use.

12.2 Indemnity

The Licensee is liable for and indemnifies the Council against all actions, liabilities, penalties, claims or demands for any loss, damage, injury or death incurred or suffered directly or indirectly including in connection with:


YXM\M00289382F04654785.DOC 15

12.2.1 any act or omission of the Licensee;

12.2.2 the overflow or leakage of sewerage, water or any other harmful agent into or from the Land;

12.2.3 any fire on or from the Land;

12.2.4 loss or damage to property or injury or death to any person caused by the Licensee, the use of the Land by the Licensee or otherwise relating to the Land;

12.2.5 a breach of this licence by the Licensee; or

12.2.6 the Licensee’s use or occupation of the Land.

12.3 Release

The Licensee releases the Council from all actions, liabilities, penalties, claims or demands for any damage, loss, injury or death occurring on the Land except to the extent that they are caused by the Council’s negligence.

12.4 Indemnities are independent

Each indemnity is independent from the Licensee’s other obligations and continues during this licence and after this licence ends.

13. GOODS AND SERVICES TAX

13.1 If a GST applies to impose tax on the Agreed Consideration or any part of it or if the Council is liable to pay GST in connection with this licence or any goods, services or other things supplied under this licence then:

13.1.1 the Agreed Consideration for that supply is exclusive of GST;

13.1.2 the Council may increase the Agreed Consideration or the relevant part of the Agreed Consideration by a percentage amount which is equal to the GST Rate; and

13.1.3 the Licensee shall pay the increased Agreed Consideration on the due date for payment by the Licensee of the Agreed Consideration.

13.2 Where the Agreed Consideration is to be increased to account for GST under this clause 13, the Council shall, on or before the date on which the Agreed Consideration is payable, issue a tax invoice to the Licensee.

13.3 If the Licensee does not comply with its obligations under this licence or with its obligations under GST Legislation in connection with this licence and as a result the Council becomes liable for penalties or interest for late payment of GST, then the Licensee must pay the Council on demand an amount equal to the amount of the penalties and interest.


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14. GENERAL

14.1 Costs

The Licensee must, on request, pay or reimburse to the Council all legal and other costs and expenses incurred by the Council in consequence of any actual or threatened breach by the Licensee hereunder or in exercising or enforcing (or attempting to do so) any rights or remedies of the Council hereunder or at law or otherwise arising in consequence of any actual or threatened breach by the Licensee.

14.2 Waiver

If the Council accepts or waives any breach by the Licensee, that acceptance or waiver cannot be taken as an acceptance or waiver of any future breach of the same obligation or of any other obligation under this licence.

14.3 Notice

14.3.1 Without excluding any other form of service, any notice required to be given or served will be sufficiently given or served as follows:

14.3.1.1 in the case of the Licensee, if posted by pre-paid post to the last known address of the Licensee;

14.3.1.2 in the case of the Council, if posted by pre-paid post to the Council at its principal place of business in South Australia (which is taken to be the address stated in this licence unless the Licensee is or ought reasonably be aware that that is not the Council's principal place of business at the relevant time).

14.3.2 Notice served by pre-paid post will be deemed to have been given or served five Business Days after posting.

14.4 Severance

If any part of this licence is found to be invalid or void or unenforceable, then that part will be severed from this licence and the remainder of this licence will continue to apply.

14.5 Entire agreement

The Council and the Licensee acknowledge and agree that this licence contains and represents the entire agreement reached between them with regard to the Land and that no promises, representations or undertakings, other than those contained in this licence, were made or given or relied upon.

14.6 Resumption

If the Council receives notice of resumption or acquisition of the Land (or any part thereof), including the revocation of the dedication of the Land or a variation to the conditions upon which the Land is dedicated, from or by any Statutory Authority or any governmental or semi-governmental body, then the Council may terminate this licence by giving not less than three months’ written


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notice to the Licensee. When such termination takes effect, the rights and obligations of the Council and the Licensee hereunder will come to an end but if any breach by either party still exists at that time then the rights of the other party with regard to that existing breach will continue.

15. CROWN LAND MANAGEMENT ACT

The Council and the Licensee acknowledge and agree that this is a licence of dedicated Crown Land and is subject to the provisions of the Crown Land Management Act 2009 (SA).

EXECUTED as an AGREEMENT COUNCIL The common seal of Adelaide Plains Council was affixed in the presence of:

.............................................................................. Signature of Mayor

.............................................................................. Signature of Chief Executive Officer

.............................................................................. Name of Mayor (print)

.............................................................................. Name of Chief Executive Officer (print)

LICENSEE Signed by C.S. Musolino in the presence of:

.............................................................................. Signature of witness .............................................................................. Name of witness (print)

.............................................................................. C.S. Musolino


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FIRST SCHEDULE Item 1 Land

Section 296 and Section 335 Hundred of Grace in the Area named Redbanks being the whole of the land comprised in Crown Record Volume 5764 Folio 748 and Volume 5764 Folio 753 being the area delineated in the plan attached at Annexure A

Item 2 Term

10 years commencing on (Commencement Date) and expiring at midnight on

Item 3 Licence Fee

$500 per annum (exclusive of GST) payable on the Commencement Date and each anniversary thereof during the Term (Payment Date)

Item 4 Permitted Use

Stock grazing

Item 5 Public Risk Insurance

Twenty million dollars ($20,000,000.00)


YXM\M00289382F04654785.DOC

SECOND SCHEDULE Special Conditions The terms and conditions (if any) set out in the Second Schedule are deemed to be incorporated into this Licence and, in the event of any inconsistency with the terms and conditions contained in this body of this Licence, then these special conditions will prevail. 1. STORMWATER MANAGEMENT

The Licensee acknowledges and agrees that:

1.1 the Land is held by the Council for stormwater management purposes and to assist the Council to:

1.1.1 manage stormwater runoff and minimise the risk of flooding; and

1.1.2 contribute to water management and re-use;

1.2 the Licensee’s use and enjoyment of the Land may be affected by stormwater inundation, retention and runoff; and

1.3 the Licensee may from time to time need to undertake works to the Land to facilitate stormwater management and the Licensee must allow such works to be undertaken as and when the Council reasonably requires.

2. FENCING

The Licensee is responsible for and for the costs of construction and maintenance of all fencing around the perimeter of the Land in order to keep the land safely and neatly fenced for the Permitted Use.

3. BRIDGE

3.1 Adjacent to the Land is “Wasleys Bridge”, a State Heritage listed bridge.

3.2 Wasleys Bridge is in poor condition.

3.3 In the event Council determines to construct a new bridge, rather than upgrade the existing Wasleys Bridge, it is likely this new bridge would be constructed on the Land.

3.4 The Licensee must accommodate construction of any new bridge on the Land.

3.5 The Licensee acknowledges that a new bridge may reduce the area available for use by the Licensee and construction works may cause disturbance to the Licensee’s use and enjoyment of the Land.

4. NATIVE VEGETATION

4.1 The Licensee must take all reasonable measures and precautions to ensure the native vegetation located on the Land is maintained in a fit and healthy state, to the reasonable satisfaction of the Council.

4.2 The Licensee must at its own cost comply with the Native Vegetation Act 1991 (SA).

5. CONTRIBUTION TO CONSULTATION AND CONSENT COSTS

The Licensee must reimburse 50% of the Council’s costs of:


YXM\M00289382F04654785.DOC

5.1 preparation of this licence, which costs are $1,200 (exclusive of GST) (Licensee’s share 50%);

5.2 advertising as part of undertaking public consultation prior to the grant of this licence as required by the Local Government Act 1999, which costs are estimated to be $300.00 to advertise in The Bunyip and $300.00 to advertise in The Plains Producer (Licensee’s share 50% of actual); and

5.3 applying for the consent of the Minister prior to the grant of this licence as required by the Crown Land Management Act 2009, which costs are $407.00 (Licensee’s share $203.50).

6. REDEVELOPMENT

If at any time the Council wishes to change the use of the Land to a wetland or open space reserve (Redevelopment), then the Council will be entitled to terminate this licence subject to the following provisions:

6.1 the Council must provide the Licensee with details of the proposed Redevelopment sufficient to indicate a genuine proposal to carry out that Redevelopment within a reasonably practicable time after this Licence is to be terminated;

6.2 the Council may at any time after providing the Licensee with the information specified in special condition 6.1, give the Licensee a written notice of termination of this licence (Termination Notice) specifying the date on which this licence is to come to an end being a date not less than six months after the Termination Notice is given. This licence will, unless terminated earlier by the Licensee under special condition 6.3, come to an end at midnight on the day specified in the Termination Notice;

6.3 at any time after receiving a Termination Notice under special condition 6.2, the Licensee may terminate this licence by giving not less than seven days’ written notice to the Council; and

6.4 when this licence is terminated (whether by the Council under special condition 6.2 or by the Licensee under special condition 6.3), the rights and obligations of the Council and the Licensee hereunder will come to an end but if any breach by either party still exists at that time then the rights of the other party with regard to that existing breach will continue.


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Annexure A PLAN





Report Date: 20 March 2017 Prepared by: General Manager Development & Community

Corporate Objective: 3.1.3

5.3.2

Promotion and management of the Animal Management Plan within the community.

Implement a program of continuous improvement in service delivery.

Purpose:

To advise Council of the need to review and set dog registration fees for 2017/2018 and provide a response to the Dog and Cat Management Board.

Recommendation 1: “that Council, having considered Item 17.3 - Animal

Management 2017/2018, dated 20 March 2017, receive and note the report”.

Recommendation 2: “that Council, having considered Item 17.3 - Animal Management 2017/2018, dated 20 March 2017, authorise Council administration to advise the Dog and Cat Management Board of adopted dog registration and management fees for 2017/2018 as outlined in Attachment 1 and draft dog management budget as outlined in Attachment 2”.


Impact Summary


Financial To ensure the administration and enforcement of the provisions of the Dog and Cat Management Act 1995 relating to dogs is cost neutral to Council, an increase in dog registration and management fees is required

Legislation Dog and Cat Management Act 1995

Risk Council is unable to maintain required service level in animal management and does meet community expectation

Consultation Nil


Service Standards Improved administration and enforcement of dog related issues and ability to undertake actions as outlined in the Animal Management Plan.


Background

Councils are required to set dog, and where applicable, cat registration fees pursuant to the Dog and Cat Management Act 1995 (the Act). Councils are also able to set other dog/cat management fees (e.g. impounding, daily holding, etc).

In accordance with Section 26(3) of the Act, money received from dog registrations is expended in the administration or enforcement of the provisions of the Act relating to dogs.

Council does not undertake cat management, but with mandatory desexing and microchipping, and breeder registration of dogs and cats expected in mid 2018, this may change. This would impact on existing service levels and resourcing. Councils will retain discretion over whether they introduce cat registration, limits on numbers or cat confinement, by way of a cat bylaw.

Discussion

Registration fees

The Dog and Cat Management Board ‘the Board’ have requested that Councils submit adopted dog registration and management fees for 2017/2018 by 1 July 2017.

In accordance with recent amendments to the Act, Councils now have the power to approve their own dog and cat registration fees, and other fees (e.g. impounding, daily holding rate, etc). Although fee schedules are still required to be sent to the Board they no longer need to be approved by the Minister.

The current dog registration and management fees charged by Council were approved by the Minister on 27 April 2012. Over the past five years Council has not increased dog registration fees, despite CPI increasing. In this time CPI has increased by 11.4% (to 30 June 2016) and adjoining Councils have increased their fees incrementally.

The process for setting dog registration fees for 2017/2018 has also changed. From 1 July 2017 Councils are required to offer two mandatory registration fee categories.

1. ‘Standard’ (mandatory legislated rebate)

This applies only to a dog or cat (in those Councils where cat registration is applicable) that is both desexed and microchipped. All Councils are required to provide a mandatory percentage rebate off the ‘non-standard’ fee, for a ‘standard’ dog registration or ‘standard’ cat registration (where applicable).

The Board recommends that Councils set a 50% rebate for a ‘standard dog’ or ‘standard cat’ for the 2017/2018 registration period, however Councils have the discretion to determine the percentage rebate they wish to offer. In the future the


Board intends to implement a consistent state-wide rebate for a ‘Standard’ registration.

2. ‘Non-standard’ (full fee)

This applies to all other kinds of dogs or cats (where applicable), even if they are exempt from the requirement to desex or microchip (e.g. dogs/cats belonging to registered breeders, working livestock dogs, etc).

It is recommended that Council submit to the Board a 10% increase to the ‘Non-standard’ or full dog registration fee. This would only increase the current full registration fee of $50 to $55, below the current fees charged by all adjoining Councils and below the average fee of $60.23 for the 69 Councils across the state in 2016/2017. Currently 16 Councils charge less than $50 and 49 Councils charge more. An increase to $55 would also be well below the current dog registration fee ‘cap’ of $85, which the Board has advised will be removed completely in 2017/2018.

As a comparison the full registration fee currently charged by adjoining Councils and Town of Gawler is as follows:

City of Playford $65.00

Light Regional Council $65.00

Wakefield Regional Council $70.00

Town of Gawler $75.00

It is also recommended that the 50% rebate for a ‘Standard dog’ (desexed and microchipped) recommended by the Board be adopted for the 2017/2018 registration period. This is consistent with the current rebate given by Council for dogs that are both desexed and microchipped.

For Council to maintain a satisfactory service level in animal management and meet community expectation, additional revenue generated by appropriate fees is required. Without this justified increase, a reasonable level of service would not be sustainable.

The proposed fee structure would assist additional resourcing, currently required in the Regulatory Services department. This would provide much needed support to the General Inspector and reduce reliance on external parties to provide specific contractor services, e.g. dog registration doorknocks.


Additional resourcing would also enable the General Inspector to improve administrative arrangements and allow a staged and sustainable transition over several years from a single fulltime General Inspector to two officers.

With appropriate resourcing, the more effective implementation of actions outlined in Council’s Animal Management Plan 2012-2017 and completion of the review in 2017 would occur. At present, priority cannot be given to the proactive actions outlined in the Plan due to the often urgent day to day matters involving dogs, fire prevention and other general inspectorial duties.

Since dog registration fees were last increased in 2012, the number of individual dogs registered with Council has increased from 3256 (2012/2013) to 3370 (2015/2016). It is also estimated that from 2011/2012 to 2015/2016 the number of dogs registered with Council (including dogs registered as part of a business registration) has risen from 3188 to 5065.

Constantly increasing dog numbers within the large area of council places an ever increasing burden on Council and the activities undertaken by a sole General Inspector. A comparison with neighbouring council’s, in regard to council areas, number of dogs and general inspectors, is as follows:

Concil Council Area (km2) Number of GI’s No. of Registered Dogs

Playford 346 6 18000 approx

Light 1278 2 3697

Wakefield 3469 1 1708

Gawler 41 2 5500 approx.

APC 932 1 5065

The Two Wells residential development currently under construction will also generate an increasing demand for general inspectorial services.

The recent introduction of the Local Nuisance and Litter Control Act 2016 also places an increased responsibility on Councils to investigate and respond to complaints associated with noise, litter, odour, etc. Some of these regulatory issues will likely require investigation by a General Inspector.

Discretionary rebates

Councils also have the discretion to offer additional non-mandatory or discretionary registration fee rebates if they choose to (e.g. for concession card holders, working PUBLIC COPY - Ordinary Council Meeting Page 184 of 217 20 March 2017

livestock dogs, microchipped only, desexed only, training, etc), which provides flexibility for Councils to tailor registration fees to their local community. These rebates can only be applied once the mandatory ‘standard dog or cat’ rebate has been applied (if applicable).

(Attachment 1) shows the dog registration fee schedule proforma recommended to be submitted to the Board for 2017/2018. Unlike previous years the proforma now requires a separate listing of discretionary rebates based on both ‘Standard’ and ‘Non-standard’ registration fees.

For this reason a direct comparison to previous years is not easily illustrated, suffice to say that (with the exception of working livestock dogs and greyhounds) the generous percentage rebates currently offered by Council are proposed to be maintained. In relation to working dogs and racing greyhounds a 50% reduction is still proposed to be offered, the same as that offered for partial year registration or to concession card holders.

It is noted that all adjoining Councils and Town of Gawler charge more for working dog and greyhound registration, i.e. $19 (Gawler), $16.25 (Playford), $20 (Light) and $18 (Wakefield), compared to $12 (Adelaide Plains).

Other Council approved fees for dog management

Under the Act Councils are also able to set additional fees relating to dog and cat management. It is proposed that all the fees currently set by Council are maintained and increased by approximately 10%, in line with the proposed increase to dog registration fees. They are shown in Attachment 1.

Additional information

As mentioned earlier, mandatory desexing, mandatory microchipping and breeder registration of dogs and cats is expected to be introduced from 1 July 2018. Councils will retain discretion over whether they introduce cat registration, limits on numbers or cat confinement, by way of a cat bylaw.

The increase in the percentage of dog registration fees paid by Councils to the dog and cat management fund will increase from 1 July 2018, to coincide with the introduction of DACO, an online system to manage dogs and cats in South Australia.

Draft dog management budget

The Board also requires a draft dog management budget to be submitted. Council’s General Manager Finance and Economic Development has prepared a draft 2017/2018 budget for submission to the Board (Attachment 2). The draft budget accounts for additional resourcing and takes into account the proposed 10% increase to registration and dog management fees.


At the risk of Council not satisfying its legislative requirements under the Act and meeting community expectation, if Council decides not to increase registration and associated dog management fees it is recommended that Council administration be authorised to advise the Board that no dog registration fee changes are proposed for 2017/2018. However, an exception would be the reduction of the discretionary rebate for working and greyhound racing dogs from 76% to 50%.

Summary

Council charges dog registration and management fees pursuant to the Dog and Cat Management Act 1995. In accordance with Section 26(3) of the Act, money received from dog registrations is expended in the administration or enforcement of the provisions of the Act relating to dogs.

Council is required to advise the Dog and Cat Management Board of adopted dog registration and management fees for 2017/2018. There have been no fee increases since 2012 in the Adelaide Plains Council.

A 10% increase to the $50 registration fee currently charged by Council is proposed. Such an increase would result in a fee below the current state average and assist in ensuring Council can continue to offer adequate general inspectorial and animal management services as required by legislation and to meet community expectation.


Attachment 1 to report 17.3 – Animal Management 2017/2018

dated 20 March 2017

Dog/Cat Registration Fee Schedule Proforma 2017/2018


Adelaide Plains Council

Dog/Cat Registration Fee Schedule Proforma 2017/2018

Registration fees Council adopted fees 2017/2018

Council current fees 2016/2017

Non-Standard dog (N/S) $55 $50 (Ordinary Dog) Standard dog (S) (50% off the Non-Standard dog fee)

50% $27.50 50% $25.00

Non-Standard cat N/A N/A Standard cat (50% off the Non- Standard cat fee)

N/A N/A

Discretionary rebates

Desexed only dog 40% $33

40% off Ordinary Dog fee $30

Microchipped only dog 10% $49.50


Trained dog 10% S $24.75 N-S $49.50


Working livestock dog 50% S $13.75 N-S $27.50


Racing Greyhound 50% S $13.75 N-S $27.50


Concession card 50% S $13.75 N-S $27.50

50% off required fee

Partial year registration 50% S $13.75 N-S $27.50

50% off required fee

Other Council approved fees for dog/cat

management

Transfer of registration $8 $7 Replacement disc $4 $3 Late registration $22 $20 Late business registration $77 $70 Impounding $50 $45 Daily pound holding $22 $20 Business registration $339 $308


Attachment 2 to report 17.3 – Animal Management 2017/2018

dated 20 March 2017

Draft Dog Management Budget 2017/2018


Adelaide Plains Council

Draft Dog Management Budget 2017/2018

Dog Registration fees and fines (140,800) Dog Infringements (16,500) Dog Infringements & Fines (2,420) Dog Control Late Payment Fee (7,656) Resource Sharing Reimbursement (675) Other Revenue NEC (1,200) Salaries & Wages (General Inspector & Admin Support) 106,504 Contractors 4,000 Vehicle Repairs (external) 100 Service Contracts 2,000 Printers 2,700 Materials 600 Diesel 4,000 Electricity 1,000 Tools & Equipment 800 Consumables & Hardware 2,000 Stationery 750 Clothing & Protective Equipment 100 Other Expenses 120 Advertising 1,000 Contributions & Donations 13,000 Postage & Freight 5,000 Telephone 720 Training 720 Travel, Entertainment & Accommodation 300 Vehicle Registrations 530 IT and communications 8,400 60% of new General Inspector costs (0.60 FTE) 32,684 Net Deficit of Dog Management/Administration 17,777





Report Date: 20 March 2017 Prepared by: Executive Assistant

Corporate Objective: 5.1 Effective governance, leadership and teamwork

Purpose:

The Australian Electoral Commission have been engaged to conduct an election and are seeking nominations for the appointment to the Board of Management of the Australia Day Council of South Australia.

Recommendation 1: “that Council, having considered Item 17.4 – Nominations

sought for Board of Management of the Australia Day Council of South Australia, dated 20 March 2017, receives and notes the report, and:-

• Recommends Cr _________ to nominate for the appointment to the Board of Management of the Australia Day Council of South Australia;

Or • Declines to submit for the position of Board of

Management of the Australia Day Council of South Australia .”


Impact Summary


Financial Nil

Legislation Nil

Risk Nil

Consultation Nil




Background

The Australia Day Council of South Australia Incorporated has engaged the Australian Electoral Commission to conduct the election of two Board Members for the appointment to the Board of Management of the Australia Day Council of South Australia.

Discussion

The Election Notice (Attachment 1), advises that Financial members of the Council are eligible to nominate and vote. Adelaide Plains Council is a Financial Member. Nominations are to be made on the prescribed form and a candidate may submit a profile/statement of no more than 300 words, for distribution with ballot material.

In the event that more than two members nominate for the positions, and election is then necessary. Election material will be forwarded to all eligible voters by post. Nominations are to be received no later than 5.00 pm, Australia Central Daylight Time (ACDT) on Monday, 27 March 2017.

Summary

The recommendation provides for two options being that Adelaide Plains Council nominates a current Elected Member for the Board of Management of the Australia Day Council of South Australia, or declines to submit.


Attachment 1 to report 17.4 - Nominations sought for Board of Management of the Australia

Day Council of South Australia dated 20 March 2017

Election Notice – Nomination Form








Corporate Objective: 5.1 Effective governance, leadership and teamwork

Purpose:

To provide Council with an update on the proposed implementation of the Development, Planning and Infrastructure Act 2016, and seek opportunity to investigate the interest and opportunity to establish a Joint Planning Board and/or Regional Assessment Panel in accordance with the requirements of the Planning, Development and Infrastructure Act.

Recommendation 1: “that Council, having considered Item 17.5 - Development,

Planning and Infrastructure Act - Implementation, dated 20 March 2017, receives and notes the report”.

Recommendation 2: “that Council, having considered Item 17.5 - Development, Planning and Infrastructure Act - Implementation, dated 20 March 2017,

(1) Note that funds may be required as part of Council’s contribution to the SA Planning Portal, and if required set aside funds within Council’s Long Term Financial Plan.

(2) Acknowledge that the Chief Executive Officer may appoint an interim Assessment Manager in accordance with the requirements of the Planning, Development and Infrastructure Act.

(3) Support Council Administration to commence negotiation with adjoining Councils and other entities to investigate the potential for establishing a Joint Planning Board and/or Regional Assessment Panel in accordance with the requirements of the Planning, Development and Infrastructure


Act, and report back to Council on the outcomes of those investigations, within a timeframe to enable the recruitment and appointment of members to a Board or Panel (if so determined).

(4) Have the General Manager, Development and Community report back to Council on the reappointment of the Development Assessment Panel in line with the Assessment Panel requirements pursuant to the transitional arrangements under the Planning, Development and Infrastructure Act and the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016.”


Impact Summary


Financial The financial implications of the new Act are still undetermined. While there are potential savings, there is no doubt that costs will be incurred either directly or indirectly. Council will need to factor future costs (i.e. contribution to the Planning Portal of $16,000 p.a, support for regional initiatives) as part of its 2017/18 Budget and ongoing in the Long Term Financial Plan.

Similarly, the resources needed for the operation of the Act are still to be worked through. A workforce planning review being undertaken internally alongside a Service Review to determine what level of resource may be required by Council under the new system.

Given the regional focus of the legislation, there is potential for shared resources across councils and other entities to help facilitate the system. The opportunity to explore further regional collaboration with our adjoining councils and other entities will seek to identify costs and benefits.


Development Act 1993

Planning, Development and Infrastructure Act 2016

Risk There is no perceived risk at this stage. A key consideration is whether Council wishes to actively contribute to planning for the region. In the absence of a joint planning board, planning for the Adelaide Plains region will be undertaken by the State Planning Commission as part of the broader Greater Adelaide region. Joint planning boards are envisaged to be the primary authority for developing and implementing regional plans.

Council should be prepared to initiate new processes as soon as practical in line with the Transitional Bill, Road Map (to be amended soon) and advice from the Department of Planning, Transport and Infrastructure as it becomes available.


Consultation While the Government of South Australia has introduced the new planning system, effort should still be made by Council to commence provision of information to the community on the proposed changes. As a start, a link should be provided from Council’s website directing the community to the SA Planning Portal.

Asset Management Plans

Nil

Service Standards As advised above, a Service Review in conjunction with a workforce planning review may be required at a later date, to determine what Service Standard is required by Council under the new system.


Background The passing of the Planning, Development and Infrastructure Act 2016 on 21 April 2016 will see an overhaul to South Australia’s planning system. The Planning, Development and Infrastructure Act 2016 (PDI) will be brought into operation in stages over the next few years via a transitional bill, the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016. The Transitional Bill sets out the process of moving from the Development Act 1993 to the new legislation, along with the drafting of new Regulations. Following receipt of information from the Department of Planning, Transport and Infrastructure, this report contains a copy of the implementation Road Map (timelines to be amended soon) and summary of the key changes and timeframes – see Attachment 1). Given the timeframes indicated in the Road Map, this reports seek to provide Council with consideration in regard to the implementation of the Act, in order for administration to further assess the regional opportunities presented by the new system, and give consideration to the financial and human resources needs. Introduction Pursuant to the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016, assented to by the Governor on 28 February 2017, certain provisions of the Act, including the new State Planning Commission, will come into operation on 1 April (Monday 3 April) 2017. Statutory Advisory Committees The Act requires the establishment of committees to provide advice on the implementation of the Act. The committees must include the following:

• Local Government Advisory Committee • Development Industry Advisory Committee • Community Participation and Sustainability Advisory Committee.

Nominations for the Local Government Advisory Committee closed earlier this year. These committees will become operational in April 2017. Planning and Design Code/Development Plan The Planning and Design Code is to be operational by 1 July 2020. Until mid 2020, a Development Plan under the repealed Act (as in force at a relevant time) will have PUBLIC COPY - Ordinary Council Meeting Page 201 of 217 20 March 2017

effect for the purposes of the PDI Act as if it formed part of the Planning and Design Code. ePlanning As part of the reform, the Government of South Australia has committed an initial $25.8 million to fund its implementation, including the introduction of a new SA Planning Portal. In regard to Council contributions to the State’s planning portal, for the new e-planning system, refer to summary and Table 1 later in Discussion part of this report. Planning Agreements/Joint Planning Boards A planning agreement is a long-term arrangement that allows for planning functions to be delegated to regional groupings of councils to perform certain functions as a Joint Planning Board, subject to agreed performance measures and targets. A joint planning board:

a) is a body corporate b) has the name assigned to it under the relevant planning agreement c) is constituted in accordance with the terms of the relevant planning

agreement d) has the functions and powers assigned to it under this or any other Act or

conferred under the terms of the relevant planning agreement e) must prepare and furnish annual reports in accordance with requirements

prescribed by the regulations. A council with any part of its area that is to be included in a planning agreement must be invited to be a party to the agreement. In addition to allowing for planning powers to be delegated to joint planning boards, planning agreements may also include others matters that may be agreed by other Ministers (for example, regional development or natural resource management). A pilot program will commence in 2017 to assist in preparing an information guide for councils on this element. Relevant Authority The Act provides for five basic types of relevant authority:

• the Minister PUBLIC COPY - Ordinary Council Meeting Page 202 of 217 20 March 2017

• the Planning Commission • an assessment panel • an assessment manager • an accredited professional (i.e. private certifier).

Assessment Manager An ‘Assessment Manager’ is a new role created in the Act. It is not dissimilar to the current practice of delegations made to council planning staff. Generally, an assessment manager will be an accredited professional appointed by the chief executive of a council, but they may also belong to a class of persons prescribed by the regulations. Assessment managers may be appointed to more than one assessment panel, and may be contractors rather than employed. An assessment manager:

• is to provide advice to, and coordinate the business of, an assessment panel • may act as a relevant authority for specified matters (subject to review by the

panel at the applicant’s request) • is responsible for their performance to the person who appointed them (but is

not subject to direction as a relevant authority) • can be required to review assessment decisions and application categorisation

(as an alternative to appeals). The costs of the assessment manager are to be met by the appointing body, generally being the council. This reflects current practice of staff who act as delegates for councils. Assessment Panels/Regional Assessment Panels Panels are to be composed of accredited professionals, and panels established by joint planning boards or councils may include at least one elected councillor but may 62 not include members of State Parliament. Panels may co-opt additional members from time to time to deal with matters requiring specialist advice or input. During transition, the Statutes Amendment (Planning, Development and Infrastructure) Bill 2016 provides for existing council assessment panels to continue to operate as council appointed assessment panels under the new Act. Once the scheme commences operation (around July 2017), the new Act will require that each panel will only contain up to one elected representative of council.


If a council does not appoint an assessment panel envisaged by the PDI Act, the Minister may, after consultation with the Commission, constitute a local assessment panel under the PDI Act. Discussion ePlanning The LGA was advised of the fee schedule as part of the 2016/17 budget announcements. The LGA has also been publicly very critical of the Government’s decision to set the fees at a level that will allow the Government to recover its full investment in e-planning. The LGA have posed a number of questions to DPTI about how the proposed fees will work and are still endeavouring to get answers so that councils can prepare their budgets for 2017/18. The current understanding is that the fee will be a two part council fee comprising a $4,000 flat fee applicable to all Councils; plus a second component indexed to development values of the council as set out below, in Table 1. Table 1 Fees for Councils

Annual Value of Development by Council area Council Fee

Over $100m $32,000

Over $50m but less than $100m $24,000

Over $10m but less than $50m $12,000

Less than $10m (Flat fee only will apply) $4,000

The Adelaide Plains Council value of development last year was $25.3M. Further information will be circulated about these fees once the LGA has more detail. The fully scoped SA Planning Portal will be implemented in phases, as the new planning system is slowly ‘turned on’. It should be fully operational by the time the new assessment pathways are implemented in mid-2018. Council consideration:

• Should councils be required to contribute to the establishment and maintenance of the Planning Portal, Council will need to schedule these costs as part of the budgetary process, and factors into Council’s Long Term Financial Plan.


Relevant Authority Under the Act, a council CEO is to appoint an Assessment Manager in support of an Assessment Panel. Where a Joint Planning Board has been established, the Board is to appoint the Assessment Manager in support of a Regional Assessment Panel. Assessment Manager Each assessment panel must have an assessment manager appointed under section 87 of the Act. The Transition Bill allows for the early appointment of Assessment Managers in readiness for the Accreditation of Professionals under the Act. An Assessment Manager may continue to act as a delegate of the council under the Development Act in the interim. The Road Map seeks to have the appointment of assessment managers completed by June 2018. The Bill provides for the delayed implementation of the accreditation scheme until the relevant provisions of the new Act are proclaimed. This will allow professionals sufficient time to gain accreditation in advance under the new accreditation scheme. The accreditation scheme will be administered by the Commissioner for Consumer Affairs, as the state’s primary occupational licensing regulator. The scheme, to be created by regulations, will have the capacity to enable peak professional bodies to undertake accreditation of their members directly, under the supervision of the Commissioner. It is anticipated that the new ‘Registered Planner’ membership grade for the Planning Institute of Australia (PIA) will constitute the required accreditation for planning professionals. The PIA are in the process of transferring members who are current Certified Practicing Planners (CPP) and previous holders of CPP across to the new membership grade. General Manager, Development & Community, Robert Veitch became a Registered Planner in late 2016. While no other planning staff currently qualify for Registered Planner status, several may be able to work towards it in the future, upon completion of the transition requirements. Council consideration:

• Given the capacity to appoint an Assessment Manager in the interim phase of the accreditation scheme, it is proposed that the General Manager, Development & Community would be seen as an appropriate appointment. In the long term, the current Coordinator Development Services would be more appropriate for this role, as he currently serves as the Executive Officer for the


Development Assessment Panel (DAP) and has the delegation from Council in order to undertake the role of a relevant authority.

• The current legislation requires the appointment of a Public Officer to deal with complaints associated with the operation of the DAP and its members. The PDI Act is silent on the requirement to have a Public Officer for the assessment panel. Clarification is required as to what complaint handling process will be instigated under the PDI Act. In the interim, the current Public Officer (Chief Executive Officer) will remain the point of contact for complaints. However, as part of the upcoming review of DAP membership, Meeting Procedures, Terms of Reference, training, etc. it is proposed that the Public Officer will be changed to the General Manager, Governance and Communications.

Planning Agreements/Joint Planning Boards While the Act specifies that regional plans are to be prepared by the State Planning Commission, this is to occur only in areas where a joint planning board has not been established. The emphasis of the new system is for planning to occur at a regional level. Planning agreements can be entered into relating to a specified area of the State by any council that has its area or part of its area within that specified area (no two areas can overlap). The agreement can be with the Minister or any other entity that has requested and agreed to be party to the agreement, including for example State government departments or entities i.e. the Natural Resource Management Boards. It is intended that the members of the joint planning board collectively have qualifications, knowledge, expertise and experience necessary to enable the board to carry out its functions effectively. These requirements will set out by the Minister. In establishing a joint planning board, the parties to the agreement will be responsible for costs and other liabilities associated with the activities of the board. An assessment of the potential joint planning boards is provided in Table 2. Table 2 – Board Options

Region Councils Assessment RDA Barossa Adelaide Plains Council

The Barossa Council Light Regional Council Town of Gawler

• Encompasses the RDA region, where the four council actively collaborate across a range of matters (i.e. Procurement, Public Health) • Combined planning and shared resources with RDA Board


• Potential to reduce duplication of effort • Capacity to deal with a range of matters via the Planning Agreement:

• Infrastructure Planning • Water Allocation Planning • Economic development • Resilience/Climate Adaptation • Public Health Planning

Gawler River Flood Catchment

Adelaide Plains Council Adelaide Hills Council The Barossa Council Light Regional Council Town of Gawler City of Playford

• Encompasses the Gawler River Catchment area • Potential to replace the Gawler River Flood Management Authority as a subsidiary under the Local Government Act, or establish it as a committee/subsidiary of a Joint Planning Board • Land use planning to address flood management already a function of the Authority • Problematic if any of the constituent councils are part of another Joint Planning Board

Environment and Food Production Areas (EFPA)

Adelaide Plains Council Light Regional Council City of Playford (north only)

• Encompasses the northern EFPA district • Contiguous areas of dominant land uses • May be problematic, given that City of Playford (Hills area) is also part of southern EFPA district, with other councils

Adelaide International Bird Sanctuary (AIBS)

Adelaide Plains Council City of Playford City of Salisbury City of Port Adelaide Enfield

• Encompasses the AIBS area • Potential for more formal governance than current informal AIBS Collective; as a subsidiary under the Local Government Act, or establish it as a committee/subsidiary of Joint Planning Board • Land use planning to address coastal inundation and management • Problematic if any of the constituent councils are part of another Joint Planning Board


Council consideration: • Given the level of collaboration with the councils within the RDA Barossa

region, it is considered that pros and cons of establishing a joint planning board should be explored during the first half of 2017, reporting back to Council with the expected timeframe to recruitment and appointment a joint planning board should there be support from the adjoining councils or other entities.

Assessment Panels/Regional Assessment Panels The LGA has recommended that councils should consider in 2017 the process for amending the memberships of their DAPs. In anticipation of the commencement of the new Act, Council can roll over/continue with the current panel members for up to six months from the end of the previous two year term, January 2016 - December 2016 ie there is no need to advertise and appoint for a new term until mid 2017. Also refer to discussion previously under Assessment Manager part of this report. The Act envisages a range of assessment panels can be appointed, to help better match decision-making responsibility to the scale, impact and risk of a proposed development, and expectations of development in a particular area. An assessment of the potential assessment panels is provided in Table 3. Table 3 - Assessment Panel Options

Panel Councils Assessment Council Adelaide Plains Council • Effectively maintaining the status quo,

but with a five member panel and changes to the class of development referred to the panel.

Regional (two councils)

Adelaide Plains Council Other Council

• Opportunity to establish a panel with an adjoining Council • Shared resourcing opportunity

Regional (multiple councils)

Adelaide Plains Council The Barossa Council Light Regional Council Town of Gawler

• Opportunity to establish a regional panel that pick up the fours councils within the RDA Barossa region • Shared resourcing opportunity

Council/Regional Adelaide Plains Council Other Councils

• Establish both a council and regional panel • Each panel to deal with a different class of development e.g. regional panel to


assess development greater than $2million in value or having regional significance • Shared resourcing opportunity

At this stage, the new Act will require that the current panel only contains one elected representative of council from July 2017. Council consideration:

• Council will need to formally reduce the current panel from seven to five members by removing two of the current Council members, and reinstating the remaining member. A further report to Council will need to be prepared and presented to Council prior to July 2017.

• Council Administration will need to commence recruitment for new members for an assessment panel by May 2017.

• During the first half of 2017, explore establishing a regional assessment panel with adjoining councils and reporting back to Council with the expected timeframe to recruitment and appointment a regional assessment panel, pending as to whether a joint planning board is to be established.

Summary and Conclusion The implementation of the Planning, Development and Infrastructure Act 2016 is to commence soon, which amongst other things, will see Council Development Assessment Panels phased out between July-December 2017. Accordingly, Council will need to explore the various options in the establishment of joint planning boards and/or assessment panels. The first half of 2017 presents an opportunity to commence discussion with other councils and entities to determine the support for further collaboration within the region, knowing that if options are not explored regional planning will be undertaken by the State Planning Commission. References Legislation Planning, Development and Infrastructure Act 2016 https://www.legislation.sa.gov.au/LZ/C/A/Planning%20Development%20and%20Infra structure%20Act%202016.aspx PUBLIC COPY - Ordinary Council Meeting Page 209 of 217 20 March 2017

Statutes Amendment (Planning, Development and Infrastructure) Bill 2016 https://www.legislation.sa.gov.au/LZ/B/CURRENT/STATUTES%20AMENDMENT%20(PLANNING%20DEVELOPMENT%20AND%20INFRASTRUCTURE)%20BILL%202016.aspx Council Policies Nil Other SA Planning Portal http://saplanningportal.sa.gov.au/


http://saplanningportal.sa.gov.au/

Attachment 1 to report 17.5 - Development, Planning and Infrastructure Act - Implementation

dated 20 March 2017

Ministers Road Map


Please note: pale blue shading indicates what has been completed

* To be proclaimed and subject to changeDisclaimer: prepared on 09/03/17 and subject to change

ePlanning

Infrastructure Schemes

Practice Directions & Guidelines

Assessment Pathways

Planning Instruments

Governance

Commission

Legislation

SA Planning Portal

2016 2017 2018 2019

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JUL AUG SEP OCT NOV DEC

Design and build ePlanning solution

Scope, design and build councils / agencies integrations

Initiation of Infrastructure Pilot Project Infrastructure Scheme Pilot ProjectPrepare Scheme outline template and Code of Conduct

Draft Practice Guidelines developed as required including consultation and training

PD Framework developed

Draft Practice Directions developed as required including consultation and training

Assessment pathways developed Assessment pathways operational*

Transition Regional Plans*

30 Year Plan adopted

Preparatory work on Charter

Engage consultantEngage to prepare Draft Charter

Commission approval

Charter adopted and operational from 1 October 2017

Development of SPP Framework

Preparation of Draft SPPs Pre-engagement Public and Government Agency ConsultationApproval Final approvals SPPs operational*

Design Standards - Review Model Framework and Pre-engagement and Review

Prepare Draft Design StandardsConsultation and Engagement

Adoption of designated instrument

Development of Draft Code Framework Councils to commence preparation of transition plans Final approvals Code operational*

Recruit Advisory Committees Commencement of Minister’s Statutory Committees x 3 until 30 June 2019

Develop Accredited Professionals Scheme Commencement of Accreditation Schemes*

Council Assessment Panels (1 Elected Member) / Assessment Manager Commence - TBC* Panels / Assessment Managers to meet accredited professionals requirements *Councils recruit Panels

Regional Assessment Panels* as required

Initiate Joint Planning Arrangements Pilot Project

Prepare Local Government tool kit for joint planning boards Joint Planning Agreements and Planning Boards established as required

Select CommissionRecruitment Commission operational

Existing Committees continue

Commission appoints Sub Committees from July onwards

Prepare Transition Bill Bill passed in Parliament PDI Act proclaimed in stages*

Stage in Regulations

Stage 1: LaunchStage 2: SA Planning Commission

Stage 3: Online Engagement






Corporate Objective: 1.2 A sense of place and pride through a supportive community with a strong volunteer base

Purpose:

To update Council on the administration of the Community Partnerships Fund for community based development initiatives in line with Council approved procedures.

Recommendation 1: “that Council, having considered Item 17.6 – Community

Partnerships Fund 2016/17, dated 20 March 2017, proceeds with the following:

• A shortened call to the community for applications of __ weeks, opening __, closing __

• Update forms and guidelines accordingly • Recommendations for successful applicants brought

back to Council for decision on 17 April 2017, in lieu of the Community Development & Advisory Committee

• Funds to be acquitted by 30 June 2017, with unspent money available for acquittal by 30 September 2017.”


Impact Summary


Financial $47,805 available funds

Legislation Nil

Risk Community reaction to reduced or no issue of 2016/17 Community Partnership funding

Consultation Nil




Background The Adelaide Plains Council recognises the unique contributions made by volunteer, sporting and community organisations, without which we would not be the vibrant community we are today.

The Community Partnerships Fund offers financial assistance to support grassroots organisations and aims to encourage, develop and support projects that provide a service or program to the residents of the Council.

Since its inception in 2001, Council has provided in excess of $700,000 to assist projects that increase community participation, assist in building stronger communities, develop or enhance assets, stimulate economic growth or provide a service/program to the residents of the district.

Each year, Council allocates $50,000 towards the Community Partnerships Fund, from which $2,000 is assigned to the Individual Sports & Cultural Fund (listed below).

Community Partnerships Fund

The program funds one-off projects to a maximum of $20,000 that provide a significant benefit to the overall community. Consideration may be given to larger projects which have committed funding from other sources.

Assessment criteria are listed in the guidelines.

Individual Sports & Cultural Funding

Applications are open throughout the year (funding permitting) with assessments taking place as required. Applications are processed upon receipt and are presented to the General Manager, Development and Community, for determination.

Discussion Since its establishment, applications for Councils Community Partnerships Fund have been presented to the relative Section 41 Committee (most recently the Community Development & Advisory Committee (CDAC)). The CDAC last met on 3 December 2015 under the following Terms of Reference (TOR) (adopted 10 March 2015, Resolution 2015/058 : Part of which stated the following:

3. Specific Functions

• Administer the Community Partnerships Fund for community based development initiatives in line with Council approved procedures;

In addition, under the TOR the committee had delegated authority to determine the successful applicants:-


DELEGATIONS

1. The power pursuant to Section 137 of the Local Government Act 1999 to expend Council’s approved funds budgeted and allocated for the Community Development and Advisory Committee specifically for the Community Partnership Grant Funding Programme, subject to the Local Government Act 1999, any other relevant Act and Council’s policies, practices and procedures in the exercise, performance or discharge of the functions or duties shown in the attached Terms of Reference (Community Development & Advisory Committee).

Council, at its meeting 20 June 2016 adopted a new TOR (resolution 2016/173) which amended the specific functions and removed all delegations:-

3. Specific Functions

• Support the administration of the Community Partnership Fund for community based development initiatives in line with Council approved procedures and make recommendations to Council on projects which may be eligible for funding

At the request of the new Chief Executive Officer, all S41 Committees are currently under review. As a result, the CDAC have not met since December 2015.

The 2016/17 Community Partnerships funding round has not been not been offered to date for 2016/17. In past years funding has been offered to the community in August/September. Council now needs to consider whether to offer funding in 2016/17.

If Council wishes to open the program, it should do so immediately to ensure the funding is determined and allocated prior to the end of the current financial year. The following amendments for 2016/17 are suggested for Council’s consideration:

• A shortened call to the community for applications of either two (or three) weeks, opening __, closing Monday 10 April 2017.

• Forms and guidelines for 2016/17 are updated accordingly • Recommendations for successful applicants brought back to Council for

decision on 17 April 2017, in lieu of CDAC • Funds acquitted by 30 June 2017, with unspent money available for acquittal

by 30 September 2017.

A return to the traditional offer of funding early in the new financial year, with the exception of CDAC deliberating of successful applicants recommended.

Alternatively, Council may choose to withdraw the 2016/17 round of funding and then proceed in 2017/18 as suggested above.


Additionally, Council, at its August 2016 meeting, resolved to fund the Milo T20 Blast Cricket Program from the Community Partnerships budget line.

With this in mind, participation numbers for the Milo T20 Blast for 2017 has been confirmed at a total of five ($195) therefore, the balance of funding available will be $47,805.

Summary Council needs to consider whether to offer and determine opening and closing dates for applications or alternatively withdraw the 2016/17 round of funding. If Council offers funding for 2016/17, it should do so immediately.
