ROYAL PARK WETLANDS UPDATE - City of Melbourne

C O M M O N W E A L T H G A M E S I N F R A S T R U C T U R E A N D M A J O R P R O J E C T S C O M M I T T E E R E P O R T C O V E R S H E E T

Agenda Item 5.3

2 March 2004

ROYAL PARK WETLANDS UPDATE

Division City Assets & Services

Presenter Ian Harris, Head, Policy and Planning, Parks & Recreation

Purpose

To update the Committee on the progress of developing the Royal Park Wetlands in line with the resolution of the Environment, Community and Cultural Development Committee at its September 2003 meeting, and seek approval for the principles of the proposed Memorandum of Understanding between the State Government and Council.

Time Frame

The project is on schedule for completion in September 2005.

Finance

All costs associated with the project will be met from the $5 million provided by the State Government.

Legal

Legal advice has been provided and will continue to be provided in relation to all aspects of this project. This includes the appeal by objectors the Victorian Civil and Administrative Tribunal against Council’s notice of decision to grant a permit as well as advice concerning the final terms and conditions to be included in the Memorandum of Understanding.

Sustainability

City Plan 2010 provides some key directions in relation to the proposed wetlands viz:

Connected and Accessible City

Development of the wetlands would increase the “natural capital” of park areas through landscaping and protection of biodiversity (Strategic Direction 1.7).

Innovative and Vital Business City

There are no implications under this theme.

Inclusive and Engaging City

The wetlands provides an opportunity to re-vitalise an existing open space (Strategic Direction 3.6).

Attachments: 1. Wetlands Design and Development – Seven Step process 2. Wetlands Concept Design 3. Cost Plan 4. Draft Principles of the Project Memorandum of Understanding 5. Draft Maintenance Agreement 6. Annual Recurrent cost plan 7. Sustainability Assessment

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Environmentally Responsible City

The wetlands would assist in improving the management of the City’s water cycle and enhance the water quality within the City (Strategic Direction 4.2). It would also meet the specific opportunity outlined in City Plan 2010 to “create habitats and wildlife in Royal Park” (Strategic Direction 4.3).

Recommendation

That the Commonwealth Games Infrastructure and Major Projects Committee recommend Council:

• note the progress to date in planning, financial and project management arrangements for the Royal Park Wetlands;

• by instrument of delegation sealed by the Council under section 98(1) of the Local Government Act 1989, delegate to the Chief Executive Officer, or the person from time to time acting in that position, its powers, duties and functions to negotiate the final terms and conditions of the Project Memorandum of Understanding between Council, Major Projects Victoria and the Office of Commonwealth Games Co-ordination generally in accordance with the Memorandum of Understanding attached to this report and do anything incidental or ancillary to the above, including executing all necessary documents to give effect to the same; and

• request a further report be provided to the Committee in July 2004 on progress on the project and in particular on negotiations with the Wurundjeri community on options for giving the wetlands an indigenous name.

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C O M M O N W E A L T H G A M E S I N F R A S T R U C T U R E A N D M A J O R P R O J E C T S C O M M I T T E E R E P O R T

Agenda Item 5.3

2 March 2004


Division City Assets & Services

Presenter Ian Harris, Head, Policy and Planning, Parks & Recreation

Purpose

1. To update the Committee on the progress of developing the Royal Park Wetlands in line with the resolution of the Environment, Community and Cultural Development Committee at its September 2003 meeting and seek approval for the principles of the proposed Memorandum of Understanding between State Government and Council.

Background

2. At its meeting on 2 September 2003, the Environment, Community and Cultural Development (ECCD) Committee when considering the Royal Park Wetlands project resolved:

“That the Environment, Community and Cultural Development Committee: Ø note and endorse the progress to date on the planning including the financial and

management arrangements for the Royal Parks Wetlands;

Ø request the Minister for Crown Land (Minister Delahunty) to reserve the land along the Royal Park Creek and the former course of the Moonee Ponds Creek as public parkland, (Royal Park), and appoint Melbourne City Council as committee of management for this land;

Ø endorse further consultation with the Indigenous Community on opportunities for a cooperative interpretive program and the possibility of adopting an Aboriginal name for the wetlands;

Ø approve the release of the Wetlands Plan for final community consultation and subsequent application for a planning permit;

Ø request a further report on the project in February 2004 after step 3 of the approved process has been completed;

Ø endorse the following recommendations:

− that the small car parking area immediately to the south of the main entry and interpretation display is dedicated for disabled car parking only and comprises 3-4 spaces of the requisite width (3m);

− that some of the parking spaces in the main car park are set aside as bicycle parking spaces;

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− that the draft Landscape Master Plan shows 20 parking spaces, including disabled, loading and bicycle, in the parking area immediately to the south of the Ross Straw Pavilion (interpretation/community use building);

− that the draft Landscape Master Plan properly shows the minimum-width access-way (5.5m) along its full length from Manningham St to the Ross Straw Pavilion and that this access-way be “No Standing” on both sides;

− that time limits are applied to all car parks to discourage commuter parking and to ensure they are used by Park users;

− that the Council make known to the State Government and Village Park Consortium its concern that the proposed 11-storey Village apartment building on the boundary with the Wetlands site will visually dominate and overshadow the Wetlands storage pond and detract from public parkland amenity and request that consideration be given to relocating the apartment building;

− that an Environmental Effects Statement (EES) be prepared and provided for public information as a matter of urgency or at the very least the Technical Committee’s reports be provided in a coherent form for public distribution;

− that the costing of the whole Wetlands project should be undertaken as a matter of urgency and an explanation provided to Melbourne ratepayers as to the additional expenditure over and above the $5 million from the State Government;

− that Council provide a technical report on the infrastructure to be installed for the Wetlands project and an explanation of its impact on the Park;

− that visitor parking for the Wetlands and the Ross Straw Sportsground not be expanded beyond present plans; and

− that in accordance with the principle that Royal Park is a “dark park”, that there be no lighting in order to protect the Wetlands; and

Ø note that this decision is being made by the Committee under delegation from the Council and is subject to the referral notice process; and

Ø recommend that Council:

− by instrument of delegation sealed by the Council pursuant to Section 98(1) of the Act, delegate to the Chief Executive Officer, or the person from time to time acting in that position, its powers, duties and functions to request the Minister for Crown Land (Minister Delahunty) to reserve the land along the Royal Park Creek and the former course of the Moonee Ponds Creek as public parkland, (Royal Park), and appoint Melbourne City Council as committee of management for this land, and do anything incidental or ancillary to the above; and

− under section 98(3) of the Act, authorise the instrument of delegation to the Chief Executive Officer, or the person from time to time acting in that position, to empower him or her to delegate any power, duty or function delegated to him or her under paragraph 43.7.1 above, to a member of Council staff.

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Issues

3. Progress on the planning and development of the wetlands project overall is in line with the seven steps and timelines agreed by the ECCD Committee at its meeting in May 2003 (Attachment 1). Completion of the project is scheduled for September 2005 enabling the wetlands to be opened prior to the Commonwealth Games in March 2006. Progress on the major components of the project have proceeded in accordance with the timetable submitted to Committee with details of progress indicated below.

Planning Permit Approval

4. In line with the ECCD Committee resolution of 2 September 2003, the changes as specified in the resolution have been incorporated in the concept plan. These changes related to the main car park, the small car park south of the Ross Straw pavilion, the access road to the pavilion and ensure that no lighting would be provided in the wetlands area in line with Royal Park being a “dark park”. A further extensive round of consultation was undertaken in September 2003 which again indicated strong stakeholder and community support for the project (see consultation section for details). Following this consultation other changes were made to the plan which included moving the picnic area away from the Manningham Street (requested by the residents) and moving the barbeque away from the ball line of the cricket wickets on the Ross Straw field (requested by the sports clubs). The final plan forms attachment 2.

5. An application for a planning permit was submitted on 2 October 2003 and as a result of advertising, five objections were received. Of these two were withdrawn prior to the issue of a Notice of Decision.

6. Following the issue of the Notice of Decision on 15 December 2003, a further two objectors did not appeal because their concerns had been accommodated within the final plan. However, one appeal to the issue of a planning permit from the Reds Cricket Club was received by VCAT. This appeal specifically objected to the demolition of the existing sports pavilion that fronts onto the former hockey field which the Reds Cricket Club has occupied as a summer seasonal sports group for the past three years. The wetlands project design requires the demolition of this pavilion as it lies on the site of the first water body and cannot be retained if the project is to proceed.

7. Council officers, together with the Chair of the Commonwealth Games Infrastructure and Major Projects Committee, has met with the Reds Cricket Club and offered several alternative arrangements. These include the use of the second pavilion that serves other users of the Ross Straw Field, (and will be upgraded as part of the wetlands project), relocation of the cricket wickets on the Ross Straw Field closer to this refurbished pavilion and use of other fields in Royal Park. The use of the alternative pavilion would require the cricketers to walk a further 65 metres to the centre of the turf wicket on the Ross Straw field. The Club has rejected these opportunities and has proposed that Council provide a new pavilion on Manningham Street. This proposal is not acceptable as it would duplicate the existing pavilion servicing the Ross Straw Field.

8. As the only valid grounds for appeal against the demolition of the pavilion appeared to be possible under the heritage overlay of the City of Melbourne Planning Scheme, and the pavilion has no heritage value, Council requested and was granted a Direction Hearing at VCAT on 13 February 2004. At this Hearing, VCAT found that there were no grounds for appeal against the demolition of the pavilion, but the Reds Cricket Club was given the opportunity to appeal other aspects relating to the design of the project. The date for hearing this matter has been listed at VCAT on 2 March 2004.

Traditional owners

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9. The Wurundjeri are the tradition owners of the land known as Royal Park. As indicated in the report to the ECCD Committee on 2 September 2003, a report received by Council indicated that there are no known Aboriginal sites located in the area proposed to be developed for the wetlands. The area is also rated of low archaeological sensitivity with low potential to retain Aboriginal cultural material.

10. In line with the resolution of the ECCD Committee, the Aboriginal Unit in Community Services has been requested to consult with the Wurundjeri community to discuss a possible indigenous name and co-operative interpretative program. It is understood that the Wurundjeri representatives are currently considering appropriate language and naming options for the wetlands site.

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Land Tenure

11. In line with the resolution of the ECCD Committee, the Minister responsible for Crown land (Minister Delahunty) has been requested to reserve and appoint the Melbourne City Council as Committee of Management for the vacant Crown land required for the wetlands, ie along the course of the former Moonee Ponds Creek and Royal Park Creek. Council has received verbal advice from the Department of Sustainability and Environment that action is currently underway to achieve these outcomes.

Financial

12. As required by the Committee resolution of 2 September 2003, the cost plan (attachment 3) has been refined following further development of the concept plan and in line with the planning permit application. This plan confirms that the costs of the project including all planning, construction of the water bodies, plantings and vegetation, recycling infrastructure, landscaping and pavilion refurbishment can be met from the $5 million being provided by the State Government. Complementary works that will require additional funding are the new local reticulation system required to supply recycled water to the golf course and Royal Park sports fields (the existing system is due for replacement).

Summary of costings included within $5 million allocation

13. The following is a summation of the Quantity Surveyor information provided to Council Officers:

• Builders preliminaries • Treatment wetlands (first water body) - Site preparation - Footpaths and paved areas - Pavilion refurbishment - Toilet/solar cells - Landscaping/furniture • Storage Wetlands (Second water body) - Site preparation - Footpaths and paved areas - Landscaping/furniture • Services reticulation - External stormwater - Water supply - Power supply • Commissioning • Project set up and design • Contingencies

$400,000

$394,800 $343,750 $150,000 $300,000 $506,410

$1,694,960 $$994,260 $45,200 $260,320

$1,299,780

$177,000 $498,000 $45,000

$720,000

$60,000

$504,000

$314,000

TOTAL $4,992,740

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Components not included within $5 million allocation

Complementary works of the project that are not included in the $5 million allocation are: • Path crossing of railway to link wetlands to rest of

Royal Park. Although the connection is desirable , it is not an essential component of the project. Funding will be the subject of a capital bid in the future.

• Parkland infrastructure required for reticulating recycled water to Royal Park Golf course and sports fields (and required to replace existing obsolete system). Funding for this will be sourced from the annual renewal budget.

$250,000

$1,000,000

Construction Arrangements – Royal Park Wetlands Project Memorandum of Understanding (MOU)

14. It is proposed that the City of Melbourne will construct the wetlands under an MOU signed by the Council, Major Projects Victoria, and the Office of Commonwealth Games Co-ordination. The principles for the draft MOU (Attachment 4) outlines the project outcomes, indicative timelines and commitments of each party. It also forms the basis for the transfer of the $5 million from the State Government to Council which State Government representatives have indicated will be triggered upon the signing of the Agreement.

15. Key timelines outlined in the draft Project Agreement are:

15.1. Planning permit issue 29 February 2004 (subject to Directions Hearing)

15.2. Design and appointment of consultants 22 March 2004

15.3. Documentation of design 22 March2004

15.4. Agreements with key parties 22 March 2004

15.5. Construction Contract 22 September 2004

15.6. Construction Complete 30 September 2005

15.7. Refurbishment of pavilion September 2004 to 31 December 2005

15.8. Commissioning 30 October 2005

15.9. Opening 26 January 2006

16. The management of the construction, including tendering, overall project management, etc, will be undertaken by Council’s City Projects Branch in close association with Council’s Parks, Recreation Group, and Melbourne Water.

Long Term Management Arrangements – Wetlands Maintenance Agreement

17. Long term management of the wetlands complex is proposed to be undertaken in line with a Wetlands Maintenance Agreement signed by Council and Melbourne Water. This Agreement (Draft – see Attachment 5) is scheduled to be finalised by 31 March 2004. In summary, the proposed management/maintenance arrangements are as follows:

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17.1. Melbourne Water: will be responsible for management of stormwater flows comprising the Park Street drain and Royal Park Creek, the diversion weir and off-take to the first water body, and the stormwater drain to Moonee Ponds Creek. It would also be responsible for managing the water flow, water levels and water quality in both the first and second water bodies. Melbourne Water would also be responsible for treatment and operation of the main pump system and sale of recycled water to the City of Melbourne for open space irrigation;

17.2. City of Melbourne: will purchase the recycled water from Melbourne Water (at a specified price less than the price of mains water). It will be responsible for all aspects of the management of the parklands and wetlands including public access, flora, fauna and irrigation infrastructure. It also would be responsible for management of local drainage including stormwater flows from roads and parkland in line with normal practice.

Wetlands Operating Principles –Distribution of Recycled Water

18. It is proposed that the wetlands and associated recycling infrastructure and the distribution of recycled water will be managed in accordance with agreed Operating Principles. These will form part of the Maintenance Agreement, signed by Melbourne Water and Council.

19. The operating principles will be underpinned by the commitment that the wetlands will function primarily as a viable water habitat area, as well as supporting the surrounding flora and fauna. The priority of water management will be to maintain this system with surplus water being available for recycling. The principles will specify maximum and minimum water levels to maintain the amenity values and habitat requirements of the water bodies.

20. The operating principles will be developed in conjunction with all participating stakeholders ie Melbourne Water, City West Water (responsible for reticulation of recycled water within the Commonwealth Games Village), Office of the Commonwealth Games Co-ordination, Major Projects Victoria, and Village Park Consortium.

21. The major user of available recycled water under the operating principles will be the City of Melbourne for irrigation of the Royal Park Golf Course and sports fields. Water authorities require recycled water infrastructure to be physically isolated from that used for mains water, so the system will be designed to allow mains water to “top up” the system if required.

22. In detail, the proposed uses of the recycled water will be:

22.1. Royal Park Golf Course greens, tees and fairways: consistent watering of these areas is critical for their maintenance. New infrastructure is required to reticulate the recycled water, especially within the Royal Park Golf Course, replacing the current unsatisfactory mains water irrigation system;

22.2. Royal Park sports fields: Manningham Field, Western, Ransford, Macalister, and Ryder ovals. Periodic watering of these areas is required to enable them to be used safely;

22.3. Zoo: the Zoo is proposing to treat and recycle virtually all its waste water other than that derived from storm events. Recycled water from the wetlands complex will only be available to the Zoo during non-summer months when the system will have a demonstrated excess capacity; and

22.4. Commonwealth Games Village requirements: as the landscaping within the Commonwealth Games Village is proposed to comprise largely of drought tolerant native planting, it is anticipated that watering requirements in the village will be minimal.

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23. Based on detailed calculation of the rainfall patterns, water availability, storage capacity in the wetlands complex, and demand requirements, computer modelling has indicated that there will be sufficient recycled water available to irrigate the Manningham Field (Ross Straw Oval), Royal Park Golf Course, the northern ovals (Western, Ransfield, McAlister and Ryder) and Commonwealth Games village requirements with an overall 80+ per cent reliability. Any additional requirement needed for irrigation during summer months would be met from mains supply.

24. Prior to use, the operating principles will require that the recycled water meet the quality requirements of the Environmental Protection Agency and the Department of Human Services for use of recycled water in public places.

Other Issues

25. Other issues that have been addressed in line with the Committee resolution of 2 September 2003 are:

25.1. Commonwealth Games proposed apartments – The State Government and Village Park Consortium have been advised that the proposed 11-story village apartment building on the boundary with the wetlands site is likely to visually dominate and overshadow the wetlands storage pond and detract from public parkland amenity, and have been requested that consideration be given to relocation of the apartment building;

25.2. Environmental Issues – Reports have been prepared in relation to environmental issues relating to the wetlands as listed below:

25.2.2. possible site contamination – a preliminary geotechnical survey has been undertaken of the whole site. This found a relatively small area of contamination on the site of the proposed water storage (second water body). No contamination was found anywhere else. More extensive geo-survey investigations are underway to more fully define the extent of any possible contamination, although the risk of finding further areas is considered to be relatively low;

25.2.3. Royal Park Creek water quality – Detailed analysis of the quality of water flowing down this creek (which will be the source of water for the wetlands) has been undertaken. This indicates that the water quality is acceptable for use in the wetlands and the treatment pond (first water body) will be able to treat this water to a standard acceptable to allow it to enter the storage pond (second water body);

25.2.4. Environmental issues associated with construction – A report has been prepared on the environment of the construction of the wetlands. Measures will be taken to minimise these impacts eg Noise and dust reduction program;

25.2.5. Impact of the wetlands infrastructure in Royal Park – The only new infrastructure that will be required in Royal Park outside the site the wetlands area will be the pipe required to carry water from the storage pond to the header tanks near Poplar Road which will be underground, and the 0.1 megalitre header tank which will be partially underground and screened with plantings. The irrigation reticulation required to distribute water from the header tank to the golf course and sports fields will be underground, replacing the existing obsolete irrigation system; and

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25.2.6. Ongoing Management Costs – Costs to the City of Melbourne include the purchase of recycled water (less than the cost of mains water which will be specified under the Operating Principles) and costs included with the maintenance of the landscape around the water bodies (see attachment 6 for summary of additional costs). The water bodies (water quality and flows) will be managed by Melbourne Water at no cost to Council.

26. Treatment/pumping station – the wetlands complex requires a pumping and small disinfectant (UV) plant to treat and pump water from the storage pond to the header tanks. The Commonwealth Games Village recycling system may also require a treatment and pumping plant to treat and pump greywater within the village site (separate water circulation systems). Melbourne Water will be responsible for operation of both plants and for technical, cost and operational management reasons it has indicated that these treatment plants should be co-located (across the boundary of the northwest corner of the storage pond site). This request has been incorporated in the final detailed plan for the area. Please note that discussions between Council officers and relevant stakeholders have raised the prospect of a precinct based sewer mining plant option as a prospective alternative to greywater treatments and further analysis is proceeding on this alternative.

27. Other Interface issues with Commonwealth Games Village – The Royal Park Wetlands landscape design has been designed to achieve the landscape objectives outlined within the Royal Park Master Plan. It is intended that this Australian native landscape character will extend into the Commonwealth Games Village public open space through plantings within the Village parkland and streets. Strong perimeter planting along the Wetlands and Commonwealth Games Village interface will ensure a green edge along this boundary.

28. Interface issues with the Zoo – The Royal Melbourne Zoo has received State Government funding of $32 million for capital improvements and $5 million has been allocated for water projects. A priority project identified is the upgrade to the treatment of the Zoo’s waste water currently flowing into the Royal Park creek. This will provide for treatment and recycling of virtually all the waste water stream (other than water from storm events). The Zoo has confirmed that engineering consultants have recently been engaged to prepare concepts, and following the preparation of a final concept, the Zoo has advised that construction will commence by mid 2004 for completion by early 2005.

Relation to Council Policy

29. Parks Policy (1997) commits Council to developing the overall park network to:

“…provide excellent facilities for residents, city workers and visitors including provision of recreation and leisure opportunities”

30. Royal Park Master Plan (1998) outlines the objectives for Royal Park including specific details for the development of a wetland and water recycling project at the Park.

31. Growing Green (Environmental Management Plan) for the City’s parks, gardens, trees and recreational facilities outlines a vision for the sustainable management of Council’s parks, gardens, trees and recreational facilities and for residents and visitors to enjoy and value both the quality of the public open space and facilities and the natural processes they support. Creation of a wetlands is in line with these commitments.

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32. Council’s Water Management Strategy and Action Plan (2003) indicates that about 80 per cent of the City’s water consumption is used to water parkland. It calls for a reduction of 40 per cent of water used in parkland which can only be achieved by measures such as recycling water as proposed as part of the wetlands project in Royal Park. The wetlands will result in a Council-wide reduction of potable water consumption of up to 6 per cent.

33. Storm water Action Plan (2000) - improving the water quality in local and regional waterways.

34. Disability Action Plan (2001-04) City of Melbourne aims to ensure that people with disabilities can participate in all aspects of City life. In practical terms, this involves an all-of-Council approach to successfully address barriers that exist in the built form, information provision and service delivery. Specifically seeking to improve levels of accessible and relevant recreational activities and improving accessibility of public space in the municipality.

Consultation

35. The second round occurred during September 2003 after a report on the Wetlands was approved by the ECCD Committee on 2 September 2003. The consultation included:

35.1. displays of the Wetlands plan at the North Melbourne Library (Errol Street, North Melbourne) and Melbourne Town Hall (Swanston Street, Melbourne) from 5 September 2003 until 26 September 2003 together with the availability of feedback forms and reply paid envelopes;

35.2. an open feedback and information session at the North Melbourne Library was held on Tuesday 16 September 2003;

35.3. large laminated posters of the wetlands plan were displayed in local North Melbourne shops including the Errol St supermarket, Queensberry St supermarket, North & West Melbourne Neighbourhood Centre and the Errol Street newsagents, laundromat, drycleaners, café and fish & chip shop;

35.4. a letter box drop was undertaken to all West Parkville residents in Manningham St, Southgate St, Church St & St Georges Grove.

35.5. a letter was sent to over 70 stakeholder groups and to all individuals and parties who registered an interest in the project in the first round of consultation;

35.6. corporate advertisements were placed in The City Weekly and Melbourne News;

35.7. a plan of the wetlands, the ECCD Committee report and related information was posted on Council’s website;

35.8. meetings were held with key stakeholders;

35.9. media releases were prepared and released;

35.10. signage was erected on site; and

35.11. copies of the wetlands plan and related information was provided to the Hotline Service to allow information to be provided to callers.

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36. The second round of community consultation on the wetlands included publication of a detailed plan and supporting information. The feedback continued to be overwhelmingly supportive of the concept and the published plan and the wetlands was seen as making a significant contribution to the environmental and recreational opportunities in Royal Park. Positive feedback was also received from CSL and the plan was also endorsed at a meeting of the North & West Melbourne Association on 18 September 2003.

37. Given the widespread publicity of the plan and the positive responses, it appears that the proposal to develop a wetlands has been well received in the community. Further, it can be inferred from the level and nature of feedback that the main concerns and suggestions raised in the first found of consultation have been successfully addressed in the final wetlands plan. Only minor changes to the plan resulted from this round of consultation (see under planning permit).

Government Relations

38. Officers of the Department of Sustainability and Environment, representing the Minister for Planning who is the responsible Minister for Royal Park have been briefed and have indicated general support for the project. The Office of Commonwealth Games Co-ordination and Major Projects Victoria have been involved and are fully supportive of the proposal.

Next Steps

39. In line with the project development process agreed by the ECCD Committee in May 2003, and resolutions of the Committee in September 2003, the next steps proposed are:

39.1. finalise detailed design and commence construction in line with the Project Memorandum of Understanding between the State Government and Council;

39.2. finalise the Maintenance Agreement between Melbourne Water and Council, and finalise the associated Operating Principles; and

39.3. further investigate an Aboriginal name for the wetlands (in conjunction with the Aboriginal Unit in Community Services) and present recommendations back to the Commonwealth Games and Major Projects Committee on options.

Recommendation

40. That the Commonwealth Games Infrastructure and Major Projects Committee:

40.1. note the progress to date in planning, financial and project management arrangements for the Royal Park Wetlands;

40.2. by instrument of delegation sealed by the Council under section 98(1) of the Local Government Act 1989, delegate to the Chief Executive Officer, or the person from time to time acting in that position, its powers, duties and functions to negotiate the final terms and conditions of the Project Memorandum of Understanding between Council, Major Projects Victoria and the Office of Commonwealth Games Co-ordination generally in accordance with the Memorandum of Understanding attached to this report and do anything incidental or ancillary to the above, including executing all necessary documents to give effect to the same; and

40.3. request a further report be provided to the Committee in July 2004 on progress on the project and in particular on negotiations with the Wurundjeri community on options for giving the wetlands an indigenous name.

Attachment 1 Agenda Item 5.3

Commonwealth Games Infrastructure and Major Projects Committee 2 March 2004

Wetlands Design and Development Process

Step I - Finalising the Concept Design

1.1. the City of Melbourne would convene a Design Working Group (Technical) that would address issues such as water sources (Zoo, Park Street drain, and Commonwealth Village site), water quality issues and possible use of recycled sewerage through sewer mining. Other design issues that would be addressed include impact of the proposal on adjoining land uses, (in particular CSL and the Commonwealth Games Village). The concept design would be completed by August 2003;

1.2. membership of the Design Working Group (Technical) is proposed to vary from that proposed by the State Government. It would comprise a small number (4-5) of highly skilled specialist technical experts skilled in wetlands design and include technical specialists from water management agencies, ie. Melbourne Water, EPA and the Department of Sustainability and Environment; and

1.3. extensive community and stakeholder consultation would be undertaken during development of the concept design. This would involve two or three charette involving all interested stakeholders and community representatives. These charette would provide opportunities for stakeholder/community to provide feedback to the Design Working Group (Technical);

Step II - Cost, Risk and Project Management

1.4. the Steering Committee would scope and estimate the cost of the project, undertake a detailed risk assessment, and recommend responsibility and models for project management. This component of the project would be completed by October 2003;

Step III - Seek Funding Sources

1.5. the Steering Committee would identify possible funding sources such as State Government, (indicating that $5 million is available), Federal Government, City of Melbourne, Melbourne Water and Melbourne Zoo. This component of the project would be completed by December 2003;

Step IV - Project Agreement

1.6. the City of Melbourne would develop a Heads of Agreement stipulating financial and management arrangements to be implemented. This would be developed and signed by involved parties by March 2004;

Step V - Planning Approval

1.7. planning approval under the City of Melbourne Planning Scheme would then be sought. This stage of the project would commence in March 2004 and be completed by December 2004.

Step VI and VII - Construction and Hand-over

1.8. the details of construction would be developed during the design phase subject to the outcomes of the consultative and planning processes. Construction would commence in early 2005 and be completed in early 2006. Construction will require approximately 12 months and ideally should be completed well prior to March 2006 after which time hand-over to the responsible parties would then occur.

ROYAL PARK WETLANDS - PARKVILLE PRELIM. CONCEPT DESIGNCOST PLAN REV.2

SUMMARY

NOTES & EXCLUSIONS

NOTES / EXCLUSIONS 0.00

NOTES & EXCLUSIONS 0.00

AREA MEASUREMENT

SPECIAL PROVISIONS 0.00

AREA MEASUREMENT 0.00

PRELIMINARIES

PRELIMINARIES 400,000.00


TREATMENT WETLAND WORKS

SITE PREPARATION 394,800.00

ROADS, FOOTPATHS AND PAVED AREAS 343,750.00

OUTBUILDINGS AND COVERED WAYS 450,000.00

LANDSCAPING AND IMPROVEMENTS 506,410.00

TREATMENT WETLAND WORKS 1,694,960.00

STORAGE WETLAND WORKS

SITE PREPARATION 994,260.00

ROADS, FOOTPATHS AND PAVED AREAS 45,200.00

LANDSCAPING AND IMPROVEMENTS 260,320.00

STORAGE WETLAND WORKS 1,299,780.00

SERVICES RETICULATION WORKS

EXTERNAL STORMWATER DRAINAGE 177,000.00

EXTERNAL WATER SUPPLY 498,000.00

EXTERNAL ELECTRIC LIGHT AND POWER 45,000.00

SERVICES RETICULATION WORKS 720,000.00

COMMISSIONING

SPECIAL PROVISIONS 60,000.00

COMMISSIONING 60,000.00

WILDE AND WOOLLARD 05-02-2004 Page: 1


SUMMARY

PROJECT SET-UP AND DESIGN


PROJECT SET-UP AND DESIGN 504,000.00

CONTINGENCIES


CONTINGENCIES 315,000.00

TOTAL 4,993,740.00



NOTES & EXCLUSIONS

NOTES / EXCLUSIONSNOTES / EXCLUSIONS

NOTES

A This cost plan is based on RWA landscape drawings DD01 dated30/9/03, DD03 dated 24/10/03 and various other sketches/informationprovided by RWA and Ecological Engineering

B This cost plan incorporates some of the Council's original estimateallowances as nominated herein due to investigations still being carriedout in these areas

C This cost plan incorporates alterations to the original scope of works asdirected by RWA and the Council to reduce the project valuesignificantly

NOTES 0.00

EXCLUSIONS

D Goods and services tax

E Cost escalation

F Imported filling material

G Removal of excavated material off-site

H Dewatering

EXCLUSIONS 0.00

Total for NOTES / EXCLUSIONS 0.00

Total for NOTES & EXCLUSIONS 0.00



AREA MEASUREMENT

SPECIAL PROVISIONSSPECIAL PROVISIONS


A Wetland basin m2 7,950 0.00 0.00

B Wetland habitat islands m2 550 0.00 0.00

C Contours surrounding wetland basin m2 4,000 0.00 0.00

D Path network to provide access and interpretation of wetland m2 1,100 0.00 0.00

E Contours mound surrounding wetland basin m2 17,400 0.00 0.00

F Silt trap and diversion weir m2 1,300 0.00 0.00

G Maintenance access to silt trap and diversion weir m2 900 0.00 0.00

H Asphalt path at wetland areas m2 2,050 0.00 0.00

I Boardwalk m2 300 0.00 0.00

J Wetland entry and interpretation m2 500 0.00 0.00

K Mound and grassed spectator viewing slope m2 1,250 0.00 0.00

L Re-configured carpark areas m2 1,600 0.00 0.00

M Planted swale to west side of carpark m2 1,100 0.00 0.00

N Asphalt path to Oak St road side m2 1,100 0.00 0.00

O Perimeter planting strip to park boundry m2 2,600 0.00 0.00

P Slope below existing retaining wall to be filled and revegetated (east) m2 2,500 0.00 0.00

Q Refurbish existing building for interpretive and community use m2 330 0.00 0.00

TREATMENT WETLAND WORKS 0.00


R Wetland basin m2 14,750 0.00 0.00

S Wetland habitat islands m2 250 0.00 0.00

T Contours surrounding wetland basin m2 2,000 0.00 0.00

U Path network to provide access and interpretation of wetland m2 750 0.00 0.00

V Contours mound surrounding wetland basin m2 3,700 0.00 0.00

W Shallow wetland to interface of bioswale m2 500 0.00 0.00

X Asphalt path at wetland areas m2 70 0.00 0.00

Y Boardwalk m2 150 0.00 0.00

Z Low planting to western edge of Oak St m2 1,050 0.00 0.00

AA Perimeter planting strip to park boundry m2 1,150 0.00 0.00

BB Local park area m2 1,950 0.00 0.00

CC Asphalt path to road side m2 200 0.00 0.00

STORAGE WETLAND WORKS 0.00

Total for SPECIAL PROVISIONS 0.00

Total for AREA MEASUREMENT 0.00



PRELIMINARIES

PRELIMINARIESPRELIMINARIES

PRELIMINARIES

A Allow for builder's preliminaries (Assume approx. 9 monthconstruction period) item 400,000.00


Total for PRELIMINARIES 400,000.00

Total for PRELIMINARIES 400,000.00




SITE PREPARATIONSITE PREPARATION

DEMOLITION

A Demolish and remove existing single storey buildings m2 460 75.00 34,500.00

B Demolish and remove existing asphalt paths/roads/carparks m2 7,200 8.00 57,600.00

C Demolish and remove existing gravel path m2 3,500 2.00 7,000.00

D Demolish and remove existing paved running track including drains,railing , etc. m 400 10.00 4,000.00

E Remove existing tree no 21 200.00 4,200.00

DEMOLITION 107,300.00

EARTHWORKS

F Clear site m2 44,600 0.50 22,300.00

G Excavate for wetland pond and basin and store for re-use in mounding m3 8,500 14.00 119,000.00

H Excavate for silt trap and diversion weir and store for re-use inmounding m3 1,300 14.00 18,200.00

I Fill and grade to contour of mound surrounding wetland basin withexcavated material only m3 9,800 10.00 98,000.00

J Allow for rock battering to wetland edges (PC Sum) item 20,000.00

K Allow for excavation and disposal of rock (PC Sum) item 10,000.00

EARTHWORKS 287,500.00

Total for SITE PREPARATION 394,800.00

ROADS, FOOTPATHS AND PAVED AREASROADS, FOOTPATHS AND PAVED AREAS

BOARDWALK

L 2500 - 3000 Wide suspended timber boardwalk bridge including railbalustrade (PC Sum) item 60,000.00

BOARDWALK 60,000.00

CARPARKS

M Asphalt carpark including kerbs, drainage, crossovers, line markingetc. m2 1,600 75.00 120,000.00

CARPARKS 120,000.00

PATHWAY

N Asphalt footpath (wetland area) excluding path connecting site tocapital city trail m2 2,050 45.00 92,250.00

O Granitic sand Path network to provide access and interpretation ofwetland m2 1,100 40.00 44,000.00

P Gravel Maintenance accessway to silt trap/weir m2 900 25.00 22,500.00

Q Allow for bollards (PC Sum) item 5,000.00

PATHWAY 163,750.00

Total for ROADS, FOOTPATHS AND PAVED AREAS 343,750.00



TREATMENT WETLAND WORKS (cont'd)

OUTBUILDINGS AND COVERED WAYSOUTBUILDINGS AND COVERED WAYS

TOILET BLOCK

A New council toilet block including sewer connection (PC Sum) item 150,000.00

TOILET BLOCK 150,000.00

EXISTING PAVILLIONS

B Allow for refurbishment of existing Ross Straw pavilion includingprofessional fees (PC Sum) item 150,000.00

C Allow for photovoltaic cells for Ross Straw Pavillion includingconnection (PC Sum) item 100,000.00

D Allow for carpark and driveway reconfiguration to Ross StrawPavillion (PC Sum) item 50,000.00

EXISTING PAVILLIONS 300,000.00

Total for OUTBUILDINGS AND COVERED WAYS 450,000.00

LANDSCAPING AND IMPROVEMENTSLANDSCAPING AND IMPROVEMENTS

SOFT LANDSCAPING

E 1a/1d - Open Grassland, 20% Native Grasses: 80% grass (hydromulch)m2 3,050 12.40 37,820.00

F 2a - Open Woodland: grass only (hydromulch) m2 6,400 8.00 51,200.00

G 2b - Woodland with sparse understorey: 90% grass (hydromulch), 10%mulched planting (tubestock @ 4 per m²) m2 3,150 11.00 34,650.00

H 2c - Woodland with light understorey: grass only (hydromulch) m2 5,000 8.00 40,000.00

I 2d - Open Woodland with dense understorey: grass only (hydromulch) m2 2,700 8.00 21,600.00

J 3a - Riparian Woodland with light understorey: grass only(hydromulch) m2 2,100 8.00 16,800.00

K 4a - Riparian Woodland with dense understorey: 30% grass, 70%garden bed m2 2,900 25.00 72,500.00

L 4b - Eucalyptus camaldulensis swamp woodland: 40% grass, 60%garden bed (tubestock 4/m2) m2 700 21.20 14,840.00

M 6 - Informal band of Eucalyptus camaldulensis & Eucalyptusmelliodora with grassed understorey : grass hydromulch to 40% of area m2 1,200 8.00 9,600.00

N 8/3d - Park 'Entries': planting as shown on plan, gravel mulch,tubestock @ 4 per m² m2 1,100 30.00 33,000.00

O 8 - Park 'Entries': planting as shown on plan, gravel mulch, tubestock@ 4 per m², grassed understorey m2 400 41.00 16,400.00

P P1 - Pool m2 500 10.00 5,000.00

Q P2 - Pool m2 400 10.00 4,000.00

R DM1a - Deep Marsh m2 200 12.00 2,400.00

S DM1b - Deep Marsh m2 1,300 12.00 15,600.00

T M1 - Marsh m2 1,000 12.00 12,000.00

U SM1 - Shallow Marsh m2 900 15.00 13,500.00

V EM1 - Ephemeral Marsh m2 600 18.00 10,800.00

W SM2a - Shallow Marsh m2 300 15.00 4,500.00

X M2a - Marsh m2 400 10.00 4,000.00



TREATMENT WETLAND WORKS (cont'd)

LANDSCAPING AND IMPROVEMENTSLANDSCAPING AND IMPROVEMENTS (cont'd)

A DM2 - Deep Marsh m2 300 12.00 3,600.00

B M2b - Marsh m2 400 12.00 4,800.00

C SM2b - Shallow Marsh m2 700 15.00 10,500.00

D M3 - Marsh m2 600 12.00 7,200.00

E DM3a - Deep Marsh m2 600 12.00 7,200.00

F DM3b - Deep Marsh m2 300 13.00 3,900.00

SOFT LANDSCAPING 457,410.00

FURNITURE

G Seat no 12 1,000.00 12,000.00

H Bin no 2 1,000.00 2,000.00

I Bike rack no 4 500.00 2,000.00

J Double BBQ no 1 4,000.00 4,000.00

K Picnic table no 3 2,000.00 6,000.00

FURNITURE 26,000.00

BIRD HIDE WALL

L Wetland bird hide wall (PC Sum) item 10,000.00

BIRD HIDE WALL 10,000.00

SIGNAGE

M Name board signage (A) no 3 2,000.00 6,000.00

N Map signage (B) no 1 2,000.00 2,000.00

O Interpretive signage (C) no 2 2,000.00 4,000.00

P Directional signage (D) no 1 1,000.00 1,000.00

SIGNAGE 13,000.00

Total for LANDSCAPING AND IMPROVEMENTS 506,410.00

Total for TREATMENT WETLAND WORKS 1,694,960.00




SITE PREPARATIONSITE PREPARATION

DEMOLITION

A Remove existing tree no 10 200.00 2,000.00

DEMOLITION 2,000.00

EARTHWORKS

B Clear site m2 26,520 0.50 13,260.00

C Excavate for wetland pond and basin and store for re-use in mounding m3 22,875 14.00 320,250.00

D Fill and grade to contour of mound surrounding wetland basin withexcavated material only (Note some of this will occur in the TreatmentWetland area) m3 22,875 10.00 228,750.00

E Allow for rock battering to wetland edges (PC Sum) item 20,000.00

F Allow for excavation and disposal of rock (PC Sum) item 10,000.00

EARTHWORKS 592,260.00

SOIL DECONTAMINATION

G Allow for soil decontamination (Allowance provided by Council) (PCSum) item 400,000.00

SOIL DECONTAMINATION 400,000.00

Total for SITE PREPARATION 994,260.00

ROADS, FOOTPATHS AND PAVED AREASROADS, FOOTPATHS AND PAVED AREAS

PATHWAY

H Granitic sand Path network to provide access and interpretation ofwetland m2 680 40.00 27,200.00

I Allow for bollards (PC Sum) item 5,000.00

J Concrete double kerb to inside edge of existing footpath along OakStreet m 130 100.00 13,000.00

PATHWAY 45,200.00

Total for ROADS, FOOTPATHS AND PAVED AREAS 45,200.00

LANDSCAPING AND IMPROVEMENTSLANDSCAPING AND IMPROVEMENTS

SOFT LANDSCAPING

K 1a/1d - Open Grassland: grass only (hydromulch) m2 1,300 8.00 10,400.00

L 3a - Riparian Woodland with grass understorey: grass only(hydromulch) m2 1,500 8.00 12,000.00

M 3b - Eucalyptus camaldulensis woodland: grass only (hydromulch) m2 600 8.00 4,800.00

N 3b/5b - Eucalyptus camaldulensis woodland: 70% grass, 30% gardenbed, Local and collector streets (Park, Gatehouse, Manningham St &The Avenue) - Refer City of Melb. Precinct Planting Design: advancedtrees as shown on plan m2 1,400 15.00 21,000.00

O 4a - Riparian Woodland with 100% garden bed m2 1,050 30.00 31,500.00

P 4b - Eucalyptus camaldulensis swamp woodland: 60% grass, 40%garden bed, m2 700 16.80 11,760.00



STORAGE WETLAND WORKS (cont'd)

LANDSCAPING AND IMPROVEMENTSLANDSCAPING AND IMPROVEMENTS (cont'd)

A 6 - Informal band of Eucalyptus camaldulensis & Eucalyptus melliodora with grassed understorey with tubestock 1/6m² to 30% ofarea m2 660 11.00 7,260.00

B 9 - Neighbourhood parks: grass only m2 1,700 8.00 13,600.00

C Wetland Basin treatment (PC Sum) m2 14,200 10.00 142,000.00

SOFT LANDSCAPING 254,320.00

SIGNAGE

D Name board signage (A) no 1 2,000.00 2,000.00

E Interpretive signage (C) no 2 2,000.00 4,000.00

SIGNAGE 6,000.00

Total for LANDSCAPING AND IMPROVEMENTS 260,320.00

Total for STORAGE WETLAND WORKS 1,299,780.00



SERVICES RETICULATION WORKS

EXTERNAL STORMWATER DRAINAGEEXTERNAL STORMWATER DRAINAGE

STORMWATER DRAINAGE

ALLOW AS PER COUNCIL'S INITIAL COSTING

From diversion weir to wetland basin

A Control structure and silt trap at diversion weir for Royal Park drain item 60,000.00

B Off take culvert and diversion pipe item 30,000.00

C Overflow pit and control structure to existing Royal Park drainunderground drainage system item 12,000.00

From wetland basin to storage basin

D Outlet control structure at wetland area item 10,000.00

E Supply pipe from wetland basin to storage basin item 45,000.00

F Overflow pit and pipe item 20,000.00

STORMWATER DRAINAGE 177,000.00

Total for EXTERNAL STORMWATER DRAINAGE 177,000.00

EXTERNAL WATER SUPPLYEXTERNAL WATER SUPPLY

WATER STORAGE


From storage basin to distribution storage

G Pump well, valving and controls item 75,000.00

H Submersible pump item 20,000.00

I UV disinfection system item 90,000.00

J Rising main pressure pipe to distribution day storage item 160,000.00

K Washdown water to supply to pump wells item 8,000.00

L Landscape treatment distribution storage tank item 45,000.00

M Water storage tank item 100,000.00

WATER STORAGE 498,000.00

Total for EXTERNAL WATER SUPPLY 498,000.00

EXTERNAL ELECTRIC LIGHT AND POWEREXTERNAL ELECTRIC LIGHT AND POWER

POWER SUPPLY


N New substation and power supply item 45,000.00

POWER SUPPLY 45,000.00

Total for EXTERNAL ELECTRIC LIGHT AND POWER 45,000.00

Total for SERVICES RETICULATION WORKS 720,000.00



COMMISSIONING


COMMISSIONING


A System mechanical/electrical commisioning item 10,000.00

B Wetland water system establishment phase maintenance item 10,000.00

C Landscape establishment phase maintenance for 2 years item 40,000.00

COMMISSIONING 60,000.00

Total for SPECIAL PROVISIONS 60,000.00

Total for COMMISSIONING 60,000.00







A Pre-planning permit stage project management item 7,500.00

B Geotechnical studies item 15,000.00

C Services proving item 4,000.00

D Ecological engineering design management fees item 25,000.00

E Detailed hydraulic investigation and design item 25,000.00

F Water quality investigation item 20,000.00

G Landscape design fees item 65,000.00

H Architectural design fees (pavilion refurbishment) item Excluded

I Building civil/structure/hydraulic/electrical/mechanical design fees item 27,500.00

J Construction plans and specification to ISO/AS item 45,000.00

K Administration, reports, QA/capital and recurrent costing item 40,000.00

L Permits and planning application fees item 5,000.00

M Tender documentation item 100,000.00

N Project management item 125,000.00

PROJECT SET-UP AND DESIGN 504,000.00


Total for PROJECT SET-UP AND DESIGN 504,000.00



CONTINGENCIES


CONTINGENCIES

A Allow for design contingency (3%) item 135,000.00

B Allow for contract contingency (4%) item 180,000.00

CONTINGENCIES 315,000.00


Total for CONTINGENCIES 315,000.00




Wetlands draft MOU February 2004

DRAFT Memorandum of Understanding – Key Principles – March 2004

Royal Park Wetlands Project 1. Introduction The City of Melbourne in association with the local community and organisations such as Melbourne Zoo, EPA and Melbourne Water has developed plans for a wetlands at Royal Park in line with the Royal Park Master Plan. The wetlands are proposed to be located on Royal Park land generally described as the former City Link laydown area and the former hockey field which are located at the southern end of Oak Street, between the City Link Freeway Wall and the Upfield Railway Line. In November 2002, the Minister for Commonwealth Games, Justin Madden facilitated the delivery of the wetlands by confirming that the State Government will make a contribution of $5 million to the proposed wetlands in Royal Park as part of the Commonwealth Games environmental initiative. It is intended that the wetlands be constructed by the end of October 2005 to enable sufficient time for the landscape to establish and for the wetlands to be presented as a benchmark environmental feature and positive legacy arising from the Commonwealth Games in March 2006. Considerable work has been undertaken by the Council in consultation with the State Government and local community groups and organisations to develop the scope of the wetlands proposal. This document has been prepared to establish: • the funding arrangements for the Project; • the roles and responsibilities for the delivery of the Project during the Project term; and; • Design, construction and completion milestones.

2. Signatories to the Memorandum of Understanding The following parties acknowledge and support the Royal Park Wetlands Memorandum of Understanding: • City of Melbourne (CoM) • Office of Commonwealth Games Coordination (OCGC) • Major Projects Victoria (MPV) The parties acknowledge they will undertake reasonable endeavours to achieve application of this Memorandum of Understanding.

Wetlands draft MOU February 2004 2

3. Key Principles The key principles of the MOU are as follows: Project Responsibility The City of Melbourne shall be responsible for all aspects of the project including contractor issues and shall carry out the detailed design and construction of a wetland at Royal Park. The key features of the wetlands that the City of Melbourne must construct are provided in a design brief (see Appendix A). State Contribution The State Government shall contribute $5 million towards the City of Melbourne’s Royal Park Wetlands Project. The contribution shall be paid in three instalments,

1. $0.5 million at commencement of detailed design phase (which includes provision for concept design),

2. $4.0 million at acceptance of the construction tender 3. $0.5 million at Practical Completion.

The City of Melbourne recognises the State will not contribute any additional funding above $5 million and that the City of Melbourne cannot request additional funding to complete or enhance any element of the project. Key Milestones The following milestones will apply to this project:

1. March 2004 Planning Permit Approval 2. April 2004 Detail Design commence 3. October 2005 Construction Complete 4. January 2006 Official Opening

The practical completion of the wetlands must be achieved prior to the end of October 2005. The completion date must be met unless issues arise reasonably considered to be outside City of Melbourne’s control leading to delays in the project. CoM will ensure however, that it minimises the impact that such circumstances may have on the project delivery date through adopting appropriate mitigation strategies. Should such circumstances arise, then the CoM must notify MPV immediately of such circumstances. Key milestones will be agreed by all parties prior to the commencement of each of the design and construction phases of the wetlands project. Achievement of Policy Objectives In constructing the wetlands the City of Melbourne must achieve the following objectives and the design brief specified in Appendix A. (1) To create a significant new habitat/biodiversity area in Royal Park providing

opportunities for recreation, education and public access.


(2) To provide a major water recycling opportunity to: enable adequate recycled water to

irrigate public open space (including Royal Park Golf Course and the Commonwealth Games Village public open space).

(3) To improve catchment water quality in the Moonee Ponds Creek and Port Phillip Bay by

providing high quality Class A water and reduced flows back to regional waterways. 4. Environmental Management (Risk) An Environment Management Framework (EMF) shall be prepared in conjunction with the parties to this agreement for the management of environmental issues (risks) related to the construction and subsequent operation of the Royal Park Wetlands that will be the responsibility of CoM. This framework shall provide environmental priorities and performance indicators for which management systems and actions will be managed and implemented by CoM and its contractors during construction and operation phases of the project. 5. Management to minimise disruption The City of Melbourne and its contractors will ensure that construction works for the wetlands have minimum disruption to the operations or works on adjacent land users, including residents. Major Projects Victoria will ensure that the construction works for the Commonwealth Games Village project have minimum disruption on adjacent land required for the Wetlands Project. The parties will ensure regular consultation between the developers of the Commonwealth Games Village developer and the City of Melbourne and its contractors. 6. Consultation and Reporting All parties shall maintain regular consultation with each other regarding the construction of the wetlands and any material changes to the Wetlands Project. Regular progress meetings (at least monthly) shall be held as agreed by all parties for the period of the project. The progress of the Construction Works shall be monitored weekly by the City of Melbourne and reported upon monthly in writing by the CoM Project Manager, or as otherwise nominated by the CoM, to MPV. In reporting to MPV the City of Melbourne is required to provide 3 copies of a monthly progress report in a form which contains the following information:

- details of the design documentation and construction carried out in the previous month;

- reporting against design and construction milestones with reference to budget and

scope; and - details of any interface issues between the Commonwealth Games Village, other

adjacent land users and the wetlands project. Any variations, or event, that may impact the achievement of milestones or budget must be immediately notified to all parties.


The City of Melbourne agrees that any variation to the milestones or budget does not entitle it to any additional funding or an extension of time to deliver the Wetlands Project. Any variation will not reduce or compromise the obligations of the Council or impose any additional obligations on the State to achieve the Wetlands Practical Completion by the end of October 2005. 7. Dispute Resolution The parties agree to resolve disputes quickly to minimise any delay to the Project. If any dispute arises between the State and the City of Melbourne: - The parties must meet within 5 business days of becoming aware of the dispute to

endeavour to resolve the matter promptly; - If the matter cannot be resolved between the parties and remains unresolved within

two weeks of notification of a dispute the matter may be referred to an independent mediator;

- The independent mediator will be selected by agreement by all parties; and

- The decision of the independent mediator will be binding on all parties. 8. Maintenance and Future Management The wetland is located partly within Royal Park for which the City of Melbourne has been appointed Committee of Management and partly on freehold land owned by the City of Melbourne. Ongoing maintenance and future management of the wetland area shall be the responsibility of the City of Melbourne while Melbourne Water will manage the water elements of the project. A separate agreement between City of Melbourne and Melbourne Water will outline these respective roles. The State holds no obligation with regards to the maintenance or further management of the wetlands. 9. SIGNAT ORIES Date City Of Melbourne __________________________________________________________________ Office of Commonwealth Games Co-ordination __________________________________________________________________ Major Projects Victoria


APPENDIX 1. Royal Park Wetlands Brief Background Royal Park is the largest park in the City of Melbourne and was reserved as a public park in 1876. The Royal Park Master Plan 1998 provides a vision for the park to evoke the original Australian landscape character. The Master Plan includes a detailed proposal for a wetland in Royal Park. CityPlan 2010 The City of Melbourne’s primary strategic planning document CityPlan 2010 sets Council’s vision for the next 10 years and has a commitment to creating a wetlands in Royal Park, including improved bio-diversity and water quality enhancement. Royal Park Master Plan The 1998 Royal Park Master Plan specifically details the wetlands as follows: - Royal Park West is isolated from the rest of the Park by the railway line to the south and to the north by the institutional precinct. The 1984 Master Plan proposed a wetland be developed in this area. Existing creek geological features and the development of this wildlife corridor would provide a major point of interest for visitors, provide educational opportunities for school groups, and allow for greater biological diversity of flora and fauna in the park. It is therefore recommended:

• An extensive wetland system (subject to detail design) be developed in the former hockey field, extending the creek system into the former nursery site. The wetland system should incorporate islands as safe fauna habitats

• Associated with this wetland, interpretative and visitor amenities be developed in concert with a pavilion for the Ross Straw Field, incorporating board walks, shelter, picnic facilities toilets, and possibly food services.

• The wetlands be designed to provide water storage from the creek system suitable for recycling as irrigation to playing fields, Golf Course, Commonwealth Games village and also the Zoo if feasible.

• The Zoo and EPA be requested to ensure that the quality of water entering the creek system and wetlands meets appropriate water quality standards.

• Restore the existing tip site west of the railway into parkland, with planting extending the character of the remnant indigenous woodland to the south.

Key Objectives and principles The three main objectives of the wetlands are to;

(1) Create a significant new habitat/biodiversity area in Royal Park providing for recreation, education and public access. In particular to: -

• Create a landscape character in line with the Royal Park Master Plan. • Ensure that public access is properly integrated into the site and

surrounds • Create diverse habitat for wide range of native – indigenous where

possible - flora and fauna

(2) Provide a major water recycling opportunity to: -


• Provide adequate recycled water to irrigate up to 20 hectares of public open space (Royal Park and Commonwealth Games Village).

(3) Improve catchment water quality in the Moonee Ponds Creek and Port Phillip

Bay to : - • Ensure water quality of “Class A” standards acceptable for human

contact within the park system. Provide high quality water and reduced flows back to regional waterways.

Funding The State Government has committed to contribute $5 million funding toward the Royal Park Wetlands project in con-junction with the Commonwealth Games Village environmental initiatives. The project must be completed by the end of October 2005 to be ready in time for the March 2006 Commonwealth Games. Concept Design The detailed design specifications are as follows: - • Royal Park Creek The Creek line will be rehabilitated and planted with

suitable mature flora. • Diversion weir A small weir will be constructed on the Royal Park

Creek adjacent to CSL that will divert constant flow to the first water body and act as a silt trap.

• First water body The main habitat/public access water body with

biological treatment area will be constructed in former hockey field site.

• Second water body The main storage water body will be constructed west

of Oak Street interfaced with the Commonwealth Games Village with max draw down limit 0.5 – 1.0M.

• Disinfection pumping facility The facility will be located near the north west corner

storage pond site as part of reticulation of recycled water from the second water body, ensuring safety for human contact using medium pressure ultra violet system. Pumping will be constant low flow.

• Rising Main The main supply line to water distribution storage site

near Royal Park train station. • Distribution Storage Recycled water will be stored within Royal Park in an

enclosed water storage system near the Royal Park Train Station/ Zoo.

• Interpretation Facilities To facilitate public involvement an interpretation

centre/pavilion, signage and education system, bird hide and information on significant surrounding remnant sites will be developed.


• Access and linkages As part of the circulation system in Royal Park include

pathways, with public toilet, picnic facilities, bird hide, bike paths and visitor parking.

• Flora and Fauna Planting will be in line with the landscape principles

outlined in the Royal Park Master Plan. Habitat enhancement for locally significant fauna species including provision of shallower and deeper water bodies that include islands and wildlife corridors, with consideration of feral animal and dog management issues.

Key stages and Timeline To meet the tight timelines involved in the project the following milestones are scheduled as following; March 2004 Planning Permit to issue April 2004 Detail Design commence October 2005 Construction Complete January 2006 Official Opening

BLAKE DAWSON WALDRON L A W Y E R S

Level 39 101 Collins Street

MELBOURNE VIC 3000 Telephone: (03) 9679 3000

Fax: (03) 9679 3111

Docs: 1420627

Ref: RWJ JMAH 1327 2766

© Blake Dawson Waldron 2003

Maintenance Agreement

Melbourne Water Corporation and

[Name of Council]

For Developer Constructed Wetlands and Retarding Basins

141584173

CONTENTS

1. INTERPRETATION 1

1.1 Definitions 1 1.2 Rules for interpreting this Document 3 1.3 Business Days 3

2. APPLICATION 3

3. MAINTENANCE OBLIGATIONS 4

3.1 The Council's maintenance obligations 4 3.2 Melbourne Water may perform Council's obligations 4 3.3 Melbourne Water's maintenance obligations 5 3.4 The Council may perform Melbourne Water's obligations 6

4. LICENCE 6

5. APPROVALS AND LEGISLATIVE COMPLIANCE 6

6. INDEMNITY 7

6.1 Melbourne Water 7 6.2 The Council 7

7. NOT TO INTERFERE WITH STATUTORY RIGHTS 7

8. CO-OPERATION OF THE PARTIES 7

9. INSURANCE 7

9.1 The Council 7 9.2 Melbourne Water 8

10. TERMINATION 8

11. NOTICES 8

12. AMENDMENT AND ASSIGNMENT 9

12.1 Amendment 9 12.2 Assignment 9 12.3 Assignment of Interest in Land 9

141584173 ii.

13. GENERAL 9

13.1 Governing law 9 13.2 Giving effect to this Document 9 13.3 Waiver of rights 9 13.4 Operation of this Document 9 13.5 Operation of indemnities 10 13.6 Consents 10 13.7 Counterparts 10 13.8 Attorneys 10

Annexures

1. ANNEXURE 1 – PART 1

2. ANNEXURE 2 - PRO FORMA SCHEDULES AND ANNEXURES FOR FUTURE LAND

141584173

MAINTENANCE AGREEMENT

DATE

PARTIES

Melbourne Water Corporation of 100 Wellington Parade, East Melbourne, Victoria ("Melbourne Water")

[insert name and contact details of Council here (including fax number)] (the "Council")

RECITALS

A. An Agreement has been entered into between the Developer and Melbourne Water pursuant to section 269A of the Melbourne and Metropolitan Board of Works Act 1958 (the "Agreement"). A copy of the Agreement is contained in annexure A of the relevant Part.

B. Under the Agreement, the Developer must carry out and complete the Works on the Land.

C. The Agreement contains a requirement that a maintenance agreement be entered into between the Council and Melbourne Water in relation to the completed Works.

D. This Document sets out the rights and obligations of the Council and Melbourne Water in relation to maintenance of the completed Works and associated matters.

OPERATIVE PROVISIONS

1. INTERPRETATION

1.1 Definitions

The following definitions apply in this Document.

"Agreement" has the meaning ascribed to it in Recital A.

"Annexure" means an annexure to this Document.

"Business Day" means a day that is not a Saturday, Sunday or public holiday in Melbourne, Victoria.

"Claims" means any action, claim, demand, damages, expense or costs by or at the instance of any person whatsoever for or by reason of any damage to real or personal property or any personal injury and in respect of any suit, action, proceeding, judgment or claim including any claim in negligence or pursuant to statute.

"Council's Assets" means the assets listed in the first column of the table in schedule 2 of the relevant Part.

"Council's Commencement Date" means the date specified in item 1(a) of schedule 1 of the relevant Part.

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"Council's Land" means that part of the Land, if any, that is reserved for a specific purpose or purposes in the Council, that the Council owns, or which the Council leases from the Crown, as specified and described in item 5(a) of schedule 1 of the relevant Part.

"Council's Maintenance Works" means the works listed in schedule 2 of the relevant Part.

"Developer" means the person, persons or company specified in item 2 of schedule 1 of the relevant Part.

"Document" means this maintenance agreement including the schedules and annexures of the relevant Part.

"GST" means the same as in the GST Law, and any applicable additional tax, penalty tax, fine, interest or other charge.

"GST Law" means the same as "GST law" means in A New Tax System (Goods and Services Tax) Act 1999 (Cth).

"Land" means the land described in item 3 of schedule 1 of the relevant Part.

"Melbourne Water's Assets" means the assets listed in the first column of the table in schedule 3 of the relevant Part.

"Melbourne Water's Commencement Date" means the date specified in item 1(b) of schedule 1 of the relevant Part.

"Melbourne Water's Land" means that part of the Land, if any, that is reserved for a specific purpose or purposes in Melbourne Water, that Melbourne Water owns, or which Melbourne Water leases from the Crown, as specified and described in item 4(b) of schedule 1 of the relevant Part.

"Melbourne Water's Maintenance Works" means the works listed in schedule 3 of the relevant Part.

"Part" means each of the sets of four schedules (schedule 1, 2, 3 and 4) and two annexures (annexure A and B) contained in Annexure 1 which relate to, and provide specific details of, a particular wetland and / or retarding basin (as described in that part), together with any parts which are subsequently incorporated into this Document in accordance with clause 2(b) but excluding any parts which are excluded from this Document in accordance with clause 2(c).

"Tax Invoice" in relation to a supply means an invoice for the supply required by the GST Law to support a claim by the recipient for an input tax credit for the GST on the supply.

"Works" means the drainage, waterway, floodway, flood protection, water quality, or environmental management works to which the Agreement refers and which are described in schedules 2 and 3 of the relevant Part and a plan of which is contained in the corresponding annexure B of the relevant Part.

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1.2 Rules for interpreting this Document

Headings are for convenience only, and do not affect interpretation. The following rules also apply in interpreting this Document, except where the context makes it clear that a rule is not intended to apply.

(a) A reference to:

(i) legislation (including subordinate legislation) is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it;

(ii) a document or agreement, or a provision of a document or agreement, is to that document, agreement or provision as amended, supplemented, replaced or novated;

(iii) a party to this Document or to any other document or agreement includes a permitted substitute or a permitted assign of that party;

(iv) a person includes any type of entity or body of persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person; and

(v) anything (including a right, obligation or concept) includes each part of it.

(b) A singular word includes the plural, and vice versa.

(c) A word which suggests one gender includes the other genders.

(d) Other grammatical forms of defined words or expressions have corresponding meanings.

(e) If an example is given of anything (including a right, obligation or concept), such as by saying it includes something else, the example does not limit the scope of that thing.

(f) The word "agreement" includes an undertaking or other binding arrangement or understanding, whether or not in writing.

1.3 Business Days

If the day on or by which a person must do something under this Document is not a Business Day the person must do it on or by the next Business Day.

2. APPLICATION

(a) This Document applies to all developer constructed wetlands and retarding basins in the Council's municipality which are detailed in a Part.

(b) A Part is incorporated into this Document when Council and Melbourne Water have both signed an authority in the form of item 6 of schedule 1 of Annexure 2 in

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respect of that Part (thereby evidencing their agreement that the maintenance of the wetland or retarding basin is to be governed by the terms of this Document).

(c) A Part is removed from this Document when Council and Melbourne Water have both signed an authority in the form of schedule 5 of Annexure 2 in respect of that Part (thereby evidencing their agreement that the relevant Part is removed from this Document).

3. MAINTENANCE OBLIGATIONS

3.1 The Council's maintenance obligations

(a) From the Council's Commencement Date, the Council must, at its own expense:

(i) keep the Council's Assets in good and safe repair and condition;

(ii) ensure that the Council's Assets present no danger to any person, the Land, or Melbourne Water's Assets;

(iii) perform the Council's Maintenance Works in a safe and workmanlike manner and at the frequency specified in Schedule 2 of the relevant Part; and

(iv) comply with the special conditions (if any) specified in item 5(a) of schedule 2 of the relevant Part.

(b) Subject to paragraph (c), if any action taken by the Council in complying with its obligations under paragraph (a) is likely to interfere with:

(i) the use, operation or performance of Melbourne Water's Assets; or

(ii) Melbourne Water's ability to perform its obligations under clause 3.3,

then, before taking that action, the Council must:

(iii) notify Melbourne Water of the nature of the likely interference;

(iv) inform Melbourne Water of the action the Council will take to minimise the likelihood and extent of any such interference; and

(v) take into account any suggestions made by Melbourne Water.

(c) The Council does not have to give any notice under paragraph (b) where there is a threat to human health or the environment, or any other emergency.

3.2 Melbourne Water may perform Council's obligations

(a) If Melbourne Water reasonably considers that the Council has failed to comply with the provisions of this Document then Melbourne Water may:

(i) give the Council written notice specifying the works, matters and things in respect of which the Council has failed to comply; and

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(ii) if the Council has failed to carry out the necessary work within 30 days of the date of service of the notice on Council, take any action it considers appropriate to remedy the non-compliance.

(b) The reasonable costs (including GST) incurred by Melbourne Water in carrying out the relevant work will be reimbursed by the Council to Melbourne Water within 14 days of Council receiving a Tax Invoice for those costs.

(c) The Council indemnifies Melbourne Water against any damage, claim, expense, loss or liability that Melbourne Water suffers or incurs as a result of exercising its rights under this clause, except to the extent caused or contributed to by the negligence of Melbourne Water.

3.3 Melbourne Water's maintenance obligations

(a) From Melbourne Water's Commencement Date, Melbourne Water must, at its own expense:

(i) keep Melbourne Water's Assets in good and safe repair and condition;

(ii) ensure that Melbourne Water's Assets present no danger to any person, the Land, or the Council's Assets;

(iii) perform Melbourne Water's Maintenance Works in a safe and workmanlike manner and at the frequency specified in Schedule 3 of the relevant Part; and

(iv) comply with the special conditions (if any) specified in item 5(b) of schedule 2 of the relevant Part.

(b) Subject to paragraph (c), if any action taken by Melbourne Water in complying with its obligations under paragraph (a) is likely to interfere with:

(i) the use, operation or performance of the Council's Assets; or

(ii) the Council's ability to perform its obligations under clause 3.1,

then, before taking that action, Melbourne Water must:

(iii) notify the Council of the nature of the likely interference;

(iv) inform the Council of the action Melbourne Water will take to minimise the likelihood and extent of any such interference; and

(v) take into account any suggestions made by the Council.

(c) Melbourne Water does not have to give any notice under paragraph (b) where there is a threat to human health or the environment, or any other emergency.

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3.4 The Council may perform Melbourne Water's obligations

(a) If the Council reasonably considers that Melbourne Water has failed to comply with the provisions of this Document then the Council may:

(i) give Melbourne Water written notice specifying the works, matters and things in respect of which Melbourne Water has failed to comply; and

(ii) if Melbourne Water has failed to carry out the necessary work within 30 days of the date of service of the notice on Melbourne Water, take any action it considers appropriate to remedy the non-compliance.

(b) The reasonable costs (including GST) incurred by the Council in carrying out the relevant work will be reimbursed by Melbourne Water to the Council within 14 days of Melbourne Water receiving a Tax Invoice for those costs.

(c) Melbourne Water indemnifies the Council against any damage, claim, expense, loss or liability that the Council suffers or incurs as a result of exercising its rights under this clause, except to the extent caused or contributed to by the negligence of the Council.

4. LICENCE

(a) Subject to paragraph (c), Melbourne Water grants the Council and its employees, agents, workmen, contractors and consultants, either with or without vehicles or machinery, full and free right and liberty to go, pass and repass at all times into and out of and from Melbourne Water's Land or any part thereof, for any purpose necessary for the Council to carry out its obligations under this Document.

(b) Subject to paragraph (c), the Council grants Melbourne Water and its employees, agents, workmen, contractors and consultants, either with or without vehicles or machinery, full and free right and liberty to go, pass and repass at all times into and out of and from the Council's Land or any part thereof, for any purpose necessary for Melbourne Water to carry out its obligations under this Document.

(c) The Council and Melbourne Water will each make good any damage they cause to the other's land in exercising their rights under paragraphs (a) or (b) (as appropriate).

5. APPROVALS AND LEGISLATIVE COMPLIANCE

The Council and Melbourne Water must each:

(a) comply with all relevant laws, regulations and by-laws (including the Environment Protection and Biodiversity Conservation Act 1999 (Cth)), including the giving of notices, the payment of fees and the provision of reports; and

(b) obtain all necessary permits and approvals,

when carrying out their respective obligations under this Document.

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6. INDEMNITY

6.1 Melbourne Water

The Council agrees to hold harmless and keep Melbourne Water, its directors, employees, officers and agents, indemnified against all Claims to the extent they arise from or are caused or contributed to by:

(a) the use or existence of the Council's Assets; or

(b) the carrying out by the Council of its obligations under this Document or the failure by the Council to carry out those obligations.

6.2 The Council

Melbourne Water agrees to hold harmless and keep the Council, its employees, officers and agents, indemnified against all Claims to the extent they arise from or are caused or contributed to by:

(a) the use or existence of Melbourne Water's Assets; or

(b) the carrying out by Melbourne Water of its obligations under this Document or the failure by Melbourne Water to carry out those obligations.

7. NOT TO INTERFERE WITH STATUTORY RIGHTS

This Document is not intended to fetter, restrict, alter or vary the powers, functions, discretions or obligations of:

(a) Melbourne Water under any legislation, including the Water Act 1989, the Water Industry Act 1994, or the Melbourne and Metropolitan Board of Works Act 1958; or

(b) the Council under any legislation, including the Planning and Environment Act 1987 and the Local Government Act 1989.

8. CO-OPERATION OF THE PARTIES

The parties agree to assist each other as far as reasonably possible in performing their obligations under this Document, including providing the other with all relevant information in their possession or control which that party is legally able to disclose to another party.

9. INSURANCE

9.1 The Council

The Council must effect and maintain insurances in the amount and for the period specified in Schedule 4 of the relevant Part for the Council's Assets and the Council's Land for all injury, damage, expense, loss or liability whatsoever:

(a) arising out of any loss of or damage to any real or personal property; and

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(b) in respect of personal injury, disease, illness, or death of any person.

9.2 Melbourne Water

Melbourne Water must effect and maintain insurances in the amount and for the period specified in Schedule 4 of the relevant Part for Melbourne Water's Assets and Melbourne Water's Land for all injury, damage, expense, loss or liability whatsoever:

(a) arising out of any loss of or damage to any real or personal property; and

(b) in respect of personal injury, disease, illness, or death of any person.

10. TERMINATION

(a) This Document may only be terminated by mutual agreement between Melbourne Water and the Council.

(b) The termination of this Document does not affect any then current claim that either party may have against the other whether under this Document or at general law.

11. NOTICES

(a) A notice, consent or other communication under this Document is only effective if it is in writing, signed and either:

(i) delivered or sent by pre-paid mail to that person's address; or

(ii) sent by fax to that person's fax number and the machine from which it is sent produces a report that states that it was sent in full.

(b) A notice, consent or other communication that complies with this clause is regarded as given and received:

(i) if it is delivered or sent by fax:

(A) by 5.00 pm (local time in the place of receipt) on a Business Day - on that day; or

(B) after 5.00 pm (local time in the place of receipt) on a Business Day, or on a day that is not a Business Day - on the next Business Day; and

(ii) if it is sent by mail – 3 Business Days after posting.

(c) Melbourne Water's address and fax number are those set out below, or as Melbourne Water subsequently notifies the Council:

Address: 100 Wellington Parade, East Melbourne, Victoria 3002 Fax number: Attention:

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(d) The Council's address and fax number are those set out at the beginning of this Document, or as the Council subsequently notifies Melbourne Water.

12. AMENDMENT AND ASSIGNMENT

12.1 Amendment

This Document can only be amended, supplemented, replaced or novated by another document signed by the parties.

12.2 Assignment

A party may only dispose of, declare a trust over or otherwise create an interest in its rights under this Document with the consent of the other party.

12.3 Assignment of Interest in Land

If any other person or body is to be vested with the Council's interest in the Council's Land, or with Melbourne Water's interest in Melbourne Water's Land, then the Council and Melbourne Water will do all they can to ensure that this Document is assigned or novated (as is appropriate in the circumstances) to that person or body.

13. GENERAL

13.1 Governing law

This Document is governed by the law in force in Victoria.

13.2 Giving effect to this Document

Each party must do anything (including executing any document), and must ensure that its employees and agents do anything (including executing any document), that the other party may reasonably require to give full effect to this Document.

13.3 Waiver of rights

A right may only be waived in writing, signed by the party giving the waiver, and:

(a) no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;

(b) a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and

(c) the exercise of a right does not prevent any further exercise of that right or of any other right.

13.4 Operation of this Document

(a) This Document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty

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relating to that subject matter is replaced by this Document and has no further effect.

(b) Any provision of this Document which is unenforceable or partly unenforceable is, where possible, to be read down or severed to the extent necessary to make this Document enforceable, unless this would materially change the intended effect of this Document.

13.5 Operation of indemnities

(a) Each indemnity in this Document survives the expiry or termination of this Document.

(b) A party may recover a payment under an indemnity in this Document before it makes the payment in respect of which the indemnity is given.

13.6 Consents

Where this Document contemplates that the parties may agree or consent to something (however it is described), the parties may:

(a) not agree or consent; or

(b) agree or consent subject to conditions,

in their absolute discretion, unless this Document expressly contemplates otherwise.

13.7 Counterparts

This Document may be executed in counterparts.

13.8 Attorneys

Each person who executes this Document on behalf of a party under a power of attorney, or an instrument of delegation, declares that he or she is not aware of any fact or circumstance that might affect his or her authority to do so under that power of attorney or instrument of delegation.

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EXECUTED as an agreement.

Signed for and on behalf of MELBOURNE WATER CORPORATION, by its duly authorised officer, in the presence of:

Signature of Group Manager, Infrastructure Signature of Witness

Name Name

[Insert appropriate execution clause]

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ANNEXURE 1 – PART 1

[Insert completed part for initial land]

PART 1 - [insert TITLE AND ADDRESS OF WETLAND AND/OR RETARDING BASIN here]

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SCHEDULE 1 (Part 1)

1. COMMENCEMENT DATE

(a) Council's Commencement Date: [insert specific date or the time Council's maintenance responsibility is to commence in accordance with the Agreement.]

(b) Melbourne Water's Commencement Date: [insert specific date or the time Melbourne Water's maintenance responsibility is to commence in accordance with the Agreement.]

2. DEVELOPER

3. DESCRIPTION OF THE LAND

4. OWNER OF THE LAND

(a) Council's Land:

(b) Melbourne Water's Land:

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5. SPECIAL CONDITIONS

(a) Council's Special Conditions [insert specific obligations (if any) for the particular wetland / retarding basin which are not covered or adequately dealt with by the standard Document]:

(b) Melbourne Water's Special Conditions [insert specific obligations (if any) for the particular wetland / retarding basin which are not covered or adequately dealt with by the standard Document]:

6. AUTHORITY

Melbourne Water and Council agree that the responsibility for the maintenance of the asset described on the cover page to this Part is to be performed in accordance with the Document, and this Part is hereby incorporated into the Document in accordance with clause 2(b) as evidenced by the execution of this authority by Melbourne Water and Council on [insert date], and the parties agree that the Document is amended accordingly, with effect from the Commencement Date.




Name Name

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[Insert appropriate Council authority]

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SCHEDULE 2 (Part 1) - COUNCIL'S MAINTENANCE WORKS

Assets Maintenance Works Frequency of Maintenance Works

Estimated Annual Cost Profile

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SCHEDULE 3 (Part 1)- MELBOURNE WATER'S MAINTENANCE WORKS



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SCHEDULE 4 (Part 1)– INSURANCE

Item 1 Amount Insured under Public Liability Insurance Policy

$20,000,000 per claim.

Item 2 Period of Public Liability Insurance Policy

6 years from the termination of this Document in accordance with clause 10.

Item 3 Amount insured under Industrial Special Risks Policy

$20,000,000 per annum.

Item 4 Period of Industrial Special Risks Policy

For the life of the Document

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SCHEDULE 5 (Part 1)– AUTHORITY TO REMOVE

Melbourne Water and Council agree that with effect from [Date] the Document will cease to apply to the maintenance of the asset described on the cover page to this Part as evidenced by the execution of this authority by Melbourne Water and Council, and the parties agree that the Document is amended accordingly.




Name Name


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ANNEXURE A (Part 1)- AGREEMENT

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ANNEXURE B (Part 1)– PLAN OF THE WORKS

[note the plan needs to be in a large enough scale so that assets can be clearly marked]

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ANNEXURE 2 – PRO FORMA SCHEDULES AND ANNEXURES FOR FUTURE LAND

PART [1] - [insert TITLE AND ADDRESS OF WETLAND AND/OR RETARDING BASIN here]

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SCHEDULE 1 (Part [1])

1. COMMENCEMENT DATE

(c) Council's Commencement Date: [insert specific date or the time Council's maintenance responsibility is to commence in accordance with the Agreement.]

(d) Melbourne Water's Commencement Date: [insert specific date or the time Melbourne Water's maintenance responsibility is to commence in accordance with the Agreement.]

2. DEVELOPER

3. DESCRIPTION OF THE LAND

4. OWNER OF THE LAND

(e) Council's Land:

(f) Melbourne Water's Land:

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5. SPECIAL CONDITIONS

(g) Council's Special Conditions [insert specific obligations (if any) for the particular wetland / retarding basin which are not covered or adequately dealt with by the standard Document]:

(h) Melbourne Water's Special Conditions [insert specific obligations (if any) for the particular wetland / retarding basin which are not covered or adequately dealt with by the standard Document]:

6. AUTHORITY

Melbourne Water and Council agree that the responsibility for the maintenance of the asset described on the cover page to this Part is to be performed in accordance with the Document, and this Part is hereby incorporated into the Document in accordance with clause 2(b) as evidenced by the execution of this authority by Melbourne Water and Council on [insert date], and the parties agree that the Document is amended accordingly, with effect from the Commencement Date.




Name Name

141584173


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SCHEDULE 2 (Part [1]) - COUNCIL'S MAINTENANCE WORKS



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SCHEDULE 3 (Part [1])- MELBOURNE WATER'S MAINTENANCE WORKS



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SCHEDULE 4 (Part [1])– INSURANCE

Item 1 Amount Insured under Public Liability Insurance Policy

$20,000,000 per claim.

Item 2 Period of Public Liability Insurance Policy

6 years from the termination of this Document in accordance with clause 10.

Item 3 Amount insured under Industrial Special Risks Policy

$20,000,000 per annum.

Item 4 Period of Industrial Special Risks Policy

For the life of the Document

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SCHEDULE 5 (Part [1])– AUTHORITY TO REMOVE

Melbourne Water and Council agree that with effect from [Date] the Document will cease to apply to the maintenance of the asset described on the cover page to this Part as evidenced by the execution of this authority by Melbourne Water and Council, and the parties agree that the Document is amended accordingly.




Name Name


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ANNEXURE A (Part [1])- AGREEMENT

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ANNEXURE B (Part [1])– PLAN OF THE WORKS

[note the plan needs to be in a large enough scale so that assets can be clearly marked]



Royal Park Wetlands City of Melbourne annual recurrent costs plan

Component Responsibility CoM annual additional cost change

A Diversion Weir Melb Water n/a B Pond 1. (Treatment) Melb Water n/a C Pond 1. Open space CoM $nil (with 50% reduced

footprint and additional maintenance requirements-)

D Pond 2. (Storage) Melb Water n/a E Pond 2. Open space CoM $nil (with 75% reduced

footprint and additional maintenance requirements)

F Primary Recycling Melb Water n/a G Water Quality Management Melb Water n/a H Water Allocation Management Melb Water City

West Water n/a

I Park Irrigation (pump) CoM $ 3,834.00 (22,555Kwh @ $0.17 per Kwh)

J Park Irrigation (water) CoM $Nil or less (with reduced water use)

K Car parking CoM $Nil or less (with 50% less footprint than current)

L Interpretative Signage & brochures

CoM $2000

M Pavilion CoM $5000 (with 50% less footprint than current but with higher useage)

N Pathways CoM $Nil (with 50% less footprint than current but with higher useage)

P Photovoltaic Cells (grid connected)

Ross Straw 13.5Kw Ryder 6Kw

CoM Credit $3,349.00 (19,700Kwh @ $0.17 per Kwh) Credit $1,489.00 (8,760 Kwh @ $0.17 per Kwh)

O Public Toilet CoM

$Nil (with 50% less footprint than current but with additional use)

Total (CoM)

$3,000 – 5,000 Annual added cost

Additions to Royal Park (Park Street Drain) City of Melbourne annual recurrent costs plan

Component Responsibility CoM cost change A Park Street Drain Melb Water n/a

B New Open space alongside

waterway/drain CoM (proposed) $3500

Total (CoM) $3,500



1

SUSTAINABILITY ASSESSMENT

ROYAL PARK WETLANDS UPDATE Theme: Organisational issues Question 1: Internal Issues Is this issue an internal administrative issue? If so, how does improve organisational processes? Note: if this issue does not directly impact the municipality, please select 'not applicable' from the Impact list for the remainder of the questions. Comments: Not applicable Theme: Social Factors Question 2: Community Services What effect will the proposal have on the quality, quantity and accessibility of education, leisure, cultural, health and other community services? Impact: positive Likelihood: high Magnitude: moderate Comments: Will provide interpretive/education facilities for community Question 3: Active and Engaged Community What effect will this proposal have on the development of a culturally diverse, healthy, equitable, active and involved community in Melbourne? Impact: positive Likelihood: high Magnitude: moderate Comments: Will provide opportunity to revitalise existing open space Question 4: Cultural and Heritage Value of Built Form What effect will this proposal have on the cultural heritage of Melbourne's neighbourhoods and buildings? Impact: no impact Likelihood: low Magnitude: minimum Question 5: Transport and Accessibility What effect will the proposal have on the level of public transport and number of transport options/connections with the City of Melbourne? Impact: no impact Likelihood: low Magnitude: minimum

2

Question 6: Welcoming and Safe Public Space What effect will the proposal have on the safety and amenity of the public environment eg streets, laneways, parks and gardens? Impact: positive Likelihood: high Magnitude: maximum Comments: High oincrease in amenity of west side of Royal Park Theme: Environmental Factors Question 7: Energy Use and Greenhouse Emissions What effect will the proposal have on energy consumption and greenhouse gas emissions associated with Council and/or community activities? Impact: positive Likelihood: high Magnitude: moderate Comments: Wil result in net return of energy to the grid Question 8: Resource Use and Waste Generation What effect will the proposal have on the total quantity and type of waste, including prescribed waste, generated by Council and/or community activities? Impact: no impact Likelihood: low Magnitude: minimum Question 9: Pollution What effects will the proposal have on the use of hazardous materials and levels of pollution (air, noise, soil, and water) in the region? Impact: positive Likelihood: high Magnitude: maximum Comments: Major improvement to quality of water entering Moonee Ponds Creek and Port Phillip Bay Question 10: Water Consumption What effect will the proposal have on the quantity of water consumed and disposed of by the Council and/or in the municipality? Impact: positive Likelihood: high Magnitude: maximum Comments: Will provide a major source of recycled water to Royal Park

3

Question 11: Flora and Fauna What effect will this proposal have on flora and fauna in the City of Melbourne on private and public land and in the aquatic environment? Impact: positive Likelihood: high Magnitude: maximum Comments: Major new habitat area in City of Melbourne Theme: Economic Factors Question 12: Development of Key Business Sectors What effect will the proposal have on the number and type of businesses and level of business investment in the City of Melbourne? Impact: positive Likelihood: medium Magnitude: moderate Comments: Will increase the profile of Melbourne for broader range of recreational opportunities Question 13: Transport Infrastructure What effect will the proposal have on Melbourne's transport infrastructure? Impact: no impact Likelihood: low Magnitude: minimum Question 14: Communications Infrastructure What effect will the proposal have on Melbourne's information technology and telecommunications infrastructure? Impact: no impact Likelihood: low Magnitude: minimum Question 15: Business Innovation What effect will the proposal have on research and development in Melbourne? Impact: no impact Likelihood: low Magnitude: minimum Question 16: Job Creation What effect will the proposal have on the number and types of jobs available in the City of Melbourne? Impact: no impact Likelihood: low Magnitude: minimum

Agenda Item 5.3 Commonwealth Games Infrastructure and Major Projects Committee

2 March 2004

FINANCE ATTACHMENT


There are no financial implications arising from the recommendations in this report.

Joe Groher Manager Financial Services

Agenda Item 5.3 Commonwealth Games Infrastructure and Major Projects Committee

2 March 2004

LEGAL ATTACHMENT


Legal advice has been provided and will continue to be provided in relation to all aspects of this project. This includes the appeal by objectors the Victorian Civil and Administrative Tribunal against Council’s notice of decision to grant a permit as well as advice concerning the final terms and conditions to be included in the Memorandum of Understanding.

In relation to the project it is noted that section 3C(1) of the Local Government Act 1989 (“Act”) provides that:

“The primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decision.”

Section 3C(2) of the Act provides that in seeking to achieve its primary objective the Council must have regard to facilitating objectives including:

“(c) to improve the overall quality of life of people in the local community;

Section 3E of the Act provides that the functions of a Council include:

“(a) advocating and promoting proposals which are in the best interests of the local community;

(b) planning for and providing services and facilities for the local community;

(d) providing and maintaining community infrastructure in the municipal district;”

The recommendation contained in the report is consistent with the functions of the Council. Kim Wood Acting Manager Governance Services

Documents

ROYAL PARK WETLANDS UPDATE - City of Melbourne